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City Council-Agenda Packets-12/19/2017
City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, December 19, 2017 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of McDonwell School Road and Westcoast Drive intersection improvements WS-2 Discussion of potential tree planting efforts in areas impacted by rail work WS-3 Discussion of the December 19, 2017, City Council regular agenda items 1.EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Glade Road Project Phases 1B and 2 City real property and facilities located within the Village at Colleyville Acquisition of real property along Highway 26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City of Colleyville Page 2 City Council Agenda December 19, 2017 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4212 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Featured Business of the Month - Menchie's Frozen Yogurt, 4709 Colleyville Boulevard, Suite 520, Donna Brown, owner and Mayor Pro Tem Bobby Lindamood and Assistant City Manager Mark Wood 4.CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4213 4a Approval of the minutes of the regular City Council meeting of December 5, 2017 4b Approval of the minutes of the Joint City Council and Parks and Recreation Advisory Board Worksession of December 6, 2017 4c Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of December 6, 2017 4d Approval of an Interlocal Agreement between the City of Colleyville and the North Central Texas Council of Governments, and authorizing the city manager to execute the agreement 4e Approval of a license agreement with Four Seasons Markets to conduct a Colleyville Farmer's Market, and authorizing the city manager to execute the agreement 5.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 City Council Agenda December 19, 2017 6.DISCUSSION OF ITEMS NOT FOR ACTION 6a Texas Department of Transportation (TxDOT) update on State Highway 26 (SH26) 7.REPORTS Monthly Financial Report - November 2017 Zoning Board of Adjustment Minutes - November 14, 2017 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 19, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4214 9.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 15, 2017 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 12/19/2017 Type Worksession Department Public Works Title Discussion of McDonwell School Road and Westcoast Drive intersection improvements Strategic Plan 3.4 Thoroughly plan for future capital investments and associated costs Explanation Public Works Director Jeremy Hutt and the City's consultant will provide information on available options to improve the intersection at McDonwell School Road and Westcoat Drive. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-2 Agenda Date 12/19/2017 Type Worksession Department City Manager Title Discussion of potential tree planting efforts in areas impacted by rail work Strategic Plan 2.1 Provide responsive, efficient city services 4.1 Protect Colleyville's semi-rural residential character Explanation City Manager Jerry Ducay will provide a brief presentation about the existing conditions and proposed course of action for mitigation. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-3 Agenda Date 12/19/2017 Type Worksession Department City Secretary Title Discussion of the December 19, 2017, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 12/19/2017 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Glade Road Project Phases 1B and 2 City real property and facilities located within the Village at Colleyville Acquisition of real property along Highway 26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-17-4212 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 19, 2017 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 12/19/2017 Type Announcements, Proclamations, and Presentations Department City Secretary Title In recognition of the Featured Business of the Month - Menchie's Frozen Yogurt, 4709 Colleyville Boulevard, Suite 520, Donna Brown, owner and Mayor Pro Tem Bobby Lindamood and Assistant City Manager Mark Wood Attachments RESOLUTION R-17-4213 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 19, 2017 WHEREAS,City 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 City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the regular City Council meeting of December 5, 2017 b.Approval of the minutes of the Joint City Council and Parks and Recreation Advisory Board Worksession of December 6, 2017 c.Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of December 6, 2017 d.Approval of an Interlocal Agreement between the City of Colleyville and the North Central Texas Council of Governments, and authorizing the city manager to execute the agreement e.Approval of a contract with Four Seasons to conduct a Colleyville Farmer's Market, and authorizing the city manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor Resolution R-17-4213 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 5, 2017 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 5, 2017, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor. Also Present: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Brian Riley, Interim Police Chief Robert Hinton, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Parks Manager Heather Dowell, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of masonry wall requirements Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton asked if the wood fence requirements were for residential or commercial. Director Bryner replied the requirements are for all wood fences, however, when used in commercial applications, the posts must be metal. Councilmember Dodson asked if a permit is required for all fencing and stated the 15 gauge posts seems thin. Director Bryner stated a permit is required and is approved by the Community Development department. Mayor Newton stated he has considered all aspects of this fencing requirement and is considering what the objective is in taking up this issue. There was general discussion regarding the requirements of fencing between commercial lots, type of fencing, monetary costs, the need to have fencing be aesthetically pleasing while not creating silos and/or cubicles, and the Council’s ability to grant waivers and variances. Mayor Newton stated before making a final decision regarding the need for City Council to deliberate further, he would like staff to prepare a future worksession item and provide a list of what items are considered by the Zoning Board of Adjustment. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 2 WS-2 Discussion of a farmer's market Assistant City Manager Mark Wood presented this item and introduced Matt Brown, Chief Operating Officer, Four Seasons, who also gave a presentation and answered questions of the City Council. Councilmember Dodson asked if vendors are required to provide their own tent and if the City provides power. ACM Wood stated the answer to both is yes, but the City will begin providing power by generator before installing full service. City Manager Ducay stated there is power at Heroes Park and it will not be problematic to run the power. Councilmember Coplen asked if the market is once a month or all year. City Manager Ducay stated the market will be all year, however, the variety of wares will be based on the season. Mr. Brown discussed the general premise of a four season market, use of membership cards, engaging patrons, citizens, and businesses; the company’s current clients, marketing platform, and anticipated contract terms. Assistant City Manager Mark Wood will continue to work with Four Seasons to bring a resolution before the City Council to approve a contract with Four Seasons for a Colleyville Farmer’s Market. WS-3 Discussion of the December 5, 2017, City Council regular agenda items Mayor Newton distributed copies of the changes he would like made to the November 5, 2017 City Council minutes and asked City Council to include same when making a motion for the approval of the consent resolution. Mayor Newton also distributed copies of an editorial in the Fort Worth Star- Telegram which discussed the Tarrant Appraisal District (TAD), a list of the current candidates for the TAD Board of Directors, and the votes each have received to date. Mayor Newton stated the City’s nominee, Ms. June Shrewsbury will not be able to win and advised Resolution R-17-4207 on this agenda will allow the City Council to cast their votes. Mayor Newton asked everyone to review the material and be prepared to discuss voting for Daniel J. Bennett. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Newton called the Executive Session to order at 6:32 p.m. and called the roll. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 3 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Glade Road Project Phases 1B and 2 City real property and facilities located within the Village at Colleyville Acquisition of real property along Highway 26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:05 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor. Also Present: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Brian Riley, Interim Police Chief Robert Hinton, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Parks Manager Heather Dowell, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 4 INVOCATION: Pastor Martin Richardson, Crown of Life PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4205 Mayor Newton read Resolution R-17-4205 in its entirety. Mayor Newton stated all the properties listed in the resolution are associated with the Glade Road project. Mayor Newton opened the public hearing at 7:34 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:34 p.m. Councilmember Nakamura made a motion to approve Resolution R-17- 4205, Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton recognized the passing of long-time resident Mrs. Martha Bufe. Mayor Newton reminded everyone the deadline for the Mayor for the Day essay entries was December 8. Mayor Newton thanked everyone for attending the Christmas Tree Lighting and festivities at City Hall on December 1 and thanked Mary Rodne and her staff, as well as all employees who assisted with the event. Mayor Newton also thanked Executive Secretary Joyceinne Williams for decorating Council Chambers. Mayor Pro Tem Lindamood recognized the City’s refuse and recycling vendor CWD, for collecting six tons of leaves. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 5 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17- 4206 4a Approval of the minutes of the regular City Council meeting of November 21, 2017 Mayor Newton read Resolution R-17-4206 in its entirety. Mayor Newton stated he distributed corrected minutes to the City Council which contains a record of the concerns of neighbors and the City Council regarding Resolution R-17-4171 - Consideration of a minor plat for the Stowe Addition, on property legally described as Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case PC17-005. Councilmember Taylor asked Mayor Newton if the minutes corrections where taken from the audio record. Mayor Newton concurred. Mayor Newton opened the public hearing at 7:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:38 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4206, with the corrections presented by Mayor Newton and reviewed by City Council. Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2034 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority, and adding clarifying language related to fire hydrant meters Mayor Newton read the caption of Ordinance O-17-2034. Chief Financial Officer Shereen Gendy presented this item and updated the City Council noting the deposit for a water meter was increased from $750 to $1,150 to cover the cost of a meter not being returned and having to be replaced. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 6 Mayor Newton stated at the last meeting he questioned the rate charge for water at a fire hydrant and has since researched and found the water meter size ratio compared to the fire hydrant rate is correct and being billed appropriately. Councilmember Wheat stated all fees are itemized on the utility bill. City Council concurred. Councilmember Dodson noted the sewer calculation is determined by averaging the December, January, and February water usage. Mayor Newton opened the public hearing at 7:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:46 p.m. Councilmember Dodson made a motion to approve Ordinance O-17-2034, Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4207 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors Mayor Newton read Resolution R-17-4206 in its entirety. Mayor Newton reviewed the methodology and election process of a Tarrant Appraisal District (TAD) Board Member. Mayor Newton stated the City Council had exercised their rights and nominated June Shrewsbury as a candidate to the TAD Board of Directors and he had, by correspondence, reached out to all voting entities asking for their support of Ms. Shrewsbury. Mayor Newton stated there was a recent editorial in the Fort Worth Star-Telegram which outlined the difficulties TAD has faced over the last five years. Mayor Newton stated Daniel J. Bennett who is a candidate for a place on the TAD Board had given a presentation to the City Council and he was a man on a mission to educate the public regarding TAD. Mayor Newton has researched the procedures City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 7 for electing a TAD board member and is aware Ms. Shrewsberry cannot win, he therefore asked City Council to consider casting their vote for Daniel J. Bennet. There was general discussion regarding the Tarrant County votes and TAD’s responsibilities. Councilmember Taylor stated we are blessed to live in Colleyville and the taxing formula is rate multiplied by value equals the levy, and we cannot live in a high end city without paying our taxes. City Council concurred. Mayor Newton opened the public hearing at 7:58 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:58 p.m. Mayor Newton made a motion to approve Resolution R-17-4207, casting all 21 votes for Daniel J. Bennett. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6b Resolution R-17-4208 A resolution establishing a Colleyville Community Garden Advisory Committee and appointing members Mayor Newton read Resolution R-17-4208 in its entirety. Mayor Newton stated the Colleyville Community Garden (CCG) has provided input to the City Council at three worksessions and this resolution allows the City Council to create a Colleyville Community Garden Advisory Committee and appoint members. Mayor Newton stated this committee will be responsible for the establishment and work of creating and maintaining a community garden, and making recommendations to the City Council. Mayor Pro Tem Lindamood stated he believes the community garden will be a good additional to the community and the park. Councilmember Coplen noted two of the appointees live at the same address and one appointee lives outside the City. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 8 Ms. Natalie Genco, 1104 John McCain, CCG, confirmed Christina Stojakovich does not live within the City. Following discussion regarding appointment to a City board, commission, or committee, Mayor Newton stated the resolution can be amended, removing Ms. Stojakovich, and leaving an appointee vacancy until the City Council can appointment a member, as board, commission, and committee members must live in the City. Councilmember Coplen stated she cannot support this resolution because a community garden is not a function of government. Councilmember Nakamura stated she was not for a community garden in the beginning, but she has changed her mind and believes it will be great for the City. Councilmember Taylor asked Ms. Genco how many churches had been approached for a community garden. Ms. Genco responded none, because McPherson Park had all the amenities needed, parking, picnic areas, a tool shed, covered pavilions, and a fire station with personnel there 24 hours per day. Ms. Genco stated she did not feel any local church could offer all the amenities and a church would require a rental agreement for use of the land. Councilmember Taylor noted Mayor Newton and Ms. Genco referred regularly to the North Richland Hills community garden and pointed out the garden is not on public land. He asked Ms. Genco is she was aware of a reason the Garden Club did not offer to participate in the project. Ms. Genco replied she believed it was due to the number of projects the Garden Club already had. Mayor Pro Tem Lindamood stated he likes there is no club membership required for the community garden. Councilmember Wheat stated it is important to note the City is not spending a lot of money on the project, the CCG is creating the garden and is self-funding. There was discussion on the cost to the City. Parks Manager Heather Dowell stated the City will install the irrigation at an estimated cost of $6,500 and pay for water at an estimated cost of $1,500 annually. Councilmember Nakamura noted it is good the garden will be on the City’s property because if it falters, the City can take it back with a minimal loss. Councilmember Coplen stated she was involved in the GCISD community garden for four decades and what she learned is when the promoter goes away, so does the garden, therefore she is concerned regarding the community garden structure and is afraid the garden will go by the wayside. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 9 Councilmember Taylor stated he has several concerns, there had been a community garden public survey which did not receive a good response, only 16 people out of 20,000 responded favorably to support a community garden, he does not like having City employees - sworn personnel, listed as expected participants and guardians of a community garden because that is not their duty, the Colleyville Garden Club has not taken the project up, CCG board turnover, the original bylaws of the organization, the availability of organics, and he feels a community garden is not a function of government. Councilman Taylor stated you are now at a point, where you will make sure its successful as long as you are here, no matter what it costs, because you don’t want to see it fail, and that means you are overstepping your bounds as a government, with our tax dollars, for something that can’t sustain itself, and that’s what is wrong with it Mayor. So, I just want to be clear on that. These were aired in this discussion, and we did not overlook it, but I will not be supporting it. Mayor Newton responded to Councilmember Taylor’s comments stating you made a statement at the end I would make sure it was successful not matter what it costs. This is one reason I have been so careful when speaking about this in worksessions and privately about the issue, to state this will stand on its own merit. I’ve seen the people who have spoken to us are very passionate about this and I think they deserve an opportunity to demonstrate they can do this and make it successful. You will not see me as Mayor, forcing this to be successful; you will see me as Mayor, assessing what is done and if it is being done with quality; and if it’s not, it will be terminated. I’ve said that repeatedly. Councilmember Nakamura asked Councilmember Taylor if 20,000 people had voted on a community garden. Councilmember Taylor stated this was from a survey, like the other survey’s the City conducts and the support was very low. Mayor Newton opened the public hearing at 8:19 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:19 p.m. Mayor Newton made a motion to approve Resolution R-17-4208, removing the appointment of Christina Stojakovich and leaving the membership open until a later date. Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson. Nay: 2 – Councilmembers Nancy Coplen and Mike Taylor City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 10 6c Resolution R-17-4209 A resolution appointing City Councilmembers to the Audit Committee Mayor Newton read Resolution R-17-4209 in its entirety. Mayor Newton thanked the Audit Committee for their work and thanked Councilmembers for their willingness to serve the Audit Committee. Mayor Newton opened the public hearing at 8:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:51 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4209, appointing Councilmembers George Dodson and Kathy Wheat to the Audit Committee with a term to September 2018. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6d Resolution R-17-4210 Approval of a resolution to replace Resolution R-16-4023 adopting the City Council Rules of Procedure Mayor Newton read Resolution R-17-4210 in its entirety. Mayor Newton stated the City Council conducted a productive visioning workshop in September and approved the strategies outlined in the report at the November 21, 2017 Worksession. This resolution allows for the requirement of newly seated Councilmembers to participate in a visioning workshop and attend training to be incorporated in the City Council’s Rules of Procedure. Councilmember Taylor stated his intention when suggesting the requirements of a visioning worksession and training was not just for newly seated Councilmembers, it was for the entire City Council to participate in a visioning session. There was discussion regarding visioning, timing of educational opportunities, number of meetings conducted by the City Council, and timelines. Mayor Newton opened the public hearing at 9:06 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:06 p.m. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 11 Mayor Newton made a motion to approve Resolution R-17-4210 with the following amendment Section 1.2: Within 90 days of being elected, City Council members shall participate in a visioning/objective worksession when called by the Mayor. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 N. Timberlane, thanked the City Council and staff for the lovely Christmas tree lighting and choirs and suggested some decorating needs to be done at MarketStreet. She stated the farmer’s market sounds nice and she is excited, but suggested big signage to get the word out. Mrs. Hadley discussed the opossums across from Bransford Elementary asked City Council to be lenient regarding fence maintenance. Mrs. Handley concluded her remarks by thanking City Council and staff for truly believing in God. 8. REPORTS Colleyville Tree Board Minutes - January 5, 2015 Zoning Board of Adjustment Minutes - September 12, 2017 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 5, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4211 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:02 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. City Council Minutes - DRAFT December 5, 2017 City of Colleyville Page 12 Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council and Parks and Recreation Advisory Board Joint Worksession Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Wednesday, December 6, 2017 5:00 p.m. Executive Conference Room Third Floor – City Hall Mayor Richard Newton called the joint City Council and Parks and Recreation Advisory Board to order at 5:00 p.m. Round table self-introductions and roll call: Present: Mayor Nancy Coplen, Richard Newton, Mayor Pro Tem Bobby Lindamood, Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor. Parks and Recreation Advisory Board Vice Chair Mitali Mandlekar, board members Natalie Genco, Rich Hendler, Cliff LeBlanc, John Hillebrand, Ajit Purandare, and Jim Hasenpflug. Also Present: City Manager Jerry Ducay, Assistant City Managers Adrienne Lothery and Mark Wood, Parks Manager Heather Dowell, Recreation Manager Lisa Esobedo, Community Development Director Ben Bryner, Principal Planner Felix Landry, and City Secretary Christine Loven. 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion of the Park, Recreation and Open Space Master Plan Parks Manager Heather Dowell introduced representatives of Brandstetter Carroll, Inc., the City’s Parks, Recreation, and Open Space Master Plan consultant: Larry Brandstetter, Principal; Patrick Hoagland, Principal in Charge; and Elizabeth Holser, project manager. Mr. Hoagland provided a presentation which highlighted the work and results to date. Mr. Hoagland provided a summary of the public engagement, open house, and stakeholder group meetings, and the mailed and web available survey results. The presentation also covered a park and facility service areas and benchmarking summary. Councilmember Taylor asked how many citizens responded to the survey and how we tracked if those completed on line were duplicates. Mr. Hoagland responded 1,500 surveys were mailed and they were hoping to receive 300 – there were 534 responders to the mailed survey; and 1,410 responded to the web survey. City Council and Parks and Recreation Advisory Board Joint Worksession Minutes - Draft December 6, 2017 City of Colleyville Page 2 There was general discussion regarding dog parks, trails and sidewalks, tree surveys, the City’s thoroughfare plan and master plan, and the availability of grants. Mr. Hoagland then led the group in a Vision-Mission–Core Beliefs exercise, whereby everyone could participate regarding their vision for the City’s parks. This information will be incorporated into a report which will be included in the final recommendations. Mr. Hoagland outlined the remaining steps in completing the Parks, Recreation and Open Space Master Plan: Establish a Vision, Mission, Core Values, Goals and Objectives Statement Finalize Individual Park Recommendations Identify Capital Costs Complete Action Plan Complete Draft Report Public Presentation Council Presentation Mayor Newton thanked everyone with Brandstetter Carroll for their work and said he was pleased with the process this far. 3. ADJOURNMENT There being no further business before the City Council and Parks and Recreation Advisory Board, Mayor Newton adjourned the Worksession at 6:46 p.m. APPROVED BY A CITY COUNCIL VOTE OF __ AYES, __ NAYS, AND __ ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council and Planning and Zoning Commission Joint Worksession Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Wednesday, December 6, 2017 7:30 p.m. Executive Conference Room Third Floor – City Hall Mayor Richard Newton called the joint City Council and Planning and Zoning Commission to order at 7:30 p.m. Round table self-introductions and roll call: Present: Mayor Nancy Coplen, Richard Newton, Mayor Pro Tem Bobby Lindamood, Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor. Planning and Zoning Commission Chair Susan Mathisen, and Commissioners Veronica Baughman, Charles Kelley, Claudia Bevill, and Jason Elms Also Present: City Manager Jerry Ducay, Assistant City Managers Adrienne Lothery and Mark Wood, Community Development Director Ben Bryner, Principal Planner Felix Landry, and City Secretary Christine Loven. 2. DISCUSSION 2a Discussion of the role and processes of the Planning and Zoning Commission and the City Council Mayor Newton thanked everyone for their attendance and stated this is the first time to meet jointly and he wanted to do this to open dialog and outline the responsibilities of both the Council and Commission going forward. Mayor Newton distributed an outline of three examples which have recently gone before the Commission and the Council. There was general discussion of the vision for the City’s economic development, the processes for approving zoning and development, and the role of the Commission, Council, and City staff. City Council, Commissioners, and staff reviewed the processes and case development for Lidl, the Wedding/Event Center, and Shelton Drive. City Council, Planning and Zoning Commissioners, and staff agreed the Planning and Zoning Commission will begin meeting twice a month to conduct worksessions of upcoming projects. The worksessions will allow an opportunity to receive developer, City Council, and staff input, on cases, prior to going to a public hearing phase. City Council and Planning and Zoning Commission Joint Worksession Minutes - Draft December 6, 2017 City of Colleyville Page 2 Mayor Newton thanked everyone for their time and good dialog. 3. ADJOURNMENT There being no further business before the City Council and Planning and Zoning Commission, Mayor Newton adjourned the Worksession at 8:44 p.m. APPROVED BY A CITY COUNCIL VOTE OF __ AYES, __ NAYS, AND __ ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 12/19/2017 Number Type Resolution Department Information Services Title Approval of an Interlocal Agreement between the City of Colleyville and the North Central Texas Council of Governments, and authorizing the city manager to execute the agreement Strategic Plan 1.4 Communicate thoroughly and strategically 2.3 Effectively leverage information technology 5.4 Actively seek public/private partnerships Explanation Reading and Public Hearing The purpose of this Interlocal Agreement between the City of Colleyville and the North Central Texas Council of Governments is to engage in a standard biennial cooperative amongst multiple cities in the North Texas region to have an engineering firm conduct a photographic flyover that provides cities and counties with up-to-date data for geographical analysis. This project was planned and authorized in January of 2016, for anticipated delivery in 2017. The average biennial cost is approximately $11,000, or $850 a square mile, however; in the current project, the City requested an added layer of data and sub data which increased the project by $9,620. The additions were budgeted for in the Fiscal Year 2017 budget, however, the project was not completed within the fiscal year, and the funding has been transferred to the strategic initiative fund for use in Fiscal Year 2018. Following is the fee associated with each layer and data set, followed by an explanation of each. Product Amount 2017 Orthophotography $ 1,300.00 2017 0.5m LiDAR $ 2,470.00 2017 2’ Contours $ 6,175.00 2017 Impervious Surface Layer $ 7,150.00 2017 2-D Planimetrics $ 3,022.50 2017 3-D Planimetrics $ .00 2017 Cooperative Project Total $20,117.50 City Council Agenda Briefing 4d City of Colleyville Page 2 1.Orthophotography gives the City the top down view with no vertical or horizontal distortion, but measurable analytics. 2.0.5m LiDAR data allows for sub data analytics. 3. 2’ contours provides the City with elevation metrics. 4.Impervious surface layer data is a sub layer to 0.5m LiDAR data and will provide the City with the ability to baseline the current impervious to pervious percentage within the City’s boundaries. 5.2-D Planimetrics allows roads, building footprints, rivers, and lakes to be analyzed. The project is a standard biennial project the City engages in to maintain updated quality geographical data for internal and external use for planning and engineering analytics. The next project is already being planned for a 2020 delivery date. Financial Impact Funding in the amount of $20,117.50 is available in the Fiscal Year 2018 Strategic Initiative Fund, line item 036. Recommendation Approve Attachments 1.City/NCTCOG Interlocal Agreement North Central Texas Council of Governments INTERLOCAL AGREEMENT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND CITY OF COLLEYVILLE WHEREAS, the North Central Texas Council of Governments (NCTCOG) is a voluntary association of, by and for local governments and has an interest in providing information to its members to support planning, engineering, public safety, and municipal management activities; and, WHEREAS, the City of Colleyville (Entity), wishes to have its map-based information system include the 2017 digital orthophotography and/or LiDAR and/or derivative data and has determined that the creation of this resource provides information for a multitude of uses throughout the Entity and thus serves a valid public purpose; and, WHEREAS, the Entity requires this information to accomplish this purpose and has determined that NCTCOG can provide this information; and, WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; and, WHEREAS, NCTCOG and Entity are local governments as that term is defined in Section 791.003(4) of the Texas Government Code; and, WHEREAS, Section 791.025 of the Texas Government Code authorizes local governments to agree with another local government to purchase goods and services; and, WHEREAS, a local government that purchases goods and services under Section 791.025 of the Texas Government Code satisfies the requirement of the local government to seek competitive bids for the purchase of goods and services; and, WHEREAS, NCTCOG and Entity, acting by and through their respective governing bodies, adopt the foregoing premises as findings of said governing bodies. NOW, THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and conditions regarding the creation of digital aerial photography. 