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City Council-Agenda Packets-9/1/2009
City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 1, 2009 CITY COUNCIL CHAMBERS 5:00 P.M. -Discussion and training of computer use PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Summary report of the Blue Shoe Blues Fest II by Jeffry Dyson, President, The Blue Shoe Project PC-2 Discussion of the Colleyville Center Broad Market Study and Financial Assessment PC-3 Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-4 Update of the Proposed Fiscal Year 2010 (FY 2010) General Fund Budget PC-5 Discussion of House Bill 55 pertaining to the ban on hand-held mobile devices in school zones PC-6 Discussion of the September 1, 2009, City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville City of Colleyville Page 1 Printed on 8/28/2009 City Council Agenda September 1, 2009 Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Craig Etheredge, First Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3134 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation - In recognition of employees' years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3135 4a Approval of the minutes of the regular City Council meeting of August 18, 2009 4b Approval of the minutes of the Special City Council meeting of August 11, 2009 4c Approval of the minutes of the City Council worksession of August 5, 2009 City of Colleyville Page 2 Printed on 8/28/2009 City Council Agenda September 1, 2009 4d Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2010-2014 (FY 2010-2014) of the Colleyville Economic Development Corporation 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 5b 0-09-1726 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1727 Adoption of the proposed Fiscal Year 2010 (FY 2010) budget 6b 0-09-1728 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2010 (FY 2010) 6c 0-09-1729 Amending Ordinance 0-92-880 setting fees and charges for City facilities 6d 0-09-1730 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget 6e 0-09-1731 Amending Section 2 of Ordinance 0-08-1688 relating to the Fiscal Year 2009 General Fund budget and authorizing the City Manager to transfer unspent budget appropriations to the Capital Projects Fund 7. RESOLUTION(S) READING AND PUBLIC HEARING 7a R-09-3136 Approval of changing the date of the first City Council meeting in October to Wednesday, October 7, 2009 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 8/28/2009 City Council Agenda September 1, 2009 9. REPORTS: Colleyville Trails and Sidewalks Committee Minutes -February 16, 2009 Colleyville Trails and Sidewalks Committee Minutes -April 28, 2009 Library Board Minutes -June 8, 2009 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 1, 2009 -Reading and Public Hearing -Resolution R-09-3137 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 28, 2009, by 5:00 p.m. . (~- \ l Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 8/28/2009 .~ ,., City of Colleyville 100 Main Street Colleyville, Texas 76034 T,~,,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Manager File Name: Summary report of the Blue Shoe Blues Fest II by Jeffry Dyson, President, The Blue Shoe Project Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Summary report of the Blue Shoe Blues Fest II by Jeffry Dyson, President, The Blue Shoe Project Explanation The Blue Shoe Project President Jeffry Dyson will provide a summary report of the Blue Shoe Blues Fest II held June 13, 2009 and answer questions of the City Council. City of Colleyville Page 1 Printed on 8/28/2009 `` ~ °' City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 z~.~:.: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Colleyville Center Agenda No.: PC-2 Final Action: File Name: Discussion of the Colleyville Center Broad Market Study and Financial Assessment Attachments: Colleyville Center Expansion and Renovation Comparison.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Discussion of the Colleyville Center Broad Market Study and Financial Assessment Explanation On March 4, 2008, the City of Colleyville hired Komatsu Architecture and consultants Weinstein, Clower and Associates to conduct a visioning study for the feasibility of expansion, renovation and future use of Colleyville Center. As part of the study process, the Colleyville Center Advisory Committee worked closely with the consultants. On November 17, 2008, the final Broad Market Analysis and Financial Assessment were presented to the Colleyville Center Advisory Committee. After that meeting, the Advisory Committee formulated recommendations to submit to City Council. At the February 17, 2009 Pre Council meeting, representatives from Komatsu Architecture and consultant Dr. Terry Clower presented the Broad Market Study and Preliminary Financial Assessment along with the Advisory Committee's recommendation to City Council. At the conclusion of the presentation, the City Council directed staff to produce a description of items for renovation, associated costs, a time line, a financial pro forma for the expansion option and associated breakdown of construction and building costs. The requested documents were presented at the March 24, 2009 Pre Council meeting. City Council reserved action on moving forward with renovation until such time as a full review of proposed projects for the Colleyville Tomorrow Fund occurred. At the August 5, 2009 Budget Work session, Councilmembers expressed a desire to discuss renovation and expansion options. Staff prepared an expansion and renovation comparison including information from the consultant's study assessment and financial pro forma. City of Colleyville Page 1 Printed on 8/28/2009 w w~ O U 0 O ^ A~ i W 0 0 N ~ _ ~ ~ . ~ . L Q J Y ~. O uJ, V ~ + ^ ' i ~ L.L... \ V _ /^ , ~+! ~ ~ . ~h~ ~ -- ~ ~.i w a~ w O U Z W G W Q Z -_ o~ _~ L Q. ,~ Q~ Z t~ vV i U Q m ~ ~ ~~ o ~~ ~ - o ~ ~ ~ _ ~ ~ ~~ ~o ~ ~ .~~ - U ~ ~ ~ ~ .~ 0° ~~ ~ (Cf N ~ ~- ~ O ~ ~ ~ >; p ' Rf N C7 00 ~ ~' N U ~ ~ ~ ~ Q ~ ~ ~ ~ ~ (t5 ~ ~ ~ p ~ ~ O ~ ~ ~ ~ ~ _~ ~] . 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Y~rF ~ .1 O. ~ ~ ~ ~ ^; a ~ W ~. y. - n> ^ I~ 4 ,dpi +{ a4' ~ ~ ~ ~ r ~.:~ r ~ ~ ca a> ~ x ' - - _ h ~~ ... cj, - ~~: r - Yx iF ~ ~~ w ~~ w v• Z O L v• W U ;; ., Cit of Colle ville City Hall j i~ Y Y 100 Main Street ~~ Colleyville, Texas 76034 7~,:;~ Agenda Briefing $~7. so3.~o00 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-3 Final Action: File Name: Presentation of the Colleyville Economic Development Corporation Annual Activity Report Attachments: FY 2009 Annual Activity Report.pdf EDCIP FY 2009-2013 -Exhibit A.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Presentation of the Colleyville Economic Development Corporation Annual Activity Report Explanation The Colleyville Economic Development Corporation Bylaws require that the Board make an annual report by February 1, 2010, to the City Council "reviewing the accomplishments of the Corporation for the preceding year and the activities of the Corporation for the budget year". Attached is the annual report that was approved by the Colleyville Economic Development Corporation Board at the August 25, 2009 meeting. - - City of Colleyville Page 1 Printed on 8/20/2009 ANNUAL REPORT OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ACTIONS OF THE CORPORATION On August 26, 2008, the Board held its annual meeting and approved the FY 2009 annual budget for the Corporation with projected revenues of $2,087,797 and expenses of $1,830,518. The Board also adopted the attached "Exhibit A" Economic Development Capital Improvement Program (EDCIP) for Fiscal Years 2009 through 2013. This program provided funding for Economic Development marketing, entry markers, McPherson Park Phase II construction, Pleasant Run Trail, Citywide trail construction for Webb House Crossing and L.D. Lockett house path, Senior Center open area development and future projects as determined by the future Parks Master plan update. On August 11, 2009, the Board held a worksession to discuss the FY 2010-2014 EDCIP prior to the annual meeting to be held on August 25, 2009. There was information provided to the Board regarding allowable project expenditures per the ballot language of the August 10, 1996 election which adopted the Colleyville Economic Development Corporation. The ballot language was "The adoption of an additional one-half cent sales and use tax to provide for parks and parks facilities, a library, a community center, open space improvements, and other facilities and improvements only as authorized by Section 4B of Article 5190.6, Vernon's Texas Civil Statutes, as amended." With the receipt of the oil and gas lease funds, City Council allocated funding for two park projects (McPherson Phase II - $500,000 and Senior Center Trail improvements - $160,000) in the FY 2009 CEDC budget. These funds were added to the FY 2009 CEDC available cash and are allocated in the EDCIP in FY 2010. There were funds allocated in the EDCIP in FY 2010 to the spatial reorganization of the Library including the expansion to the second floor ($575,000) and Library collection sorter ($86,491). The FY 2010 funding for the entry marker project was increased to $293,521 that includes a carryover of FY 2009 funding in the amount of $179,860, which will provide funding for two large signs and seven medium signs at various entry points. Funding for the Pleasant Run Trail was reduced to $270,000 from $340,000 reflecting the cost estimate for the northern section of the trail and funding for the senior elements of the Senior Center open space area was reduced from $350,000 to $200,000, as there is another City funding source for this project. The allocation of $170,000 for the Webb House Crossing trail was split $40,000 (FY 2010) and $130,000 (FY 2011) and there was no change in the FY 2010 allocation of $100,000 for the L.D. Lockett House Path. Also, included in the EDCIP was funding for an interfund loan of $661,325 with a four-year repayment period from the Colleyville Tomorrow Fund which received a portion of the oil and gas lease funds. This loan would fund a renovation of the Colleyville Center which opened in January 1998. Other administrative expenditure changes in FY 2010 include increasing the marketing budget to $216,400 for the inclusion of a one-time expenditure of $72,000 for a Comprehensive Merchandising Plan, to identify and recommend restaurants and retailers to target using a "location optimization merchandising analytics software". There is also the annual addition for the following administrative expenditures: cost of treated water and wastewater for the splash pad at McPherson Park ($35,000), Keep Colleyville Beautiful agency agreement ($3,000), and an increase of $2,500 for the transfer to the Arts Fund. In FY 2011, there is the annual addition of funding for increased janitorial services ($4,046) and four additional part-time staff positions ($68,181) for library operations. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2009 - FY 2013 FISCAL YEAR 2008 2009 2010 BEGINNING FUND BALANCE $1,265,380 $1,732,154 $1,234,289 $844,485 $786,274 $956,133 REVENUES: PROJECTED 1/2 CENT SALES TAX REVENUE $1,226,197 $1,280,688 $1,319,108 $1,358,681 $1,399,442 $1,441,425 INTEREST INCOME $55,046 $51,965 $37,029 $25,335 $23,588 $28,684 USE OF AVAILABLE CASH $0 $755,144 $648,764 $316,347 $89,247 $48,401 TOTAL REVENUES $1,281,243 $2,087,796 $2,004,900 $1,700,363 $1,512,277 $1,518,510 EXPENDITURES OPERATING: ADMINISTRATIVE $1,500 $2,000 $2,000 $2,000 $2,000 $2,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $910,018 $900,473 $904,806 $901,873 $905,222 $907,711 MARKETING $83,000 $120,000 $120,000 $120,000 $120,000 $120,000 PERSONNEL-SENIOR CENTER $56,688 $64,429 $67,650 $71,033 $74,585 $78,314 TRANSFER TO ARTS FUND $15,000 $7,500 $10,000 $10,000 $10,000 $10,000 CAPITAL: ADA IMPROVEM ENTS ENTRY MARKER $5,125 $194,875 $0 $0 $0 $0 FUTURE PROJECTS $0 $0 $0 $595,000 $400,000 $400,000 MC PHERSON PAR K Phasell $0 $500,000 $0 $0 $0 $0 PLEASANT RUN TRAIL $0 $160,000 $340,000 $0 $0 $0 SENIOR CENTER OPEN AREA AND TRAIL DEVELOPM ENT $3,144 $128,519 $300,000 $0 $0 $0 CITYWIDE TRAIL SYSTEM TRAIL CONSTRUCTION - WEBB HOUSE CROSSING $0 $10,000 $160,000 $0 $0 $0 TRAIL CONSTRUCTION - L.D. LOCKETT HOUSE PATH $0 $0 $100,000 $0 $0 $0 TOTAL EXPENDITURES $1,074,475 $2,087,796 $2,004,456 $1,699,906 $1,511,806 $1,518,025 EXCESS REVENUES OVER EXPENDITURES $206,769 $0 $444 ADD BACK.4 TIMES BOND COVERAGE RATIO $260,005 $257,278 $258,516 ENDING FUND BALANCE $1,732,154 $1,234,289 $844,485 ASSUMPTIONS: FY 2009: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2010 - 2013: 3% GROWTH EXHIBIT A 2011 2012 2013 $457 $471 $485 $257,678 $258,635 $259,346 $786,274 $956,133 $1,167,563 4.1 ' ..~ ~ City of Colleyville r.x°~ Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Filed Version: 1 Agenda Date: 08/18/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-4 Final Action: 08/18/2009 File Name: Update of the Proposed Fiscal Year 2010 (FY 2010) General Fund Budget Attachments: Final Revisions - FY 2010 General Fund budget.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/18/2009 City Council 1 09/01/2009 City Council Title Update of the Proposed Fiscal Year 2010 (FY 2010) General Fund Budget Explanation At the Pre Council meeting on August 18, 2009, City Manager Jennifer Fadden advised the City Council that the combined City Council/City Secretary budget would be split in FY 2010 into two separate departments and all City Council related expenses would be reclassified into the City Council budget. The City Manager also noted that since the November 2009 special election expense of $4,000 contained in the proposed City Secretary's budget would likely not be needed, the funding would be reallocated to the Information Services budget for market funding of the vacant Information Services Manager position. The attached worksheet reflects these changes and includes two other changes presented to the City Council. The Fire Department's budget is based upon direction given by City Council at the budget worksession and includes the addition of $36,627 to the Fire Department's budget fund to provide funding for the promotion of two battalion chief positions and departmental overtime to reach minimum staffing of nine firefighters which will increase the in service time of the fire engine at Central Fire Station to 30%. Additionally, it is proposed to add $25,000 to Council Discretionary (account 001-14-6298) in the City Council's budget for the anticipated cost of a Police Chief recruitment search. These additions of $61,627 revise the total proposed General Fund expenditures to $18,981,970 from $18,920,343 as originally proposed at the worksession. City of Colleyville Page 1 Printed on 8/28/2009 FINAL REVISIONS - FY 2010 GENERAL FUND BUDGET TOTAL FOR CITY COUNCIL / CITY SECERTARY REALLOCATION CITY CITY BOTH REVISIONS COUNCIL SECRETARY DEPARTMENTS FY 2010 PROPOSED CITY COUNCIL /CITY SECRETARY BUDGET ($516,637) $227,862 $288,775 $516,637 PLUS CITY COUNCIL EXPENSES CONTAINED IN CITY MANAGER' OFFICE BUDGET $5,550 $5,550 INCREASE IN CITY COUNCIL DEPARTMENT'S COUNCIL DISCRETIONARY LINE ITEM FOR POLICE CHIEF SEARCH ACCOUNT NUMBER (001-10-6298) $25,000 $25,000 LESS NOVEMBER 2009 SPECIAL ELECTION EXPENSE TO BE REALLOCATED TO INFORMATION SERVICES FOR INFORMATION SERVICES MANAGER MARKET COMPENSATION -ACCOUNT NUMBER (001-14-6215) -$4,000 -$4,000 FY 2010 REVISED CITY COUNCIL/CITY SECRETARY TOTALS $258,412 $284,775 $543,187 REVISIONS TO OTHER DEPARTMENT BUDGETS: CITY MANAGER'S OFFICE FY 2010 PROPOSED CITY MANAGER'S OFFICE BUDGET $626,257 LESS CITY COUNCIL EXPENSES CONTAINED IN CITY MANAGER' OFFICE BUDGET -$5,550 FY 2010 REVISED CITY MANAGER'S OFFICE BUDGET $620,707 INFORMATION SERVICES FY 2010 PROPOSED INFORMATION SERIVCES BUDGET $335,202 PLUS NOVEMBER 2009 SPECIAL ELECTION EXPENSE TO BE REALLOCATED TO INFORMATION SERVICES FOR INFORMATION SERVICES MANAGER MARKET COMPENSATION -ACCOUNT NUMBER (001-59-6101) $4,000 FY 2010 REVISED INFORMATION SERVICES BUDGET $339,202 FIRE DEPARTMENT FY 2010 PROPOSED FIRE DEPARTMENT BUDGET $4,019,897 PLUS TWO BATTALION CHIEF PROMOTIONS ($11,627 - 001-22-6101 AND RELATED BENEFIT LINE ITEMS) AND OVERTIME FOR 9 FIREFIGHTER PER SHIFT MINIMUM STAFFING ($25,000 - 001-22-6139 AND RELATED BENEFIT LINE ITEMS) PER CITY COUNCIL DIRECTION AT AUGUST 5TH BUDGET WORKSESSION $36,627 FY 2010 REVISED FIRE DEPARTMENT BUDGET $4,056,524 ,;~ .., T._¢„- File Number: City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Police Department Agenda No.: PC-5 Final Action: File Name: Discussion of House Bill 55 pertaining to the ban on hand-held mobile devices in school zones Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Discussion of House Bill 55 pertaining to the ban on hand-held mobile devices in school zones Explanation House Bill 55, which becomes effective on September 1, 2009, amends the Texas Transportation Code to prohibit an operator of a motor vehicle from using a wireless communication device while operating a motor vehicle within a school zone unless the vehicle is stopped or the wireless device is used with ahands-free accessory. Exceptions include making an emergency call to police, fire or emergency medical services and for public safety personnel acting in an official capacity. An offense would be a misdemeanor punishable by a fine of not more than $200. The law requires that a political subdivision that chooses to enforce the school zone cell phone restriction is required to post signs at the entrance of each school zone within the entity's jurisdiction, at the jurisdiction's expense, to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. If City Council desires enforcement of this law, staff anticipates the acquisition and installation of the required signage could be completed by October 1, 2009 at a projected cost of $4,500 to $5,000. Enforcement of the cell phone ban could begin once the required signage is in place. Staff seeks City Council direction. City of Colleyville Page 1 Printed on 8/28/2009 ~,r ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ~~~~°° Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: Discussion of the September 1, 2009, City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Discussion of the September 1, 2009, City Council meeting regular agenda items City of Colleyville Page 1 Printed on 8/26/2009 ~S { ..~~~ ~' ,, .., City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 1 Final Action: Secretary File Name: Executive Session Legal -September 1, 2009 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending litigation -Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 8/25/2009 RESOLUTION R-09-3134 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 1, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~.1 ' Yr( ~ City of Colleyville °°~~~~ Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -September 1, 2009 Attachments: Employee Years of Service - 4th Quarter 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation - In recognition of employees' years of service City of Colleyville Page 1 Printed on 8/24/2009 EMPLOYEE YEARS OF SERVICE FOURTH QUARTER - 2009 25 YEARS ROBERT TORREZ Public Works 20 YEARS RON SOMMERFELD Public Works 10 YEARS BILLY MCCULLOUGH Police Department KEN TYWATER Public Works 5 YEARS MELINDA SCHELSKE Municipal Court MICHELLE WATSON Police Department RESOLUTION R-09-3135 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF SEPTEMBER 1, 2009 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of August 18, 2009 b. Approval of the minutes of the Special City Council meeting of August 11, 2009 c. Approval of the minutes of the City Council worksession of August 5, 2009 d. Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2010-2014 (FY 2010-2014) of the Colleyville Economic Development Corporation AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ,~~,~~a City of Colleyville 100 Main Street ~+ ,Cm x tQ3 Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 `~~^ ~ www.colleyville.com City Council Tuesday, August 18, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 18, 2009, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall and Tom Hart were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Economic Development Director Marty Weider, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Community Development Intern Sarah Coplen, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:00 p.m. and Councilmember Mike Taylor arrived at 5:45 p.m. PC-1 Discussion of the Proposed Implementation Plan for the Portal ID and Wayfinding Study Interim Community Development Director Ron Ruthven presented the proposed implementation plan of the Portal ID and Wayfinding Study including a revised project cost, proposed sign construction locations and time lines and answered questions of the City Council. Mr. Ruthven further stated that staff proposes to hire an engineering and landscape architecture firm to perform the final design specifications with construction to begin in Fiscal Year 2010. There was general discussion regarding the possible placement of a sign at Foreman's General Store and the landscaping design. City Council determined that staff should proceed with the implementation plan for the sign construction and placement. City of Colleyville Page 1 Prinfed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 PC-2 Presentation by Halff Associates, Inc. on the Comprehensive Parks and Recreation Open Space Master Plan Parks and Recreation Director Monica Walsh introduced Mr. Francois DeKock and Mr. Lenny Hughes of Halff Associates, Inc., to provide an update on the Parks and Recreation Open Space Master Plan. Mr. DeKock provided information regarding the history and credentials of Halff and Associates, Inc., an overview of the phasing plan for updating the Comprehensive Parks, Recreation and Open Space Master Plan and developing a Vision Statement and parks system goals and objectives. PC-3 Discussion to review the final recommendations of the Tree Preservation Study Interim Community Development Director Ron Ruthven provided an overview of the proposed recommendations by Burditt Consultants, LLC, to Chapter 5 -Tree Preservation in the Land Development Code and the proposed ordinance. There was general discussion regarding the recommendations and mitigation fees. Interim Community Development Director Ron Ruthven recommended the addition of a tree permit fee for new construction. City Council requested information regarding a comparison of the City of Colleyville tree preservation ordinance with peer cities. City Council determined the proposed ordinance be placed on a City Council agenda for consideration. PC-4 Presentation of the Monthly Financial Report -July 2009 Finance Director Terry Leake presented the July Monthly Financial Report and reported the Parks and Recreation Department revenues exceeded budget revenue for the year and answered questions of the City Council. Ms. Leake stated, as a result of the success of recreation programs, payments for instructors will exceed the budget and a budget amendment will be proposed for City Council consideration. City of Colleyville Page 2 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 Police Chief Tommy Ingram provided information regarding funding for the Dare Officer in the Grapevine-Colleyville Independent School District. PC-5 Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report and answered questions of the City Council. PC-6 Update of the Proposed Fiscal Year 2010 (FY 2010) General Fund Budget City Manager Jennifer Fadden provided an update of the proposed FY 2010 General Fund Budget as a result of the City Council budget worksession held on Augst 5, 2009, and further developments that affect the proposed budget. Ms. Fadden reported the proposed Fiscal Year 2010 budget will include funding for an executive search firm to replace Police Chief Tommy Ingram, a reduction in franchise fees from Oncor, the establishment of a separate City Council budget and market studies for the Police Chief and Network Administrator positions, and stated, as a result of the revisions, the net increase to fund balance is projected to be $161.00. PC-7 Discussion of the August 18, 2009 City Council meeting regular agenda items Mayor Kelly stated no action will be necessary for agenda items 10a and 10b, related to the rail petitions, as the petition was decertified and the items may be removed from the agenda. Interim Community Development Director Ron Ruthven distributed additional information regarding agenda item 7a related to the Covenant Christian Academy's request for a zoning change and stated the correct perimeter street fee is $140,437.69, and staff recommends the sidewalk width be increased to five feet, the developer provide a more comprehensive traffic impact analysis and a portion of the gravel shoulder of Cheek Sparger Road be replaced with a paved shoulder. Police Chief Tommy provided information regarding parking and traffic concerns related to Covenant Christian Academy events. Mayor Kelly recessed the Pre Council meeting at 6:55 p.m. for the City Council portrait sitting. PC-8 City Council Portrait Sitting City of Colleyville Page 3 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 18, 2009, at 6:53 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper, Interim Fire Chief Russell Shelley, Fire Marshal Robert McKeown, Public Works Director Steve Chutchian, Finance Director Terry Leake, Economic Development Director Marty Weider, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Technician Steve Thompson, Community Development Intern Sarah Coplen, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:53 p.m. and reconvened at 7:35 p.m. Cify of Colleyville Page 4 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 INVOCATION: Pastor Dale Smith, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3129 This resolution was not needed. 3. OATH OF OFFICE City Secretary Cynthia Singleton administered the Oath of Office to Councilmember Michael Muhm. 4. RECEPTION FOR CITY COUNCIL Mayor Kelly invited everyone to enjoy the City Council reception and recessed the meeting at 7:38 p.m. and reconvened at 7:50 p.m. 5. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin reported the Colleyville Library finale was enjoyed by 1,300 attendees and the Summer Reading program included 1,400 participants. Councilmember Wollin commended staff for coordinating the finale and reading program. Mayor Kelly congratulated and welcomed Councilmember Michael Muhm, Place 2. Police Chief Tommy Ingram related the events of a major car accident and how the actions of Officer Todd Hildebrandt saved the life of a gentleman in the vehicle. Mayor Kelly presented the Meritorious Conduct Medal to Officer Todd Hildebrandt for extraordinary acts to save a life. Mayor Kelly expressed appreciation to police officers for risking their lives for the citizens' well being and safety. City of Colleyville Page 5 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 6. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3130 6a Approval of the minutes of the regular City Council meeting of August 4, 2009 6b Approval of a contract for design services with Halff Associates, Inc. for the Parks and Recreation Open Space Master Plan, in an amount not to exceed $91,500.00, and authorize the City Manager to execute the same and any associated change orders, in an amount not to exceed $25,000.00 6c Approval to sell real property owned by the City of Colleyville located on Lot 4, Block 2, Fair Way Addition to Rodica Alecu, in the amount of $27,777.00. 6d Approval to sell real property owned by the City of Colleyville located on Lot 3, Block 1, Sneed Addition to Rodica Alecu, in the amount of $87,777.00. Mayor Kelly read Resolution R-09-3130 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3130 Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 City of Colleyville Page 6 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 Mayor Kelly recused himself from consideration of this item due to a conflict of interest and stated Mayor Pro Tem Ayers would preside during consideration of this agenda item. Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1725. Interim Community Development Director Ron Ruthven stated the perimeter street fee listed in the briefing is incorrect and should read $140,437.69 and the proposed ordinance includes the following amendments: the perimeter street fee shall be paid in lieu of improvements to Wayne Drive and is required due to the new development; a portion of the unpaved shoulder of Cheek Sparger Road shall be paved with an all-weather surface; a traffic impact analysis that addresses the impact of the proposed development to Wayne Drive, specifically to the traffic flow into and out of Bedford must be provided; new sidewalks constructed along Wayne Drive must be five feet in width, and the maximum number of spectator bleachers is changed from 200 to 400. Mayor Pro Tem Ayers opened the public hearing. Mr. Danny Haiger, 929 Harwood Terrace, Bedford, Texas, spoke in opposition to the proposed ordinance and requested a meeting with City staff and school representatives regarding the traffic flow and drop off area around the academy. Mr. Aaron Holderness, 933 Harwood Terrace, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding traffic flow from Covenant Christian Academy and Bedford Heights Elementary, the volume and speed of traffic, drainage issues and requested a traffic impact analysis. Mr. Art Pengally, 901 Brazos, Southlake, Texas, applicant, distributed and reviewed a traffic impact study and requested the bleachers currently scheduled for installation in Phase 3 be installed during Phase 1, the fire lane include a removable obstruction, such as bollards, to prevent traffic in the fire lane, an increase in student enrollment from 600 to 750 and answered questions of the City Council. Ms. Shelley Zak, 3821 Fox Hollow, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding athletic field lighting and requested that a traffic impact study include a broader area around the school. City of Colleyville Page 7 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 Mr. Michael Piske, 920 Bristol Court West, Bedford, Texas, spoke in opposition to the proposed ordinance and spoke regarding the speed limit, safety of children, drainage issues and requested a traffic impact study, which includes the Bedford Heights area. Ms. Kim Wells, 3633 Wayne Court, Bedford, Texas and Ms. Laura Cox, 3608 Spring Valley, Bedford, Texas, did not wish to speak but wanted the record to reflect their opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Mayor Pro Tem Ayers reopened the public hearing. Mr. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the proposed ordinance and suggested Covenant Christian Academy representatives and neighbors meet to try to resolve their differences. There were no others present wishing to speak and Mayor Pro Tem Ayers closed the public hearing. There was general discussion regarding the assessment and threshold of a traffic impact study, student enrollment, school parking capacity, impact fee calculation and restricted fire lane access. Mr. Michael Wright, M.J. Wright Architects, 8233 Mid Cities Boulevard, North Richland Hills, Texas, representing the applicant, spoke regarding parking capacity and requirements. Interim Fire Chief Russell Shelley stated the Fire Department is opposed to any obstruction in the fire lanes. Mr. Art Pengally stated that information is provided to Covenant Christian Academy children and parents regarding the designated traffic flow around the school. There was general discussion regarding the need of further study and review of the proposed ordinance. Councilmember Wollin moved to continue Ordinance 0-09-1725 and the public hearing to September 1, 2009, City Council meeting. Councilmember Muhm seconded the motion. City of Colleyville Page 8 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 The motion carried by the following vote: Aye: 6 -Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Abstain: 1 -David Kelly 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a 0-09-1726 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Kelly read the caption of Ordinance 0-09-1726. Parks and Recreation Director Monica Walsh provided an overview of the user fees and policies for City parks and the proposed fees for Reagan Park. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Mayor Kelly read Resolution R-09-3118 in its entirety. Interim Community Development Director Ron Ruthven provided information regarding the request for a refund of sidewalk escrow funds and stated staff recommends denial based upon the recommendations of the Supplemental Sidewalk System Map, and if City Council denies the refund, the escrow will be available for any future sidewalks or trails located within District Neighborhood Number 6. Mayor Kelly opened the public hearing. Mr. Eric Schultz, 1801 Prince Meadow Drive, requested a full refund of the sidewalk escrow fees. City of Colleyville Page 9 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the cost and need of a sidewalk in the area of 1801 Prince Meadow Drive and the recommendation for a sidewalk related to the Supplemental Sidewalk Map. Mayor Kelly requested staff plan for sidewalk construction in the area of 1801 Prince Meadow Drive in Fiscal Year 2010. Mayor Kelly moved to deny Resolution R-09-3118. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 9b R-09-3131 Consideration of an appeal regarding the denial to the sidewalk escrow refund for the Spring Garden Homeowners Association, located in the 2400 block of Cheek Sparger Road, Case GC09-009 Mayor Kelly read Resolution R-09-3131 in its entirety. Interim Community Development Director Ron Ruthven stated fthe escrow funds would benefit District Neighborhood Number 1. Mayor Kelly opened the public hearing. Mr. Henry Del Castillo, 3980 Witten Drive, President, Colleyville Spring Garden Townhomes Residential Association, Inc., spoke regarding the requirements of the Land Development Code related to the construction of sidewalks and escrow agreements and regarding pedestrian safety at Central Drive and Cheek Sparger Road and requested a refund of escrow funds for the purpose of constructing sidewalks along the perimeter of Cheek Sparger Road and Jackson Road and to purchase and install a barrier, which will prevent property damage. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly clarified that the Colleyville Spring Garden Townhomes Residential Association, Inc., requests the refund of escrow funds for the purpose of installing a barrier at the corner of Jackson Road and Cheek Sparger Road, to prevent property damage, and constructing a sidewalk along Cheek Sparger Road. City of Colleyville Page 10 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 There was general discussion of scheduling sidewalk construction along Cheek Sparger Road along with the Jackson Road and Cheek Sparger Road intersection improvements and the type of barrier for preventing property damage. City Manager Jennifer Fadden stated that a transfer of funds from this escrow account to the Capital Project Fund could be made, which will then provide for the intersection improvement. City Manager Fadden stated the sidewalk escrow funds, in the amount of $10,000 will be appropriated to the Jackson Road and Cheek Sparger Road intersection improvement project and the sidewalk location will be determined at the time of the intersection design. Mayor Kelly moved to deny Resolution R-09-3131, with the understanding that $10,414 will be applied to the intersection improvements and sidewalk construction, that best fit the area, in Fiscal Year 2011. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 9c R-09-3132 Approval of a resolution regarding the construction of a rail station within the City limits of Colleyville Mayor Kelly read Resolution R-09-3132 in its entirety. City Manager Jennifer Fadden stated this item was placed on the agenda at the request of City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3132. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 11 Prinfed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 10. TABLED ITEMS: 10a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Mayor Kelly stated, based on the decertification of the petition, it is regeusted that item 10a be removed from the next agenda. 10b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Mayor Kelly stated, based on the decertification of the petition, it is requested item 10b be removed from the next agenda. 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Gary Lecocq, 5113 Roberts Road, spoke regarding the City's website design, citizen attendance and participation at City Council meetings, the proposed Fiscal Year 2010 budget and property values. 12. REPORTS: Senior Center Advisory Committee Minutes -May 21, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 There was no discussion of this item. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 18, 2009 -Reading and Public Hearing -Resolution R-09-3133 This resolution was not needed. 14. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Hart seconded the motion. City of Colleyville Page 12 Printed on 8/28/2009 City Council City Council Minutes -Draft August 18, 2009 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:38 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 13 Printed on 8/28/2009 ~=- City of Colleyville '`~ ~ ~~ City Council Minutes -Draft ,.•: Special City Council Meeting City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 11, 2009 6:45 PM City Council Chambers The special meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 11, 2009, at 6:46 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Finance Director Terry Leake, Economic Development Director Marty Weider, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Interim Community Development Director Ron Ruthven and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. 2. 2a RESOLUTION(S): READING AND PUBLIC HEARING R-09-3127 Canvassing the results of the Special Election held August 1, 2009, to fill an unexpired term for Councilmember, Place 2 Mayor Kelly read Resolution R-09-3127 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3127. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 2b R-09-3128 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2010 at $.3559 per hundred dollars of valuation Mayor Kelly read Resolution R-09-3128 in its entirety. City of Colleyville Page 1 Printed on 8/28/2009 Special City Council Meeting City Council Minutes -Draft August 11, 2009 Finance Director Terry Leake stated the City has complied with the requirements of Chapter 26, Texas Property Tax Code, which requires taxing entities to perform an effective tax rate calculation. The Fiscal Year 2010 (FY 2010) effective tax rate is $.3643371. The proposed rate for FY 2010 is lower than the effective rate, and the adoption of this resolution provides information to the citizens of Colleyville as to the intention of City Council to set the tax rate of $.3559 per hundred dollars of valuation for FY 2010. This tax rate will be presented to the City Council for the first reading on September 1, 2009 and the second reading, September 15, 2009. The tax rate is unchanged from FY 2009 and the tax rate has been in effect since FY 2008. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Finance Director Leake stated the FY 2010 effective tax rate calculation sets the debt rate for the City and the debt service tax rate for FY 2010 is set by the calculation at $.057262. The remainder of the tax rate is the operations and maintenance rate. This is used to provide services such as police, fire, streets, library and parks and the remainder of that tax rate is $.298638. Ms. Leake further stated, many citizens received information about the residential valuation and, in some cases, the valuation was slightly higher or lower and some cases remained the same. Tarrant County Appraisal District does a calculation of all of the residences within the Colleyville city limits and the average valuation for 2009 was $391,133 and the average residential value for FY 2010 is $398,957. The difference between those two values is a tax adjustment of $27.85. This approximates to $.08 per day to citizens. The principal driver to the increase in average property value is higher permit values for new residential constructions with the average value of new homes constructed in the assessment period at almost $500,000. Councilmember Taylor moved to approve Resolution R-09-3128. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers City of Colleyville Page 2 Printed on 8/28/2009 Special City Council Meeting City Council Minutes -Draft August 11, 2009 Councilmember Hart stated for clarification the first Whereas section in Resolution R-09-3128 states ...pursuant to Section 26.04...... and it was read Section 24.06. Councilmember Taylor stated the City is not raising the tax rate; it is staying the same. The City will be bringing in more money at that tax rate, which creates the effective tax rate. Finance Director Terry Leake stated the effective tax rate for this fiscal year is calculated on the amount of taxes the City collected in FY 2009, which is what is needed from those existing properties to raise that same amount of revenue. Based on the timing of appeals that were with Tarrant Appraisal District, the valuation of existing property on the roll is down slightly. The increase in valuation truly came from the new construction that was on the roll. So, the effective tax rate is actually higher than the proposed tax rate. Councilmember Taylor commended the City Manager and staff for excellent fiscal management of the budget and stated, as a result, the tax rate is not increased. 3. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers Mayor Kelly adjourned the meeting at 6:57 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 3 Printed on 8/28/2009 -_ i, ~, `"~-' City of Colleyville City Council Minutes -Draft isrr„ City Council Worksession City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, August 5, 2009 6:00 PM Executive Conference Room The worksession of the Colleyville City Council was called to order by Mayor David Kelly on August 5, 2009, at 6:02 p.m. Mayor Kelly expressed appreciation to staff for development of the Fiscal Year 2010 (FY 2010) budget. 2. 2a ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Finance Director Terry Leake, Accountant Karen Hines, Interim Fire Chief Russell Shelley, Interim Battalion Chief Mark Cantrell, Public Works Director Steve Chutchian, Human Resources Manager Elise Welborn, Library Director Mary Rodne, Interim Community Development Director Ron Ruthven, Community Center Manager Lin Przybyl, Economic Development Director Marty Weider, Parks and Recreation Director Monica Walsh, Network Administrator Paul DePingre, Communications and Marketing Director Mona Gandy, Management Assistant Christine Loven and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ayers was absent. PRESENTATION AND DISCUSSION Presentation and Discussion of the Proposed FY 2010 Budget City Manager Jennifer Fadden provided an overview of the budget development process, the service delivery policy, revenue sources and the proposed Fiscal Year 2010 (FY 2010) budget. City Manager Fadden stated the City Council will meet August 11, 2009, to discuss the City Council's intent to set a tax rate and the first reading and public hearing for the FY 2010 budget will be September 1, 2009 and the second reading and public hearing on September 15, 2009. There was general discussion regarding the Texas Municipal Retirement System (TMRS) contribution rate; City Council discretionary fund; staff positions; automated book return; agency service requests; funding for Grapevine Community Relief Exchange (GRACE) and Keep Colleyville City of Colleyville Page 1 Printed on 8/28/2009 City Council Worksession City Council Minutes -Draft August 5, 2009 Beautiful; the collaborative efforts of the City and the Colleyville Area Chamber of Commerce in support of economic development; a comprehensive merchandising study; and the timeframe and funding for the financial management software. City Manager Jennifer Fadden expressed appreciation to staff for the time and energy spent in the development of the Fiscal Year 2010 budget. Mayor Kelly expressed appreciation to the staff for fiscal management and development of the budget in a challenging economy. Mayor Kelly recessed the meeting at 7:17 p.m. and reconvened at 7:40 p.m. 2b Presentation and Discussion of the Colleyville Tomorrow Fund Assistant City Manager Kelly Cooper provided an overview of the Colleyville Tomorrow Fund, the ranking process and results of proposed projects for funding and the recommendation of projects to be funded through the Colleyville Tomorrow Fund and the Parks Tomorrow Fund. There was general discussion regarding a new Public Works facility, Colleyville Center expansion and/or renovation, authorized uses of the Colleyville Economic Development Corporation fund, sound mitigation for the rail corridor and fire truck purchase. City Council requested information regarding the authorized uses of the Colleyville Economic Development Corporation fund. City Council requested a worksession or Pre Council meeting with the Colleyville Center Advisory Committee members to discuss the Colleyville Center renovation plans. 2c Presentation and Discussion of the Parks Tomorrow Fund Parks and Recreation Director Monica Walsh presented the results of the project ranking process and recommendation for funding through the Parks Tomorrow Fund. There was general discussion regarding the Kidsville playground equipment replacement, the upgrade of recreation software and funding sources for parks department capital items. City of Colleyville Page 2 Printed on 8/28/2009 City Council Worksession City Council Minutes -Draft August 5, 2009 City Council requested information regarding possible utility savings related to the installlation of timing devices for lighting the park facilities and the efficiency of the Senior Center heating, ventilating and air conditioning system. Parks and Recreation Director Monica Walsh reviewed the Parks and Recreation Advisory Board project recommendations. Councilmember Wollin requested the expansion of the central control irrigation system for water conservation. City Council requested staff provide information regarding playground structures for Kidsville. Mayor Kelly recessed the meeting at 8:44 p.m. and reconvened at 8:55 p.m. 2d Presentation and Discussion of Fire Department Staffing Plan Interim Fire Chief Russell Shelley provided the history of funding and constructing the Central Fire Station and Fire Station 1, and reviewed the Bedford Response Area of Colleyville (BRAG) agreement, the proposed staffing plan and purchase of fire trucks. Discussion ensued regarding the BRAG agreement with the City of Bedford. City Council requested a review and analysis of the BRAG agreement and information regarding the timeframe for the full operation of the fire apparatus. City Council determined staff should proceed with the proposed staffing plan. City Manager Jennifer Fadden provided information regarding the timeline for implementation of the staffing plan and funding sources and answered questions of the City Council. City Manager Jennifer Fadden stated the City Council requests will be incorporated into the proposed budget ordinance. 3. ADJOURNMENT There being no further discussion, Mayor Kelly adjourned the meeting at 9:15 p.m. Cify of Colleyville Page 3 Printed on 8/28/2009 City Council Worksession City Council Minutes -Draft August 5, 2009 APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 4 Printed on 8/28/2009 `' °' City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 T,~,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 09/01/2009 Requester: Finance Department Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2010-2014 (FY 2010-2014) of the Colleyville Economic Development Corporation Attachments: EDCIP FY 2010-2014.pdf EDCIP FY 2009-2013.pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/01/2009 City Council Title Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2010-2014 (FY 2010-2014) of the Colleyville Economic Development Corporation Explanation Reading and Public Hearing The Colleyville Economic Development Corporation (CEDC) Bylaws require the Board to develop a combined Economic Development Capital Improvement Program (EDCIP) annually, which sets forth long and short-term goals. This program "shall be one that addresses the development needs of the City within the financial constraints available to the Corporation." The "EDCIP shall identify the projects to be undertaken by the Corporation and include proposed methods and the expected cost of the implementation." After the EDCIP is developed, it must be approved by the City Council. On August 11, 2009, the Board met in a worksession to provide input on the FY 2010-2014 EDCIP. At the worksession, there was information provided to the Board regarding allowable project expenditures per the ballot language of the August 10, 1996 election, which adopted the CEDC. The ballot language was "The adoption of an additional one-half cent sales and use tax to provide for parks and parks facilities, a library, a community center, open space improvements, and other facilities and improvements only as authorized by Section 4B of Article 5190.6, Vernon's Texas Civil Statutes, as amended." The Board's input from the August 11, 2009 worksession is reflected in the attached FY 2010-2014 EDCIP, that was approved by the Board at their annual meeting held on Tuesday, August 25, 2009. The FY 2010-2014 EDCIP reflects the following revenue and expenditure changes: City of Colleyville Page 1 Printed on 8/28/2009 Agenda Briefing Continued The revenue estimate is one-half of the sales tax revenue estimated in the City's proposed FY 2010 budget. FY 2011-2014 includes a 2% increase in sales tax. With the receipt of the oil and gas lease funds, City Council allocated funding for two park projects (McPherson Phase II - $500,000 and Senior Center Trail improvements - $160,000) in the FY 2009 CEDC budget. These funds were moved to the FY 2009 CEDC available cash and are allocated in the EDCIP in FY 2010 for the following: • Spatial reorganization of the library including the expansion to the second floor - $575,000 and Library collection sorter - $86,491. • Entry marker project funding was increased to $293,521, which will provide for two large signs and seven medium signs at various entry points. • Funding for the Pleasant Run Trail was reduced to $270,000 from $340,000, reflecting the cost estimate for the northern section of the trail. • Funding for the senior elements of the Senior Center open space area was reduced from $350,000 to $200,000, as there is another City funding source for this project. • The allocation of $170,000 for the Webb House crossing trail was split $40,000 (FY 2010) and $130,000 (FY 2011). • There was no change in the FY 2010 allocation of $100,000 for the L.D. Lockett house path. Included in the EDCIP is funding for an interfund loan of $661,325 with afour-year repayment period from the Colleyville Tomorrow Fund which received a portion of the oil and gas lease funds. This loan would fund a renovation of the Colleyville Center which opened in January 1998. The renovation will provide enhancements such as updating of interior finishes, upgraded audio/visual technologies, lighting and acoustics, which will allow it to maintain its current market share. Other administrative expenditure changes were: • FY 2010 funding increase of the marketing budget to $216,400 for the inclusion of a one-time expenditure of a $72,000 Comprehensive Merchandising Plan, to identify and recommend restaurants and retailers to target using a "location optimization merchandising analytics software". Annual addition for the following administrative expenditures: • Cost of treated water and wastewater for the splash pad at McPherson Park - $35,000 • Keep Colleyville Beautiful agency agreement - $3,000 • $2,500 increase for a transfer to the Arts Fund City of Colleyville Page 2 Printed on 8/28/2009 Agenda Briefing Continued In FY 2011, there is the annual addition of library operations' funding for increased janitorial services - $4,046 and four additional part-time staff positions - $68,181 For the City Council's information, Exhibit 2 is the EDCIP for FY 2009-2013. Financial Impact It has been determined that a five (5) year Capital Improvement Plan for the CEDC has been proposed. Recommendation Approval City of Colleyville Page 3 Printed on 8/28/2009 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2010 - FY 2014 EXHIBIT 1 FISCAL YEAR 2009 2010 2011 2012 2013 2014 BEGINNING FUND BALANCE $1,881,856 $2,075,384 $833,658 $711,490 $677,072 $659,853 REVENUES: PROJECTED 1/2 CENT SALES TAX REVENUE $1,280,688 $1,280,688 $1,306,301 $1,332,427 $1,359,076 $1,386,257 INTEREST INCOME $16,755 $25,942 $10,421 $8,894 $8,463 $8,248 USE OF AVAILABLE CASH $0 $1,497,996 $377,572 $290,751 $274,233 $249,545 TOTAL REVENUES $1,297,442 $2,804,626 $1,694,294 $1,632,072 $1,641,773 $1,644,050 EXPENDITURES: OPERATING: ADMINISTRATIVE $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $900,473 $904,806 $901,873 $905,223 $907,711 $902,482 MARKETING $59,462 $216,400 $144,400 $144,400 $144,400 $144,400 KEEP COLLEYVILLE BEAUTIFUL AGENCY AGREEMENT $0 $3,000 $3,000 $3,000 $3,000 $3,000 WATER - MC PHERSON PARK $0 $35,000 $36,050 $37,132 $38,245 $39,393 PERSONNEL -SENIOR CENTER $64,429 $70,654 $74,187 $77,896 $81,791 $85,880 PERSONNEL -LIBRARY $0 $0 $68,181 $70,226 $72,333 $74,503 OPERATIONS -LIBRARY $0 $0 $4,046 $4,167 $4,292 $4,421 TRANSFER TO ARTS FUND $7,500 $10,000 $10,000 $10,000 $10,000 $10,000 CAPITAL: $179,680 ENTRY MARKER $15,195 $293,521 $0 $0 $0 $0 INTERFUND LOAN - COLLEYVILLE CENTER RENOVATIONS $0 $0 $165,331 $165,331 $165,331 $165,331 ($661,325 REPAID OVER 4 YEARS) LIBRARY SECOND FLOOR EXPANSION $0 $575,000 $0 $0 $0 $0 FUTURE PROJECTS $0 $0 $157,500 $215,000 $215,000 $215,000 LIBRARY -COLLECTION SORTER $0 $86,491 $0 $0 $0 $0 PLEASANT RUN TRAIL $132,454 $270,000 $0 $0 $0 $0 SENIOR CENTER OPEN AREA (SENIOR ELEMENTS) $0 $200,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM TRAIL CONSTRUCTION - WEBB HOUSE CROSSING $0 $40,000 $130,000 $0 $0 $0 TRAIL CONSTRUCTION - L.D. LOCKETT HOUSE PATH $0 $100,000 $0 $0 $0 $0 TOTAL EXPENDITURES $1,361,193 $2,806,872 $1,696,568 $1,634,375 $1,644,104 $1,646,411 EXCESS REVENUES OVER EXPENDITURES ($63,750) ($2,246) ($2,274) ($2,302) ($2,331) ($2,360) ADD BACK .4 TIMES BOND COVERAGE RATIO $257,278 $258,516 $257,678 $258,635 $259,346 $257,852 ENDING FUND BALANCE $2,075,384 $833,658 ASSUMPTIONS: FY 2010: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2011 - 2014: 2% GROWTH $711,490 $677,072 $659,853 $665,800 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION EXHIBIT 2 ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2009 - FY 2013 FISCAL YEAR 2008 2009 2010 2011 2012 2013 BEGINNING FUND BALANCE $1,265,380 $1,732,154 $1,234,289 $844,485 $786,274 $956,133 REVENUES:. PROJECTED 1/2 CENT SALES TAX REVENUE $1,226,197 $1,280,688 $1,319,108 $1,358,681 $1,399,442 $1,441,425 INTEREST INCOME $55,046 $51,965 $37,029 $25,335 $23,588 $28,684 USE OF AVAILABLE CASH $0 $755,144 $648,764 $316,347 $89,247 $48,401 TOTAL REVENUES $1,281,243 $2,087,796 $2,004,900 $1,700,363 $1,512,277 $1,518,510 EXPENDITURES OPERATING: ADMINISTRATIVE $1,500 $2,000 $2,000 $2,000 $2,000 $2,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $910,018 $900,473 $904,806 $901,873 $905,222 $907,711 MARKETING $83,000 $120,000 $120,000 $120,000 $120,000 $120,000 PERSONNEL -SENIOR CENTER $56,688 $64,429 $67,650 $71,033 $74,585 $78,314 TRANSFER TO ARTS FUND $15,000 $7,500 $10,000 $10,000 $10,000 $10,000 CAPITAL: ADAIMPROVEMENTS ENTRY MARKER $5,125 $194,875 $0 $0 $0 $0 FUTURE PROJECTS $0 $0 $0 $595,000 $400,000 $400,000 MC PHERSON PARK Phasell $0 $500,000 $0 $0 $0 $0 PLEASANT RUN TRAIL $0 $160,000 $340,000 $0 $0 $0 SENIOR CENTER OPEN AREA AND TRAIL DEVELOPMENT $3,144 $128,519 $300,000 $0 $0 $0 CITYWIDE TRAIL SYSTEM TRAIL CONSTRUCTION - WEBB HOUSE CROSSING $0 $10,000 $160,000 $0 $0 $0 TRAIL CONSTRUCTION - l.D. LOCKETT HOUSE PATH $0 $0 $100,000 $0 $0 $0 TOTAL EXPENDITURES $1,074,475 $2,087,796 $2,004,456 $1,699,906 $1,511,806 $1,518,025 EXCESS REVENUES OVER EXPENDITURES $206,769 $0 $444 $457 $471 $485 ADD BACK .4 TIMES BOND COVERAGE RATIO $260,005 $257,278 $258,516 $257,678 $258,635 $259,346 ENDING FUND BALANCE $1,732,154 $1,234,289 $844,485 $786,274 $956,133 $1,167,563 ASSUMPTIONS: FY 2009: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2010 - 2013: 3% GROWTH ,: Date: ~ /L~' SPEAKER CARD ~{ I will speak In Support of this item. ~'" I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ~ Ordinance/Resolution Number: ~`~~Z-`'^ Name~~"~Y /h5r/G L~~- City:-D~~~~ State: ~ Zip Code: ~6L Z-/ Telephone Number: ~'/ 7-~c~/-~/c~t~ / Representing: ~~~-~~ (organization/self) 1 understand / am limited to speaking for five minutes. For busines not listed on the agenda as a Public Hearing, City Council will not respond in accordance ~h~the Texas Open,Meetings ,Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. ~^ ~J ~ G? j~ SPEAKER CARD Date: ~~, I will speak In Support of this item. will speak In Opposition to this item. do not wish to speak, but please records my: ^ support i~opposition -A~nda Item Number ,^, Name: - f '`~' Address: :~ Ordina ,- :. -.. j , ~, /, _ ~ ~~ -- ~.. ,~.~ 'Resolution Number: .> ~L~ ~ ,; - , - , ":~~ ~ -~ , City: ~~~ ~ rte` ~ State: ~_Zip Code: / -"' ~~"~ "~~ 3.. ~~ .. Telephone Number: , r ~ ~ ~, ~ `' ~ Representing: > -c,- ~; (organi~ationlself) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Opgn Meetings Law, Chapte~ 551 of the Texas Local Government Code. -~y,,,, ' Signed: 'r'~ ' ,r=>!=%~%'~' j ~ ~.. ~~~A~ - This information is a Public Record. ,~.~ ,,, ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1725 File Number: 0-09-1725 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 09/01/2009 Agenda No.: 5a Status: Continued Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial Attachments: Location and Zoning Map Notification List Letters of Opposition Letters of Support Statement of Planning Objectives Conceptual Site Plan Building Elevations Bleacher Details Ordinance 0-99-1139 Ordinance 0-06-1602 Ordinance 0-09-1725 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/13/2009 Planning and Zoning Commission 1 08/04/2009 City Council 1 08/18/2009 City Council 1 09/01/2009 City Council Title Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 Explanation Update The City Council voted to continue this item at the August 18, 2009 meeting to the September 1, 2009 meeting. There were 5 people who spoke regarding the request with one person supporting the request and four in opposition at the August 18, 2009 meeting. The applicant has submitted an updated site plan that shows 209 existing parking spaces, which is 14 more spaces than shown on the previous site plan. This site plan has been added to the draft ordinance. Based on discussion at the August 18, 2009 meeting, staff has made the following City of Colleyville Page 1 Printed on 8/28/2009 Agenda Briefing Continued (0-09-1725) modifications to the draft ordinance: (1) The bleachers for the athletic field are allowed to be installed as part of the phase one construction. As a result, the high school construction has been moved to phase three with phase four being eliminated. (2) The maximum enrollment for all students has been changed from 600 to 750. (3) All required parking, based on an enrollment of 750 students, is required to be installed upon completion of phase one construction with the total required spaces to be determined by staff per the requirements of the Land Development Code upon issuance of the building permit. (4) As part of the required traffic impact analysis (TIA), a site plan shall be submitted to the City Council depicting the recommended improvements included as part of the TIA. Staff has also specified the items required to be analyzed as part of the TIA in the draft ordinance. The TIA must be approved by the City Council prior to filing the required replat for the property. Consequently, no building permit may be issued for any construction approved by the draft ordinance until the replat is filed with the County Clerk. Second Reading and Public Hearing There were seven people who spoke regarding the request with one person supporting the request and six people in opposition at the August 4, 2009 meeting. The applicant made the following requests of the City Council at the August 4, 2009 meeting: (1) That the bleachers along with all other appurtenances relating to the athletic field be allowed to be constructed as part of the phase one construction; (2) The fire lane be allowed to have removable obstructions, such as bollards, in order to prevent automobile traffic from utilizing the fire lane at various times; (3) That the screening and buffering requirements for 3709 Wayne Drive where it is adjacent to the subject property be waived if the school acquires this property. These items have not been added to the draft ordinance. Staff recommends that, in lieu of improving the portion of Wayne Drive adjacent to the subject property, the applicant be required to pay a perimeter street fee. Perimeter street improvements are required since Wayne Drive is considered an unimproved street. Colleyville Covenant Christian Academy is required to construct a portion of the street to current standards or escrow a cash equivalent, as determined by the Engineering Department. Staff also recommends that the unpaved shoulder of Cheek Sparger (specifically 15 feet from the edge of the current pavement) be paved with an all-weather surface as defined in the Land Development Code where it is currently composed of rock. There was also discussion about the requirement that the applicant provide a traffic impact City of Colleyville Page 2 Printed on 8/26/2009 Agenda Briefing Continued (0-09-1725) analysis that addresses the impact of the proposed development to Wayne Drive, specifically with regard to traffic flow into and out of Bedford. Finally, there was discussion concerning the requirement that any new sidewalks constructed along Wayne Drive be required to be five feet in width, as opposed to the Land Development Code requirement of four feet. These provisions have been added to the draft ordinance. Additionally, staff has amended the draft ordinance to change the maximum number of seating allowed in the bleachers for the athletic field from 200 to 400 spectators, which was part of the original request from the applicant. First Reading and Public Hearing Colleyville Covenant Christian Academy has submitted a request to change the zoning of 17.7 acres, located at 715, 901 and 909 Cheek Sparger Road and 3815, 3809, 3805 Wayne Drive. The applicant is requesting to rezone the property from the R40-Single Family Residential zoning district and the PUDC-Planned Unit Development Commercial to the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking the zoning change in order to expand the existing private school at 715 and 901 Cheek Sparger Road. Existing Conditions. The subject properties are currently platted as six lots. The properties located at 715 and 901 Cheek Sparger Road are currently developed as Colleyville Presbyterian Church and Covenant Christian Academy and are zoned PUDC-Planned Unit Development Commercial. The properties located at 3805 Wayne Drive and 909 Cheek Sparger are currently developed as single family homes. The properties located at 3809 and 3815 Wayne Drive are vacant lots. All lots adjacent to Wayne Drive are currently zoned R40-Single Family Residential. The existing residences are proposed to be demolished as part of the development of the private school. Existing PUD Requirements. The applicant is requesting to repeal the existing PUDC zoning on the property approved by Ordinances 0-99-1139 and 0-06-1602. Ordinance 0-99-1139 permits the use of a church and private elementary and secondary school on the property as well as incidental athletic and recreational uses and any uses accessory to the school and church uses. Ordinance 0-06-1602 amended the site plan approved under 0-99-1139 by allowing atwo-story, 33,899 square foot school building contingent upon the removal of all portable buildings from the property and the completion of a traffic impact analysis. The draft ordinance repeals the previous two PUD ordinances for the property and resets the zoning of the subject properties to the current PUDC request. Permitted Uses. The applicant requests that the permitted uses be for a church, private elementary, secondary and high school. All other uses such as the athletic field and multi-purpose facility will be incidental and accessory to the principal uses of the school and church. Therefore, no commercial activity may take place on the property nor may any facilities be utilized or leased for private, amateur or professional athletic leagues not associated with the school. City of Colleyville Page 3 Printed on 8/26/2009 Agenda Briefing Continued (0-09-1725) Proposed Development. The applicant proposes to add four new buildings and an athletic stadium to the existing elementary and secondary school campus which consists of two buildings and four portable structures. Maximum enrollment will consist of 600 students - 200 high school students and 400 elementary and secondary school students. The proposed new buildings include the following: - 48,000 square foot high school - 6,000 square foot library - 19,200 square foot multi-purpose building - 28,200 square foot grade school and administration buildings The proposed athletic field would provide bleachers on both sides of the field with enough seating to accommodate 200 spectators. Building Design. The applicant has provided proposed building elevations. These elevations have been added to the draft ordinance. Although all phase one and two buildings shown on the site plan are shown as single story, the applicant requests the option to build the buildings as two story buildings. All buildings will be restricted to the building area proposed by the applicant and all buildings will be required to meet the building height requirements of the Land Development Code. Development Schedule. The applicant proposes four phases of development based on the buildings shown on the site plan: Phase 1-Grade School/Administration (begin immediately and finish in 15 months) Phase 2- Multi-Purpose Facility/Library Construction (No construction start date determined) Phase 3- Athletic Field (No construction start date determined) Phase 4- High School (No construction start date determined). Staff recommends that Phase 3 and Phase 4 require the approval of a detailed site and building elevation plan by the City Council prior to construction. Replat Requirement. Upon approval of this PUDC, the applicant will be required to replat the residential properties currently zoned R40-Single Family Residential into the existing school parcel. Removal of Portable Buildings. Upon completion of the Phase 1 buildings, the applicant proposes to remove the remaining four portable buildings from the property. Staff recommends if no building permit has been requested for Phase 1 construction as of September 1, 2010, that all portable buildings must be removed from the property no later than September 30, 2010. This provision has been added to the draft ordinance. Parking and Access. The applicant intends to provide 200 parking spaces as part of the phase one construction with an additional 30 spaces to be provided upon completion of the athletic field. The proposed parking meets the minimum requirements of the Land Development Code for all phases. However, staff recommends that, in order to ensure the availability of adequate parking, athletic events can only be held on the campus when City of Colleyville Page 4 Printed on 8/26/2009 Agenda Briefing Continued (0-09-1725) school is not in session. This provision has been added to the draft ordinance. The campus will be accessed by a continuous 24 foot wide fire lane linking Cheek Sparger Road to Wayne Drive. According to the site plan, three driveways currently access Cheek Sparger Road. Two additional driveways are proposed along Wayne Drive. Traffic Impact. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Private Schools (K-12) are expected to generate 0.92 trips per morning per student and 0.62 trips per afternoon per student, on average. Based on these averages, a 600 student private school (K-12) would add approximately 936 vehicle trips per day to the surrounding roadways. However, as required by Ordinance 0-06-1602, a TIA was completed by Lee Engineering in 2007. The recommendations of the TIA included adding a center turn lane to Cheek Sparger Road in front of the school. This requirement was completed in 2008. Wayne Drive Improvements. The applicant proposes to improve the western half of Wayne Drive where it is adjacent to the proposed development in lieu of any perimeter street fees, which would include 15.5 foot curb and gutter street from the existing centerline. Athletic Field and Lighting. The proposed athletic field will provide seating for not more than 200 spectators and will not include any lighting. Therefore the applicant has agreed that there will not be any athletic events held at night on the field. The applicant has provided a detailed exhibit of the proposed bleachers, which has been added to the draft ordinance. The bleachers will include no more than five rows of seating per each section. The applicant proposes to allow the installation of turf only as part of the Phase 1 construction. Staff recommends that any parking lot and exterior building/security lighting be directed away from residential areas with a minimum of 0.5 foot-candle illumination as measured at the property line. These provisions have been added to the draft ordinance. Master Plan. The Future Land Use Plan designates the portion of the subject property currently utilized for a private school for institutional uses. However, the portion that is currently zoned R40-Single Family Residential is designated for single family residential uses. Therefore, the rezoning request is not entirely consistent with the Future Land Use Plan. Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. The proposed site plan for the development provides for 60 percent open space. The open space areas include two ponds, which will be located along Wayne Drive along with a playground that will be built adjacent to the grade school and administration building. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage City of Colleyville Page 5 Printed on 8/26/2009 Agenda Briefing Continued (0-09-1725) analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site detention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting and building permit process. Sidewalks and Trails. Sidewalks are required to be constructed along Cheek Sparger Road and Wayne Drive at the time the school is constructed. According to the Land Development Code a 5-foot wide concrete sidewalk is required to be built along Cheek Sparger Road as part of this development. Staff recommends that the existing 5-foot wide sidewalk along Cheek Sparger be extended west along Cheek Sparger Road in front of the existing school in order to complete the missing sections of the sidewalk. The developer will also be required to construct a 4-foot wide concrete sidewalk along the entire length of the Covenant Christian Academy frontage on Wayne Drive. This provision has been added to the draft ordinance. Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot wood screening fence with masonry columns every 20 feet along the western boundary of the development adjacent to Lots 19 through 26 of the Camelot Estates Addition in the City of Bedford and adjacent to 3709 Wayne Drive prior to the issuance of a certificate of occupancy for the phase one buildings. Landscaping and Buffering. The applicant proposes to provide one minimum three (3) inch caliper tree per every 40 feet of street frontage and one five (5) gallon shrub per every five (5) feet of street frontage along Cheek Sparger Road and Wayne Drive. The applicant also proposes to provide a 20 foot landscape buffer along the entire western property line adjacent to the City of Bedford. Staff recommends that a 20 foot landscape buffer be added next to 3709 Wayne Drive as well. Additionally, staff recommends that the landscape buffers contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. In the case of the buffer located along the western property line, the plantings would not be required until the athletic field is built. The buffer next to 3709 Wayne Drive would be planted prior to the completion of the Phase 1 construction. These provisions have been added to the draft ordinance. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the school. Fee Waiver Requests. The applicant is requesting waivers to impact fees and any tree City of Colleyville Page 6 Printed on 8/26/2009 A~crenda Briefing Continued (0-09-1725) mitigation requirements. Staff recommends that any requests for relief from these fees be addressed separately from this PUDC request and follow the variance procedures prescribed in the Land Development Code, and therefore are not included in the draft ordinance. Surrounding Development Trends. The surrounding properties represent a variety of uses. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed as single family homes. Properties to the west are zoned CC1-Village Retail and are developed as offices in Colleyville while properties in Bedford are zoned and developed as single family homes. The properties to the east are zoned R-40-Single Family Residential and are developed as a single family homes or are vacant. Properties to south are developed as single family residences and are primarily located within the City of Bedford. Public Notification. Staff mailed notices to 24 adjacent property owners and a courtesy notice was sent to the City of Bedford regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received twenty-two (22) letters of support. Staff has also received thirteen (13) letters of opposition from residents of the City of Colleyville and thirty-five (35) letters of opposition from residents of the City of Bedford. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request by a vote of 6-0 subject to the following recommendations: • Library construction will be moved to Phase 2; • Allow athletic field turf only to be installed in Phase 1 construction; • No lighting shall be installed for the athletic field; • The 8 foot screening fence required along the western boundary of the property shall be constructed of wood but have a masonry column every 20 feet; • The bleachers for the stadium shall have no more than five rows of seats and shall be consistent with the submitted bleacher exhibit. The applicant has revised their plans to adhere to the above recommendations and the briefing and draft ordinance have been updated accordingly. Summary. Given the proposed educational uses, the proposed zoning change is not completely consistent with the Future Land Use Plan, as a portion of the subject properties is designated for single family uses. However, the Land Development Code allows educational uses within residential areas through the issuance of a Special Use Permit. Staff recommends that, given the potential neighborhood impacts and lack of a construction schedule of the athletic field and the high school, the third and fourth phases of the project be allowed only through the additional submittal of a detailed site and building elevation plan City of Colleyville Page 7 Printed on 8/26/2009 Agenda Briefing Continued (0-09-1725) to be approved at the discretion of the City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 8 Printed on 8/26/2009 Location and Zoning Map AG°~3 ~ r sot ~3 +u104 ~~ 40ti0D CHEEK SPARGER RD ~ Site sa3 sas sal ' 1tI01 1003 3s1s '~~:~ ~ ~ 3sos ,:,~a. ~~::~~- " :~ ~ ~ CAI 3816 ~ 3809 4L 38 3805 371s AG 3709 3708 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Saddlebrook H/O Assoc Inc PO Box 382 Colleyville TX 76034 004003 Brown Tr Mining, James Etux Linda 4006 Southwood W Colleyville TX 76034 004006 Southwood W Ramsey, Paul A Etux Cynthia A 603 Summertree Ct Colleyville TX 76034 000603 Summertree Ct Bell, Michael E Etux Ellen K 1001 Inwood Ln Colleyville TX 76034 001001 Inwood Ln Reid, Terry Bryant 907 Inwood Ln Colleyville TX 76034 000907 Inwood Ln Colon, Robert Etux Sarail 4004 Southwood W Colleyville TX 76034 004004 Southwood W Copp, Michael K 803 Inwood Ln Colleyville TX 76034 000803 Inwood Ln Colby, Susan L 4001 Mockingbird Ln Colleyville TX 76034 004001 Mockingbird Ln Shipp, J D Jr Etux Sandra L 901 Inwood Ln Colleyville TX 76034 000901 Inwood Ln Harrington, Paul F Etux Suzann 4000 Southwood W Colleyville TX 76034 004000 Southwood W Kelly, Deborah R 905 Inwood Ln Colleyville TX 76034 000905 Inwood Ln Jones, Gregory G Etux Michelle 903 Inwood Ln Colleyville TX 76034 000903 Inwood Ln Share, Sandrea Donna 4002 Southwood W Colleyville TX 76034 004002 Southwood W Whiteley, Kenneth C Etux Fran 601 Summertree Ct Colleyville TX 76034 000601 Summertree Ct Kirkland, Richard T 4000 Mockingbird Ln Colleyville TX 76034 004000 Mockingbird Ln Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003916 Wayne Dr Goodin, Judy Etvir Phillippe 909 Cheek Sparger Rd Colleyville TX 76034 000909 Cheek Sparger Rd Colleyville Cov Christian Aca 715 Cheek Sparger Rd Colleyville TX 76034 000901 Cheek Sparger Rd Presbyterian Church America 715 Cheek Sparger Rd Colleyville TX 76034 000715 Cheek Sparger Rd Heather Ridge Development Llc 609 Cheek Sparger Rd Colleyville TX 76034 000609 Cheek Sparger Rd Read, Reginald III Etux Susan 7709 Davis Blvd North Richland Hills TX 76180 000611 Cheek Sparger Rd Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003908 Wayne Dr Colleyville Cov Christian Acad 901 Cheek Sparger Rd Colleyville TX 76034 003815 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003816 Wayne Dr Covenant Christian Academy 901 Cheek Sparger Rd Colleyville TX 76034 003809 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003808 Wayne Dr Covenant Christian Academy 901 Cheek Sparger Rd Colleyville TX 76034 003805 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003716 Wayne Dr Staley, Bob 3709 Wayne Dr Colleyville TX 76034 003709 Wayne Dr Ccdccw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003708 Wayne Dr City of Bedford 2000 Forest Ridge Bedford TX 76021 courtesy notice Public notices were mailed on Friday, June 26, 2009 by Amy Shelley. Signature LETTERS OF OPPOSITION COLLEYVILLE RESIDENTS Page 1 of 1 Letters of Opposition -Colleyville Residents Amy Shelley From: Ron Ruthven Sent: Sunday, July 12, 2009 1:26 PM To: Amy Shelley Subject: FW: New Zoning -Ref ZC09-004 From: Sent: Saturday, July 11, 2009 7:15 PM To: Ron Ruthven Subject: New Zoning -Ref ZC09-004 Dear Mr. Ruthven: My my wife and I are residents of Tara Plantation and live at the corner of Cheek Sparger and Bedford Roads. We object to the proposed expansion of Covenant Christian Academy since we did not move here sixteen years ago to be subject to a school circus. If this organization requires a major expansion, I suggest that they move some place else since they bring no value to the neighboring housing developments. The added traffic and lighting issues are not welcome. I will not be able to attend the 7/13/09 public hearing since I will be traveling on business, which is the reason for my e-mail. Hopefully, this proposed project will be canceled. Thank you for your valuable time and consideration. Regards, Jim & Cindy Griffith 4002 Plantation Court Colleyville, TX 76034 817-656-9127 A Good Credit Score is 700 or Above. Se~ours.in_j_ust 2 easy steams! 7/13/2009 Letters of Opposition - Colleyville Residents To Whom it May Concern: As a Saddlebraok residents far the past 13 years, we are definitely opposed to the Covenant Christian Academy (CCA) plans to expand more buildings and to include an athletic stadium. One of the things we enjoy most about Saddlebrook is the quiet, residential atmosphere. That will be destroyed if the CCA expansion plans are allowed. We live on Mockingbird Lane, which forms a "T" with Cheek Sparger Rd. This is right where CCA is located. The noise will be unbearable. We already get the noise from daily loudspeaker announcements from CCA. We were trying to be good neighbors by ignoring it, as it is during the daytime, so we overlooked the disturbance. We also overlooked the children yelling and screaming when they are out on the playground. However, loudspeaker announcements, yelling and screaming from hundreds of people at night is a different matter entirely. Not to mention the marching bands and loud music that play in athletic stadiums. The traffic has been a problem for years now due to CCA due to pick up and drop off times, but again, we overlooked it. But with stadium activities the traffic problem will increase drastically, especially in the evening when Saddlebrook families will be trying to get home. Remember, that during stadium activities, it wouldn't just be CCA students, parents, friends and faculty; it would also be opposing team students, parents, friends and faculty. The traffic noise and congestion would be horrendous. Not to mention nonresident parking on the streets outside ours homes. Mockingbird Lane, Inwood and Rodeo streets would be the worst, but not the only streets in Saddlebrook effected. Saddlebrook has been a safe place for our families and pets to walk. Since there are NO sidewalks, we must walk in the streets. With stadium parking clogging both sides of our streets, the neighborhood will no longer be safe for people, children or pets to walk. Additionally, the increase in traffic congestion and parking would affect emergency vehicles (fire trucks, police cars, ambulances etc.} getting to the homes on this side of Saddlebrook. It is evident that this expansion would decrease property values while increasing noise, increasing traffic, increasing litter, increasing pollution, increasing crime from kids "hanging around" i.e. cars being broken into, property damage and so on. We also DO NOT want a 70' tower (much less 4 towers!) that close to our home. It will be an eyesore to our beautiful Saddlebrook. Not to mention the lights themselves from the towers will invade on the privacy of the homes closest to Cheek Sparger Rd. Who wants to look out the windows at night to have stadium lights glaring in at them? Letters of Opposition - Colleyville Residents -, DATE: l f ~-f~v COMMUNITY DEVELOPMENT DEPAR"I'MENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signature (Property Own r) ~,~ ~, c. ~ . ~~ ~t ~ s~. ~ Printed Name Signs a (Prop~rty Owner) ~~~~~~ Printed Name Property Address: /„!i `~~~~~~~~~~~~~~ ~~ tL, l~l~~~v~~~.~ ~ ~~a~~ ~EC~~v~~~ ~u~. ~ ~: 2aoa Per .......,..... Letters of Opposition - Colleyville Residents DATE: I ! `~/G 7 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE I00 MAIN STREET COLLEYVILLE, TEXAS 76034 E~.~~~IE JIIL 1 3 2009 C Y F COLLEYVILLE BY BUILDING DEPARTMENT RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAIN, I WOULD LII~E TO PROTEST THE ZONIlVG CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~ Signature (Property Owner) Signs a (Pro Owner) ~~u,c. A . L~~~ ~ ~ ~ G~~~~~ Printed Name / f~ Printed Name Property Address: CJ~ ~~~(dl'~~~~ ~LJ~t' ~~~ ~-~~~~= r 7~0~~ LETTERS OF OPPOSITION BEDFORD RESIDENTS Letters of Opposition -Bedford Residents July 10, 2009 91-247 Lukini Place Ewa Beach, Hawaii 96706 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Zoning Case Number ZC09-004 Dear Planning and Zoning Commission: My wife and I are the owners of the property located at 717 Steeplechase Drive, Bedford, Texas. We received the notice of a public hearing concerning the request for rezoning by Keith Squires. After reviewing the proposed use for the land as described in the request for rezoning, we have decided that as the home owners and with consideration for our tenants, future tenants and the neighbors who live on the property adjoining the proposed rezoning request we are voicing our opposition to this request for rezoning. We do feel that an athletic field with 4 seventy feet high lights positioned behind residential homes would create too much light in the evening hours when residents are home relaxing after a hard day at work which would not serve the best interest of the home owners. Additionally, we feel the noise created by activity at the athletic field would be too loud for the residential climate of the home owners. The homes in the azea adjacent to the proposed rezoning have been there for 30 years and should have the right to preserve their peaceful and tranquil living environment. A copy of our objection will be sent to the Bedford Planning and Zoning Commission. Thank you, Respectfully, J t+t~G~~~l ~ ~ ~~+ Richard C. and Ru y J. Witek cc: Planning and Zoning Commission, City of Bedford, Tx RECEIVE® JUL ~. 4 20Q9 Per ........_...W Letters of Opposition -Bedford Residents DATE: ` ~ .~ / ~ , ~ ~~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZOMNG CASE #ZC09~004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~ S' nature (Pro erty caner) Printed Name Signature (Property Owner) Printed Name p ~ ~ z ~ ~~ f ~,~s ~. Pro a Address• ~ ~- °~..- ~ ~ RECEIVED JUL ~ 3 ZQ09 Per ............. Letters of Opposition -Bedford Residents DATE: ~ G~ _~ - ~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~ , ~ ~~~. Si ature (Property Owner) Printed Name Property Address: ~ ~ ~ I ~~ ~ 1~(f~ L ~ ~; (,q,~ R~~~1VED ,~UL ~ 3 2009 pSf ..:.......... Letters of Opposition -Bedford Residents DATE: ~~ _ , COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, C~~~~~ `~~ Si to (Property Owner) ~C as~~ ~ ~~ ~lCi~l Signature (Property Owner) Printed Name ~'/ / ~ %, (~,~/~ Printed Name Property Address. 1 RECEIVED JUL ~ 3 2009 P81 ~~~.~~aaa~a~a Letters of Opposition -Bedford Residents DATE: ~ ' ~ ~ " Cj COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZOMNG CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, i ature (Prope~ty~Owner) Signature (Property Owner) 1 ~~~ Printed Name ~ ~ ~ Pril~nted Name ~~ ~ ~! Property Address• ~ ~ f-° R~DEIVED JUL j 3 2009 !Per ...........> Letters of Opposition -Bedford Residents DATE: {~ ~ ~ ~ _ C ; C'~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, i WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~ 1 Signature (Property er} ~~~~ ~ ~~ Printed Name Signature (Property Owner) Printed Name Property Address: ~~l ~'/~ ~J~~{~'~~~ ~~ P~~r~R~. T~ ~~OZ/ RECEIVED Per ............. Letters of Opposition -Bedford Residents (:1cy oT -- --~ ff ~ ~ _=~ Tczas R~C)TI~E F ~iJB~C~:~ ~E~Ri~4~ Zoning Case Rlumbe:-: ZC09-004 Appl"scant: Keith Squires Location. 715, 901, 909 Cheek Sparger Rd, and 3805, 3809 and 3815 Wayne Dr. Property Descriptions Lots 1-4, Block 3, Southgate Addition and Lots '! and 2, Colleyville Presbyterian Church Addition Present Zaning° 1840-Single Farr~iiy Residential and PUDC-Planned Unit Development Commercial Requested Zoning: PUDC-Planned Unit Deve?opment Commercial The City of Colleyville has scheduled public hearings concernir~y tf-~~ above>r~ferenced request on the fiollo~~.~ing dates and location: Planning and Zoning Commission: July 13th, 2009 @t7:00 pm City Council. August 4th and August 18th, 2009 (aa,~:30 pm City Council Chambers, 3`d floor of Gity Ball, 100 Allain Streef,'Cofleyville, Texas This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, un{ess the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda and all property owners v~~ithin 200 feet ~n~ill be re-notified of the hearing. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but vvish to have your opinions made a part of the public record., please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX r 6034 lfi the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that the approval of the zoning change request shall require the approval of a super ma}ority vote by City Council. The application is on fi{e for public examination in the Planning Department at 100 Main Street, Cokieyvifle, Texas. For additional information, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Arn r Shelle ~~~' ~ ~ ~~~~ j ~ y Planning & Zoning Assis~~t~...,._,,,~,w sheileya(a~ci.coileyville.tx.us .--~ l~ i r ~ 4 0 l ~, ~y l~~a i~~~~~~oi,Y 7G6z l Letters of Opposition -Bedford Residents ~~:~ {~:!~,i`s~ Y.~iI !)IJ't~}~;'?. ~t~~)=r~~, ~,'Jl.~.~Y~t~,?~ ~':~i't;t~l~~i~"t: C?I?~~IS'?~II~.N AC;A3~L?vtY ?S ?IC:C3UlS'1'1N(= ~~ ~{3NING CGIAN~'s~ ON Ti-11~14z !'l~L)I'l~.R~'1',S) . ? CrUESS -l~ttl`~ 1S "i~~ !(.~. I=(iZ`."l °;'1'Fi' {~F "''!41', t~U!l,L?(l~?'.I ?'? ~,_i~ ;.:~61(;1~~a C11~? `l'?{=. rE"~ ' <'z.<<;`~-iF~;. IJ,LIf~I~Izihl'?'. ''I~C~PERTI£S ~'/iTHIN 23(3 I~E~`i lERt,'rdC~'l'IJ~IIU I3Y 'l'?-lt CITY t~F UOLLEY"Vtt.?_,~. ~'IEt T?-11~ CITY t)~ REJ~F~ORI3 OF'I'IIF I3IZ01'b3SEC~ CIJANGE, HOWEVER, I FELT I~IK.E TI-IE ~tt;~}i'IJ`c'1'lES N CLC151? 1'FZC~XI~:Ml`J``! ~Ul ~Gr_l?,'3 f`~; `°JO J3E NOTIFIIU OF TE-JE t2F~UI;S'i'. ?. ICON' [' I~N1t~ ~'E'' ~~ILIA.'!' 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I~~,r~.l~.' `~ ~} A'I"I I~,NI} 'J!'~I~; P'tJI3E~iC t{~~,.R~d~~S ;~~ARY AND SI:IF.Itit/EY ZAK 3821 F't)X IiOLLt?W C)I~. - X ~~ 1 JUL 1 Q 2009 (`I7V nr- nom:. . _. .. . aX CT ~-~ a'w CJ~~x~~ °~~ ~ ~~p~ Letters of Opposition -Bedford Residents July 10, 2009 Community L7evelopment Department City of Colleyville 100 Main Street Colleyville, Texas 76034 REF#ZC09-004 Deaz Sir: You MUST NOT let Covenant Christian Academy do anything else wonderful quiet neighborhood. The expansion that they have done now ha: land and property where we have lived for 28 years. Where they have torn houses on Wayne, they have let the weeds go over aft tall. They have alloy and all kinds of other animals to have a perfect place to hide. At dusk you c walk down Wayne, as you will see the snake situation. There are tree limb; storms we had over a month ago, and the property has not been cleaned up. NO CONCERN for anyone that has to live around where they have their pry area IS NOT big enough for what they want to put there, not even counting and traffic. Just take a look at the "pazking lot" that they made on Wayne Street AWFUL, they don't keep it maintained and who approved a gravel parking weeds aft tall growing in the middle of it? They made a "make shift" walla to their other property. Everything that they do looks like "white trash". Tl beautiful neighborhood, but they don't care. The City of Colleyville should not want such trash in their city. Our neighborhood does not want the lights, traffic and noise from a big stadium here first -let them put their stadium someplace else. If Covenant Christian Academy had been a good neighbor and done according to code, then things might be different. It would be wonderful if tear down the entire school and go someplace else because they are not war. They have NO concerns for the neighborhood around them. All they care a money. Please say "NO" to any zoning changes. AND PLEASE MAKE UP Wayne Street. Sincerely, ,- Cindy Quisenberry 3620 Wayne Court Bedford, Texas 76021 to destroy our destroyed the sown the ed snakes ~nnot even down from They have perry. That al the cars It looks rt with ~y and gate s WAS a quiet little We were r would here. t is CLEAN RECEIVI~C~ .JUL ~ 3 2009 Par ............. Letters of Opposition -Bedford Residents DATE: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~ ignature a roperty Owner) ~~ P 7~~~ Printed N me Signature (Property Owner) Printed Name -a ° Property Address: ~~~3 ~~ C ~~ C{ f r~EC~ivEa JUL 1 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: . : ~~- ~'~ CON'IlVIUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signature (Property Owner) Print Name + ~7 Property Address• _ ~ ~`? ~ ~ ~ ~,~ ~~ Signature (Property Owner) Printerd~ Name ,,, ~ ~^ _~ tom` ~~~ +~ ~~~ r RECEIVED JUI. 1 3 2005 Per ............ Letters of Opposition -Bedford Residents DATE: `'~ _ ~ ~~ . _ ~~ `~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ty Owner) ~6~~~ RECEtv~a 1C1L 1 3 2009 Pat ............. Letters of Opposition -Bedford Residents DATE: 7_ 13 " 2~~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715; 90I-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANCE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~I ~/ ~~.r~i~i/E~~ 933 ~~,~~ r~~ ,~.v~D, T 7~~ Z l ~j7_ c139 - yS~Z J U L 1 3 2009 CITY OF ~c7L~i_YVILLE BUILDING EPARTME Letters of Opposition -Bedford Residents nATE: ~ .,:J~.~,f~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLI,EYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, C,~~t~c~C',~, ~"e.c ~GIG~, q33 C~i~~ ~~~- ~5~ r ~~.. J U L 1 3 2009 CITY Qf .U~i_EYVILLE Letters of Opposition -Bedford Residents 7 July 2004 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE TX 76034 I wish to protest the proposed zoning change for zoning case #ZC09-004. There's a reason this area is now zoned residential and not commercial. The entire adjoining area is all residential and not equipped to handle the traffic or parking problems associated with commercial development. Since I am a resident of Bedford with my property very close to the area to be rezoned I am concerned with the increase in traffic, noise, parking and after hours activity that will be generated by commercialization ofthis area. I therefore strongly protest the rezoning of this property. Warren E Spangler GVG~ .. ~1~j~ 3632 Wayne Ct Bedford, TX 76021 RECEDED JUL 1 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: ;,~~ l ~~ v~~>~~ I~JJ COMM[JNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 ANll 38l 5 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LII~ TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ,.- e .P Signature roperty Owner) ~L~-Gtf~L- t~ //r~~ s Printed Name Signature (Property Owner) Printed Name Property Address: ~~ l ~T~~~~~.5'~ 8~~~,e D July 8, 2009 Letters of Opposition -Bedford Residents Community Development Department City Of Colleyville 100 Main Street Colleyville, TX 76034 Dear P. and Z. Commission: We in the Bedford community that adjoins the Colleyville Covenant Christian Academy AKA: Colleyville Presbyterian Church Addition on the west side beg and pray that you do not allow a Zoning change in the zoning case #ZC09-004 Requested by Keith Squires. They changed the name so no one would know it was the same place. Probably wouldn't have known until the City of Bedford sent the protest form around. This school has been planning, revising, and lying about the property for the past two years. Some of my neighbors and I have been to city council meeting in the past to have a deaf ear turned on our protests. The school frequently revises the plan, and no one knows what they will come up with at the next meeting. The temporary buildings were supposed to be removed by August 2008. That all didn't happen. Under the protest of many of the long time Colleyville residents that lived on Wayne Street, they were begrudgingly coerced into selling their property and moving somewhere else. Now, the school is planning to put lights on the football field. That will be great to enjoy in our backyards in the evening when it looks like daylight. The football field is now where the second addition of a school building was supposed to have been. Again, yet another change. Their plan is a moving target. How could anyone ever know what the final plan will look like? I know that Colleyville looks to this property as a large tax base, however, this is a and has always been a residential area until the "Big Bad Gorilla" moved in and what choice does anyone have but to live here with a Bad Taste in our mouth. Talk about a bad neighbor! They moved in a quietly embedded themselves in the community and then started to expand without any consideration of the surrounding property other than to force out its long term residents. The Northwest end of the football field looked like a garbage dump with all of the trash that was tossed in that area. This was shown in a slide show presentation at one of the council meetings and just fell on deaf ears. Please do what you know is right and don't reduce our property values and serenity by Allowing a zoning change. Sincerely, a ~(• Rebecca and Je uns rd 3805 Fox Hollow Bedford, "I"X 7602 1-2 1 1 0 Copy: City of Bedford ~._.~~ Rr~r-t+tf.'~ JUL 1 4 2049 Per ,,,,,..,.,~...... Letters of Opposition -Bedford Residents DATE: J ~ 1Y ~ ~h , ~ ~ o ~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8z Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, r --Lt- •--r~,'/ S' atu (Property Owner Printed Name Property Address: ~ ~ Q ~ Fo X ~ ~ ~- L ~ ~ ~ 2 / y L~ ,~6~Fp/Z!~ ~ X ~~d 2~ ~ 21/a RECEIVED ,3UL ~. 4 2009 -~ Pet .......a..... Printed Name Letters of Opposition -Bedford Residents Judy Perry 913 Bre.stol Court East Bedford, TX 76021 July 10, 2009 Community Development Department City o* Colleyville 100 Main Street Colleyville, TX 76034 liear Sir Our property is next to Wayne Street in Bedford. We are quite concerned about the traffic, noise, and construction which would result if zoning case #ZC09-004 is approved by yo~a,r ~]Qnar#-mPnt, We respectfully request this zoning case be denied. Yours truly ,- J y Perry cc City of Bedford RECEIVED JUI. ~. 4 2009 Per ..........~.. Letters of Opposition -Bedford Residents DATE: Z--1 ~ " ~~~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: ?15, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE D.R. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, r f ,~~ . . Signature (Property Owner) ~~~~ Printed ame Signatn (Property Owner) Printed Name Property Address: ~ ~~~ ? ~ Z~~~~ ,~ ,~ ~ ~.~ FtEGEiVECI JUL ~ 4 2009 Par ............. Letters of Opposition -Bedford Residents Z~> c~ b ~ . ..~ -" Y~7cz rz.c~.cz ~-Ecs.~i-~ Jrc i rr.s 917 Brestol Cr. ~1'Uesr Bedford. Texas 76021 7Les. 817.281 A431 8ohhy~`I7anda@aolcom Ofc/fax. 8!7.4270589 July 10, 2009 Community Deleopment Dept. City of Colleyville -100 Main St. Re: Zoning Case No. ZC09-004 As Bedford residents who will be directly affected by this plan, we are writing to express our concerns with the re-zoning and expansion proposal for athletic fields as submitted by Colleyville's Christian Covenant Academy School . We live on Brestol Ct. W. in Bedford and the property involved/owned by the school is just over our back fence. We have been kept abreast of meetings by the CCA neighbors association since the beginning of the announced proposal by the school. We are and always have been opposed to this proposed athletic field for many reasons including loss of value of our home and property... and, especially now in learning that the latest proposal plan we received included the use of stadium lights which we had been told previously would not be used. Please note that even when this school has an outdoor event, which we assume may be a field day or other daytime function, the use of their PA system in making announcements beginning in the early morning hours on a weekday is very loud and annoying. This is not to mention how the use of fields for weekend and evening games would compound the problem, especially coupled with the use of stadium fights and loud speaker systems. In addition, we also are concerned with the increased traffic on Wayne Ct. which crosses Brestol Ct. for those driving to attend these games or activities. As Bedford residents - we hope you will also make note of our concerns before approving the request of the school for this re-zoning and expansion. Thank you so much for your attention in this matter. Sincerely, A J ~~-d~GU r~ ~ Wanda &"Bobby Hawkins ~ F Fri U `" ~~J •,.5~ ~~ o,~s c6:fd.m ..r.~. RECEIVED www.cofmidcities.org ~~~ ~ Q, 2008 f Par ............. Letters of Opposition -Bedford Residents 3uly 9. 2009 Bill & Catherine Clayton 3816 Oxford Ct. Bedford, TX 76021 COMMUNITY DEVELOPMENT DEPT. CITY OF COLLEYVILLE 100 Main St. Colleyville, TX 76034 Dear Friends: My family and I have lived, as neighbors, in genuine peace with those in and of Covenant Christian Academy, for many years. As a matter of fact, I have several friends on the faculty there. Furthermore, I am a genuine friend of private education. Thus, my family has absolutely NO animosity toward the school nor its people. However, as a neighbor living within a "stones throw"-less than a full city block--of the campus we hereby oppose and do protest the academy's planned expansion. The noise, traffic, and huge lights will not lend toward the peace and quiet we have enjoyed since the beginning of this area. Quite to the contrary, we anticipate a profound disruption of the historical peace and quite should the planned expansion be approved. By this letter we sincerely trust you will deny the planned request for expansion by Covenant Christian Academy. Sincerely, .~~ ,.'~ Bill & Catherin Clayton ~~ REGE{VELA JUL 1 4 2009 Pet e.....__..._.. Letters of Opposition -Bedford Residents DATE: __---~ ~ ;~'; .s> - ~- ~~~f COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signature (Property Owner) Printed Name Signature (Property Owner) Printed Name Property Address• ~ ~ t ~ ~~~r~ ``~-~~~ ~~~ ~"''~ RECEiv~D JUG. ~. 