9/22/2017 I. LICENSE AGREEMENT The personnel specified in Appendix A will serve as points of contact for their respective organizations. The following provisions are a license agreement between NCTCOG and the Entity with respect to data products that are identified in section II. NCTCOG is the owner of and has the right to grant a license to use the said data products free of all liens, claims, encumbrances, and other restrictions and without otherwise violating any rights of any third party, including any patent, copyright, trade secret, or other proprietary rights. The NCTCOG data product may be distributed to the Entity on CD-ROM, DVD, or portable hard drive. The Entity will need to install and operate the NCTCOG data product on properly configured and compatible computer equipment running third party system and application software supplied by the Entity. The Entity will also need to ensure that any required data not supplied by NCTCOG is in proper format and no other software or equipment having an adverse impact on the NCTCOG product is present. A. Licensed Operating Environment (1) Operating Equipment. In exchange for monetary consideration listed in section II, the Entity will be granted an exclusive operation license to install, store, load, execute, and display (collectively, “Use”) the NCTCOG data product on as many local area networks and/or end-user workstations as the Entity reasonably needs in support of its own operation (the “Licensed Operating Environment”). Any software components of the NCTCOG data product are provided in machine-readable executable format only. (2) Authorized Users. Unless otherwise agreed in writing, the NCTCOG data product will be used by Entity officials, officers, employees, and authorized contractors only (“Authorized Users”). A contractor shall be deemed authorized to Use the data products by the Entity or NCTCOG if such Use is incidental to a larger relationship between the contractor and the Entity, and is used for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with that relationship. The contractor must agree in writing to be bound by the provisions of this Agreement. B. Permitted Uses (1) Use of NCTCOG Products. The Entity’s Authorized Users may Use the NCTCOG data product in the Licensed Operating Environment for any use that furthers the Entity’s internal operations or in furtherance of the Entity’s mission. (2) Use of Generated Output or Other Data. Except as stated, the Entity will own all original works of authorship it may independently create. Digital output from the Entity’s Use of the NCTCOG Data Product may be resized as desired and printed on black and white, color printers, or map plotters. Such printed hardcopies may be distributed to the Entity’s officers, employees, citizens, contractors, or other persons in the regular course of business for their internal use or in connection with an actual transaction. Such printed output may be further copied, photographed, or reproduced digitally on the Internet. The Entity may charge a fee for such hardcopy printouts that exceed the actual direct cost of production. Without the prior written consent of NCTCOG, the Entity may not otherwise provide copied, digitized, reproduced, transmitted or disseminated, in whole or in part, any of the original digital data product in any form. 9/22/2017 II. OBLIGATIONS NCTCOG agrees to provide the Product(s) listed below for Entity’s use consistent with the terms herein. Upon delivery of the Product(s), NCTCOG shall invoice Entity in the amount(s) provided and Entity agrees to pay NCTCOG Coverage Area: City of Colleyville Square miles = 13 Product Amount 2017 Orthophotography $1,300.00 2017 0.5m LiDAR $2,470.00 2017 2’ Contours $6,175.00 2017 Impervious Surface Layer $7,150.00 2017 2-D Planimetrics $3,022.50 2017 3-D Planimetrics $ .00 2017 Cooperative Project Total $20,117.50 You have agreed to the payment terms listed below and have secured the total amount with purchase order (PO) number (Please enter a PO number if blank. If you have not yet secured a PO, please enter 9999). Invoice Date Fiscal Year or After Delivery Payment Years If a payment term has not been specified, please select FY 2017 or FY 2017-18 If your payment is spread across two fiscal years you will be invoiced 50% of the total amount each year. Upon receipt of the first invoice, the Entity had thirty (30) days to review the products and pay said invoice or the remaining amount owed to the North Central Texas Council of Governments (NCTCOG). III. TERMINATION The parties agree that the Entity may terminate this Agreement by providing thirty (30) days written notice to NCTCOG. Such notice shall be given to NCTCOG at the address set forth under its signature below. In the event of such termination, NCTCOG shall reimburse to the Entity pro- ratable portion of the contracted amount for services rendered. The Entity shall reimburse NCTCOG for staff time billed to the project up to termination at a rate of $95.00/hour. Reimbursed amount shall not exceed the total project amount in Section II. 9/22/2017 IV. MISCELLANEOUS Entirety of Agreement The terms and provisions of this Agreement constitute the entire agreement of the undersigned parties and in the event of a conflict between this Agreement and any attachment thereto, the terms of this Agreement shall prevail. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas and venue shall lie exclusively in Tarrant County, Texas. In performing its obligations hereunder, each party shall operate and perform in accordance with all applicable state and federal laws. Severability. In the event that one or more provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provision of this Agreement, which shall remain in force and effect. Assignment. No party to this Agreement may assign or otherwise transfer any of its interest in this Agreement without the express written consent of the other party. Immunity. It is expressly understood and agreed that in the execution of this Agreement, that the parties, either individually or jointly, do not waive, nor shall they be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of its powers or functions. Non-appropriation of Funds. Each party paying for the performance of governmental functions in this Agreement must make those payments from current revenues available to the paying party. In the event no funds or insufficient funds are appropriated by the Entity in any fiscal period for any payments due hereunder, Entity will notify NCTCOG of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the Entity of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. Force Majeure. The Entity and NCTCOG shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control. (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. Certification. The undersigned are properly authorized to execute this Agreement on behalf of the parties. and each party certifies to the other that any necessary resolutions extending such authority have been fully passed and are now in full force and effec 9/22/2017 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 9/18/2017 Mike Eastland Date Executive Director 616 Six Flags Drive, Suite 200 Arlington, Texas 76011 City of Colleyville Signature Date Name: Title: Street Address: City, State, Zip: APPROVED AS TO FORM: ______________________________ 9/22/2017 APPENDIX A NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS MAIN CONTACT ADDITIONAL CONTACT Name: Shelley Broyles Brian Lister Title: GIS Project Coordinator Senior Research Data Analyst Department Research and Information Services Research and Information Services Organization: NCTCOG NCTCOG Street Address: 616 Six Flags Drive, Suite 200 616 Six Flags Drive, Suite 200 City, State, Zip Arlington, Texas 76011 Arlington, Texas 76011 Phone/Fax: (817) 695-9156 (817) 640-4428 (817) 695-9153 (817) 640-4428 E-mail: sbroyles@nctcog.org blister@nctcog.org City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4e Agenda Date 12/19/2017 Number Resolution R-17-4213 Type Resolution Department City Secretary Title Approval of a license agreement with Four Seasons Markets to conduct a Colleyville Farmer's Market, and authorizing the city manager to execute the agreement Strategic Plan 1.1 Actively involve and engage stakeholders 5.2 Support a variety of community events, concerts and celebrations Explanation Reading and Public Hearing This agreement is to allow Four Seasons Markets to use the City-owned property immediately south of City Hall to hold a weekly farmer's market. The Special Events Ad Hoc Committee recently recommended to the City Council that the City begin a farmer's market to foster community and enhance economic development within the Village. Four Seasons Markets is the leading provider of farmer's markets throughout North Texas, including Flower Mound, Highland Village, Dallas, Richardson, and Irving. Four Seasons Markets has a network of over 400 local vendors selling items such as organic produce, meats, cheeses, eggs, honey, salsa, and jams, and non-food items to include candles, artwork, woodcrafts, and clothes. The Colleyville Farmer's Market is scheduled to begin in March 2018 and will be held every Saturday from 9 a.m. to 2 p.m. with 30 - 40 vendors each week. Staff will supplement the farmer's market with periodic events such as live music, children's activities, Library programs, and other events. Recommendation Approve Attachments 1.Four Seasons License Agreement PAGE 1 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT STATE OF TEXAS § § FOUR SEASONS MARKETS LICENSE AGREEMENT COUNTY OF TARRANT § This License Agreement (“Agreement”) is made by and between the City of Colleyville, Texas, a home rule municipal corporation (“City”) and Four Seasons Markets, a Texas Limited Liability Company (“Producer”), (each a “Party” or collectively the “Parties) acting by and through their authorized representatives. RECITALS: WHEREAS, the City desires to grant Producer non-exclusive license to operate the Colleyville Farmers Market (the “Market”) adjacent to 100 Main Street, Colleyville, Texas 76034 (“Market Location”), as further depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City further desires to engage Producer, as an independent contractor, to provide the services necessary for conducting, managing and operating the Market in accordance with the terms and conditions of this Agreement; and WHEREAS, the City, under its police power authority, desires to ensure that the Producer’s services comply with all applicable laws, regulations and do not disrupt the public use and enjoyment of the Market Location. NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.1 Term. The term of this Agreement shall be the period commencing on January 1, 2018 (“Effective Date”) and ending on December 31, 2018, unless sooner terminated as provided herein (“Initial Term”). Notwithstanding any other provision hereof, Producer or City may terminate this license Agreement without cause upon thirty (30) days prior written notice to other Party to be effective upon expiration of the then current Term. 1.2 Option to Renew. If no Event of Default on the part of Producer exists, Producer shall have the option to extend the term of this Agreement for up to three (3) additional periods of one (1) year (“Renewal Terms”) to begin on January 1 of each Renewal Term and end on December 31. Producer shall notify City in writing of its intention to extend the Term of this Agreement not less than thirty (30) days prior to the expiration of the Initial Term. The word “Term” as used herein shall collectively include the Initial Term and any Renewal Terms. 1.3 Default. The following occurrences shall be considered “Event(s) of Default”: DR A F T PAGE 2 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT (a) Producer shall fail to perform any other of its covenants or obligations hereunder and such default shall continue for a period of more than thirty (30) days after written notice thereof has been given to it; (b) Producer shall: (i) become insolvent or generally not pay its debts as such debts become due; (ii) admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors; or (iii) institute or have instituted against it any proceeding seeking (x) to adjudicate it as bankrupt or insolvent, (y) any liquidation, winding-up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or (z) the entry of an order for the appointment of a receiver, trustee or other similar official for it or for any substantial part of its assets, and in each such case such proceeding is not terminated, stayed or set aside within a period of sixty (60) days after it is instituted; or (c) City fails to perform any of its covenants or obligations hereunder and such default shall continue for a period of more than thirty (30) days after written notice thereof to City; If an Event of Default shall occur, the non-defaulting Party shall deliver written notice given to the defaulting Party and if such Event of Default is timely cured, the non-defaulting Party, without prejudice to any other right or remedy that may be available to the non-defaulting Party, whether under this Agreement, or otherwise, at law or in equity, may terminate this Agreement. Article II Grant of License; General Conditions 2.1 Grant of License. City hereby grants Producer a non-exclusive license to use the Market Location to operate a Farmers Market in accordance with the terms and conditions set forth in this Agreement. In rendering services under this Agreement, Producer shall conform to the highest professional standards of work and business ethics. 2.2 Scheduling of Market Events. City and Producer shall co-operate with each other in good faith to mutually agree on the scheduling of the Farmers Market during the Term of this Agreement. City will use reasonable efforts to accommodate Producer in scheduling the requested number of Market events to be held at the Market Location each year. It’s the Parties intent that the Market events during the Initial Term will be held each Saturday beginning March 24, 2018 through December 29, 2018 generally between the hours of 9:00 a.m. and 2:00 p.m. 2.3 Non-Exclusive Access to Market Location. Producer’s use of the Market Location shall not be exclusive and Producer’s access to the Market Location is strictly limited to the dates, times, locations and purposes approved herein or as otherwise agreed in writing by the City. The Parties agree that the City may, at its sole discretion, permit other persons to use the Market Location at any time, including during Producer’s use of the Market Location. The City will use reasonable effort to accommodate Producer’s written requests for access to the Market DR A F T PAGE 3 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT Location to the extent such request does not conflict with the City’s or another authorized person’s use of the Market Location. 2.4 Consideration and Costs. The mutual obligations and covenants of the Parties in this Agreement shall constitute full consideration for the non-exclusive license granted to Producer to use the Market Location for the Market events during the Term hereof. Except as otherwise agreed by the Parties in writing, any service, personnel or use of equipment provided by City in connection with the Market, for any reason, shall be charged at the then rates or fees established by City, and paid by Producer to City within thirty (30) days of receipt of invoice from the City. 2.5 Areas of Usage. Producer shall only be allowed access to the areas of the Market Location approved for Producer’s use by the City. Producer shall be responsible for ensuring that its use of the Market Location is wholly contained within the approved areas of access. 2.6 Contact Person. At the time of execution of this Agreement, Producer shall, in writing, provide the City the contact names and telephone numbers for a minimum of two (2) Producer representatives, at least one of which shall be on-site at all times during the hours of operation of the Market events with authority to act on behalf to Producer. 2.7 Noise and Special Effects. All sounds resulting from Producer at the Market Location shall at all times be in compliance with the State’s noise regulations (see §42.01, Tx. Penal Code) and the City’s noise regulations. Producer further agrees that will not be conducting any special effects that may cause disruptive amounts of light or noise during the Farmers Market. If any complaint is received, Producer shall work immediately and in good faith with the City, affected persons, and surrounding residents to develop and implement strategies to address the individual concerns. The City reserves the right to enforce all applicable rules, regulations, ordinances, and laws. 2.8 Impact on Other Traffic. In no event shall Producer close or block any streets or public rights-of-way, nor shall any of Producer’s equipment or vehicles be parked on a street or public right-of-way or impede the normal flow of vehicular or pedestrian traffic in any area other than the approved areas of the Market Location. The City reserves the right to immediately cease the activities at the Market Location in the event that the Market event impedes vehicular or pedestrian traffic in any area other than within the Market Location. 2.9 Conduct and Use of Vehicles. Producer understands that the privilege of using the Market Location shall be under the direction and control of City personnel and agrees to strictly comply with all City rules, directives and regulations written or otherwise including any personal direction from City personnel during any time Producer is at the Market Location. No vehicles of any kind will be allowed within the Market Location without prior approval of the City. All Producer vehicles including, cars, trucks, vans, golf carts, electric vehicles, and vehicle mounted equipment to be brought onto the Market Location shall require prior City approval (except designated public streets and parking areas). Producer acknowledges that it and its staff has read and understands the City’s rules, directives and regulations, and agrees to abide by them while at the Market Location. DR A F T PAGE 4 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT 2.10 Permission to Photograph Required. Producer shall be required to obtain written permission from any individual not affiliated with the Producer prior to taking the individual’s photograph. Producer shall not use, post, display or otherwise publish for any purpose any individual’s photograph without express written permission from the individual. 2.11 Parking. City within its discretion may provide Producer parking spaces in a defined area for use by Producer’s staff and designated vendors subject to City’s reasonable approval. If additional costs are incurred, such as maintenance or cleaning, due to the costs of providing such parking spaces, then such additional costs shall be the responsibility of Producer. 2.12 Other Conduct at Market Location. Producer understands that the privilege of using the Market Location shall be under the direction and control of City personnel and agrees to strictly comply with all City rules, directives and regulations written or otherwise including any personal direction from City personnel during any time Producer is at the Market Location. Producer acknowledges that it and its staff has read and understands the City’s rules, directives and regulations, and agrees to abide by them while at the Market Location. 2.13 Market Location Damage and Clean-up. (a) Producer shall be responsible for the condition of the Market Location at all times during its use of the Market Location. Accordingly, Producer agrees: (1) that it shall be solely responsible for any and all damage caused to the Market Location by Producer and/or its employees, agents, contractors, licensees, invitees, affiliates, vendors, and/or other third parties’ use of the Market Location; (2) that it shall incur and be solely responsible for all costs associated with restoring the Market Location to the same condition it was in at the time of Producers’ initial access to the Market Location following each use of the Market Location; and (3) that it will clean-up and/or restore any trash, litter, debris, or damage to the Market Location immediately following each use of the Market Location. (b) City shall prepare a written invoice and collect payment from Producer for any remaining cleaning, restoration, repair and/or replacement of damaged property at the Market Location that resulted from Producer’s use of the Market Location. Payment shall be made to City within thirty (30) days of Producer’s receipt of a written invoice evidencing the cleaning, restoration, repair and/or replacement of damaged property incurred as a result of Producer’s use of the Market Location. 2.14 Compliance with Laws. Producer and its agents, contractors, vendors, affiliates, licensees, and/or invitees shall at all times adhere to the policies, rules and regulations of the Market Location, as well as all City codes, policies, rules and regulations applicable to Producer’s DR A F T PAGE 5 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT use of the Market Location. Producer shall comply with all other applicable laws, state and federal, having jurisdiction over the scope of Producer’s use of the Market Location. 2.15 Removal from Market Location. City may cause Producer and its agents, contractors, vendors, affiliates, Producers, or invitees to be removed from the Market Location at the City’s sole discretion at any time upon Producer’s failure to comply with the terms of this Agreement. 2.16 Hazardous Materials. Producer agrees that it will not use, handle, generate, treat, store or dispose of, or permit the use, handling, generation, treatment, storage or disposal of any hazardous materials in, on, under, around or above the Premises now or at any future time (except in quantities permitted by applicable laws). 2.17 Cancellation Due to Inclement Weather. In the event of inclement weather such as rain, high winds, snow, ice or any other adverse weather event, Producer may cancel a Market event. Producer shall notify the City immediately following the decision to cancel, at which point the City will make all reasonable efforts to notify the community through its communication resources. If a Market event is cancelled, Producer shall be responsible for notifying its vendors, contractors, agents and volunteers regarding the cancellation and shall be responsible for all disputes with its vendors, contractors and agents regarding fees collected for the event. 