4 2009 Per ............. Letters of Opposition -Bedford Residents COMMUNITY DEVELOPMLN"I~ DEI'ARTMEN"I' CITY OF COLLEYVILI-,E 100 MAIN STRF,E"I' COI.IrEYVILLE, 'T'EXAS 7603=~ RE; ZC)NtNG CASE #ZC09-Q04 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CI-lI/EKSf'ARGER RD AND 3805, ~80~ AND 3815 WAYNE DR. COLLEYVILLE, 7'X DEAR P & Z COMMISSION: AFTER RECEiVIN+G Nt)TiCE OF THE Z4NIN~G CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE FLAN PT2OPUSED IN THE ABOVE REFERENCED CASE. SINCERELY, Si nature (Prope caner) Printed me ~C~~l(~ ~. Z~~ Pr,~in~ted /Name Property Address; ~ ~ ~ l ~ ~(.! l~..J `'~ ~ 1 ~c~ ~ a a ~-- :.. w _~~:.F JUL 0 8 2009 CITY ~F :::^~.:_ '!4'iE.LE BUlLDi;vG ;..::=,aRTMENT Letters of Opposition -Bedford Residents Lewis and Joan Bass 901 Brestol Court West Bedford, Texas 7601 Community Development Department City of Colleyville 100 Main Street Colleyville, Tx. 76034 Re: Zoning Case Number: ZC09-004 Application: Keith Squires Location: 715,901,909 Cheek Sparger Rd. and 3805, 3809 and 3815 Wayne Drive Property Description: Lots 1-4, Block 3, Southgate Addition and Lots 1 and 2, Colleyvitle Presbyterian Church Addition Present Zoning: R40-Single Family Residential and PUDC-Planned Unit Development Commercial Requested Zoning: PUDC-Planned Unit Development Commercial Please note that we object to this rezoning of property. This is for the following reasons: Wayne Drive has already become a problem. The traffic is horrible when the school begins and when it lets out. We are elderly, our son has MS and legally blind, Mr. Bass is an amputee and has just completed radiation and chemotherapy for cancer. We value our quiet neighborhood. Children are noisy and should have that right, but not at the expense of others. I can imagine what Wayne Drive will become with the addition of the school. We are not the only elderly people on Brestol Court West. This school will back upon four other residences that are older people. Have some consideration for the elderly. We have worked all our lives for what we have and should be able to enjoy the fruits of our labor in peace. Please reconsider the rezoning of this area. Why not build toward Brown Trail where there is commercial property now and would not interfere with residential property. We have the right to enjoy our twilight years. ~q RE~E~VED ~ r ~ ~U~ 0 6 2009 Per . Letters of Opposition -Bedford Residents DATE: ~ jp -- COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signature (P operty Own r} ~~ herl,~ S' (`~a~rna~ Printed Name r Signature (Property Ow/ner) ~P"~/~~`C, ~ ~~laplhdh Printed Name Property Address• ~~O o~ ~f ~(1,x 17f~ .~lp~i~' Page 1 of 1 Letters of Opposition -Bedford Residents Amy Shelley From: Ron Ruthven Sent: Friday, July 10, 2009 11:29 AM To: Amy Shelley Subject: FW: Written Protest to ZC09-004 Frorn: Erin Burchfield Sent: Friday, 3uly 10, 2009 11:15 AM To: Ron Ruthven; bsyblon@ci.bedford.tx.us Subject: Written Protest to ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots I, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is m~ written~rotest to_ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Harwood Terrace addition property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Erin Burchfield 3640 Spring Grove Bedford, TX 76022 DaVita Inc. 7/10/2009 Page 1 of 1 Letters of Opposition -Bedford Residents Amy Shelley From: Ron Ruthven Sent: Friday, July 10, 2009 7:3$ AM To: Amy Shelley Subject: FW: Protest of ZC09-004 From: scarlett burchfi~ld Sent: Thursday, July 09, 2009 11:27 PM To: Ron Ruthven Cc: bsyblon@ci.bedford.bc.us Subject: Protest of ZC09-004 RE: ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is my written .protest to ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Harwood Terrace addition property values. In addition, the increased traff c will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Scarlett Burchfield, MLS, AHIP 3640 Spring Grove Bedford, TX 76021 7/10/2009 Page 1 of 1 Letters of Opposition -Bedford Residents Amy Shelley From: Ron Ruthven Sent: Friday, July 70, 2009 7:39 AM To: Amy Shelley Subject: FW: Written protest to ZC09-004 From: Peggy McDonald Sent: Thursday, July 09, 2009 11:52 PM To: Ron Ruthven Cc: bsyblon@ci.bedford.tx.us Subject: Written protest to ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots I and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. Ths_is my written_protest to ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Bedford property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Peggy McDonald 2205 Nottingham Bedford, TX 76021 7/10/2009 Letters of Opposition -Bedford Residents DATE:.~(,~1y ~ a~~ ~ CONIMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~ Signature (Property Owner) Printed Name Signature (Property Owner) Property Address: ~ S )3 ~yx o ~ ~Ol,c) ~r . JUL 1 0 2009 CITY QI' Ci)~LEYVkLLE BUILDING JE~ARTME Printed Name Letters of Opposition -Bedford Residents DATE: ~//% COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGElSITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, c Signature (Property Owner) ~~~ ~- ~~~ Printed Name Signature (Property Owner) Printed Name Property Address: s 8ZS ~K t-f~ ~l8 (~~Y! t/-~ Letters of Opposition -Bedford Residents July 8, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 We protest the proposed zoning change for Zoning Case #ZC09-004. John & Karen Baker 916 Brestol Court W Bedford, TX 76021 Letters of Opposition -Bedford Residents Community Development Department for the City of Colleyville, REF # ZC09-004 As a neighbor to Covenant Christian Academy my family is continually impacted by changes at this school. I live at the corner of Harwood Terrace and Wayne which means the increased traffic exiting the proposed expansion can come down Wayne Dr. and cut through Harwood Terrace as an alternate route instead of entering from and dispersing to Cheek-Sparger. This is a HUGE problem. Already there are increasing problems trying to exit my home in the morning due to the traffic, including buses coming down the road. I have had my fence and landscape numerously run into from traff c ignoring the speed limit and stop signs currently in place. I have filed police reports to the city of Bedford on occasion. Our neighborhood should not become a thoroughfare for the convenience of this school. With these new exit routes it will only get worse as people become more familiar with "our wonderful little shortcut." Already there have been days were the loud speakers from outdoor events at the school sound like they are in my back yard. Public events held on their expanded property will orily increase the frequency of this issue. On top on it all now they are proposing four 70 foot tower stadium lights. All of our yards and homes to the south of this project will be encroached upon with light pollution. We have been good neighbors to Bedford Heights Elementary and have dealt with increased traffic during school times. We have done the same with the increased traffic on Cheek-Sparger due to Covenant Christian Academy. However bringing this into our neighborhood day and night is simply not acceptable. There are many families who will not benefit from the increased traffic, noise and light intrusion being proposed. I respectfully hope you will respond to our concerns regarding REF # ZC09-004 Pat Haigler 929 Harwood Terr. Bedford Tx 76021 RECEIVED Jl1l. i 0 2009 Pet ............. Letters of Opposition -Bedford Residents DA~1~F,: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KE["TH SQUIRES LOCATION: 715, 901- AND 909 CIIEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & 7 COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~Ce~. ~vRY~ ~°~17t JUL 1 3 2009 CITY Ur i:GLLEYVILLE BY BUILDING DEPARTMENT ~` Letter of Opposition -Bedford Residents Hurley Perry 913 ~.~es,tal Court ~.ast. Bedford, TX 76021 July 10, 2009 Community Development Department City of C.olleyville. 100 Main Street Colleyville, TX 76034 near Sir Our property is next to Wayne Street in Bedford. We are quite .concerned about the traffic, noise, and construction which would result if zoning case #ZC09-004 is approved by ~~~~,~ r c~~na rtmPnt We respectfully request this zoning case be denied. Yours trul ,~ f T ' ~~' ~~~ J H ley erry cc City of Bedford RECEIVED JUL 1 7 2009 Per ............. Page 1 of 1 Letters of Support Amy She{{ey From: Ron Ruthven Sent: Tuesday, July 14, 2009 1:51 PM To: Amy Shelley Subject: FW: Planning & Zoning -Covenant Christian Academy A letter of approval. From: jilt delp Sent: Tuesday, July 14, 2009 1:39 PM To: Ron Ruthven Subject: Planning & Zoning -Covenant Christian Academy Ron, My family has lived in the Saddlebrook neighborhood for 10 years. My children attend public school. I ask that you consider the benefits neighboring homeowners reap from a strong private school in the area. If you ask anyone in Argyle who has had a home on the market in the past few years, they will tell you that many families are moving to Argyle because of Liberty Christian School. While traffic, lighting and noise should certainly be considered, we too need to realize that what is good for CCA, may very well be good for our home values. Thank you, Jill Delp 214-402-4713 ~i~ ai~nc~9 From: Hardesty, Michael Sent: Friday, August 07, 2009 2:44 PM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 Mr. Ruthven, I am a Covenant Christian Academy parent and wish to share my support for rezoning the school's property along Wayne Drive to allow for the construction of our new Grammar School facility. The rezoning is a key element of our school's long range development plans, and will help facilitate a strong future for the school and our community. Covenant is a biblically-based school which attracts good families to Colleyville with both strong values and sound principles. Through this rezoning activity and expansion of the school's facilities, it will allow Covenant to continue its development of the future leaders in our community and the nation as a whole for years to come. Thank you for your support of this rezoning proposal. Kind Regards, Michael Hardesty 6114 Mustang Trail Colleyville, TX 76034 From: The Smays Sent: Friday, August 07, 2009 2:07 PM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 Hello Ron Ruthven, I am a Bedford resident, and I would like to express my support for modifying the PUD to give Covenant Christian Academy the flexibility for building the school as needed in regards to type, number and location of facilities, to allow for the construction of the new Grammar building on the lots on Wayne Drive that CCA owns. Zoning Case Number ZC09-004 Best Regards, Kim Smay 1805 Rollingwood Court Bedford, TX 76021 817-545-8355 From: Mike O'Neal Sent: Friday, August 07, 2009 11:08 AM To: Ron Ruthven Subject: Zoning Change I'm writing to express my support for the proposed zoning change (Case # ZC09- 004}. I have been a resident of Colleyville for the past 8 years, but have just recently decided to send my children to CCA. We feel that CCA brings a very good reputation to our city and that this proposed plan will be beneficial. Not only will it bolster the school, but it will be pleasing visually and help with the flow of traffic. I kindly request that you consider passing this proposal. Sincerely, Mike O'Neal 1500 Oak Knoll Colleyville, TX 76034 From: Jim Boots Sent: Friday, August 07, 2009 11:19 AM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 I would like to express my support for the zoning change request referenced in the subject line of this Email. Thank you. Jim Boots VP Residential Sales Protection One 972-916-6132 (office) 76132(Avaya) Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, August 07, 2009 1:39 PM To: Amy Shelley Subject: FW: Zoning Case #ZC09-004 From: Don O'Neal Sent: Friday, August 07, 2009 1:38 PM To: Ron Ruthven Subject: Zoning Case #ZC09-004 Dear Sir, am writing in support of Zoning Case #ZC09-004. I have been a resident of Colleyville for the last 13 years and I'm very proud of our city. Our city is privileged to have CCA located here. They add a lot to our community and our citizens. This zoning case will allow CCA to upgrade and improve facilities. I believe these improvements will be very beneficial to our city and community. I ask for your support in this zoning case. Thank you, Don O'Neal 8/7/2009 Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, August 07, 2009 1:11 PM To: Amy Shelley Subject: FW: Zoning Case Number ZC09-004 From: Julie Anderson Sent: Friday, August 07, 2009 12:14 PM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 RE: Zoning Case Number ZC09-004 Dear Mr. Ruthven, I want to express my support for the zoning change request to allow Covenant Christian Academy proceed with their building plans. I know that the faculty, staff, students, parents and others affiliated with the school will be careful to be good citizens and neighbors to those who might be impacted by these changes. We so appreciate the support of the City of Colleyville in our ministry to families in the education of their children. Sincerely, Julie Aipperspach Anderson, Ph. D. Parent and Substitute Teacher at CCA 8/7/2009 Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, August 07, 2009 1:11 PM To: Amy Shelley Subject: FW: Zoning Case Number ZC09-004 -Covenant Christian Academy From: Blackburn, David (GE Infra, Aviation, US Sent: Friday, August 07, 2009 12:11 PM To: Ron Ruthven Cc: Headmaster@ccanet.org Subject: Zoning Case Number ZC09-004 -Covenant Christian Academy Dear Mr Ruthven, CCA is seeking to modify the current PUD so as to give us more flexibility in terms of the type, number, and location of facilities that will ultimately be constructed on the property. Specifically, CCA is asking the City to modify the current PUD to allow for the construction of the new Grammar School facility on the lots that CCA owns on Wayne Drive. I am in full support of CCA's request for zoning change, and I respectfully and graciously request your support for this particular zoning alteration. CCA's positive impact on our children, families, communities, and country is quite remarkable. The outreach, compassion, care, and influence that CCA offer's the youth in our communities is unparalleled. We would greatly appreciate your support and approval in allowing CCA the flexibility and creativity to establish these outstanding facilities for future generations to come. Thank you for your consideration, and please feel free to contact me anytime if should require additional information. Warmest Regards, Dave Blackburn CFM56-7 Business Development /Program Manager General Electric Aviation Materials 5201 Regent Blvd Suite 130 Irving, TX 75063 972-536-8416 (Office) DC: *244-8416 972-536-9140 (Fax) DC: *244-9140 469-628-9018 (Cell) $/7/2009 Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, August 07, 2009 1:11 PM To: Amy Shelley Subject: FW: Vote Yes for Zoning Case #ZC09-004 From: amy Sent: Friday, August 07, 200911:51 AM To: Ron Ruthven Subject: Vote Yes for Zoning Case #ZC09-004 Dear Mr. Ruthven, I am writing to you in support of Zoning Case ZC09-004 for Covenant Christian Academy. Our family is a long- time resident of Bedford but utilizes many services within the city of Colleyville. Our children have been attending Covenant for eight years with many more to come as our youngest is just starting Kindergarten. We support the school as it brings aworld-class education to the students. I believe that the school is a huge benefit to the city as it attracts people from around the area to Colleyville. The school is also an ambassador to the city through its participation in school activities across the state. I believe that the expansion of the school will be beneficial for the city and does not have to be a derisive issue. As I look around Colleyville and Bedford, I see schools in the middle of neighborhoods all around, just like CCA believe that CCA is good for the city, and I hope that the city will continue to work positively with CCA. It really can and should be a win-win for both parties. I appreciate your attention. Sincerely, Amy Sargent 8/7/2009 From: Randy Black Sent: Sunday, August 09, 2009 5:53 PM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 - CCA Dear Ron Ruthven, I'm emailing you to request your support in our zoning change so that Covenant Christian Academy can construct a new Grammar School for our growing enrollment and to replace our aging portable units. Our oldest daughter has been attending CCA for over 3 years and our youngest will be attending in a couple of years. We have seen first hand the wonderful education our daughter has received. As long time residents of Colleyville we seek your support. Thank you for your consideration of our children, Randy Black 3004 Glen Dale Dr. From: lynn Ohara Sent: Saturday, August 08, 2009 9:50 PM To: Ron Ruthven Subject: Re-zoning Dear Ruth, As a citizen of Colleyville, I am interested in seeing that the CCA school continues to grow and be a fine addition to our city. I am particularly interested in the city's intent to rezone this property so they might build their grammar school. It will be a wonderful addition and allow for the removal of the mobile units that serve them now. Please consider Case ZC09-004. This is important to the school and their timing to break ground and build. Thank you, Lynn O'Hara 2615 Meandering Court, Colleyville -----Original Message----- From: Lee Martin Sent: Saturday, August 08, 2009 2:32 PM To: Ron Ruthven Subject: Zoning Case Number ZC09-009 I support the proposed zoning change for Covenant Christian Academy. (Zoning Case Number ZC09-004) Thank you..Lee t.«.-a,mn.,-s~n Dtw PrapwMa P.Q Box 1~'! Coi~yriR, T% 71BLtBA -BA.42%.6780 x-t01 eer et~.~zr.s~Bt cM et~.9se.BOSo From: Marie Holman Fitzgerald Sent: Saturday, August 08, 2009 12:37 PM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 Ron Ruthven, As a resident of Colleyville, we wish to support the zoning change as requested by Covenant Christian Academy which would allow them to start construction on the new Grammar School Building. CCA is asking the City to modify the current PUD to allow for the construction of the new Grammar School facility on the lots that CCA owns on Wayne Drive .Zoning Case Number ZC09-004 Thank you for your consideration, Marie Fitzgerald 4804 Prestwick Dr Colleyville, Tx 76034 817 540 2806 From: Wright, Lisa Sent: Saturday, August 08, 2009 7:46 AM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 Dear Mr. Ruthven, CCA is seeking to modify the current PUD so as to give us more flexibility in terms of the type, number, and location of facilities that will ultimately be constructed on the property. Specifically, CCA is asking the City to modify the current PUD to allow for the construction of the new Grammar School facility on the lots that CCA owns on Wayne Drive. We have 2 children attending CCA. They are in 1 S` and 2"d grade. Our 2"d grader is attending class in a portable building this year and we are so looking forward to a nice new building for the students and teachers to be able to move in to. We would appreciate your support and any action you could take on our behalf! Thank you so much and God bless you, Ronnie and Lisa Wright 1612 Wimbleton Dr. Bedford, TX 76021 817-545-4305 From: Duke Skarda Sent: Monday, August 10, 2009 8:06 AM To: Ron Ruthven Subject: Covenant Christian Academy's new PUD Hi, Ron. My family and I moved into Colleyville in July. I'm the CIO at a company called The Planet in downtown Dallas and we live in the Saddlebrook subdivision near Brown Trail and Cheek-Sparger. I have to say that we absolutely love it here. The trees, the parks, the easy access to restaurants and services are GREAT. We moved here from Boulder, CO, and are having a great time. One of the primary considerations that caused us to select Colleyville over Southlake or Grapevine is the proximity to our kids' new school, Covenant Christian Academy. It's a great asset to the community. Even though we've only been here a month, it's clear to us that people in the community are proud of the school. Every time we mention that our kids will attend there, whoever we're talking to loves to engage in talking about the school. And very few of those people have ever had anything to do with the school. It's been a very pleasant surprise to see how important the school is to the people here in Colleyville. I wanted to write to you regarding the new PUD that the school is working through the process. I'm sure that you're aware of the particulars of the new PUD so I'll just say that I want to express support for it. We think it will be great to get rid of the portable units, keep the ball fields and move some of the traffic off of Cheek-Sparger. It will make the whole campus look and work better. Do you have enough information regarding the new PUD and do you have any reservations? We'd certainly appreciate your support. As a new member of the community, let me also ask if there's anything I can do to help out... Thanks, Duke Skarda 303.521.877 (cell} From: Steve La Mar Sent: Monday, August 10, 2009 7:50 AM To: Ron Ruthven Subject: Zoning Case Number ZC09-004 Dear Mr. Ruthven: I am writing in support of the zoning change in regards to Covenant Christian Academy. We are in full support and are asking the City to modify the current PUD to allow for the construction of the new Grammar School facility. The school, the administration, the faculty, and the students are the type of individuals that we want making a difference in our community and the world. We believe that these facilities will assist greatly in this goal. Covenant Christian Academy, partnering with the City of Colleyville, can help grow the already positive impact of Colleyville in this area and region. Thank you for your consideration and support of this fine institution of learning. Steve and Rebecca LaMar 2904 Pecan Circle Bedford, TX 76021 817-358-9550 From: Pravin Raj (praj) Sent: Monday, August 10, 2009 5:27 PM To: Ron Ruthven Cc: Ellie Raj Subject: Zoning Case Number ZC09-004 Ron, As citizens of Colleville, my wife and I would like to express our support for the zoning change that will allow Covenant Christian Academy to begin construction of their Grammar School buildings. Both our children go to CCA and we are extremely proud of the education and environment at CCA. These buildings will go a long way in establishing CCA as the preeminent private school within a 20 mile radius and will significantly increase the brand of "Colleyville" as the desired destination throughout the metroplex. We hope you will approve this zoning change. If there is any information we can provide to support this request, please do not hesitate to calUemail. Thanks in advance Pravin & Elie Raj 7205 Thames Trail Colleyville, Texas 76034 From: SK Daniels Sent: Tuesday, August 11, 2009 1:57 PM To: Ran Ruthven Subject: REF: Zoning Case # ZC09-004 Dear Mr. Ruthven: I would like to express my support for this zoning change to modify the current PUD to assist Covenant Christian Academy with their facility changes. Thanks for your consideration on this matter. Sincerely, Karen & Sam Daniels 3001 Rustic Woods Dr. Bedford, TX 76021 From: Cheryl Leb Sent: Tuesday, August 11, 2009 1:45 PM To: Ron Ruthven Cc: doug_leb@yahoo.com Subject: Zoning Case Number ZC09-004 Dear Mr. Ruthven, My name is Cheryl Leb, and my husband and I are citizens of Colleyville. We are also Covenant Christian Academy parents, and we want to express our support of Covenant's zoning change request. We have two daughters, Lauren and Georgia, who are in 3rd grade and kindergarten, respectively. Covenant's expansion of its grammar school is near to our hearts as we have two children of grammar school age. Covenant has become a haven for our children, and we want to express our thanks to the City of Colleyville for working with Covenant to expand the school thus far. Please continue to work with Covenant, as we respectfully request that the City grant Covenant's request to modify the current PUD so that Covenant will be able to continue to serve its families and provide Colleyville with truly one of the best private schools in the area. While we will personally benefit from the new granunar school, I sincerely believe that Colleyville will also benefit by being able to offer Colleyville families atop-tier private school in the heart of Colleyville and just minutes from their home. Thank you for your consideration, Cheryl Leb 525 Haverhill Lane Colleyville, TX Cheryl P. Leb 201 Main Street, Suite 2500 Fort Worth, Texas 76102 (817} 878-3547 (phone) (817) 878-9747 (fax) www_khh.com CONFIDENTIAL NOTICE' This electronic transmission and any documents or other writings sent with it constitute confidential information which is intended only for the named recipient and which may be legally privileged. If you have received this communication in error, do not read it. Please reply to the sender at Kelly Hart S Haitman LLP that you have received the m€ssage in error. Then delete it. Any disclosure, copying. distribution or the taking of any action concerning the contents of this communication or any attachments} by anyone other than the named recipient fs strictly prohibited. From: runner Sent: Tuesday, August 11, 2009 6:39 PM To: Ron Ruthven Subject: Zoning Case ZC09-004 RE: Zoning Case ZC09-004 Dear Mr. Ruthven, We are Stan and Pam Southers and have been residents in Bedford for the past 22 years and our two children have attended Covenant Christian Academy (CCA) for the past seven years. We are writing to express our support for the proposed zoning change as detailed in the subject case. CCA has been an outstanding institution for our children and many other families' children in the Mid-Cities and Colleyville areas. Its academic record, service to the surrounding community, and placement of students in four-year universities is notable. The proposed changes will strengthen the capabilities of the institution and fiarther highlight this little corner of Colleyville on the map. As you are probably aware, fine schools like CCA are one of the attractions that draw people to communities such as the Mid-Cities and Colleyville, increasing the overall profile and economic vitality of the community. We urge you to contemplate these as you consider the zoning change before you. Thank you for your consideration. Sincerely, Stan and Pam Southers From: Laura Bennett Sent: Tuesday, August 11, 2009 6:23 PM To: Ron Ruthven Subject: ZC09-004 - in support of CCA's request Dear Mr. Ruthven, I am sending this email in support of Covenant Christian Academy's request to modify the current PUD to the City of Colleyville. Reference number ZC09-004. Thank you, Laura Bennett From: Bobby Adkins Sent: Wednesday, August 12, 2009 4:28 PM To: Ron Ruthven Cc: 'Ballpark200' Subject: Your Consideration to be In Favor of CCA's PUD Change Hello Ron, We are Colleyville residents. My name is Bobby Adkins and we reside at 1805 Thames Trial in Colleyville. We would just like to email for your support of the PUD change for CCA. It seems the traffic study has told us it helps the traffic on Cheeks-Sparger and many other positives for Colleyville. Thank you, Bobby Adkins 817.461.4690(0) 214.394.6165(c) -----Original Message----- From: Stephen Collins Sent: Thu 8/13/2009 12:01 AM To: Ron Ruthven Subject: Support Zoning Change #ZC09-009 As a resident in The Saddlebrook Addition in Colleyville, I want to voice our support to modify the current PUD to allow for the construction of the new Grammar School facility on the lots that CCA owns on Wayne Drive. Through the years we have watched CCA grow and build very attractive buildings with wonderful landscaping. The Academy is an asset to our neighborhood. Speaking of neighbors, CCA has always been sensitive to her neighbors--- for example -- inviting neighbors to attend the plays put on by the Drama Dept. I personally enjoying seeing the students go from class to class in their uniforms and to realize that one day some of them will ultimately be home owners and business owners in Colleyville. Thank you for your consideration in modifying the current PUD. Stephen and Jane Collins 1009 Inwood Lane 76034 817 281 4150 -----Original Message----- From: Alex & Stacey Hatcher Sent: Wed 8/12/2009 8:57 PM To: Ron Ruthven Subject: Covenant Zoning Request Case # ZC09-004 Dear Mr. Ruthven, This is a request to approve the zoning change request from Covenant Christian Academy. As a new family at Covenant I can assure you that the new buildings along Wayne Drive are desperately needed and it will be a great improvement along Cheek Sparger to remove the final portable buildings there and relieve the traffic congestion during dropoff and pickup of our children. Covenant is an excellent school with a classical education which is unlike most schools in this area. The academics are especially strong at Covenant and it is a great asset to the community. The improvement in the physical structure of the building will just make it even better. Please consider our request to approve the changes. Thank you, Stacey Hatcher, M.D. Alexander Hatcher, M.D. -----Original Message----- From: orth Sent: Thu 8/13/2009 9:22 PM To: Ron Ruthven Subject: modification of PUD To whom it may concern, Please consider modification of the existing PUD to allow construction on Wayne Drive for my children's school, Covenant Christian Academy. Please approve CCA's request for the zoning change. Thank you. Kristi Orth 2910 Southridge Drive Grapevine TX 70651 From: Mikell Tomlinson Sent: Tuesday, August 18, 2009 1:57 PM To: Ron Ruthven Subject: Zoning Case ZC09-004 Greetings Ron, I am writing in order to voice my support to Covenant Christian Academy's request for zoning changes on Wayne Drive case number ZC09-004. Hopefully it is not too late to weigh in. Best Regards, Mikell Tomlinson 2005 Kyle Ct. Coffeyville, TX 76034 817-688-6561 Statement of Planning Objectives ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAS The property for which this proposed zoning is to occur is located at the southwest corner of Cheek Sparger Road and Wayne Drive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see attached legal description). It is the intent of this zoning application to redact the current zoning for the property and rezone the property into one zoning classification (PUD-C) to be used primarily for church and educational use as described below: PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1972. The objective of this PUD-C request is to move forward improving the Physical Plant so as to better serve the students and faculty within our school with improvements in our academic, athletic and recreational facilities. Grade school classrooms are planned with the appropriate recreational areas appropriate to grade levels. Athletic field improvements are also included to promote on campus training, practice and game facilities for our school teams as well as outreach opportunities for serving assorted local clubs and associations. Athletic field shall be lighted for nighttime use. Finally, a future high school building and an enclosed multi- purpose facility is planned as part of our long-term goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Owners (Covenant Christian Academy - "CCA") will immediately move forward with a replat request (the replat may proceed concurrent with zoning request). The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timeframe. Two of the portable buildings have already been removed in accordance with current PUD requirements. This request will incorporate that condition into our PUD-C. Construction of the three (3) grade school buildings will begin almost immediately (Phase 1). These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings are not on CCA-owned property and are located outside of the area of our PUD-C request, the removal of those buildings is herein represented as a condition of our request. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE I Realize that the proposed development of this property is planned to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated art studio, music room, and science lab. The development is not intended to accommodate an influx of additional students in excess of the current enrollment. Per the Site Plan, the number of students that attend CCA is not expected to significantly increase upon project completion. Presbyterian Church in America -Colleyville, Texas ("Colleyville Presbyterian") was the entity that started CCA. The school became independent of the church in 1999. CCA has been in operation for many years and has been a good neighbor and citizen in the City of Colleyville. Numerous residents of the community have contributed vast amounts of time and monetary resources to further this private school. CCA owns the majority of the property along the west side of Wayne Drive with the exception of Lots 1 and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is apart of this PUD. The original 10 acre portion of CCA property was purchased with the anticipation of the construction of school facilities on the Property. This zoning change is necessitated as a result of the City's zoning ordinance which does not allow additional construction of educational facilities on the CCA property without approving a new PD Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therefore consistent with the existing use of the Property. Conversion of the existing Property of CCA into its proposed use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. City of Bedford residential neighborhoods are located to the west and south of this development. The athletic field and treed area on the southern portion of the property (trees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. The existing athletic field will remain in approximately the same location, thus having little additional effect on the neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request. The area east of Wayne Drive, across the street from this Property, is comprised of vacant land zoned for Agricultural use and two remaining residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this property across Cheek Sparger Road (zoned PUD-R). Prior zoning changes (PUD's) on this property attempted to satisfy CCA requirements, but contained numerous concessions requested by adjoining property owners. Since the most recent PUD-C, CCA has acquired additional properties along Wayne Drive, thus eliminating all but one of the prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Colleyville Presbyterian property as well as those that are to be acquired (Lot 1). DEVELOPMENT SCHEDULE The stages and phases of development are planned as follows: ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2 Phase 1 - Grade School Construction (begin immediately and finish in approximately 15 months) Phase 2 - Multi-Purpose Facility Construction (no completion date established) Phase 3 - Athletic Field (no completion date established) Phase 4 - High School (no completion date established) * Realize that much of the timing of construction will be dependent on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change other than the fact that Lot 1 is expected to be acquired by CCA contingent upon zoning approval. STATEMENT OF UTILITIES/INFRASTRUCTURE TO BE PROVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to all of the Property. The attached preliminary engineering drawings detail the proposed water, sewer and drainage infrastructure that will be constructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist or will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire length up to just south of the first driveway entrance (approximately 625 Linear feet). This will be a City regulation street (30' f-f width) with 4' standard sidewalk along the west parkway. Based on conversations with City Staff, we realize that we would be required to construct our half of the required 30' City street section for our entire frontage along Wayne Drive (or pay perimeter street fees). What we have proposed is 625 feet of the full street section while our frontage is only 1,100 feet. Recent improvements to Cheek Sparger Road have already been made by CCA as required by the earlier PUD-C. IMPACT FEES: Granting of this request will not introduce additional students to this location. The classrooms in Phase 1 will replace the existing classrooms currently located in the Portable Buildings. No net increase in impact will be felt from these improvements as we are simply relocating existing students into the new, larger classroom and appropriate educational spaces. By this application we are requesting following consideration and adjustment on the applicable impact fees: ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 3 1) Roadway Impact and Perimeter Street Fees: Full impact fee credit allowed for the amount of road way improvement both to Wayne Drive as illustrated in this request as well as the previous substantial improvements along Cheeksparger Drive. We request that the required street and sidewalk construction be limited to what is shown on our Site/Concept Plan and related engineering plans. 2) Parkland Dedication Fees (if any apply): Full impact fee credit shall be allowed for the playground/recreational areas and the athletic field improvements contained within this request. 3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of property along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings will be totally offset by the elimination of the impact now present with the portable classroom buildings to be removed from site. 4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due to the effort taken to preserve the majority of the existing trees located at the southwest corner of the property. Over 90% of the existing trees on the overall property are to be retained. This instrument is attached to an incorporated into the zoning application signed by the Property Owners and their representative. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 4 Conceptual Site Plan ~~~ - ®II ~I it ~~I __ Nlt ~~~ ~ gs a ~~$~ n ~ ~$ er ~ ~~~~ ~ ---Ti ~~ ~~ 5890Tmm'ILL _ _ T5961' I ~ ,, 15IDm' N H~s'~m'E 3493T ,.. i ~ __ ~~~ ~~ E~~ ~~~ ,~ I ~ (' II __ ~ ' I ~--- ~I ~: I ~~ ~~ Q I ~ l~r ' ~ ~ ~ , 1 1 ~~ . _ .__i ~---- ,. I ~~F ~~ Z I\ r - - g~ ~~<~~~ A ~~~° ~• I ~g~s~ ~~$A~~a A~ ~I ~#~~Fb ~° LDArm ~{~~~ -- J w ~nP _ A S I ~§~+~~ i <~+~FpO ~~~~ Z - __ rw" ~ ~~~ss ~~A+~~ <~~F- ~ ~~m~ I ~ ~--- - -- ~~As~~ I <°~~F~ j ~~~"m ~- --- ~ ~g~~~ ~A@iiyy Sm ~~~~~~ i r----___----~ --- - I'I ~ 4~7A ~ ~ ~~ I7 I - - - - I 17 j~ ---- f { __ {i --s n `: - _ III = I f~~ri: ~~` r- - - ~ ~' - -~ } ~ ~ ~~ e m Ijg I n Ia 6 - ~ 11 gg - A $ 3 i m - ~I - _- - i Zf _ ~ I I ~ I U .- -- II I I ~~ - I.I L------ ~ s ~I, ----~ ~ ~ ~~ ~ WC17 0? I,~ {F ` ~a } 3 ~~ ICI ~ 9 ~ -- - -~II ~ ~ ~ ~~ ~ I I ,~ ~ ~ - - -~ I ~ -_r~ ~ ~~ ~ ~ ~ i ~ I J a ~ ~'~~ I I ._ ~ f ~' ~~ ~ I Sesmrmiwreza I dJ 17 1 L{9 I 1 , d I ~ ~;;i ' ,~ I ~ ~,I'I I I y t~ I`! 111 ~ II a I ' N 89®4 rew 315.9m' ~ --------- a Q ~~~~~ F ~F¢ - ~~~8~ a D ~~ $W ¢ ~ ~ _N ~ $~ ~ Z a~ ® H Building Elevations i %y /l f ~ Y ~/ ~ .~s~ .. s~ ~ . ~ .; e ~~/ i ._H .k~- /. l~~~-~ ~~ / Y~. ~/` Y ;1 ~~`1 C ~ ",~„ t ;` ; ^ ~ .4^~ . \ .k, 1 \~ 4 l` ` `~i M 1, __ 11 \ • ^ a,'~ ;~~ ,~ 1 - ~, ~r1; ~. i f ~, i ; s; 4 !, ,°b y~, 4T , L t ~ ~ ~ i ~ ; .n'a~.~~.+ .~yy a.~56 4 {!. 5. S wpb W { { w..,~ I ... - ~.`. t .,~, I~~ :. i~ I 1 f ~ r ~{~~ i ~ ~ ., '~.1 ~~. ~ - ~'~Y~y . i ~ i u 7~ ~ ~,. f. ~ ~ Bleacher Details ORDINANCE 0-99-1139 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 14.79 ACRES OUT OF THE A. CHRISTIAN SURVEY, ABSTRACT 339, TRACT 4, 4A2, AND 4A, AND LOT 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION OF THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT WITH SPECIAL USE PERMIT FOR PRIMARY AND SECONDARY SCHOOLS AND R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL); PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Lynch, agent- for Presbyterian Church in America, on November 13, 1998 under Case No. Z- 98-047; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, the Planning and Zoning Commission and the City Council have determined that the proposed planned unit development as presented herein is consistent with the goals and objectives of the Master Plan of the City of Colleyville, Texas; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated on Exhibit A) are hereby Ordinance 0-99-1139 Page 2•of 10 amended insofar as they relate to certain land located in Colfeyville, Texas, described by metes and bounds on the attached Exhibit B, by changing the zoning of said property from Agricultural with a Special Use Permit and R-40 Single Family Residential to PUD-C (Planned Unit Development -Commercial) together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the City Council which are incorporated herein by reference including, but not limited to the conceptual site plan which is attached as Exhibit C to this ordinance and the statement of planning objectives which is attached as Exhibit D to this ordinance. A combination landscaping and durable non-wooden fence simi{ar to that shown on Exhibit E shall be constructed adjacent to the common property line between this planned unit development and the residential property to the east where indicated on the attached site plan Exhibit C. Sec. 2. THAT the zoning regulations of the City of Colleyville shall remain applicable to this development except where specifically provided for in this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~ day of 1999. T e second reading and public hearing being conducted on the ~ da of Y an _, 1999. ST: CITY OF COLLEYVILLE Q~~ ~ Harris, CMC ichard ewton Secretary Mayor Ordinance 0-99-1139 Page 3.of 10 APPROVED AS TO FORM AND LEGALITY: ,,~ Ross T. 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N ~1 ~ * q a » a r a n s f` r • is » s a • r a ~ ; • r ~ • • • s • • ~ s N s s ~ • q • • ~' ~ V • q ~ • N ~ • r • 7 • r A s ,_cN ~~ t r f q f q f p •• „ A !~ ~ t f a r r r '. • tl • N • q • r I ~ • • i • ~ • » • r • •• s r • • • 9 ~~ ~ ~ r r •• a ~ , w•s c q • e~ . ~ • : a • • • s •• q ~ a • •• wrs • •~• ~+• ` a ~ `O s ~ ~~ 9~ • uA asr ~ ___ ~' • • • i] r s s • q n • s t • w + • -~-'li---------- - - -- - S • • f s s• a a• • • a a • • •• '~ • r •• r r N r 0-99-1139 '~ Exhibit "A» • COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH iN AMERICA 715 CHEEK-SPARGER COLLEYVILLE, TEXAS LEGAL DESCRIPTION Being a tract of land situated in the A. Christian Survey, Abstract No_ 339, Tarrant Cotmty, Texas, and being more particularly described follows: Beginning at a point by deed call being in the north line of said A. Christian Survey, 1113 feet west of the northeast comer, said point also by deed call being in the center fine of Cheek- Sparger Road; Thence South 89 degrees 58 minutes 23 seconds East, abng said north line of A. Christian Survey and center line of Cheek-Sparger Road, 239.53 feet to a point, said point being the northwest comer of a trail of land described in a deed to Gary L .Cantrell, recorded in Volume 0198, Page 2ti05, Deed Records Tarrant County Texas; Thence South 89 degrees 58 minutes 23 seconds East, along the north line of said Cantrell tract, 108.17 feet tb a point, said point being the northeast comer of said Cantrell trail; Thence South 1 degree 38 minutes 7 seconds East, along the easterly line of saki Cantrell trail, 354.99 feet th a point, said point being the southeast comer of said Cantrell tract, said point also being in the west line of Lot 1, Block 3, Southgate Addition, an addition to the City of Gt~ileyville as shown on a plat recoMed in Volume 388-4-2, Page 89, Plat Records Tarrant County Texas; Thence South 01 degree 38 minutes West ,along 1Alest line of Block 3, Southgate Addition: 989.T0 feet to a point, said point being the southwest comer of Lot 5, Block 3, of said Sot~thc~ata Addition, said point also being in the north line of a tract des:,tibed in a deed ro Northeast Construction Company, recorded in VolurrEe 6292, Page 118, Deed Records Tarrant County Texas; Thence North 88 degrees 11 minutes 53 seconds West, along said north line of Northeast Construdion Company tract, 328.20 feet to a point, said point being the northwest comer of said Northeast Construction Company trail, said point also being in the east line of Lot 22, Block 1, Northmont, an addition to the City of Bedford as shown on a plat recorded in Volume 388-•107, Page 82, Plat Records Tarrant County Texas; Thence North no degrees 38 minutes 30 seconds East 1108.OJ feet to a point, said point being the northeast comer of Camelot Estates, an addition to the City of Bedford as shown on a plat recorded in Volume 388-112, Page 52, Plat Records Tarrant County; Thence North 89 degrees 26 minutes no seconds West 839.29 feet along the northerly line of said Camelot Estates; Thence North 1 degree 30 minutes 30 seconds East ?26.41 feet; Thence South 89 degrees 24 minutes 55 secorcls East 839.27 feet to the Point of 8e~ginning and containing 14.79 0-99-1139 Exhibit "Q" ~T°s ~ ~ b Y b ~ j 7~~ ! ~~ ~; ~~~~~ e~~bra~~~~~~~G~ as R i fibg; ! ~~~ ~~ ~~, ~~L~~~bs~~s~ ^ i~~~~~~~~~~ I' ?~ ! ~pb~ as sE~ 6Ij•Fi~~ ~sa•rRY~~g! ~R" ~~ ! ~ "s ~i~s ~ s T ^a t "ig$ae"i ~a.~a~~l~Ss[~a~L~ "49 ~ ~7x~$ ~3~~t$ ~ ~'s~F~~ ~ l ~ s ~ t *~ ti ~~~ ~~ ~~lj ~;`~ ~j~~} t`~ ~ t ~ {~ ~~~ ~; ~~_~ ~~~ ~~~f~ Ida I f IY yY•~ ~~ ~i cfx~ cj c~€jt c•~ ~ ~~~' •~~ cff~ a ~i Ec~ s st f'1 cE;j cd ~I~a se ~ c~ i :;; c~ ~ c~ ab ~~4~~ EXHIBIT 'C' - 0-99-1139 ^ c z c c - _ .. m a U ~ E~ ~.. G ~~ d' ~ =a s ~g ~~ ~~ ~~ ~~ L ~a a ~~ ~ Y~ L e~ ~ ~~ ~i E Y ~ z Y ge~ I 3 ~ aa ~ ]s~ ~ ~ Y 4 g !! G ! [ tS S E ~€ ~~~~ ~~~~ ~~~ ~~ b .~ g~Rb ~~I~ ~~~~e44~ 3 _ b ~be~ ~ ~ ~ Y ~1~~ 5~5~ ^ ~ Q y R J ~ / i;~~~~ ~~~ ~; ~~~ ~~~` ~~~~` ~ ry~E R_~3 ~ 1 Y~C,~2'~ ~ b~~ w R ~ !~ ~ R~ ~'~ ~ ~e t~~c~i~ ~g ~a~lE ~ R x ~~ ~ ~~ ~ ~clll !irt~7 ~~~ - ire gg~r - spa Ai ~ ~ s: i[ -M • --b• 2 R ~ ~~ ^ i : g i_6 m F ~~~ ~ ~~4 ~~I ~1 ~~~ a ~~~ 8~~~ ~4f ~~~ s s _- B s ~ ~ ,.. ,m T . 1 A ~ ~ g ~ ~ ~ ~ i 4 r_ _' 1 D ~ ~ i i __ __J is i ~, ~l~~~~~ r 1 f ~1 ~~ ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESB~ CHURCH IN AMERICA - COLLEYVII.LE, TEXAS PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and arty accessory uses Incrdental and secondary to the allowed principal uses. PROHIBITED USES Uses not expressly permitted in the Permitted Uses stated above. STATEMENT OF PLANNING OBJECT'lVE_S Upon grant of the zoning change requested herein, it is anticipated that the Property Owners will immediately move for replatting of the Property to conform with the plan set forth on the Site Plan. The renovation of the existing house for kindergarten classrooms on the northeast corner of the Site Plan will commence almost immediately. After the kindergarten classrooms have been renovated, students will be moved from the Brown Trail satellite kindergarten facility of Covenant Christian Academy ("CCA") to this ficility and the old satellite kindergarten property will be sold. The gymnatorium shown at the north end of the Property will be constructed as soon as pos~~ble, based on the results of fund raising activities. Without limiting the right of the Applicant to delay won until a later date, the Applicant hopes to commence construction of phase two shortly after the first of the year in 1999. It is also anticipated that with construction of the gyaulatorium a portion of the classroom building adjacent to the gymnatorium will be commenced and completed. These initial improvements will provide enough space to eliminate the portable classroom buildings on the Church Property which fomns a portion of the Site Plan. In addition it is anticipated that upon completion of the initial phase, the high school students which are currently housed in the First Baptist Church of Coneyville facilities will be moved orno the Site Plan property. The building to the south adjacent to the proposed baseball field will be constructed in a longer range phase. Without limiting the right of the Applicant to commence construction at a later dater it is hoped that the c~nsmlction on the central portion of this latter phase building can be commenced within two to three years. The latter phase facility is intended to be the middle school and high school facility for the ATTACrnKENT TO PUD.C ZONING CHANGE APPLICAT[ON PAIGE 1 OP 3 o-ss-1138 Exhibit "D" campus. The portions of that facility indicated for gymnasium and fine arts are of a longer range, as well as the separate wing indicated for middle school. The athletic facilities on the Site Plan will be constructed as soon as possible, but as indicated are not to have lighting for night play. Presbyterian Church in America - Colleyville, Texas ("Colleyville Presbyterian") is the active force behind CCA. CCA has been in operation for fifteen years or longer and has been a good neighbor and citizen of the City of Colleyv171e. Numerous residents of the conununity have c~tnbuted vast amounts of time and monetary resources to further this private school. The ten acre CCA portion of the Property was= purchased several years ago, with the anticipation of the construction of school facilities on the Pi operty. After the Property was pwchased, the City changed its zoning ordinance, which no longer permits the construction of the educational facilities on this Property, as it did when the Property was purchased:. The current zoning ordinance permits educational facilities in PUD-C and in-a categorical tuning which commercial or hire (but not in residential). This change has necessitated the subject Application. The use of the Property has long been planned and has been existent' for a number of years. The requested change is therefore consistent with the S use of the Property. Conversion of the existing Property of CCA into the use for which it was purchased (and formerly permitted bfy prior tuning ordinance) is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City. CCA has held public meetings and has met with adjoining property owners in the Wayne Drive and adjoining area. The Site Plan and this Application contain numerous concessions requested by adjoining Property owners in order to address their concerns. The building, setbacksy and locatioa (towards the extreme finnt of the Property) has been proposed in order to address concerns with respect to adjoining residential use. The rear two-thirds of the Property has been left open for athletic purposes and is certainly compatible with adjoining uses. These athletic Selds satisfy arty requirements for open space which might be associated with this zoning request. DEVELOPMENT SCHEDULE The stages and phases of development are discussed above in the "Statement of Planning Objectives" section. Because much of the timing of construction will be fund raising activities and enrollment growth issues, the Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change, except as may be necessitated to make minor adjustments to accommodate proposed buildings at the common property line between Colleyville Presbyterian and CCA Property. It should be noted that CCA also owns lot three along Wayne Drive, but lot three is omitted from this zoning application in order to address concerns raised by the Wayne Drive Property Owners. . ATTACIiMF.iVT TO PUD-C ZONQVG CHANGE APPLICATION PAGE 2 OF 3 0-99-1139 Exhibit "D" STATEMENT OF UTII,ITIES~ TQ BE PROVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to aU of the Property. Extensions and service lines will be extended in connection with the caistruction of buildings, as necessary. Adequate easements for all utilities around and on the Site either already exist or will be included in the Plat of the Property. This instrument containing the Statement of Planning Objectives, Development Schedule, Statement of Proposed Ov~merslup and Statement of Utilities to be Provided is attached to and incorporated into the zoning application signed by the Property Owners and their representative. A'ITACIIMENT TO PUD~ ZONMG CHANGE APPLICATION PAGE 3 OF 3 O J9-1139 Exhibit "D" O ~~ - ~. A... ~Q .~ ~ [13 ~ ~ L ...1 ='` 11~ U1 • V ~ ~~ ~ Z. r ~ ~~~~ ~.~ Q - ~ ~~- ~ ~! ~ u ~ ~~~ ~ ~~ i ~ u~ to `~ ~- '~~-- 0-98-1139 Exhibit "E" ~' i1~ ~. _., ,~ ll5 ~~ S v~ W ~- ~ ~ ~ ~- ~zvi~4 ORDINANCE 0-06-1602 ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE APREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED ORDINANCE 0-99-1139, BY ESTABLISHING ADDITIONAL DEVELOPMENT JDITIONS AND APPROVING A REVISED CONCEPT DEVELOPMNENT PLAN; )VIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; )VIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE " TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE EREAS, the City of Colleyville has received an application for rezoning under Case No. Z-06-028; and EREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and EREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and EREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and REAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and REAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-1602 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Concept Development Plan attached as Exhibit "A" of this ordinance hereby replaces and supersedes the Site Plan attached as Exhibit "A" of Resolution R-99-1458 and shall be used as a guide for the issuance of building permits for the proposed building improvements. Development of the site shall be generally consistent with the layout shown on the Concept Development Plan. The Building Official in considering a building permit application is hereby authorized to approve minor adjustments of a building location or building footprint, provided the intent of the Concept Development Plan is not compromised or adjacent properties negatively impacted. Sec. 3. THAT the Planned Unit Development-Commercial (PUD-C) district created by Ordinance 0-99-1139, amended by this ordinance, and the Concept Development Plan attached as Exhibit "A" of this ordinance are hereby subject to the following conditions: 1. The proposed building identified as Phase 2 on the Concept Development Plan may be either cone-story or a two-story building and shall not exceed 33,899 square feet of floor area. 2. The existing art building, the teacher trailer, and temporary classroom buildings J & H, along with a maximum of three temporary storage containers may remain on the property for a period of two years from the approval date of this ordinance or until 30 days after a certificate of occupancy has been issued for any finished-out portion of the Phase 2 building, whichever occurs first. 3. The remaining portable buildings F, G, K & L shall be removed no later than one year after the issue of the certificate of occupancy for the first floor of the Phase 2 building and that the Concept Development Plan Exhibit "A" reflect the building line that was approved by the Planning and Zoning Commission. 4. As a condition to the issuance of the building permit for the Phase 2 building, a solid screening fence approximately eight feet in height shall be constructed along the western boundary where this PUD-C abuts Lots 19 through 26 of the Camelot Estates Addition to the City of Bedford. There shall also be an open space buffer a minimum of 20 feet Ordinance 0-06-1602 Page 3 of 4 in width along the western boundary of this PUD-C. 5. As a condition to the issuance of the building permit for the Phase 2 building, there shall be planted a row of trees along the eastern boundary of this PUD-C where this PUD-C abuts Lots 2 through 4, Block 3 of the Southgate Addition to the City of Colleyville. Said trees shall be a minimum of 3-inch caliper at time of planting and be spaced not more than 30 feet on centers. Said trees may be planted on an adjacent lot owned by Covenant Christian Academy in lieu of planting on-site. There shall also be an open space buffer a minimum of 20 feet in width along the eastern boundary of this PUD-C. 6. As a condition to the issuance of a building permit for any portion of the Phase 2 building, there shall be a 24-foot wide gated emergency access/fire lane across the northern portion of Lot 4, Southgate Addition, which connects Wayne Drive with this PUD-C. 7. There shall be no traffic access (including roadways or parking lots) to the current CCA campus from adjoining properties along Wayne Drive. The existing emergency access easement shall not be utilized for regular traffic access, and shall be maintained in a manner to prevent regular use of or access to said easement by non-emergency traffic. Sec. 4. THAT prior to the issuance of a building permit for construction of the Phase 2 building, the following additional conditions shall be satisfied: 1. Covenant Christian Academy shalt submit and receive approval of a drainage study from the City Engineer and make any drainage improvements required of the drainage study in conjunction with the Phase 2 building and related site improvements. 2. A traffic impact analysis ("TIA") shall be required prior to the issuance of a Building Permit for the Phase 2 Building. The TIA shall be submitted to the City Council for review and approval of both the TIA and the required improvements (both on-site and off-site) shown necessary by the TIA. No Certificate of Occupancy will be issued for the Phase 2 Building until the required improvements are made by the applicant and approved by the City. Sec. 5. THAT the PUD-C shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-06-1602 Page 4 of 4 Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. D IT IS SO ORDERED. first reading and public hearing being conducted on the / 9 ~ day of ~~~~irr,~~ 2006. reading and public hearing being conducted on the ~ day of ~if,u 2007. TTEST: O ~ ~~~`~' ynthia Singleton, TRMC ity Secretary ROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE ~~ David Kelly Mayor atthew C. G. Boyle ity Attorney Concept Development Plan -Exhibit "A" -.---------- --- - -- _ ____ __j w ~~ ; d ~- 1 ~ w I ~i. ~ J ~3~ y~~~~~~ ~ i ~ ~.t ~~SOO~~ ftr'i~ • ; t ~ !nom'. Ifl#~IY~1'}~~li~#1Qf~~iff~~4~ti ~ ~ x ~~F ~ ( , ` ag~F ~ J ~ ~ ~ ~ _. ~~~ r ~ o S t+T ; _.L_L.iJ-~ ~-. l~l_J ~_ " .~ I ,~ -~ ~''" -~ ~ ~~ ~~ ~~ _~ . , . •e~ r .. f _~ ,~ £. i ~i ~ - ~, ~• h ~ . .~ ~ ~- i = t 3!~ ;~~~ '~ ~! ~f ~ Ir 1 r a i ~ ~ l~~ ~ ~' ~ . -s+-, ~ ~;_NN . 11• ~ ~ ~ ~ } ~ ~ iii i~li t~~~ ~ ~~! ~il ,1~ !~ ~ ~~ ~ ~ i ~ t {i ~ ° a • ~ s t iL ~ ~....s.. - ~ .,.- : ~ r ~ ~ i~ t •~ ~ ~ 1 I .. ~ r i it ! t ~~ ~~ '..ii i Y ip ~ d ORDINANCE 0-09-1725 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O- 06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-004; and WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-09-1725 Page 2 of 7 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40- single family residential zoning district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for church and private school uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-09-1725 Page 3 of 7 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES 1. The following land uses shall be permitted within the Planned Unit Development: 2. Church 3. Private elementary, secondary and high school not to exceed 750 students total. 4. Recreational and athletic uses incidental and accessory to the uses listed above. 4. BUILDINGS AND SITE PLAN APPROVAL a. The following buildings shall be allowed as described below and depicted on Exhibit "B": 1. Secondary School 46,000 square feet maximum (existing) 2. Administration 6,000 square feet maximum (existing) 3. Administration 6,000 square feet maximum (phase 1) 4. Grade School 22,000 square feet maximum (phase 1) 5. Athletic Field Seating for 400 people maximum (phase 1) 6. Library 6,000 square feet maximum (phase 2) 7. Multi-purpose 19,200 square feet maximum (phase 2) 9. High School 48,000 square feet maximum (phase 3) b. Prior to construction, the high school shown above, described as phase three construction, shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Ordinance 0-09-1725 Page 4 of 7 c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "D". 5. PORTABLE STRUCTURES a. All existing portable classroom structures on the subject properties shall be removed prior to the issuance of the certificate of occupancy for the buildings described as phase one construction in the Statement of Planning Objectives attached as Exhibit "C". If no building permit has been issued for said buildings as of September 1, 2010, all portable buildings shall be removed from the property no later than September 30, 2010. 6. PARKING a. Prior to the completion of phase one construction, there shall, at a minimum, be enough on-site, off-street parking spaces provided to accommodate the maximum enrollment of 750 students. b. In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours. c. All off-street parking required as part of this development shall meet the requirements of the Land Development Code, except where amended herein. 7. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b. There shall be no permanent lighting nor shall there be any nighttime illumination of any kind for the athletic field. 8. LANDSCAPING, BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 60 percent of open space. Ordinance 0-09-1725 Page 5 of 7 b. Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code. c. A 20 foot landscape buffer shall be maintained along the western boundary of the development and along the boundary of Lot 5, Block 3, Southgate Addition. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic field and only adjacent to the stadium and any other existing buildings. The buffer along the boundary of Lot 5, Block 3, Southgate Addition shall be planted prior to the completion of the phase one construction. 4 cinFwei KS a. A minimum five (5) foot sidewalk shall be constructed along Cheek Sparger Road prior to the issuance of the certificate of occupancy for the high school (phase four). b. A minimum five (5) foot sidewalk shall be constructed along Wayne Drive prior to the issuance of any certificate of occupancy. 10. FENCES AND SCREENING a. A minimum eight (8) foot wood fence with masonry columns placed every 20 feet shall be constructed along the western boundary of the development adjacent to Lots 19 through 26, Camelot Estates Addition located in the City of Bedford and along Lot 5, Block 3, Southgate Addition in Colleyville prior to the issuance of any certificate of occupancy. 11.OTHER a. The bleachers for the athletic field shall meet the design and specifications shown in Exhibit "E". b. A traffic impact analysis (TIA) shall be required prior to the filing of the replat required in Section 2. At a minimum, the TIA shall include the following: Ordinance 0-09-1725 Page 6 of 7 (1) A revised analysis of traffic impact on Cheek Sparger Road due to change in overall traffic movement in the area and with potential increase in enrollment of students; (2) Evaluation of the north/south traffic flow during peak and non-peak periods on Wayne Drive; (3) The impact of vehicles turning onto Wayne Drive from new development during peak and non-peak periods; (4) An analysis of minimum and optimum requirements for additional turn lanes on Cheek Sparger and Wayne Drive; (5) An analysis of minimum hard surface shoulder construction needs for vehicle drop off and pick up areas; (6) An analysis of the development impact upon the intersection of Wayne Drive and Cheek Sparger Road; (7) A site plan of the development that includes all surrounding public streets depicting any improvements and recommendations required as part of the TIA. The TIA shall be submitted to the City Council for review and approval of both the TIA and the required improvements (both on-site and off- site) shown necessary by the TIA. The replat may not be filed and, consequently, no building permit may be issued for any phase of construction approved by this ordinance, until the required improvements recommended by the TIA are made by the applicant and approved by the City. c. In lieu of improvements to Wayne Drive required as part of the proposed development, the applicant shall pay into escrow a perimeter street fee to be determined by the City Engineer prior to the filing of the replat for the property. d. Beginning at the westernmost corner of Lot 1 R, Block 1, Colleyville Presbyterian Church Addition, where it is adjacent to Cheek Sparger Road thence commencing approximately 500 feet eastward along the south side of Cheek Sparger Road to the edge of the existing driveway approach there shall be installed a 15 foot wide all-weather surface shoulder, approved and inspected by the Public Works Director prior to the issuance of the certificate of occupancy for phase one construction. Ordinance 0-09-1725 Page 7 of 7 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE Jon Ayers Mayor Pro Tem APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map ,;. M ~ a~w Q ~ Site s ~ fa:' d CHEEK SPARGER RD PUDC ?~` ~ ~ r, ss, y~~. il'~1 ~ ~a ~, i~ :~~ _-. ~ R2Q ~'~ ~ i t ~ Cl'~`'~' ., ~~,~: a~ ~:~ ~~ EXHIBIT "B"- Site Plan A r- F f L I / 4 ~ N IQ i ! m~ . ~ /. ~ ~ (t r !' Y 7TT ~ ~1 n p l n ~9: a,ny:n., z~xe .. ~ ., ~YWYWWWWIWI~ ~ Y 4} .._.(. r~,paswr _ 5 `xA EXHIBIT "C"- Statement of Planning Objectives A"CfAGHMENT TU PUD-C 7.l7NItiG GNAIVGE AFPLICATC41~1 QF CpVENA)V'T CH1~,ISTIAPi ACADEMY A\>) F'RIESBYT'ERIAN CHURCH. IN AMERICA - CpLLEYVii,LE, T)uXAS The property for which this proposed zoning is to occur is located at the southwest corner of CheeE~ Slrarger lload and Wayne llrive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for bath PUl7-C and R-4~d uses (see attached. legal description). lt. is the intent of this zanin~ application to redacf the current zoning for the property and. rezone the property into one zoning classification (P1JD~C) to be used primarily far church and educational use as described below. PEIZMIT"l"FI~ USE 1. Church and other uses associated with churches, such as wrorslrip activities, Sunday School, and church related educational purposes. 2. Private primary need secondary school. purposes, 3. ltecreatianal and athletic purposes associated with uses 1. acid 2. above. A. ~lny combination. of the permitted uses and. any accessory uses incidental. and secondary to the allowed principal uses.. STATEMFNT_Q~ PLANN11~1G ()131E~T1VES Cc~i~enaiit Christian Academy is a highly respected educational institute serving students in and around Calleyville since 1979. `I`he objective of this PL'U-C request is to move forward improving the Physical Plant so as to better serve the students and facuhy within our school with improvements in our academic, athletic and recreational. facilities. Crrade school classrooms are planned with. the appropriate recreational areas appropriate to grade levels. Athletic held improvements are also included. to promote on campus training, practice and game facilities far our schaoi teams as well as outreach appertunities for serving assorted local clubs and associations. Athletic field shall be lighted for nighttime use. Finally, a future high schaoi building and an enclosed. mtihi- purpose facility is planned as part of our long-term goals. Upon grant of the coning change requested herein, it is anticipated that the main Property (lv~mers (,Covenant Christian Academy -- "CCA"~ will immediately move forward with a repine request (thz replat may proceed concurrent w°ith zoning reclucsl}. The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timtframe, Two of the portable buildings have already been removed in accordance with current PtJD requirements. This request. will. incorporate that condition into our PUD-C. Construction. of tyre three (3}grade sc;haol buildings will begin almost immediately (Phase 1~. "t"hese initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings are not on CCA-awned property and. are located. outside of the area of our PU17-C request, the retnaval of those buildings is herein represented as a condition of our request. All portable buildings are to be removed upc}n issuance of the certificate of occupancy of Phase 1 Construction or approximately September, 201U. ~t~rTACt iMENT 1'p Pt7D-G 20Nt~G CHA~fa APPLICATit7tt PAGP t EXHIBIT "C"- Statement of Planning Objectives Continued Realize that the prapased development of this property is planned to provide an improved learning atmosphere far the existing student base including a library, computer lab, dedicated art stadia, music roam, and science lab. fibs development is net intended to accarnmadate an influx of additional students in excess of the current enrolltncnt. Student enrollment has fluctuated between Spt3 to just under COp aver the Iasi seven years. A student enrollment oE6U0 is the design population far which this PLiD-C has been designed for. Presbyterian Church in America -- Calleyvitle, Texas {"Calleyvtlle Presbyterian'°} was the entity that started CCA. 