2.18 No Other Rights Granted. Producer shall have no other rights relative to its use of the Market Location other than those rights expressly granted under this Agreement. Article III Obligations of the Parties 3.1 Obligations of Producer. (a) Ensure all vendor operations at the Market Location are in full compliance with all applicable local, state, and federal laws and regulations. (b) At its sole cost, operate and oversee the Farmers Market events at the Market Location, including, without limitation, hiring and managing vendors, contractors and/or other personnel needed for the events. Producer will generally be responsible for paying all bills associated with the events, promoting the events to the public, and otherwise manage the planning and logistical aspects of each event. (c) Abide by all reasonable requirements of the City. (d) Develop an event site plan for the Market Location in conjunction with City staff and strictly adhere to the approved site plan. The site plan shall constitute a material part of this Agreement upon written approval of both Parties. The site plan may be modified from time to time by mutual agreement of the Parties. DR A F T PAGE 6 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT (e) Protect the Farmers Market atmosphere by ensuring all vendors comply with all market rules adopted by Producer and/or City for each event. (f) Be solely responsible for ensuring that all food vendors and/or concessionaires at the Market Location are from a licensed facility or meet the definition of a “cottage food production operation” as defined by Texas law. Producer shall ensure that all food vendors subject to guidelines and/or regulations of the local health authorities abide by and comply with all applicable regulations, including health and code inspections that may be required at the Market Location. (g) Provide three (3) booths for use by the City and/or authorized non-profit groups designated by the City at no cost to the City. (h) Ensure all vendors keep and maintain Sales Tax Permits; except food items that do not require tax permits. (i) Producer shall post appropriate signage approved by the City at the portion of the Farmers Market where the market is taking place during the hours of operation. 3.2 Obligations of the City. (a) Provide reasonable access to the Market Location for the Farmers Market events, including associated streets and necessary parking areas. (b) Allow Producer to apply for a health permit to cover the entirety of the Term of this Agreement; and allow all vendors to operate under said permit to the extent permitted by law. (c) Allow use of City-owned trash cans and City-owned traffic barricades at no cost to the Producer, exact number and placement of said items to be determined by the Producer and the City. Article IV Insurance 4.1 Producer Insurance Requirement. Producer shall during the term hereof maintain in full force and effect, and shall cause its sub-contractors to obtain and maintain at their expense, the following policies of insurance and coverage: (a) Commercial General Liability Policy covering bodily injury, death and property damage including the property of the City, its officers, contractors agents and employees (collectively referred to as the “City Indemnitees”) insuring against all claims, demands or actions relating to the work and services provided pursuant to this Agreement with minimum limits on a per project basis of not less than One Million Dollars ($1,000,000) combined single limit and Two Million Dollars ($2,000,000) aggregate including products and completed operations coverage and Personal and Advertising Injury with a minimum per occurrence limit of One Million Dollars DR A F T PAGE 7 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT ($1,000,000). This policy shall be primary to any policy or policies carried by or available to the City. (b) Workers' Compensation/Employer's Liability Insurance Policy in full accordance with the statutory requirements of the State of Texas and shall include bodily injury, occupational illness or disease coverage with minimum Employer’s Liability limits of not less than $500,000/$500,000/$500,000. (c) Automobile Liability Insurance Policy covering all operations of the Producer pursuant to this Agreement involving the use of motor vehicles, including all owned, non owned and hired vehicles with minimum limits of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury, death and property damage liability. (d) Waiver of Subrogation Rights. The Commercial General Liability, Worker’s Compensation, Business Auto and Excess Liability insurance required pursuant to this Agreement shall provide for waivers of all rights of subrogation against the City Indemnitees. (e) Additional Insured Status. With the exception of Worker’s Compensation Insurance, all insurance required pursuant to this Agreement shall include and name the City Indemnitees as additional insureds using Additional Insured Endorsements that provide the most comprehensive coverage to the City Indemnitees under Texas law including products/completed operations. (f) Certificates of Insurance. Certificates of Insurance and policy endorsements in a form satisfactory to City shall be delivered to City prior to the commencement of services under this Agreement and annually for a minimum of four (4) years following termination of this Agreement, abandonment or completion of work. All required policies shall be endorsed to provide the City with 30 days advance notice of cancellation or material change in coverage. (g) On every date of renewal of the required insurance policies, the Producer shall cause a Certificate of Insurance and policy endorsements to be issued evidencing the required insurance herein and delivered to the City. In addition the Producer shall within ten (10) business days after written request provide the City with Certificates of Insurance and policy endorsements for the insurance required herein (which request may include copies of such policies). The failure to provide valid Certificates of Insurance and policy endorsements shall be deemed a default and/or breach of this Agreement. (h) Carriers. All policies of insurance required to be obtained by the Producer and its sub-contractors pursuant to this Agreement shall be maintained with insurance carriers that are satisfactory to City and lawfully authorized to issue insurance in the state of Texas for the types and amounts of insurance required herein. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. All policies must be written on a primary basis, non-contributory with any other insurance coverage and/or self-insurance maintained by the City. DR A F T PAGE 8 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT Article V Indemnification TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED BY BELOW, PRODUCER HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE CITY INDEMNITEES) FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF A PERSON OR PROPERTY DAMAGE, INCLUDING THE LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE PRODUCER AND IT’S SUB- CONTRACTOR’S PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF THE PRODUCER UNDER THIS AGREEMENT, OR DUE TO THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY PRODUCER, IT’S SUB-CONTRACTORS, OR ANY OF THEIR AGENTS AND EMPLOYEES, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY INTENTIONAL OR NEGLIGENT ACT OR OMISSION OF THE PRODUCER, IT’S SUB-CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE PRODUCER, IT’S SUB-CONTRACTORS OR ANYONE FOR WHOSE ACTS THE PRODUCER OR SUB-CONTRACTOR MAY BE LIABLE. INDEMNIFICATION FOR EMPLOYEE INJURY CLAIMS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, PRODUCER HEREBY INDEMNIFIES AND HOLDS HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY TO, OR SICKNESS, DISEASE OR DEATH OF, ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF PRODUCER OR IT’S SUB-CONTRACTORS, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY INDEMNITEE, IT BEING THE EXPRESSED INTENT OF THE PRODUCER AND THE CITY THAT IN SUCH EVENT THE PRODUCER IS TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY INDEMNITEES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, WHETHER IT IS OR IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE BODILY INJURY, SICKNESS, DISEASE OR DEATH OF PRODUCER’S EMPLOYEE OR THE EMPLOYEE OF ANY OF IT’S SUB- CONTRACTORS. WITH REGARD TO CLAIMS AGAINST ANY PARTY SEEKING INDEMNITY UNDER THIS AGREEMENT WHICH ARE MADE BY AN EMPLOYEE OF THE PRODUCER, IT’S SUB-CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE PRODUCER, IT’S SUB-CONTRACTOR OR ANYONE FOR WHOSE ACTS THE PRODUCER OR SUB-PRODUCER MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT SHALL NOT BE LIMITED BY ANY LIMITATION ON AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE PRODUCER, IT’S SUBCONTRACTOR OR ANY OTHER EMPLOYER UNDER DR A F T PAGE 9 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT WORKERS COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER SIMILAR EMPLOYEE BENEFIT ACTS. PRODUCER SHALL PROCURE LIABILITY INSURANCE COVERING PRODUCER’S OBLIGATIONS UNDER THIS SECTION. IN ADDITION TO THE INDEMNIFICATION PROVIDED ABOVE, EACH MEMBER OF THE PRODUCER HEREBY INDEMNIFIES, AND HOLDS HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, OR EXPENSE AND ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO ANY CLAIM AGAINST THE CITY INDEMNITEES ASSERTING INFRINGEMENT OR ALLEGED INFRINGEMENT OF A PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT IN CONNECTION WITH THE USE OR DISTRIBUTION OF ANY AUDIO, VIDEO AND/OR WRITTEN MATERIAL CREATED FROM THE PRODUCTION ACTIVITIES PERFORMED BY OR THROUGH THE PRODUCER, IT’S SUBCONTRACTORS OR IT’S CONSULTANTS, EXCEPT TO THE EXTENT THE INFRINGEMENT IS CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE CITY INDEMNITEES. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT OR THE ADDITIONAL INSURED REQUIREMENTS UNDER THE INSURANCE REQUIRED BY THIS AGREEMENT, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE CONTRACTUAL OBLIGATIONS AND SHALL OPERATE TO AMEND THE OBLIGATIONS TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE OBLIGATIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. SHOULD ANY PROVISION OR ANY PART OF ANY PROVISION OF THIS AGREEMENT BE HELD INVALID, UNENFORCEABLE OR CONTRARY TO PUBLIC POLICY, LAW, STATUTE OR ORDINANCE, THEN THE REMAINDER OF THE PROVISION, PARAGRAPH, THIS SECTION AND/ OR THIS AGREEMENT SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE. Article VI Miscellaneous 6.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter. 6.2 Assignment. Producer may not (i) assign any of its rights, (ii) delegate any of its obligations, or (iii) grant any license or sublicense of this License Agreement, in whole or in part without the prior written consent of City, which may be withheld in its sole and absolute discretion and for any or no reason. DR A F T PAGE 10 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT 6.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6.4 Compliance with Applicable Laws. Producer shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Producer’s acts and/or omissions in performing this License Agreement. 6.5 Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 6.6 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 6.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.8 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 6.9 Recitals and Exhibits. The recitals and exhibits to this Agreement are incorporated herein for all purposes. 6.10 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, addressed to the Party at the address set forth below (or such other address as such Party may subsequently designate in writing), or on the day actually received if sent by overnight delivery, courier or otherwise hand delivered. If intended for City, to: Attn: Jerry Ducay City Manager City of Colleyville, Texas 100 Main Street Colleyville, Texas 76034 With a copy to: Whitt L. Wyatt Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 DR A F T PAGE 11 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT If intended for Producer, to: 6.11 Audit Rights. The City shall have the right to audit any of the records of the Producer in respect to any revenues, expenses, fees or payments hereunder. Producer shall make available to the City or its representative such information as City may reasonably require for the purposes thereof. The cost of the audit shall be borne by the City, unless the audit discloses that the amount in question owed to the City was understated by more than five percent (5%), in which event, the Producer shall pay the reasonable cost of the audit. 6.12 No Other Rights Granted. Producer shall have no other rights relative to its use of the Market Location other than those rights expressly granted under this License. 6.13 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. (signature page to follow) DR A F T PAGE 12 CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT EXECUTED on this ____ day of _______________, 2017. CITY OF COLLEYVILLE, TEXAS By: __________________________________________ Jerry Ducay, City Manager APPROVED AS TO FORM: __________________________________ Whitt L. Wyatt, City Attorney (WLW:12/12/17v2:93963) EXECUTED on this ____ day of _______________, 2017. PRODUCER By: __________________________________________ , DR A F T EXHIBIT A EXHIBIT A- CITY OF COLLEYVILLE AND FOUR SEASONS MARKETS LICENSE AGREEMENT EXHIBIT “A” Description of Market Location (to be attached) DR A F T City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Date 12/19/2017 Agenda Number 6a Type Presentation and Discussion Department Public Works Title Texas Department of Transportation (TxDOT) update on State Highway 26 (SH26) Explanation A Texas Department of Transportation (TxDOT) representative will provide an update to City Council regarding State Highway 26 (SH26). Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 12/19/2017 Number 7 Type Report Department Finance Title Monthly Financial Report - November 2017 Strategic Plan 1.3 Assure convenient access to public information 1.4 Communicate thoroughly and strategically 2.4 Demonstrate stewardship of public resources Explanation General Fund As of November 31, 2017, the General fund collected $1,863,653 in revenues and incurred $2,931,213 in expenditures. Ad Valorem taxes, franchise fees and sales taxes account for more than 85% of the General fund’s budgeted revenues. Ad Valorem Taxes: The City collected $1,082,224 out of the $14,322,575 budgeted for ad valorem taxes, including penalty and interest. The reported revenue is 1.39% below the revenue reported for the same period last year. Franchise Fees Revenue: The City collected $163,670 out of the $2,070,000 budgeted for franchise fees. The reported revenue is 4.87% below the revenue reported for the same period last year. Sales Tax Revenue: The City collected $28,897 out of the $3,800,000 budgeted sales tax revenue. The reported revenue is 4.11% above the revenue reported for the same period last year. The reported amount represents the Mixed Beverage Taxes received in October. The City receives the sales taxes earned in October in December. Utility Fund As of November 31, 2017, the utility fund collected $2,788,216 in revenues and incurred $2,034,903 in expenditures. Water and wastewater sales account for more than 98% of the utility fund’s budgeted revenues. City Council Agenda Briefing City of Colleyville Page 2 Water Sales: The City collected $2,060,679 out of the $11,195,957 budgeted for water sales. The reported revenue is 2.28% below the revenue reported for the same period last year. Wastewater Sales: The City collected $646,332 out of the $4,024,060 budgeted for wastewater sales. The reported revenue is 2.05% above the revenue reported for the same period last year. Debt Service Fund As of November 31, 2017, the Debt Service fund collected $61,099 out of the budgeted revenues and transfers from other funds of $1,854,412 and expended $165,324 out of the budgeted $1,979,412 in expenditures. Drainage Fees Fund As of November 31, 2017, the Drainage Fees fund spent $77,366 out of its $1,481,362 expense budget and received $165,135 in revenues which is 17.17% above the budgeted revenue of $961,880. Attachments 1.Presentation 2.November 2017 Monthly Financial Report November Monthly Financial Report City Council Meeting December 19, 2017 Agenda Item - Reports General Fund General Fund Snapshot General Fund Revenues General Fund Expenditures Utility Fund Utility Fund Snapshot Utility Fund Revenues Utility Fund Expenses Debt Service Fund Debt Service Fund Drainage Fee Fund Drainage Fee Fund GENERAL FUND ACTIVITY FY 2018 YTD PERCENT FY 2018 AS OF OF BUDGET SUMMARY BUDGET 11/30/2017 USED Revenues 23,934,566 1,863,653 7.79% Expenditures 23,694,811 $2,931,213 12.37% Revenues over expenditures $239,755 ($1,067,560) GENERAL FUND RECEIVED AVERAGE ACTUAL RECEIVED FY 2018 YTD PERCENT YTD BALANCE FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER REVENUE SOURCE BUDGET 11/30/2017 RECEIVED YEAR END BAL 11/30/2016 PRIOR YEAR Current Taxes 14,242,575 1,062,591 7.46% 7.34% 1,094,821 -2.94% Delinquent Taxes 25,000 16,918 67.67% 15.59% - 0.00% Penalty & Interest 55,000 2,715 4.94% 4.50% 2,631 3.20% TOTAL AD VALOREM TAXES 14,322,575 1,082,224 7.56% 7.37% 1,097,452 -1.39% Oncor Electric 885,000 - 0.00% 0.00% - 0.00% Tri-County Electric 100,000 - 0.00% 0.00% - 0.00% Atmos Gas 325,000 - 0.00% 0.00% - 0.00% AT&T 60,000 14,647 24.41% 25.57% 15,670 -6.53% Verizon/Others 65,000 18,629 28.66% 28.05% 18,984 -1.87% Refuse/Recycling 160,000 15,639 9.77% 11.32% 15,198 2.90% Cable TV 475,000 114,755 24.16% 23.67% 122,196 -6.09% TOTAL FRANCHISE TAXES 2,070,000 163,670 7.91% 8.01% 172,048 -4.87% Sales Tax 3,700,000 - 0.00% 0.00% - 0.00% Mixed Beverage Tax 100,000 28,897 28.90% 26.48% 27,755 4.11% TOTAL SALES TAXES 3,800,000 28,897 0.76% 0.77% 27,755 4.11% Building 625,000 168,454 26.95% 17.08% 120,657 39.61% Plumbing 72,000 12,713 17.66% 17.22% 10,432 21.87% Mechanical 48,000 8,883 18.51% 14.40% 7,600 16.89% Electrical 51,000 14,597 28.62% 13.83% 10,028 45.57% City License 26,000 6,400 24.62% 11.15% 7,400 -13.51% Building Plan Review Fee 88,000 18,842 21.41% 18.34% 18,780 0.33% New Business 7,400 1,300 17.57% 11.67% 1,500 -13.33% Sign Permit 8,000 650 8.13% 19.97% 1,885 -65.52% Fence Permit 15,000 1,875 12.50% 14.95% 4,250 -55.88% Fire Permits 8,000 1,710 21.38% 12.76% 1,240 37.90% Irrigation Permit 20,000 2,490 12.45% 17.51% 4,109 -39.40% TOTAL LICENSES & PERMITS 968,400 237,915 24.57% 16.29% 187,881 26.63% City of Colleyville General Fund Monthly Financial Report As of 11/30/2017 - End of 16.66% of the Fiscal Year 1 GENERAL FUND - CONTINUED RECEIVED AVERAGE ACTUAL RECEIVED FY 2018 YTD PERCENT YTD BALANCE FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER REVENUE SOURCE BUDGET 11/30/2017 RECEIVED YEAR END BAL 11/30/2016 PRIOR YEAR Court Fines 850,000 105,199 12.38% 13.71% 127,481 -17.48% Alarm Fees 53,000 3,755 7.08% 7.74% 2,981 25.96% Library Fines 17,460 3,065 17.56% 13.61% 2,730 12.28% TOTAL FINES 920,460 112,019 12.17% 13.14% 133,192 -15.90% Re-zoning 9,000 770 8.56% 10.83% 2,175 -64.60% Plat Fee/Site Plan/Landscaping Plan Fee 8,200 2,500 30.49% 14.66% 1,830 36.61% Board of Adjustment 2,000 525 26.25% 16.55% 175 200.00% Sale of Material 100 - 0.00% 13.89% 1 -100.00% Weed Mowing 7,000 - 0.00% 12.46% 8,175 -100.00% Ambulance 320,000 61,441 19.20% 16.61% 32,547 88.78% Recreation Program 193,500 37,134 19.19% 10.23% 23,617 57.23% Credit Card Fee Revenue - 2,219 0.00% 0.00% - 0.00% Non-Resident Fee Parks 40,000 19,520 48.80% 39.53% 21,760 -10.29% Field Use Charge 21,500 9,970 46.37% 54.66% 10,940 -8.87% Engineering & Inspection 20,000 - 0.00% 0.00% 11,303 -100.00% Material Testing 10,000 785 7.85% 0.00% 2,261 -65.27% Colleyville Center Rental 240,000 32,161 13.40% 13.23% 39,710 -19.01% Lot Drainage Insp Fee 15,000 4,875 32.50% 16.17% 4,000 21.88% Transfer from Utility Fund 196,920 - 0.00% 0.00% - 0.00% Transfer from TIF 210,377 - 0.00% 0.00% - 0.00% TOTAL CHARGES FOR SERVICE 1,293,597 171,900 13.29% 8.00% 158,494 8.46% SRO Officer Reimb 98,996 - 0.00% 0.00% - 0.00% Keller Court 260,538 - 0.00% 0.00% - 0.00% TOTAL INTERGOVERNMENTAL 359,534 - 0.00% 0.00% - 0.00% Sale of Surplus Property 5,000 36,523 730.46% 72.00% - 0.00% Interest Income 45,000 11,876 26.39% 8.99% 4,147 186.38% Miscellaneous 60,000 6,289 10.48% 34.41% 5,590 12.51% Antenna Lease 90,000 12,341 13.71% 10.24% 12,240 0.82% TOTAL MISCELLANEOUS 200,000 67,028 33.51% 29.67% 21,977 205.00% TOTAL GENERAL FUND REVENUES 23,934,566 1,863,653 7.79% 7.36% 1,798,799 3.61% TOTAL PERCENT FY 2018 THROUGH THROUGH INCREASE INCREASE BUDGET 11/30/2017 11/30/2016 (DECREASE) (DECREASE) RESIDENTIAL BLDG PERMITS 115 38 32 6 18.75% COMMERCIAL BLDG PERMITS 7 0 1 (1) 100.00% CITATIONS ISSUED 10,500 1,142 1,427 (285) -19.97% GENERAL FUND EXPENDITURES EXPENDED PERCENT PERCENT OF FY 2018 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 11/30/2017 EXPENDED COMPLETE REMAINING Personnel services 15,048,648 2,098,233 13.94% 16.67% 12,950,415 Contractual Services 5,341,951 772,195 14.46% 16.67% 4,569,756 Supplies 1,275,506 60,786 4.77% 16.67% 1,214,720 Capital Outlay 14,000 - 0.00% 16.67% 14,000 Transfer to other fund 2,014,706 - 0.00% 16.67% 2,014,706 TOTAL EXPENDITURES 23,694,811 2,931,213 33.16% 16.67% 20,763,598 2 UTILITY FUND ACTIVITY FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET SUMMARY BUDGET 11/30/2017 USED Revenues 15,540,017 2,788,216 17.94% Expenditures 15,526,542 2,034,903 13.11% Revenues over expenditures $13,475 753,313 UTILITY FUND AVERAGE ACTUAL RECEIVED PERCENT YTD BALANCE RECEIVED PERCENT FY 2018 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER REVENUE SOURCE BUDGET 11/30/2017 RECEIVED YEAR END BAL 11/30/2016 PRIOR YEAR Water Sales 11,195,957 2,060,679 18.41% 20.80% 2,108,668 -2.28% Sewer Sales 4,024,060 646,332 16.06% 16.34% 633,354 2.05% Sewer Installation 15,000 3,800 25.33% 15.48% 3,300 15.15% Water Installation 42,000 9,020 21.48% 14.74% 8,080 11.63% Engineering Charges 5,000 3,926 78.53% 20.41% - 0.00% Penalties 200,000 46,916 23.46% 25.45% 44,118 6.34% Sale of Material - - 0.00% 11.40% 517 -100.00% Miscellaneous 13,000 5,070 39.00% 16.53% 4,107 23.47% TOTAL OPERATING INCOME 15,495,017 2,775,744 17.91% 19.75% 2,802,143 -0.94% Sale of Surplus Property - 8,418 0.00% 100.00% - 0.00% Interest Income 45,000 4,054 9.01% 7.21% - 0.00% TOTAL NON-OPERATING INCOME 45,000 12,472 27.72% 36.00% - 0.00% TOTAL INCOME 15,540,017 2,788,216 17.94% 19.84% 2,802,143 -0.50% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 11/30/2017 11/30/2016 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 430,751,800 465,035,700 (34,283,900) -7.37% NUMBER OF WATER CUSTOMERS 10,021 9,861 160 1.62% UTILITY FUND EXPENSES EXPENDED PERCENT PERCENT OF FY 2018 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 11/30/2017 EXPENDED COMPLETE REMAINING Personel Services 1,983,307 260,204 13.12% 16.67% 1,723,103 Contractual services 12,717,635 1,759,632 13.84% 16.67% 10,958,003 Supplies 245,969 12,645 5.14% 16.67% 233,324 Debt Service 157,325 1,525 0.97% 16.67% 155,800 Capital Outlay 100,000 897 0.90% 16.67% 99,103 Transfers to other funds 322,306 - 0.00% 16.67% 322,306 TOTAL EXPENSES 15,526,542 2,034,903 13.11% 16.67% 