'T'he school became independent of the church. in 1999. CCA has been in aperatan far many years and has been a geed neighbor and citizen in the City of Col leyvilte. I*Tumerous residents of the community have cantnbuted vast amounts of time and monetary resources to further this prig ate Schaal. CCA awns the majority of the property slang the west side of Wayne Drive with the exception afT:,ats l and Lat S {Southgate Addition, Black 3). L,at 1 is aurrentl}~ under contract to CCA and is a. part of this PUTT. The anginal 10 acre portion of CCA property was purchased. with the anticipation of the canstructian a'f school facilities on the I'ropcrty. 'T`his zoning ohang+e is necessitated as a result of the City's zoning ordinance which does net allow additianat cansiruetiort of educational facilities on the CCA property without approving a new PU Development. The City's zoning Ordinance was instituted just after the original property was purchased. The use of the l'r~~perty has. Tang been planned and has been existent for a nut~n6er of years. The requested change is iherefare consistent with the existi use of the Propert}°. Conversion of the existing Property.. of CCA into its proposed use is logical and does net take ether cammerciat property of the Ci#}~ out of use far retail attcl other higher commercial uses as desired by the City of Calleyville. City of Bedford residential neighborhoods era faceted to the west and south of this development. `T~te athletic field and treed area on the saathexn portion of the property {Drees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. fibs existing athletic field will remain in approximately the same location, thus having little additianat effect. an the ncighbars in Bedford, These same areas v~~ill also easily satisfy stay requirements far open space with might be associated with this zoning request. 1°he area east of Wayne Drive, across the street. from this Property, is comprised of vacant. land •r»aned fear Agricultural use and two remaining residential homes (zoned R-40). `['he Saddlebraak Subdivision is faceted earth of this property across Cheek Sparger T2oad {zoned PUD-R). Prier zoning chatrges {I'UD's} >n this property attempted. to satisfy CCA requirements, but contained numerous concessions requested by adjoining property awncrs. Since the :mast recent PUD-C, CCA ktas acquired additianat properties slang Wayne Drive, thus eliminating alt but one ofthe prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Calleyviite Presbyterian property as well a.5 those that are to be acquired {Let I ). l7 VF,L!)PMI=.NT SCTII;DULE A'FTACttM~N7'1"L} I'GD-G ZONII,ICi f;t{ANGE APPLICA"I°CQ~ PAGE 2 EXHIBIT "C"- Statement of Planning Objectives Continued The stages attd phases of development are. planned as follows: Phase 1 - Urade School Consirucrion (begin immediately and !'wish in appraxnyately 15 mamba) Phase 2 - Multi-Parpose kacility Constntction (no completion date established Phase 3 - Athletic Field and Stadium (no completion date established} Phase 4 - Higkt School (no completion date esrabiishedj * Realize that- mttcEh o#'the tirnin~; cif construction veil{ be dependent an fund raising activities. The Applicant requests that no specific deadlines ar time frames be associated with this Development Schedule. STA'1"t °.1?~;?~l7° 01 PROPUSLD QWNpRSHIP The o~~ ~,~ rship ofthe Property will not change other than the fact that l:,ot 1 is expected to be acquired by CCA contingent upon zoning approval, "~ fAT~iyIEN'I° 01~' U"I'ICd`Tl~~llRll:'RAS`I°RL.rC~"7"C SRI- T~ [31 PR{>V1I7rT7 Ali major utiliti+s, water, secvcr and drainage arc either already an ar immediately adjacent to all of the Property. The attached preliminary engineering drawings detail the proposed water, sewer and drainage infrastructure that will be eansiructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist ar will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive far its entire length a#°frontage. The existing asphalt roadway will be widened from the centerline to the west. to form '/a of the rewired 31' B-B City Street Section, `~ln other words, CCA will build a 15.5' street sc:cti«n along its side of the existing Wayne. Drive. A 4' sidewalk will be constructed along; the west. right-of-way of Wayne Drive far its entire length along the CCA frontage. CCA would also entertain entering into a Ciry-Developer Agreement to reconstruct Wayne Drive along the entire school frontage from its existing state to a full width 36" B-~ street section W allow on-street parking. GCA vrro~uld be willing to contribute the funds for 15.5' width of the roadway whlle the City pick up the cast far the remaining 20.5' width. Recent improvements to Cheek Spargcr Read have already been made by CCA as required. by the earlier PtJD-C, tkIPACT PEIrS: t Grattting of this request will. not introduce additional students to this location. Tl~c classrooms in Phase t will replace the existing classrooms currently located in the Portable Buildings. ~o net increase in impact wilt. be felt from these improvements as we ATTACHML•i,'C "t'4 PLlD-C ?pNlitiG CFtA~GF APPLtCA'rtp'°t 1'AGC 3 EXHIBIT "C"- Statement of Planning Objectives Continued are simply relocating existing students into the new, lamer classroom and appropriate Cdtlcatiorlal SpaCCS. ~y this application we are requesting fallowing consideration and adjustment on the applicable impact fees: I} Roadway Impact and Perimeter Street Fees: pull impact fee credit allowed for the amount of road way improvement both to Wayne Dove as illustrated in this request as welt as the previous subsian'tiat improvements along Cheeksparger Drive. We request that the required street and sidewalk chnstruction be limited to what is shown on our SitefE~onccpt Plan and relate! engineering plans. 2) Parkland. Dedication Fees: We understand that. Parkland Dedication Fees do not apply to this devclopmertt, ~} Water and Sanitary Sewer Guilder} Impact I"ees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of prc~lx.rty along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings will be totally offset by the eliminakion of the impact now present with the portable classroom buildings to be removed from site. 4) 7"ree Mitigation Fees. k'ull tree mitigation fee credit shall be allowed mainly due to the effort taken to pmserve the majority of the existing trees located at fhe southwest corner of the property. tJver 9(I°!a of the existing trees on the overall property are to be retained, `T'his instrument is attached to an incorporated into the zoning application signed by the Property Owners and their representative. AT'TA£HMEt+fT TG E'tJ©-C Zt7l+tING t;EIANGt APPLIC'AT19N PAGE 4 r ,~ ~~ E EXHIBIT "D"- Building Elevations :~~ ~~: r ».. i ;~ -~ ~~ .~, ~~,. ~l. __ .~. ,t~. ~~ -.~ ~~ } { { ;_ ~; ~...~ . ` ~~ ~:~. ~~~ ~`~~ EXHIBIT "E"- Bleacher Details E3leacher De#aiis ~~~~ .%1 ~ ~.! h•xa City of Colleyville Agenda Briefing File Number: 0-09-1726 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww. co l l e yv i l l e. co m File Number: 0-09-1726 Version: 1 File Type: Ordinance Agenda Date: 09/01/2009 Requester: Parks and Recreation Agenda No.: 5b Department Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Attachments: Ordinance 0-09-1726.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/18/2009 City Council 1 09/01/2009 City Council Title Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Explanation Second Reading and Public Hearing There were no speakers regarding this item at the August 18, 2009 City Council Meeting. First Reading and Public Hearing In 2004, the Parks and Recreation Department proposed user fees and policies for the reservation and use of parks and athletic and recreation facilities. The fees established by Ordinance 0-04-1492 are for City Park, Reagan Park and Pleasant Run athletic fields. These fees are designed to address use of the parks by the public and youth sports associations in an effort to manage maintenance costs. The proposed amendment to this ordinance is for consideration of changing the fees for Reagan Park. The City of Colleyville has contractual agreements with youth sports associations which include provisions for practice facilities between the City and Colleyville Baseball Association (CBA) and the Colleyville Girl's Softball Association (CGSA). Reagan Park athletic fields are part of the provisions and are reserved by CBA and CGSA during their fall and spring seasons. Reagan Park is an excellent practice facility, totally irrigated and turf sodded with batting cages and lights. This facility is currently used extensively by the CBA, CGSA and the public since it is the only lighted baseball/softball practice field site in the City. City of Colleyville Page 1 Printed on 8/28/2009 Agenda Briefing Continued (0-09-1726) When the fields are not being used by the youth sports associations, they are available for general public use or select team use. During daylight hours the fields are available on a first-come first serve basis. To ensure a field is available when needed, the fields may be reserved by paying a fee through the Parks and Recreation Department office. Any use after daylight hours requires a reservation. As Reagan Park athletic fields are in a residential area, lights will not be turned on unless there is a reservation or scheduled practices. During the youth sports association seasons, Sundays are the only designated time for field reservations for the general public. The majority of reservations received are with select baseball teams consisting of players who live in and outside of Colleyville. These teams reserve these fields in addition to their scheduled practices with CBA and are also dominating the fields on Sundays for practice, providing limited ability for other users. Staff is recommending a fee of $35 for residents without lights and $50 with lights and a non-resident fee of $60 without lights and $100 with lights. This is for atwo-hour session with the same guidelines in place as reserving practice fields. Currently residents are not paying a fee; however, there is also limited availability due to the field domination of the select teams. By charging a fee for field use, reservations will be required during business hours, which will give all users a fair opportunity to schedule the fields. The fee change has been reviewed with the youth sports associations and on August 3, 2009, the Parks and Recreation Advisory Board recommended approval of the proposed modifications to the user fees for the Reagan Park practice fields. Financial Impact It has been determined that the new fee structure will increase revenues approximately $2,000 annually. Recommendation Approval City of Colleyville Page 2 Printed on 8/24/2009 ORDINANCE 0-09-1726 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 66 OF THE COLLEYVILLE CODE OF ORDINANCES, RELATIVE TO FEES AND RESERVATIONS FOR THE USE OF PARK ATHLETIC AND RECREATIONAL FACILITIES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND AUTHORIZING PUBLICATION WHEREAS, Chapter 66 of the City of Colleyville Code of Ordinances provides for the regulation and use of public parks and imposes fees for the use of park facilities; and WHEREAS, Ordinance 0-93-906, Ordinance 0-93-918, Ordinance 0-98-1108, Ordinance 0-02-1339, Ordinance 0-02-1372, Ordinance 0-04-1492 and Ordinance 0-09-1726 created and established Section 7 of the City of Colleyville Code of Ordinances relative to parks and recreational regulations; and WHEREAS, the City Council of the City of Colleyville has determined that a revised rate and scheduling structure is in the best interest of the citizens of the City of Colleyville. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chapter 66: Definitions 1. City cosponsored league play shall mean an athletic event, which is authorized, organized or scheduled with the assistance of the Parks and Recreation Department by anon-profit organization. 2. City sponsored league shall mean an athletic event which is authorized, organized or scheduled in whole or in part by the Parks and Recreation Department. 3. Closed field shall mean a playing field or a game field that has been closed for any use due to inclement weather or maintenance requirements of the Parks and Recreation Department. 4. Director shall mean the Director of the Parks and Recreation Department. Ordinance 0-09-1726 Page 2 of 12 5. Game field shall mean a field that has been designated by the Parks and Recreation Department to be used solely for the purpose of conducting league play or tournament play for city sponsored or city cosponsored league play athletic events. This would include the city sponsored soccer, baseball and softball associations. Game fields are located at the Pleasant Run Soccer Complex and the Colleyville City Park. 6. Practice field shall mean a field that has been designated by the Parks and Recreation Department to be used solely for the purpose of conducting practices or non-league play for City sponsored, City cosponsored league practice athletic events and public reservations. This would include the City cosponsored soccer, baseball and softball associations. Practice fields are located at Reagan Park and Pleasant Run practice site. 7. Park shall mean a park, playground or any other area in the City, owned or used by the City, devoted to active or passive recreation. 8. Vehicle shall mean any wheeled conveyance, whether motor powered, animal-drawn or self-propelled. The term shall include any trailer of any size, kind or description. Chapter 66: Facility Procedures and Guidelines Tennis Court Regulations 1. It shall be unlawful for any person to use the tennis courts in the City for any purpose other than playing tennis. 2. It shall be unlawful for any person to play tennis on any tennis court while wearing any footwear other than tennis shoes. 3. It shall be unlawful for any person to ride a skateboard or skates on the tennis courts. 4. The tennis courts are available on a first-come first-serve basis. Tennis Court Reservations 1. The courts will open for play at 6:00 a.m. All games must be completed by 10:00 p.m., park closing time. 2. Courts may be reserved through the Parks and Recreation Department. Time slots for reservations are available in one and one-half hour increments as seasonal conditions permit. The schedule shall be Ordinance 0-09-1726 Page 3 of 12 determined and approved by the Parks and Recreation Director or designated representative. 3. Reservations must include the name of the individual or team, address and phone number as set forth in this policy. 4. Residents may make reservations beginning the Monday proceeding the next scheduling week (Sunday through Saturday). Non-residents may make reservations commencing on Friday proceeding the next scheduling week (Sunday through Saturday). 5. Any person or team found to be violating the terms of this section shall be denied access to the tennis courts for the remainder of the season. Rental of Park Pavilions and Refunds 1. The Parks and Recreation Director shall designate a person or person(s) to inspect all premises after usage. All deposits will be held until after pavilion use, and returned to the customer unless damage or vandalism has occurred. At this time, a refund will be processed for the deposit. 2. City related functions shall have first priority on the pavilions and shall use the pavilions without charge. 3. All other groups who reserve the pavilion for personal use, except those specified in the following section, shall pay a fee as determined by the Parks and Recreation Department. 4. All residents and non-residents who reserve the facility for business, commercial or professional gatherings may apply for the use of said pavilion during daytime hours between 8:00 a.m. and 5:00 p.m. The applicant may not make any charges, nor solicit for money of any kind or character from any person for his use of the pavilion. A liability insurance policy naming the City of Colleyville as an additional insured shall be purchased by all business, commercial or professional renters. Coverage amounts must meet those specified by the City Manager or his designee. 5. A request for a reservation must be made in person at the Parks and Recreation Department during regular business hours (8:00 a.m. until 5:00 p.m.). Reservations will be accepted from adults only (18 years or older). Reservations may be made no earlier than sixty (60) days in advance. 6. A permit shall be issued by the Parks Department stating the time, date, fee and amount of deposit and any other pertinent information as determined by the City. Ordinance 0-09-1726 Page 4 of 12 7. Refunds on any pavilion or park rentals unless otherwise specified, must be requested no later than three (3) working days after scheduled use, through the Parks and Recreation Department Director or designated representative. Refunds will only be considered in cases of uncontrollable events, i.e., severe weather, family emergency, etc., and must be approved by the Parks and Recreation Director. Rescheduling of allotted time is preferred and can be used up to one (1) year from the time of original date. 8. All cancellations must be made no later than three (3) days prior to reservation date to obtain a refund. Park Pavilion Policies and Guidelines 1. Alcoholic beverages are prohibited, as per ordinance. 2. Music may be played only between the hours of 9:00 a.m. and 10:00 p.m., unless otherwise approved by the Parks and Recreation Department or as permitted under the City's noise and nuisance ordinances. 3. Vehicles will be restricted to designated parking areas only, except for Police, Fire emergency or maintenance vehicles from Departments. Also, the use of "bounce houses" or "moon walks" is not allowed on park property. 4. Responsibility for damages to and or maintenance of facilities growing out of usage beyond normal and usual wear will be assumed by the individual, group or organization. All paper and waste shall be deposited in proper receptacles. 5. All special permits must be obtained in person and such individual must sign such permit indicating that he/she agrees to the terms of the deposit restriction and applicable City Ordinances. 6. Decorations should not be attached to the pavilion that would tend to deface the structure including, but not limited to, staples, tacks, crepe paper, or any material that will stain. Approval shall be obtained from the Parks and Recreation Department for any special decorations. 7. Any open flames, candles (other than birthday cake candles), torches, etc. shall not be used in the pavilion and use of any decoration or equipment that requires electricity must meet appropriate fire and electrical codes. 8. The City Manager or his designee shall determine the applicable charge or fee when an interpretation is needed, or the charge set by the Parks and Recreation Department is disputed. Ordinance 0-09-1726 Page 5 of 12 9. Failure to adhere to Parks and Recreation Department rules and regulations will result in suspension of reservation privileges. 10. All decisions concerning the applicable fee, the non-refund of any portion of the deposit, or the denial of the use of the pavilion may be appealed to the City Manager or his designee. 11. The individual, group or organization will obey all rules and regulations, both written and verbal, and will not hold the City of Colleyville liable for any injury sustained while using the facility. 12. The person, whose signature appears on the reservation, or their representative is fully responsible for all participants using the facilities under the jurisdiction for the Parks and Recreation Department. Parks, Practice and Game Fields Reservations 1. City related functions shall have first priority in the city's parks and shall use these parks without charge. 2. Commercial use of any and all park facilities for filming, photographing, etc. shall require a charge plus a damage and clean-up deposit. 3. The use of picnic areas and play equipment (other than pavilion renters) shall be on a first-come, first-serve basis. No reservations are allowed. 4. Any group not sponsored by the city and desiring to use a park as a gathering place or for an event or function of any kind shall be subject to the following requirements: a. The organizer or representatives of the group desiring use of the park for an event or function shall file an application for a special permit with the Parks and Recreation Department at least thirty (30) days prior to the proposed date of the event or function. The application will be on a form provided by the Parks and Recreation Department and shall include the following information: i. name, address and telephone number of the person or persons responsible for the event or function; ii. a description of the event and its proposed date and hours of duration; iii. estimated number of people who will be in attendance; Ordinance 0-09-1726 Page 6 of 12 iv. the park and park area being requested for use; v. the nature and number of vehicles, which will be used to transport people in attendance to and from the event; vi. a description of any voice or musical amplification equipment to be used; and vii. any other information that may be required by the city in order to establish additional requirements for the preservation of the public health, safety and welfare. 5. Within three (3) days of the time the application has been filed with the Parks and Recreation Department, the Assistant City Manager will be notified of the event or function and will be provided copies of the application for the purposes stated above and for the purpose of assessing the demand placed upon services by the event and the impact upon the area surrounding the park. 6. In addition to the requirements set forth in this section, the group shall comply with any and all other applicable laws, statutes, ordinances, resolutions and rules governing use of the parks. These requirements include, but are not limited to, the payment of any fees or deposits, which may be required for the use of a public park by this ordinance. Playing Fields Ballfields: Practice Fields 1. Regulations a. During regular and post season play, all practice fields are reserved for the exclusive use of the youth sports associations, except for Sunday. b. The City also uses G-CISD facilities for baseball and softball practice fields. c. The City does charge a reservation fee for the practice baseball fields and softball fields at Reagan Park. d. The City does not charge a fee for open space areas at park facilities that have amulti-use backstop such as Kimzey Park, McPherson Park and Senior Center Open Space. Ordinance 0-09-1726 Page 7 of 12 2. Fees and Refunds a. The fee for each practice field for residents and youth sports associations, outside of regular and post season play shall be $35.00 (without lights) and $50.00 (with lights) per session. The fee for each practice field for non-residents shall be $60.00 (without lights) and $100.00 (with lights). Each session shall be no longer than two (2) hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. b. If the fields are not reserved, they will be available on a first-come, first-serve basis during daylight hours. c. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for a refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. Ballfields: Game Fields 1. Regulations a. No person shall use the game fields in City Park for any purpose other than playing softball or baseball. b. During regular and post season play, all game fields are reserved for the exclusive use of the youth sports associations, except for Sunday. 2. Fees and Refunds a. During regular and post season play, the youth sports associations pay a maintenance fee for use of the game fields. b. The fee for each game field for residents and youth sports associations, outside of the regular and post season play, shall be $50.00 (without lights) and $80.00 (with lights) per session. The fee for each game field for non-residents shall be $100.00 (without lights) and $180.00 (with lights). Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. c. Commercial or organized teams or teams playing games other than those scheduled by the city's youth sports associations, shall be Ordinance 0-09-1726 Page 8 of 12 required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. e. A request for a waiver of the use of the Ball Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. 3. Reservations: a. All fields are available by reservation only and only for the time slot reserved. Time slots for reservations are available in two-hour increments as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Director or representative. b. Each person or team is limited to one (1) time slot per week (Monday through Saturday) per calendar month. Reservations must include the name of the coach or assistant coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled youth sports association league play. c. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non- residents may make reservations commencing on the first business day of the month. d. Any person or team found to be violating the terms of this policy shall be denied access to the fields for the remainder of the season. e. The Parks and Recreation Director or designated representative is authorized to designate any game field owned or teased by the City a closed field for maintenance or to protect the surface of the game field from damage. f. It shall be unlawful to go upon a game field which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 - $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Ordinance 0-09-1726 Page 9 of 12 Soccer Fields: Practice Fields Fees and Refunds a. The City does not charge a fee for practice soccer fields for youth sports associations and residents. b. Commercial or organized teams or teams playing games other than those scheduled by the city's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. 2. Reservations a. Practice fields are available on a first-come first-serve basis. Local sports associations and teams have priority. Any person or team found to be violating the terms of this policy shall be denied access to the practice fields for the remainder of the season. Soccer Fields: Game Fields 1. Fees and Refunds a. The fee for each game field for youth sports associations and residents shall be $50.00 (without lights) and $100.00 (with lights) per session. The fee for each game field for non-residents shall be $125.00 (without lights) and $175.00 (with lights). Each session shall be no longer than two (2) hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. b. Commercial or organized teams, or teams playing games other than those scheduled by the City's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. c. A request for a waiver of the use of the Soccer Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled practice. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. Ordinance 0-09-1726 Page 10 of 12 2. Reservations a. All fields are available by reservation only and for the time slot reserved. Time slots for reservations are available in two (2) hour increments, as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Director or representative. b. Any scheduled game on the game fields or use of the game fields shall be played in uniform with licensed officials. c. Each person or team is limited to one (1) time slot per week (Sunday through Saturday) per calendar month. Reservations must include the name of the individual or the team and coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled league play. d. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non- residents may make reservations commencing on the first business day of the month. e. Any person or team found to be violating the terms of this policy shall be denied access to the game fields for the remainder of the season. f. The Parks and Recreation Director or designated representative is authorized to designate any game field owned or leased by the city a closed field for purposes of maintenance or to protect the surface of the game field from damage. g. It shall be unlawful to go upon a game field which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 to $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Other Rental Facilities, including but not limited to sand volleyball, in-line hockey courts and basketball courts. 1. Fees a. The City does not charge a fee for the use of the sand volleyball, horseshoes, foursquare, in-line hockey and basketball courts. Ordinance 0-09-1726 Page 11 of 12 b. No person shall use the tennis courts, the practice or game fields or any area of a public park to charge a fee for any purpose, including private lessons or clinics. 2. Reservations a. All courts are available for use on a first-come, first-serve basis. Use of Certain Shoes Prohibited It shall be unlawful for a person to wear cleated shoes on the in-line hockey or basketball courts. Concessions The City may have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. Residents and non-residents may request use of a concession stand. Requests must be in writing and will be reviewed by the Parks and Recreation Department Director and the Assistant City Manager. Sports Clinics 1. Any individual or group seeking use of a park or playing field to conduct a sports clinic shall reserve the park or playing field by completing the appropriate application forms in the Parks and Recreation Department and pay a fee for the clinic to be held, as determined by the Parks and Recreation Department. 2. Scheduling of the clinics shall be determined and approved by the Parks and Recreation Director or designated representative. Clinics shall not conflict with any scheduled league play. 3. The applicant shall purchase a liability insurance policy naming the City as an additional insured, in an amount to be determined by the City. Enforcement 1. The Parks and Recreation Department shall have the primary responsibility for the enforcement of this policy and all codes and ordinances regulating the conduct and use of park and athletic facilities. The Chief of Police shall have secondary responsibility for such enforcement. Sec. 2. THAT his Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Colleyville, and this ordinance shall not Ordinance 0-09-1726 Page 12 of 12 operate to repeal or affect any of such other ordinances except insofar, as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which such conflicting provisions, if any in such other ordinance or ordinances are hereby repealed. Sec. 3. THAT any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each day such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. Sec. 4. THAT the City Secretary is hereby authorized to cause publication of the description caption and penalty clauses of this ordinance as an alternative method provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the of 2009. The second reading and public hearing being conducted on the of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day day Matthew C. G. Boyle City Attorney ~%i ' cy City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 z.,.,. Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: 0-09-1727 File Number: 0-09-1727 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: 6a Final Action: File Name: Adoption of the proposed Fiscal Year 2010 (FY 2010) Budget Attachments: FY2010 Budget Message.pdf FY 2010 Fund Expenditure Summaries.pdf FY 2010 Budget Revenue Summaries.pdf Ordinance 0-09-1727.pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/01/2009 City Council Title Adoption of the proposed Fiscal Year 2010 (FY 2010) budget Explanation First Reading and Public Hearing On August 5, 2009, the City Council held a worksession to review the proposed FY 2010 budget. The totals for the Utility Fund, Debt Service and Drainage Utility Funds contained in the ordinance are the totals presented to the City Council with changes as discussed. The Fire Department's budget is based upon direction given by City Council at the budget worksession and reflects the increase of $36,627 to provide funding for the promotion of two battalion chief positions and departmental overtime to reach minimum staffing of nine firefighters which will increase the in service time of the fire engine at Central Fire Station to 30%. Additionally, $25,000 was added to Council Discretionary (account 001-14-6298) in the City Council's budget for the anticipated cost of a Police Chief recruitment search. These additions of $61,627 revise the total proposed General Fund expenditures to $18,981,970 from $18,920,343 as originally proposed at the worksession. At the Pre Council meeting on August 18, 2009, City Manager Jennifer Fadden advised the City Council that the combined City Council/City Secretary budget would be split in FY 2010 into two separate departments and all City Council related expenses would be reclassified into the City Council budget. The City Manager also noted that since the November 2009 special election expense of $4,000 contained in the proposed City Secretary's budget would likely not be needed, the funding would be reallocated to the Information Services budget for market funding of the vacant Information Services Manager position. City of Colleyville Page 1 .Printed on 8/26/2009 Agenda Briefing Continued (0-09-1727) On Thursday, August 6, 2009, the City learned that due to a recent preliminary Public Utility Commission ruling on the Oncor Rate Case, electric franchise fee revenues will be approximately 4.76% less in FY 2010. The revenue loss is estimated to be $41,333 which revised the proposed FY 2010 General Fund revenues to $18,981,970 rather than the proposed total of $19,023,464 as presented at the August 5, 2009 budget worksession. For FY 2010, the tax rate remains at $.3559 per hundred dollars of valuation. There is continued emphasis on street maintenance with $1,000,000 allocated to street re-surfacing. There are no merit or cost-of-living increases included for employees. Financial Impact It has been determined that adoption of the budget will provide expense appropriation for the General Fund, Utility Fund, Debt Service Fund and Drainage Utility Fund for Fiscal Year 2010. Recommendation Approval City of Colleyville Page 2 Printed on 8/26/2009 C4aY of 7'Cxaa The City Council strives to provide a wide range of quality services to maintain the quality of life for the citizens through efficient fiscal and personnel management. To this end, this budget has been developed in keeping with the adage "the function of government in Colleyville is protection of property." Accepting this charge, this city government continually endeavors to provide safe streets, quick emergency response, esthetically pleasing and safe public parks and facilities and efficient and effective government. We look forward to reviewing with the Council and community the proposed Fiscal Year 2010 budget. The proposed budget is balanced and in accordance with State law, City Charter and ordinances. The combined proposed expenditures and transfers total $36,451,800 which is a $1,016,533 increase over the current year budget. In keeping with the Council fiscal policy of a 90 day reserve requirement, the General Fund is projected to have 65 days over the 90 day minimum and the Utility Fund is projected to have 36 days over the 90 day minimum, day's cash balance as of September 30, 2009. One measure of a city's financial strength is the level of its fund balance. The general and enterprise funds will maintain a minimum reserve in accordance with the Council's adopted Financial Principles. The reserve earns interest, smoothes cash flow and is ready for unanticipated expenditures or emergencies. As anon-recurring revenue source, beginning fund balances are only to be used to fund capital or other one-time expenses. 1 = 155 $8,037,398 126 $3,631, 045 1 'F ~. In formulating the proposed budget, staff first looked to the Council's visioning and goals and objectives to shape how we work to continue excellent service delivery in a recession with very limited revenue growth. Using this as a back drop, staff has prioritized the needs of the City, as identified by the Council, while maintaining a conservative fiscal approach that has allowed Colleyville to achieve a AAA bond rating, the highest rating of any comparable size city in Texas. A careful reading of the praposed budget will reveal recommendations which focus on maintaining competitive employee benefits and continuing to invest in the city's infrastructure. Serving as a service plan for delivering the results that matter most to our citizens, the proposed budget does not include any operational tax increase. A few of the key factors addressed in preparing the proposed budget include: • No increase in the ad valorem tax rate • No increase in utility rates, pending cost of FY 2010 treated water and wastewater from Trinity River Authority effective in December 2009 • Fund all debt requirements and provide for adequate debt service fund balances • Average reduction of 2.26% in most departmental base budgets • Assumed a 20% decrease in fuel costs • Maintained a sound personnel salary and benefits package Over the years, Colleyville's budget document has evolved from a simple financial report with proposals for expenditures and estimates of revenue, into what has become the most comprehensive annual document establishing budgetary policies that influence the fiscal state of the City, the function of government and budget preparation for current and future needs. A budget, therefore, is the most important working and planning tool used by the Council and staff for providing quality of service to the citizens of Colleyville and maintenance of infrastructure, which the Council has determined to be necessary and for which funds are available. The proposed budget has been formulated by reflecting on the Council strategic vision of being a model city with attention to being an efficient and attractive neighborhood- oriented community, sensitive to its history, resources and residents. Preparing the annual budget allows the Council to steer the course toward this strategic vision by aligning municipal resources with community needs in addressing four strategic goals: • Foster a commitment to community investment. • Continue focus to delivering superior services and demanding results. • Continue organizational development with a focus to -Being the Best. 2 • Sustain a reputation for excellence. Every new effort, every element of the work plan and existing programs are tied to one or more of these strategic goals. This helps staff, Council and the community sort through the many demands to provide programs and high level of service by focusing only on those elements which will help achieve our strategic goals. The intent is, if we are focused on these initiatives, the City will be providing exceptional customer service and meeting the highest priorities of the citizenry. This year's proposed budget reflects an effort to balance expectations of citizens with available resources. Although projected revenues and expenditures encompass only a 12 month period, the proposed budget was once again developed with an emphasis on strategic objectives which are identified as part of the City's annual work plan. As you review the proposed budget, attention is directed to the continued resources applied for street maintenance, continued emphasis on customer service and continued commitment to employee benefits. The proposed budget has been posted on the City website. Citizens are encouraged to review the document and if they have any questions or need additional information, contact Terry Leake, Finance Director, at 817-503-1015 or by a-mail at leaket(c~ci.colleyville.tx.us. Appreciation goes to the Mayor and Council members for their community leadership and strong financial acumen. I want to thank the Budget Team staff including Kelly Cooper (Assistant City Manager), Terry Leake (Director of Finance), Karen Hines (Accountant), and Elise Welborn (Human Resources Manager) for their efforts in building our service plan for 2010. My special thanks to all City employees who have worked so hard to provide quality services to our citizens and who are committed to the success of our great City. 3 C1l bf Tcxe6 '7cuKP,efdd ~2el~o~ooda y` °G~e,~CafraC ~e~~ke VISION Colleyville is a model city with attention to being an efficient and attractive neighborhood-oriented community, sensitive to our history, resources and residents. GOADS and OBJECTIVES Feaat@e a e~m~lt~ant t®eetmrn~anityi invastrn@r~t :• Make Colleyville more prosperous through economic development efforts. Succes defined: To make Colleyville more prosperous with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. :• Enhance the maintenance and reconstruction of City infrastructure. Success defined: To have a public works infrastructure system properly maintained and funded, providing effective management while meeting citizen's service demands and expectations with special attention to enhancement of the maintenance and reconstruction of streets. O~ntin~@ #~as t® dali~@rlr~g ~~I~riea~r ~a.r~cie~as aid der~tar~din~ ~as~atts :• Develop, expand and promote leisure activity opportunities for the citizens. Success defined: Delivery of efficient and broad based opportunities in support of the needs of the general public. .• Continue Colleyville being an engaged, safe and secure community. Success defined: To provide efficient and user-friendly services that maintain the City as a safe, secure, clean and attractive community for family and business. O@ntn~a@ ~r~ani~atl~naM d@~@l~~nter~t witk~ a teams t®- B,a.4n~j tk~~a mat :• Effectively utilize and promote Colleyville's paid and volunteer human resources. Success defined: Employees consistently demonstrating the core principles through effective hiring and retention programs along with an inviting and involved role for citizen participation in the delivery of customer service. a-~taln a ~a~~tatiQn #ear e~~alt@ne,~ .• Ensure fiscal integrity and stewardship of the City's financial planning. • Success defined: To bring the financial picture into balance by identifying expenses and revenues that sustain City growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. e• Enhance the promotion and preservation of natural resources. Success defined: To have a progressive and supportive attitude, valuing the impacts of development and operations of the City to the environment. 4 G,~Y of texas We are pleased to present the proposed FY 2010 Combined Annual Operating Budget for the City of Colleyville. This document represents the staff's continued commitment to prudent fiscal management while enhancing services to improve the quality of life and meet expressed needs by our citizenry. While the proposed budget does not fund all departmental requests, it meets the Council's priorities for service delivery and maintains current service levels. The proposed budget has been formulated by reflecting on a philosophy of: / Providing solid, core governmental services with quality service; / Valuing our employees; / Remaining fiscally sound; / Pursuing opportunities to partner with other public providers; and / Effectively allocating resources to meet citizen needs. Striving toward our commitment of effective community involvement, a summary presentation of the proposed budget will be placed on the City website and cable channel. A budget public hearing is scheduled for September 1, 2009 to allow citizens to provide comments regarding the proposed budget. The proposed budget will be presented to City Council for final approval on September 15, 2009. On the national level, economic data over the last year has shown negative growth in the economy. For Colleyville, the local economy has remained fairly stable despite the recession nationally. The City is fortunate to have a strong residential base that helps to soften the negative effects of economic fluctuations. However, limited growth is expected in economy-driven revenues, such as sales tax, property tax and some business fees. It is also expected that the current trend of limited new construction will continue into next fiscal year, and no new subdivisions are expected to be platted this next year. The cost drivers in the proposed budget include increases in compensation market adjustments, health care, and pension costs. Despite these cost increases, the General Fund expenditures decreased 2.4%. During the development of the budget, staff kept an eye on current and projected economic indicators as we developed projected revenues and projected expenditure needs. As we neared the final preparation of the proposed budget, major revenues were again reviewed to ensure the most recent economic information is incorporated into the document. The proposed budget is balanced and prepared in accordance with state law, the Colleyville City Charter, ordinances, budget policies and in accordance to provisions outlined within the Governmental Accounting Standards Board (GASB) "Statement No. 34, Basic Financial Statements -and Management's Discussion and Analysis -for State and Local Governments." The accounts of the City are organized on the basis of funds or account groups, each of which is considered to be a separate accounting entity. All funds are budgeted and accounted for on a Generally Accepted Accounting Practice (GAAP) basis for purposes of financial statement presentation. The Governmental Fund types use a financial resources measurement focus and are accounted and budgeted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recorded when susceptible to accrual, i.e., both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures represent a decrease in net financial resources and, other than interest on general long-term debt, are recorded when the fund liability is incurred, if measurable. Interest on general long-term debt is recorded when due. Governmental fund types are those through which most governmental functions of the City are financed. The acquisition, use and balances of the City's expendable financial resources and the related liabilities (except those accounted for in the Proprietary and Fiduciary fund types) are accounted for through Governmental Fund types. The Proprietary Fund types are accounted and budgeted for on a cost of services or "capital maintenance" measurement focus, using the accrual basis of accounting. Proprietary fund types operate in a manner similar to private business. The City utilizes only the enterprise fund type. Under the accrual basis of accounting, revenues are recognized when earned and expenses are recognized when incurred. For purposes of this budget presentation, depreciation is not displayed and capital expenditures and bond principal payments are shown as uses of funds. The City provides a full range of municipal services supported by statute or charter. This budget contains all of the funds that account for these services. The identity and functions of these funds are: 6 General Fund - to account for the resources and expenditures related to the generally recognized governmental services and/or functions provided by the various City departments - a governmental fund type. Utility Fund - to account for all the activities required for the provision of water and sanitary sewer to residents of the City - a proprietary fund type. Capital Projects Fund - to account for financial resources to be used for the acquisition or construction of major capital projects - a governmental fund type. Equipment Replacement Fund - an internal service fund to account for funding for, and acquisition of, the City's vehicles, maintenance equipment and computer equipment - a proprietary fund type. Drainage Utility Fund - to account for all the activities required for the management of storm water drainage - a proprietary fund type. Court Technology Fund - to account for all activities, in accordance with state statute, related to the collection and use of the Municipal Court Technology Fee imposed on convictions on cases adjudicated in the Court - a governmental fund type. Court Security Fund - to account for all activities, in accordance with state statute, related to the collection and use of the Municipal Court Building Security Fee imposed on convictions on cases adjudicated in the Court - a governmental fund type. In preparing the budget, the primary budget goal is to achieve identified objectives that maintain and improve City services for the citizens. During the budget planning session, the Council affirmed seven organizational objectives used as the cornerstone in the development of the budget. Work initiatives having a direct fiscal impact in the preparation of the budget include: •~ Make Colleyville more prosperous through economic development efforts with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. Enhance the maintenance and reconstruction of the City infrastructure system that is properly maintained and funded providing effective management by meeting citizen's service demands and expectations with special attention toward enhancement of the maintenance and reconstruction of streets. 7 Develop, expand and promote leisure activity opportunities for citizens through delivery of efficient and broad based opportunities in support of the needs of the general public. •~ Continue Colleyville being an engaged, safe and secure community providing user friendly services that maintain the City as a safe, secure, clean and attractive community for family and business. Effectively utilize and promote Colleyville's paid and volunteer human resources through employees consistently demonstrating the core principles, through effective hiring and retention programs, along with an inviting and involved role for citizen participation in the delivery of customer service. ~ Ensure fiscal integrity and stewardship of the City's fiscal resources by bringing the financial picture into balance by identifying expenses and revenues that sustain City growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. ~ Enhance the promotion and preservation of natural resources by working toward the promotion of Col/eyville's natural resources. The goal is to better align services delivered with what is most important to our community. The reality of any budget is that it consists of a collection of purchasing decisions. The Council, on behalf of the citizens, establishes the price community members are willing to pay for local government services. Council, using citizen input, determines the various goals in attaining the prioritized wants of the citizenry. Staff plays a critical role in guiding the process, ranking and recommending purchasing proposals pursuant to Council priorities. The continuation of sound financial and operational philosophies has guided the development of the budget for the upcoming year. By its very nature, the preparation of any budget is the allocation of scarce resources. There will always be more needs than available funds. This year in particular was challenging due to the current recession and the increased costs in health care and the City's pension system, which effects all departments. The budget building process includes four key components: ^ Determine the price of government in identifying how much revenue will be available. ^ Determine the priorities of service by identifying what results matter most to our citizens. s ^ Decide the price for each priority result by identifying how much should be spent to achieve each result. ^ Decide how best to deliver each priority result at the set price by identifying how we can BEST deliver the results our citizens expect. In setting out the charge for preparing recommendations for the proposed budget, staff's attention was drawn to the four broad Council goals. At the onset of this year's budget development process, staff was challenged with the goal of identifying a 5% base budget reduction. Each line item of each base budget was reviewed for efficiency and optimal use of resources. Departments also identified service enhancements through the budget adjustment process, but due to significant declines in development revenue and interest earnings coupled with significant employee benefit cost increases, no service enhancements are recommended for funding in this proposed budget. ~ Make Colleyville more prosperous through economic development efforts with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. ^ General Fund Having an effective and proactive communications and outreach plan helps the organization communicate to our stakeholders in a more compelling manner about issues of importance. As a result, the discipline in our communications program is highly specialized, involving the need to convey specific messages to varying targeted audiences. To augment current staff time, the proposed budget provides $20,000 toward using various communications consultants for projects throughout the year. ^ CEDC Special events and festivals bring substantial visibility and economic impact to the City and this budget proposal contains several recommendations that support existing venues or events. Funding through Colleyville Economic Development Corporation in the amount of $43,000 continues for Celebrate Colleyville, as does the $24,400 allocated for the Old Tyme BBQ and other City sponsored events, such as the Blue Shoe Project Blues Festival. Funding in the amount of $65,000 is also recommended from the CEDC for the general marketing, promotion and advertisement of the City. In an effort to enhance and strategically focus the City's economic development efforts, funding in the amount of $72,000 is recommended for a comprehensive merchandising plan. This plan will define target retail tenants for the City's primary business corridors and identify prospective retail operators for Colleyville. These combined strategies will help the City achieve its short and long-term goals related to economic growth and vitality for Colleyville. The proposed budget also carries forward $293,521 in funding toward design and construction of entry/monument markers to highlight entrances to the City. 9 Public Art Fund Continuation of a community public arts program designed to reinforce Colleyville as the center for culture, art and entertainment for the larger area. In support of these efforts, $10,000 is provided by the CEDC to the Fund. Each year, staff evaluates locations of City owned high public visibility sites for budget consideration of public art pieces. Enhance the maintenance and reconstruction of the City infrastructure system that is properly maintained and funded providing effective management by meeting citizen's service demands and expectations with special attention toward enhancement of the maintenance and reconstruction of streets. General Fund The estimated useful life of asphalt overlay is eight to 12 years depending upon traffic volume and road base condition. The City has 158 miles of paved roadway. A consistent focus by the Council has been to continue effective funding levels for street maintenance. Given this, the proposed budget again provides $1,000,000 for pavement maintenance to aggressively address our infrastructure maintenance needs. This funding allows the City to address several miles of roadway during the year. Continue the funding of the micro-resurfacing program from the difference in revenues over expenditures in the FY 2009 General Fund budget up to the amount of $150,000. The proposed budget also continues funding toward installation and repair of sidewalks and continues the focus of enhancing the safety of our children and the walk-ability of the City to activity centers. This funding continues at $50,000 that has been already escrowed in the neighborhood districts as approved by City Council in November 2008. Staff will also continue work in the development of a City Council approved multi-year interoperable Capital Improvement Program (CIP) for trails- sidewalks, streets, utilities and drainage projects. In addition, City Council adopted in October 2008 a proposal from staff regarding the CIP and approved a resolution for the recommended 10 year pay-as-you-go program. This program provides a means to address street infrastructure improvements by using the General, Utility and other appropriate funding sources (as outlined in the CIP document). FY 2010 CIP includes rehabilitation and resurfacing of all streets in the Saddlebrook Subdivision ($702,000) to be funded from a draw down of available cash in the General Fund; the intersection of Glade and Pool Roads; Apple Valley Drive, Elm Street, Ponderosa Lane; and engineering design of the intersection of John McCain and Pleasant Run Roads. 10 ~ Develop, expand and promote leisure activity opportunities for citizens through delivery of efficient and broad based opportunities in support of the needs of the general public. ^ General Fund The proposed budget continues progress toward the long-term goal of expanding the operations of the Library, Colleyville Center and park system. With completion of the spatial reorganization study, staff has developed an operational cost and financial implementation plan. This plan's focus will be to utilize available space to provide enhanced support for children's and adult programming. The FY 2009 proposed budget provided $20,000 as a transfer to the Capital Projects Fund, which may be used for the initial schematic design of $8,614 with the remainder balance being used for the engineering design and construction document preparation for the expansion project. The proposed budget also continues to include $15,000 for the Library's material collection from the General Fund and $185,000 from the Voluntary Library Fund for a total of $200,000. With the completion of the Colleyville Center study, renovation of the center may be possible through funding from the Colleyville Tomorrow Fund. The second phase of McPherson Park is under construction and includes additional parking and pavilion space, a splash pad, demonstration gardens, renovated rock house and open space. In an effort to position the City as a leader in sustainable design and set a community standard of environmental, economic and social stewardship, approximately 60% of the remaining park improvements will be directed to green park elements such as a drought tolerant demonstration gardens, cisterns for capturing rainwater at the rock house and pavilion, native plants, low pressure valves on the splash pad, drip irrigation, and wild flower plantings. The Colleyville Garden Club will be partnering with the City in hosting community education events along with various community activities in support of making the park a destination. A continued initiative of staff will be the development of a 10 year CIP for the City's park system upon completion of the Comprehensive Parks, Recreation and Open Space Master Plan. ^ CEDC With the completion of first phase of the Senior Center Open Space Master Plan, which was a '/2 mile walking trail, funding in the amount of $350,000 is recommended for additional senior elements such as bocce ball, shuffle board and horseshoes at the Senior Center. Additional phases will include neighborhood park elements, including a pavilion, playground, open play space, basketball court, and picnic area. 11 The CEDC also includes proposed funding for an additional segment of the Pleasant Run Trail ($367,546), Webb House Trail ($170,000) and L.D. Lockett House Trail ($100,000) construction. The Library has identified a technology innovation that will reduce staff manual materials sorting and increase efficiency of collection availability for the public. Funding in the amount of $86,491 is included in the CEDC for the purchase of a library collection material sorter that will replace the existing manual outside drive up materials return. •.k Continue Colleyville being an engaged, safe and secure community providing user friendly services that maintain the City as a safe, secure, clean and attractive community for family and business. ^ General Fund Public Safety remains a top priority among Colleyville residents, and the Council, likewise, has made clear its commitment to maintaining a strong public safety core. Funding for the Citizens on Patrol and Rehab Team of $5,000 each will support these fully functioning, volunteer staffed and equipped programs in support of various City functions and events such as Celebrate Colleyville or during extended emergency incidents where citizens would be safely able to provide support. The FY 2010 budget addresses the purchase of a replacement ladder truck with a draw down of Debt Service fund balance in the amount of $118,838, which is the first year payment of a 10 year lease purchase. This truck will replace the Quint located at Station 3 on McDonwell School Road. Additionally, the hand-held radio replacement program will continue in FY 2010 ($17,500). Completion of the Utility Homeland Security program will require that the Emergency Management Coordinator's salary be moved to General Fund Fire Department budget. This funding reallocation is $76,157. In addition, the funding of a glidescope video laryngoscope will greatly enhance the success rate of paramedics completing endotracheal intubations in the field. This piece of equipment is used for placing breathing tubes in patients who are not breathing or have compromised airways. This tool is a requirement by the City's Medical Director and funding is available through FY 2009 year end savings of $10, 020. Due to the pending retirement of the police chief, funding is included in the amount of $25,000 for an executive search to recruit a new police chief. This process is expected to take 120 to 180 days. Finally, funding in the amount of $36,627 has been added to the Fire Department's budget to create two additional battalion chief positions and to increase departmental overtime in order to increase minimum staffing to nine firefighters. 12 These additions will increase the service time of the fire engine at the Central Fire Station to 30 percent. CCCPD In an effort to continue providing excellent service and recognizing the importance of providing effective and reliable communication capabilities, continued funding is provided for the acquisition of hand held radios. In meeting this need, the proposed budget provides $30,000 for the replacement purchase of 10 radios. In addition to radios, the budget this year provides funding for dispatch center replacement chairs and the mobile digital computer replacement program, as well as continued support of the Teen Court program, purchasing four patrol vehicles, protective parking lot awnings and funding four patrol officers. ~L Effectively utilize and promote Colleyville's paid and volunteer human resources through employees consistently demonstrating the core principles through effective hiring and retention programs along with an inviting and involved role for citizen participation in the delivery of customer service. Colleyville strives to be a model, high performance organization while meeting the service delivery requirements of our customers. The Council's leadership in hosting a sustainable commitment toward an effective compensation program is critically important when valuing that 67% of the total General Fund budget is spent on human resources. The proposed budget provides a staffing level of 183 full-time positions, three less than in FY 2009. This is a reflection of two positions being frozen, including the Planner and Project Engineer, and a reduction in hours for the Assistant City Secretary position. Maintaining an investment in staff is an important component in the development of the proposed budget. Salary range adjustments will be made to 65 positions, impacting 167 employees. These modifications will bring those pay ranges to within a 5% variance of the market average. Financing this effort will cost $80,319, of which $74,837 is funded through the General Fund. Also provided is the strong commitment to employee benefits with continuation in funding employee dependent insurance at 75% to maintain our overall competitive position with peer cities. The total cost for the insurance program is $2,018,855 for the proposed FY 2010 budget. This amount includes health, dental, life, long-term disability, COBRA, and flexible spending account administration, and a health reimbursement arrangement. Of this amount, $1,599,639 is funded through the General Fund. The annual health insurance premium employee only coverage is $5,472, with family insurance coverage costing $16,581. The dependent premium is split with the City paying 75% and the employee paying 25%. 13 In addition, the City participates at the premium level in the Texas Municipal Retirement System (TMRS). Under this system, the City matches the employee retirement contribution at a 2 to 1 ratio. The City is at the maximum contribution rate and annually provides updated service credit adjustments to maximize the employee retirement potential. In order to comply with Generally Accepted Accounting Principals, TMRS has changed its method of accounting of funding annually repeating updated service credits and annuity increases. The period amortization for these pension benefits shifted from a 25-year open period to a 30-year closed period. This change caused the City's unfunded actuarial liability in the plan to increase from $7,039,932 (24.9%) to $8,181,594 (25.7%) which will be funded over a 30-year period. As with the FY 2009 proposed budget, there are no changes in the plan design proposed for FY 2010. The FY 2010 proposed budget includes funding for participation in the TMRS program at the increased contribution rate of 15.76% (annualized 15.385%) from the current rate of 14.26%. This results in an increase of $187,652 for the General Fund. Focusing on efforts to improve employee health, the City implemented in FY 2005 a wellness program, Fit and Well in Colleyville. This is a voluntary program that encourages employees to evaluate overall health and work toward improvement. Due to this program, individual employee health improvements including weight reduction, decrease in prescription medication, increased physical activity and nutrition have occurred. The current program offers a variety of elements such as on-line health assessments, lab work, individual coaching, fitness assessment, weight loss programs and participation in "Companies in Action," which is a corporate challenge allowing employees to team up and play a variety of sports and participate in fitness activities. For FY 2010, Cooper Corporate Solutions, the City's benefits consultant and a division of Cooper Aerobics Center, will fund and work with the Employee Wellness Committee to tailor the wellness program to employees' needs. The long-term goal is to minimize premium increases through improved health and wellness of our employees. The proposed budget funds $5,000 for incentives for participation in this program. A continued initiative this year includes staff evaluating "best practices" for consideration in structuring acafeteria-style benefits program to include wellness based initiatives as well as other benefit options to enhance the overall benefits program. With current and projected economic conditions, it is also prudent to evaluate the City's overall compensation philosophy to determine long-term practicality and sustainability. Staff will also work to complete an update of the entire Personnel Policies and Procedures Manual in FY 2010. This project will include not only reviewing current policies, but writing new policies as well. An employee committee will provide input as the revised handbook is crafted. Upon completion, each employee will receive a copy of the manual. 