13,491,639 Notes: Budgeted transfers of $322,306 as follows: $44,286 for an internal loan for vactor truck; $81,100 for Vehicle and Equipment Replacement Fund; $196,920 for 12.4% payment to General Fund for internal service personnel. As of 11/30/2017 - End of 16.66% of the Fiscal Year City of Colleyville Utility Fund Monthly Financial Report 3 DEBT SERVICE FUND ACTIVITY FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET SUMMARY BUDGET 11/30/2017 USED Revenues 1,854,412 61,099 3.29% Expenditures 1,979,412 165,324 8.35% Revenues over expenditures (125,000) (104,225) Budgeted use of fund balance 125,000 Revenues & use of fund balance over expenditures - (104,225) DEBT SERVICE FUND RECEIVED AVERAGE ACTUAL RECEIVED FY 2018 YTD PERCENT YTD BALANCE FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER REVENUE SOURCE BUDGET 11/30/2017 RECEIVED YEAR END BAL 11/30/2016 PRIOR YEAR Current taxes 683,367 59,969 8.78% 7.34% 58,573 2.38% Delinquent taxes 5,000 936 18.72% 15.59% - 0.00% Penalty & interest 5,000 156 3.13% 4.50% 168 -7.24% Interest Income 5,000 38 0.75% 6.00% 1,008 -96.28% TOTAL AD VALOREM TAX & INTEREST 698,367 61,099 8.75% 5.42% 59,750 2.26% Transfer from CCPD 501,845.00 - 0.00% 0.00% - 0.00% Transfer from TIF 654,200.00 - 0.00% 0.00% - 0.00% TOTAL TRANSFERS 1,156,045 - 0.00% 0.00% - 0.00% Use of Fund Balance 125,000 - 0.00% 0.00% - 0.00% Bond proceeds & Premium - 0.00% 0.00% - 0.00% TOTAL REVENUE 1,979,412 61,099 3.09% 5.42% 59,750 2.26% DEBT SERVICE FUND EXPENDED PERCENT PERCENT OF FY 2018 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 11/30/2017 EXPENDED COMPLETE REMAINING Bond & Interest Payments 1,639,088 - 0.00% 16.67% 1,639,088 Leases (Fire Engine & Ambulance) 340,324 165,324 48.58% 16.67% 175,000 TOTAL EXPENSES 1,979,412 165,324 8.35% 16.67% 1,814,088 City of Colleyville Debt Service Fund Monthly Financial Report As of 11/30/2017 - End of 16.66% of the Fiscal Year 4 DRAINAGE FEE FUND ACTIVITY FY 2017 YTD PERCENT FY 2017 AS OF OF BUDGET SUMMARY BUDGET 11/30/2017 USED Revenues 961,880 165,135 17.17% Expenditures 1,481,362 77,366 5.22% Revenues over expenditures (519,482) 87,770 DRAINAGE FEE FUND RECEIVED AVERAGE ACTUAL RECEIVED FY 2018 YTD PERCENT YTD BALANCE FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER REVENUE SOURCE BUDGET 11/30/2017 RECEIVED YEAR END BAL 11/30/2016 PRIOR YEAR Drainage Revenues 950,880 162,854 17.13% 16.55% 161,112 1.08% Other revenues (Interest, penalty,..) 11,000 2,281 20.74% 39.00% 3 70751.86% TOTAL REVENUES 961,880 165,135 17.17% 28.72% 161,116 2.49% DRAINAGE FEE FUND EXPENDED PERCENT PERCENT OF FY 2018 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 11/30/2017 EXPENDED COMPLETE REMAINING Personel Services 424,005 59,673 14.07% 16.67% 364,332 Contractual services 134,826 10,542 7.82% 16.67% 124,284 Supplies 47,957 4,403 9.18% 16.67% 43,554 Debt Service 124,574 2,747 2.21% 16.67% 121,827 Transfers to other funds 750,000 - 0.00% 16.67% 750,000 TOTAL EXPENSES 1,481,362 77,366 5.22% 16.67% 1,403,996 As of 11/30/2017 - End of 16.66% of the Fiscal Year City of Colleyville Drainage Fee Fund Monthly Financial Report 5 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7 Agenda Date 12/19/2017 Type Report Department Community Development Title Zoning Board of Adjustment Minutes - November 14, 2017 Attachments 1.Zoning Board of Adjustment Minutes - November 14, 2017 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 14, 2017 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on November 14, 2017 at 7:00 p.m. Roll Call Present: Board members Kimberly Holt, Dee Kamerman, Wayne Maynard, Dee McNosky, and Richard Vallario Absent: Raymond Allee and Michael Deakin Staff Present: Ben Bryner, Felix Landry, and Araceli Botello 1. APPROVAL OF MINUTES Board member Maynard made a motion to approve the September 12, 2017 minutes. Board member Kamerman seconded. The motion to approve carried by the following vote: Aye: 5 – Holt, Kamerman, Maynard, Vallario, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of Section 3.29-Parking Requirements of the Land Development Code, specifically a variance to the drive lane width of 24 feet on a portion of Lot 1R, Block 11, of the Longwood Estates at Ross Downs, located at 7121 (7171) Colleyville Boulevard, Case VC17-011 Felix Landry presented the case and briefed the Board. The public hearing was opened at 7:06 p.m. The applicant, Kyle Bennett, 1801 Gateway Boulevard, Richardson, came forward and briefed the board. He explained that a 2nd right-of- way acquisition was missed by those involved with the design of the plan and was not discovered until very recently. The proposal is to Zoning Board of Adjustment Minutes November 14, 2017 City of Colleyville Page 2 allow a narrow drive lane of 20 feet with an increase width for the parking spaces to 10 feet. The construction manager, Steve Sharver, 7500 Lomo Alto, Plano, came forward and briefed the board. He indicated that the parking has been installed and showed a video to demonstrate how the now current proposal will function properly. The owner, Bill Peavy, 1901 N. Akard, Dallas, came forward and briefed the board. He explained that this is the last building in the development and is asking for a favorable decision from the board. Board member Maynard questioned staff regarding the location of the curb-to-curb 20 foot requirement. The applicant responded that the curb to curb requirement begins at the gutter line to the edge of the parking line. Board member Kamerman questioned the applicant if the parking spaces are 10 feet wide. The applicant confirmed. Board member Kamerman questioned the applicant regarding additional parking space in the rear of the building. The applicant responded that no parking exists to the rear. The applicant added that the space belongs to another property. Discussion continued regarding additional parking space. Board member Maynard questioned the applicant regarding the pickup truck in the video presented by the applicant. The construction manager responded that the pickup truck belonged to him and placed it as an obstacle. Board member McNosky questioned the applicant regarding additional parking within the property. The applicant referenced the site plan to show the available parking within the property. Staff added that additional parking is located on the right side of the building where the fire lane extends to. Board member Maynard questioned the applicant if the site plan shows the accurate number of parking spaces. The applicant confirmed that it does. Board member Maynard questioned staff regarding the required length of a parking space for parallel parking. Staff responded that a dimension of 9 feet by 23 feet is required for parallel parking. Zoning Board of Adjustment Minutes November 14, 2017 City of Colleyville Page 3 Discussion continued regarding parallel parking Board member Kamerman requested to see the video and asked the applicant regarding the base of the curb and the pole in the parking lot. The applicant responded that there is a curb height of 6 inches and a drainage channel between the parking lot and the highway. Discussion continued regarding the curb and pole in the parking lot. Board member Maynard questioned the applicant regarding the number of offices in the building located on the subject property. The applicant responded that it is a duplex with two doors and that there are multiple office spaces within each unit. Board member Vallario questioned the applicant the time frame when the driveway was completed. The construction manager responded that the driveway was completed about a month ago. Board member Vallario questioned the construction manager if he knew before he laid the driveway that it would be outside of code. The applicant responded yes. The owner added that he authorized the parking to be completed ahead of the decision due to the fact that the parking is necessary for occupancy of the building. Without a variance he can’t use the building. Discussion continued regarding the driveway. Board member Vallario questioned staff regarding parallel parking and if it would meet code. Staff responded that the parallel parking could be designed to meet code. Staff added that a parallel parking design would reduce the number of parking spaces and create additional issues. Discussion continued regarding parking. Board member Maynard made a notation regarding placing the concrete poles at the curb to protect the pole would reduce the backup space for cars by two feet. The applicant added that his recommendation would be to place the concrete poles behind the curb to avoid that issue. Board member Holt questioned the applicant regarding further widening the parking spaces. The applicant responded that the request of 10 foot wide parking spaces provides enough maneuverability within a 20 feet wide drive aisle. Zoning Board of Adjustment Minutes November 14, 2017 City of Colleyville Page 4 Discussion continued regarding wider parking spaces. There being no one else wishing to speak, the public hearing was closed at 7:45 p.m. Board member McNosky made an opening statement regarding the best used of the subject property and applicant’s due diligence as noted by the options presented before the board. Board member Kamerman added that she agreed with Board member McNosky and noted the limitations of the applicant by the expansion of Highway 26. Board member Kamerman made a motion to approve Case VC17-011. Board member Holt seconded. The motion to approve case VC17-011 was carried by the following vote: Aye: 5 – Holt, Kamerman, Maynard, McNosky, and Vallario Nay: 0 3.ADJOURNMENT The meeting adjourned at 7:47 p.m. Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on December 12, 2017 by a vote of 5-0. RESOLUTION R-17-4214 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 19, 2017 WHEREAS,City 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor GZT 1' of OLLEYVILLE vsly TEXAS CITY OF COLLEYVILLE CITY COUNCIL MEETING WELCOME If you wish to address the City Council, please follow the suggestions below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly for the appropriate agenda item number. 2. Please state your full name and address when you begin your remarks in order that the official minutes record your appearance before the City Council. THANK YOU FOR YOUR COOPERATION c }, T �4fi "'s- 1 COLLEYVILLE TEXAS CITY OF COLLEYVILLE CITY COUNCIL MEETING WELCOME If you wish to address the City Council, please follow the suggestions below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly for the appropriate agenda item number. 2. Please state your full name and address when you begin your remarks in order that the official minutes record your appearance before the City Council. THANK YOU FOR YOUR COOPERATION SPEAKER CARD Date: L\D Agenda Item Number:--) 4-- Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: - C317-1UCQ Address: © I D \z City: NI I U I lc__ I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: This informat n is a Public Record SPEAKER CARD Date: P'I7 Agenda Item Number: f-- Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: oy H ac/fr y Address: 20- /V' ! rmr Ir rit City: CLQ/IPr ki //1. 1. I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: "c 11"tre t._ This information is a Public Record !.