14 ~b Ensure fiscal integrity and stewardship of the City's fiscal resources by bringing the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. ^ General Fund The implementation of Court of Record by the Colleyville Municipal Court will result in a partial year net revenue enhancement of $25,240. As technology opportunities present themselves, staff is proactive in seeking to implement new and improved sources to increase productivity, enhance customer service and improve efficiency of service. This year a major initiative will be completion of a study to determine long range computer hardware and software needs and an implementation and funding plan. In addition, upgrading the AN server will provide the capability to live stream City Council meetings. This can be completed with an FY 2009 end of year purchase of $6,939. Staff is also undertaking the development and implementation of a comprehensive performance management program for the City. This type of program will provide feedback and performance indicators to better align City services with citizen expectations. An annual update of the City's 10 year financial forecast will be reviewed as part of the FY 2011 budget process. ~ Enhance the promotion and preservation of natural resources by working toward the promotion of Colleyville's natural resources. ^ General Fund Staff focus on the environment continues by offering the household hazardous waste collection program ($10,000) and the Clean Sweep semi- annual collection. Staff will continue evaluating community based planning by identifying "best practices" for consideration in adopting a "green" initiative program. Some items for consideration are reviewing building codes, reduction of yard waste education, enhanced community recycling program, and identifying replacement of gasoline- diesel vehicles with hybrid or bio-diesel fuels. ^ Utility Fund The cost of purchasing potable water from Trinity River Authority (TRA) has increased this past year increased operational costs, decreased usage through effective water conservation by area cities and an overall percentage increase in Colleyville's percent of debt service due to TRA. This is because one of the member cities has reduced water use while completing maintenance on their water system. TRA's new fiscal year begins in December and their budget will be presented in the fall. As they will be facing higher chemical costs, ongoing infrastructure 15 maintenance costs, labor-related costs, and compliance with more stringent state and federal water quality regulations, it is likely their rates will increase. In the event there is a rate increase from TRA, staff will prepare a pass through adjustment for Council consideration in fall 2009. An ongoing means of funding for City operations is to also aggressively look at other area governments to maximize economy of scale for cost savings. As with past years, part of the budget approach is to embrace the concept of partnering with other governmental units, with the guiding principal that it should meet the BEE test (beneficial, economical and efficient) for Colleyville. The proposed budget will contract for services with other governments in the following areas: • Street Overlay: To maximize street maintenance, the City will continue partnering with Tarrant County. The County has phenomenal street overlay capabilities and has shown a strong interest in assisting our maintenance program. • Elections: The City will continue to contract with the Tarrant County Elections Administration Department to conduct local elections. The efficiency and expertise provided by the County enhances the quality of the electoral process available to the citizenry. • Building Maintenance: The City will continue to contract with Tarrant County for janitorial support services for the Colleyville Justice Center, the Colleyville Public Library, Colleyville City Hall, and Colleyville Senior Center. • Public Safety Continued participation with the Metroport Teen Court is funded jointly with the cities of Colleyville, Grapevine and Southlake. Funding is also provided to meet the contractual obligations of the Bedford Response Area. • Regional Transportation: The expense plan continues funding with the Trinity Railway Express (TRE) for resident participation with the regional mass transit authority. • GCISD: We will continue to focus work efforts with the District for tax collection services and use of recreational facilities to maximize our operating budget. • Economic Development: Continue partnering with the North Central Texas Council of Governments (NCTCOG) hosting a website offering property information in support of our economic development efforts. City infrastructure information, mappings and property information is provided on the site. Contracting services for GIS related mapping information for aerial photography with the NCTCOG for public works and economic development will also be continued. 16 In developing the proposed budget, significant focus was directed toward it representing a series of balances constructed between revenues and expenditures and between prioritized operational needs and long-term community investment strategies. We strived to develop the document as a means to review past accomplishments, identify future needs, set objectives for the coming year, and define the purposes and resources to achieve those objectives. In meeting these objectives, both the community and the organization are able to use the document as a management guide, planning document and a financial report. Revenues The development of the proposed budget started with an evaluation of available revenues. A few points in assessing revenue opportunities and challenges were: Limited ad valorem revenue growth Flat sales tax growth Decrease in investment earnings rate from 3% to 1.25% Anticipating 73 housing starts in 2010 compared to 145 budgeted for the current year providing a decrease of $640,367 in building permits revenues Property Tax The major budgetary issue in preparing a budget each year is the setting of the property tax rate. Once the roll is received in late July, the tax rate is determined based on both the debt rate needed to pay for the City's bonded indebtedness and funds needed for maintenance and operation funding in the General Fund. Focusing attention for home ownership of citizens aged 65 and over and disabled residents, in 2003 the Council increased the Over 65 Property Tax Exemption to $65,000 and approved the Senior Property Tax Freeze in 2004. The loss in property tax revenue from the Senior Tax Freeze for the upcoming year is projected to be $154,287. Currently, 12.2% of all residential property tax accounts are frozen. The main source of income for the City is property taxes, which accounts for 54% of our total revenue. The Tarrant Appraisal District has certified Colleyville's property valuations for 2010 at $3,723,153,527, which includes the TIF District valuation of $264,344,969 and $113,473,202 in new construction. The value increase is 2.88% over the current years taxable valuation of $3,618,846,828,. As submitted, the proposed budget provides for a property tax rate of $0.3559 per $100 value to support a property tax levy of $12,309,900 excluding the TIF property. The tax rate is comprised of an Operation and Maintenance rate of $.298638 and an Interest and Sinking rate of $.057262. The latter component provides funding for retirement of the annual debt obligations. Colleyville has the second lowest tax rate of any city in Tarrant County, which is not anticipated to change with the adoption of the proposed budget. 17 Per the table below, the proposed property tax rate will adjust the typical homeowner's tax bill by 2% compared to this year's tax billing. The average homeowner will see a property tax payment adjustment of $27.85 to support City services, which equates to $0.08 per day. The tax rate is unchanged from FY 2009 and the primary driver of the increase in average residential property values was higher permit values for new residential construction. Average Property Budget Residential Tax Property Tax Year Propert Value Rate Pa ment 2009 $391,133 $0.3559 $1, 392.04 2010 $398,957 $0.3559 $1,419.89 Sales Tax The second major financial consideration that guides the development of the budget is the growth of sales tax revenues. The City collects a total of 2% sales tax: 1 % for General Fund and the remaining 1 % allocated for two '/2 cent special purpose districts. Due to current economic conditions, a flat growth in revenue is projected. Expenditures The following illustration shows where the City will spend the tax dollar for the upcoming fiscal year. For example, public safety expenses and programs represent 44% of the total available expenses for the upcoming year. __ ~~ ~U ~_ ~.~ .~ ~ a~ ~ ~ ~~ L! .! v t ;: 9 ~ ~ • • • ~ t ..6i£ ~ _. _ _.._ .. _....... t ~ ~ t .. Police $ 0.23 Fire $ 0.21 Leisure Services $ 0.16 Public Works $ 0.16 General Management $ 0.12 Engineering /Bldg. Insp. $ 0.04 Finance /Court $ 0.04 ~- Community / Eco Dev. $ 0.03 ~~*# Transfer-Capital Equipment Fund$ 0.01 18 The Utility Fund is a proprietary fund structured and operated as a stand-alone business or enterprise. For budgeting purposes, the fund segregates the operating expenses and debt service in an accounting fashion similar to the General Fund. In accordance with Generally Accepted Accounting Principles (GAAP), this fund uses a full accrual basis of accounting that combines the accounting of long-term assets and liabilities with operating expenses and revenues. As a stand-alone Enterprise Fund, the Utility Fund pays its share of overhead costs as a reimbursement to the General Fund. The fund also makes a franchise fee payment to the General Fund. Revenues Combined Utility Fund revenues total $10,707,073. Water sales account for 73% of this amount and sewer revenues account for 22%. Interest, tap fees and miscellaneous revenues make up the remainder. As noted earlier, if Trinity River Authority (TRA) increases its rates in December 2009, a pass through rate increase will be needed. The current rates are built upon the City paying TRA $2.02 per 1,000 gallons for water and $1.30 for wastewater. Meeting bond covenant requirements, the existing rate structure provides fora 1.5 times coverage factor. An additional rate increase of $0.14 (water) and $0.06 (sewer) per 1,000 gallon usage has been scheduled since 2000 to be implemented for the remaining share of debt issuance for the utility relocation costs for State Highway 26 (estimated construction in 2012). Capital programming for the fund directed by the Council in FY 2005 provides for the maintenance of a 90-day working capital reserve. Expenditures Utility Fund expenditures total $10,510,469 for the proposed budget. The largest component, 57% of the fund, covers the contractual obligation for water and wastewater to the Trinity River Authority. As part of the program to repair and rehabilitate the utility system, the budget continues funding the annual meter replacement program at a cost of $30,000. The expenditure increase in the budget from FY 2009 is due to the increase in the cost of treatment of water and wastewater by Trinity River Authority. The following illustrates the distributior the Utility Fund. 19 The City budgets for debt service in two separate Funds -utility and tax supported debt service. The Utility Fund's times coverage ratio of 1.20 is effectively met with a projected 1.50 ratio with the current rate structure. The City's bond ratings are further evidence of Colleyville's financial strength. In 2009, the City received an upgrade in its General Obligation bond rating from Standard and Poor's from "AA+" to "AAA". Avery strong tax base growth coupled with a low tax rate, strong financial performance and substantial cash balances are the primary reasons for the bond rating. The Waterworks and Sewer System revenue bonds and the Drainage System revenue bonds also received a rating upgrade in 2009. Standard and Poor's upgraded the water and sewer utility revenue bonds from "AA-" to "AA+" and the drainage utility revenue bonds from "AA" to "AAA". Fitch ICBA also upgraded the Drainage System revenue bonds from "A+" to "AA". Reasons for the upgrades include strong financial operations, growth in service area, adequate water and sewer treatment capacity to meet future demands, and moderate debt ratio with manageable future borrowing plans. These credit ratings for outstanding debt means the City's bonds are considered to be of superior investment quality, meaning lower interest payments. With a population of 23,902, Colleyville is the only city in Texas with a population under 25,000 which holds this magnitude of bond rating. The Colleyville Economic Development Corporation's rating by Standard & Poor's on its outstanding debt was increased from "A-" to "A" two years ago. The increase in the rating was based upon a strong debt service reserve and improved maximum annual debt service coverage due to greater sales tax revenue. As part of the work plan for this year, staff will finalize various planning for the issuance of long-term debt related for improvements for SH26. The State currently projects the bidding of construction for highway improvements for spring 2012. Local funding will include $3.5 million for utility relocation and $5 million for construction assistance. It is anticipated there will be sufficient cash balance in the TIF fund that a debt sale will not be needed. In 1993, the Council adopted a monthly fee to assess against residential and commercial utility billing accounts for stormwater management. The stormwater Drainage Utility Fund keeps up with the increased operation and maintenance of the City's drainage system and addresses federally mandated requirements for stormwater systems. 20 This fund is designated to help the Public Works Department maintain streets, sewers and drainage ditches to manage runoff from commercial and residential development. A Drainage Department was previously established to account for related personnel and operating costs. The Fund receives $895,539 annually from the collection of the monthly fee. Annual debt payments for the outstanding bonds comprise $258,260. The remaining funds of $544,889 are allocated for six staff positions and miscellaneous projects. The drainage bonds require a coverage ratio of 1.25 times annual debt service, approximately $322,825 annually. The decrease in expenses for FY 2010 relates to the FY 2009 capital expenditures for the renovations of the Public Works facility not being repeated in the proposed budget. The Council continues to be innovative in evaluating financing options for various City programs. Programs implemented, to date, include: Colleyville Tax Increment Financing District: The Tax Increment Reinvestment Zone (TIRZ) District was created in 1998. The primary goal of the District is to encourage quality commercial development in the City. The District boundaries predominately occupy property located along State Highway 26, comprising 633 acres of land area. The base value for the District was $75,821,735 in 1998. Incremental values subsequent to January 1998 are taxed at the City's adopted property tax rate. However, the ad valorem revenues are utilized within the District rather than being allocated to the City's overall budget. Overlapping taxing entities, including Tarrant County, Tarrant County College District, Tarrant County Hospital District and the Grapevine-Colleyville Independent School District participate at varying levels in the District by assigning their ad valorem tax dollars. The incremental value for Fiscal Year 2010 (tax year 2009) is $264,344,696, an increase of $24,186,727 (10%) over the valuation for Fiscal Year 2009 (tax year 2008). In 1998, initial planning projections stated the anticipated incremental property valuation for the District would be $149,631,800 in Fiscal Year 2009. The actual FY 2010 incremental value is a 77% increase over the original 1998 projection for FY 2010 and 249% over the base value of the District. The debt service payment for the coming year is $739,209 for bonds issued for District projects. Additionally, expenditures are anticipated for payment to the Village at Colleyville and Town Center at Colleyville for developer infrastructure as a result of Board and Council incentified approved projects. Colleyville Crime Control and Prevention District: The primary goal of the District is to fund public safety facilities. The District was created by voter approval in 1999, with oversight of funds assigned to the Board of 21 Directors composed of the Council. State law provides that a District's life is limited to five years, unless voters continue the District by approval of a referendum. In September 2003, Colleyville voters approved continuation of the District for an additional 20 years. Expected revenue from the special purpose sales tax, use of funds generated from prior years coverage ratio and related interest income for the proposed budget is $1,326,725. The budget provides funding for the annual debt for the Colleyville Justice Center, compensation for police staffing, acquisition of vehicles and various minor capital with total expenditures of $1,127,460. • Colleyville Economic Development Corporation: Authority for the Corporation is provided by State statute as a 4B Corporation. The 0.5% sales and use tax approved by the voters in August 1996 has been an important resource in our capital improvement program for community related facilities. Expected revenue from the special purpose sales tax, use of funds generated from prior years coverage ratio and related interest income for the proposed budget is $2,602,018. The CEDC Board met August 25, 2009 and approved the proposed budget. Funding provided by this special sales tax historically has been allocated to community development initiatives (i.e. parks, libraries, etc.). Consistent with state law, some monies will likely be allocated by the Board of Directors for economic development efforts for festival and marketing efforts. Our Local economy has remained robust for the last several years. During this period, the Council has exhibited prudent fiscal foresight and overall restraint in the face of compelling yet competing demands for limited resources. Because of the current tax structure and the components of costs in city budgets, facing long-term fiscal challenges is a reality for most cities in Texas. Property tax revenues could be adversely affected in future years if state legislative efforts are successful in decreasing the current 10% cap on residential appraisal growth. Growth caps of 3% and 5% for local government property appraisals have been discussed in recent legislative sessions. As the Legislature continues to threaten voter approved limitations on mill rates and tax revenue growth, abilities by the Council to keep pace with inflation will become more paramount. The most immediate means to adjust for this is through continued economic development efforts. A benefit of a city reaching complete build out is the efficiency in collecting the maximization of revenues. For a city like Colleyville, this brings about some unique challenges. Colleyville is landlocked and is almost entirely developed. This means it has very few opportunities for true growth. This obligates the City to maximize the economic opportunities within its very limited available commercial land and zoning. The City is primarily zoned and developed as residential with only a very small 22 percentage of the land zoned for commercial activity. Prudent and judicious consideration must be made regarding its future use. It will be incumbent of us all to guardedly review all proposals for conversion of this limited commercial space to non- commercial uses or less productive commercial use. To effectively and efficiently meet the needs of our citizens, innovation and continual improvements by the organization are the norm. Colleyville's ability to provide excellent public service for our citizens is due to the dedication, skills and talents of not just our elected officials and volunteer board members, but as much by our excellent employees. Employee's devotion and commitment to this community are shown each and every day. Compensation study after study reveals that Colleyville frequently ranks lowest of area cities in salary. Yet at the same time, we have a citizenry that has high demands and expectations. It is critically important the Council stay the course in funding our Workforce Development and Sustainability Program over the next few years and continue a commitment to competitive compensation and benefits. The development of the FY 2010 budget was a challenge considering the economic conditions and service needs exceeding available resources. The primary focus rests in meeting the challenges of the annual workplan and funding adequately for benefit cost increases. The City has been consistently recognized throughout the years for its judicious management of financial resources to support the wide array of services and programs provided. With a dedicated workforce and a steady and diverse revenue base, the City of Colleyville continues to be in an enviable position of delivering municipal programs and services that our residents can be proud of and that make Colleyville a desirable location for residents, businesses and visitors. In this budget, the City has resources to continue protection of our neighborhoods; expansion of open-space, recreation and leisure opportunities; awell-equipped police force; state-of-the-art firefighting equipment; over $1,000,000 of residential street and sidewalk repair work; enhancements to the Colleyville Center and Colleyville Public Library. These services will help maintain a high quality of life that will pay dividends through increased property and sales tax revenue to fund essential services, cleaner and safer streets on which residents and businesses can thrive. As always, staff will continue to be diligent in its review of City finances in order to assist the Council in making decisions that will ensure the fiscal viability of the government. Additionally, staff will continue to evaluate and improve business practices in an effort to find efficiencies while also looking at regional synergy and collaborations to reduce ongoing costs. The proposed budget is presented for your consideration with the commitment and confidence it effectively funds the varying needs of the community. It provides a strong 23 financial plan while ensuring a superior level of municipal services to our citizens. We feel confident the projections and estimates are conservative, yet reasonable and accurately reflect anticipated revenues and municipal needs. We look forward to working with you on achieving all the goals set forth in the proposed budget. Underlying Colleyville's success is a unifying commitment across the organization to exercise fiscal discipline, deliver services with maximum efficiency and provide improved results to the entire community. We will undoubtedly be continually challenged to maintain a structurally balanced budget once it is achieved. Preparing the proposed budget was a tremendous undertaking. It is important to acknowledge the efforts of the dedicated staff that worked resolutely to formulate fiscally responsible proposals. Together, the City will continue to plan prudently by following the strong financial management principles espoused by the Council and implement sound long-term fiscal solutions that will carry the City into the future. While many of the changes included in this service plan were difficult decisions, they will help assure the long-term financial viability of the City and will help protect our core services and infrastructure. In summary we pledge our time and talents to achieve continued excellence for the citizens we serve. 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J OO i t00 ~ 0 ~ ~ ~ ~ pp ~ ~ ~ N Efl 69 J~ Q ~ 0 0 0 0 0 0 O O 69 fA fA fA E9 0 ~ Q O V ~ H N ~ W W ~ooooo O 69 EA 69 E9 EfT ~ O ~ J a N N ~ ~ o a T N V N N Q LL J M b04 b04 ~~~ M W W _ ~ M M ~ ~~ M a a 0 ~ ~ .E9 h _~ Q Q N ~ V ~ W J N O O O O O N 69 69 Efl EfT ER Z ~ ~ = 0 (O t0 M M (/~ ~ d 9 f A ~ a Q . !'.c ,o~~o c c n o 0 0 0~ O ~~ON~ r J O D ~ n N O ~ ~ ~ f!T E9 h W 0 Q} 0 0 0 0 0 0 O E9 E9 E9 E9 E9 E9 fR g ~ m ~ ~ ~- ~ ° 1- e a U O W C Q- y- W N O O O O O N O EfT EFT 69 E9 E9 ~ ~ W r a J a ~ ~ a ~ ~ D _ ~ J M ~ ~ b0 ~ ~ M 9 O O ~ ~ O V ~? N a ~ ~ , EsT v, a O ~ v J aoooooo ao W ~ EfT E9 E9 E9 E9 ~ Z ~ 1 W O ~ ~ ~ C7 v i ~ ~ Q ~ Z W a 0 0 N y .D ~ O ~ m-p N ~ C 7 C H C N ~ W ~ N N Q ~ >, E ~ o ~ A +-' a ~ ~ ~ ~ ~ J a ~~~~ ~~~~ _ ~ FY 2010 REVENUE ESTIMATE FY 07 FY OS FY 09 FY 09 FY 10 ACTUAL ACTUAL BUDGET PROJECTED BUDGET GENERAL FUND AD VALOREM TAXES 5101-CURRENT TAXES 8,040,020 8,875,764 9,616,931 9,616,931 10,226,024 5102-DELINQUENT TAXES 48,228 62,479 55,000 76,000 72,000 5103-PENALTY & INTEREST 62,232 74,075 55,000 66,500 55,000 TOTAL AD VALOREM TAXES $8,150,480 $9,012,318 $9,726,931 $9,759,431 $10,353,024 FRANCHISE TAXES 5201-ONCOR ELECTRIC 933,754 869,180 887,190 885,325 828,667 5202-TRI-COUNTY ELECTRIC 102,109 110,560 119,000 124,580 125,000 5203-ATMOS GAS 279,061 338,969 340,000 476,945 352,000 5204-AT&T 120,119 126,011 126,100 123,931 122,000 5205-VERIZON/OTHERS 50,883 51,172 51,250 47,500 45,000 5206-GARBAGE/RECYCLING 116,010 125,363 135,050 124,050 126,000 5207-CABLE TV 177,439 196,806 192,900 221,692 225,000 TOTAL FRANCHISE TAXES $1,779,375 $1,818,061 $1,851,490 $2,004,023 $1,823,667 SALES TAX 5301-1% SALES TAX 2,420,387 2,478,981 2,561,375 2,561,375 2,561,375 5302-MIXED BEVERAGE TAX 89,132 82,532 87,000 74,197 72,000 TOTAL SALES TAX $2,509,519 $2,561,513 $2,648,375 $2,635,572 $2,633,375 LICENSES & PERMITS 5411-BUILDING 764,938 679,452 864,473 410,000 452,487 5412-PLUMBING 83,668 77,248 88,987 48,500 54,151 5413-MECHANICAL 58,443 57,230 63,376 33,500 34,180 5414-ELECTRICAL 75,387 68,921 98,911 37,000 44,940 5416-CITY LICENSE 64,999 68,027 58,247 44,000 58,265 5417-BUILDING PLAN REVIEW FEE 161,224 133,171 162,772 52,000 51,146 5418-NEW BUSINESS 2,726 2,216 3,079 2,000 2,190 5419-ANIMAL 1,488 940 1,400 1,200 1,400 5420-SIGN PERMITS 7,945 8,035 6,050 6,000 8,093 5421-FENCE PERMITS 7,200 5,805 7,359 3,300 3,675 5423-FIRE PERMIT FEES 16,200 12,550 15,000 12,000 12,000 5424-IRRIGATION PERMIT FEES 0 0 0 6,800 6,800 TOTAL LICENSES & PERMITS $1,244,218 $1,113,595 $1,369,654 $656,300 $729,327 FINES 5611-FINES 826,443 1,050,522 780,000 780,000 825,000 5612-FINES-ALARMS 47,000 51,525 45,000 45,000 45,000 5630-LIBRARY FINES 29,063 28,494 33,600 24,000 23,124 TOTAL FINES $902,506 $1,130,541 $858,600 $849,000 $893,124 FY 2010 REVENUE ESTIMATE GENERAL FUND CHARGES FOR SERVICES FY 07 FY 08 FY 09 FY 09 FY 10 ACTUAL ACTUAL BUDGET PROJECTED BUDGET 5511-PLANNING AND ZONING 18,673 8,669 13,201 3,500 4,645 5512-PLAT FEE 25,668 20,918 21,038 15,365 4,450 5514-BOARD OF ADJUSTMENT 3,375 1,375 2,040 750 1,313 5711-SALE OF MATERIAL 3,547 2,204 3,020 1,000 1,409 5712-WEED MOWING 8,091 6,948 10,000 3,500 7,500 5718-ANIMAL IMPOUNDMENT FEE 5,263 4,454 3,250 2,500 2,500 5721-AMBULANCE 267,106 253,018 250,000 235,000 245,000 5722-RECREATION PROGRAM 129,876 230,487 168,130 168,130 184,900 5811-ENGINEERING & INSPECTION 142,671 169,313 100,000 1,172 10,000 5812-CHGS & REIMBURSEMENTS 9,611 5,775 2,000 0 200 5845-LOT DRAINAGE INSP FEE 20,125 19,350 25,000 8,125 7,000 5855-FIELD USE CHARGE 17,600 18,720 17,700 23,085 18,100 5873-COLLEYVILLE CENTER FEES 223,040 259,152 230,000 240,000 244,400 5874-NON-RESIDENT FEE 24,445 24,170 20,050 22,840 21,900 TOTAL CHARGES FOR SERVICE $899,091 $1,024,553 $865,429 $724,967 $753,317 INTERGOVERNMENTAL REVENUE 5828-DARE OFFICER REIMB 81,444 85,517 89,792 89,792 89,792 TOTAL INTERGOVERNMENTAL REVENUE $81,444 $85,517 $89,792 $89,792 $89,792 MISCELLANEOUS REVENUE 5714-SALE OF SURPLUS PROPERTY 5716-INTEREST INCOME 5719-MISCELLANEOUS 5832-ANTENNA LEASE 5866-CELEBRATE CV CONT 5790-USE OF AVAILABLE CASH TOTAL MISCELLANEOUS REVENUE TRANSFERS IN 5872-TRANSFER FROM UTILITY FD TOTAL TRANSFERS IN 0 0 17,000 26,105 3,000 547,029 352,069 255,000 175,000 100,000 74,954 94,144 55,000 82,000 55,000 74,303 74,305 64,000 30,000 30,208 650 0 0 0 0 0 0 833,523 833,523 702,000 $696,936 $520,518 $1,224,523 $1,146,628 $890,208 664,085 661,936 756,787 816,297 816,297 $664,085 $661,936 $756,787 $816,297 $816,297 TOTAL GENERAL FUND REVENUES $16,927,654 $17,928,552 $19,391,580 $18,682,010 $18,982,131 FY 2010 REVENUE ESTIMATE UTILITY FUND OPERATING REVENUE FY 07 FY 08 FY 09 FY 09 FY 10 ACTUAL ACTUAL BUDGET PROJECTED BUDGET 5817-WATER SALES 6,141,512 7,835,523 7,341,404 7,341,404 7,996,383 5818-SEWER SALES 2,132,689 2,368,178 2,264,638 2,498,700 2,493,105 5821-SEWER INSTALLATION 21,400 20,790 22,900 7,500 7,500 5822-WATER INSTALLATION 41,530 41,340 48,000 17,000 2,100 5827-ENGINEERING & DEV 78,063 70,789 35,000 2,459 20,000 5829-SEWER TIE-ON CHARGES 20,908 6,000 5,000 9,000 5,000 5833-PENALTIES 155,303 183,426 168,106 172,202 167,985 5839-MISCELLANEOUS REVENUE 30,603 15,948 15,000 15,000 15,000 TOTAL OPERATING REVENUE $8,622,008 $10,541,994 $9,900,048 $10,063,265 $10,707,073 NON-OPERATING REVENUE 5716-INTEREST INCOME 718,551 258,377 350,000 125,000 75,000 5790-USE OF AVAILABLE CASH 0 0 100,000 0 0 TOTAL NON-OPERATING REVENUE $718,551 $258,377 $450,000 $125,000 $75,000 TOTAL INCOME $9,340,559 $10,800,371 $10,350,048 $10,188,265 $10,782,073 FY 2010 REVENUE ESTIMATE DRAINAGE UTILITY FUND OPERATING REVENUE FY 07 FY 08 FY 09 FY 09 FY 10 ACTUAL ACTUAL BUDGET PROJECTED BUDGET 5942-DRAINAGE FEES 828,780 845,577 859,728 859,728 872,766 5833-PENALTIES 13,193 13,436 15,045 15,045 15,273 TOTAL OPERATING REVENUE $841,973 $859,013 $874,773 $874,773 $888,039 NON-OPERATING REVENUE 5825-INTEREST INCOME 44,896 26,039 31,500 12,000 7,500 5790-USE OF AVAILABLE CASH 0 0 68,000 48,000 0 TOTAL NON-OPERATING REVENUE $44,896 $26,039 $99,500 $60,000 $7,500 TOTAL INCOME $886,869 $885,052 $974,273 $934,773 $895,539 ORDINANCE 0-09-1727 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE CITY OF COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE ON OCTOBER 1, 2009 WHEREAS, in compliance with Article 689a-14, Vernon's Texas Civil Statutes, the City Manager did file with the City Secretary, a copy of the budget of the proposed expenditures for the fiscal year beginning October 1, 2009, and ending September 30, 2010, such filing being more than thirty (30) days prior to the date on which the City Council makes its tax levy for said fiscal year; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the budget of the proposed expenditures for the fiscal year beginning October 1, 2009, and ending September 30, 2010, which was prepared by the City Manager, a copy of which is on file in the Office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010. Sec. 3. THAT appropriation amounts for the Fiscal Year 2010 budget for the different funds of the City of Colleyville are hereby fixed as follows: General Fund $19,891,970 Utility Fund (Water & Wastewater) $10,510,469 Debt Service Fund $ 2,480,396 Drainage Utility Fund $ 803,149 Sec. 4. THAT the City Manager is hereby authorized to execute all contracts and documents for which funding is appropriated in the aforementioned budgets. AND IT IS SO ORDERED. Ordinance 0-09-1727 Page 2 of 2 The first reading and public hearing being conducted on September 1, 2009. The second reading and public hearing being conducted on September 15, 2009. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THIS THE DAY OF 2009, BY THE FOLLOWING VOTE: David Kelly Michael Muhm Jon Ayers Mike Taylor Carol Wollin Stan Hall Tom Hart ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney i:uy ~~r City of Colleyville 100 Mtain Street ~ Colleyville, Texas 76034 r~,~.,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1728 File Number: 0-09-1728 Version: 1 File Type: Ordinance Agenda Date: 09/01/2009 Status: First Reading Controlling Body: City Council Requester: Finance Department Agenda No.: 6b Final Action: File Name: Adoption of the Ad Valorem Tax Rate for Fiscal Year 2010 (FY 2010) Attachments: Ordinance 0-09-1728.pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/01/2009 City Council Title Adoption of the Ad Valorem Tax Rate for Fiscal Year 2010 (FY 2010) Explanation First Reading and Public Hearing Chapter 26, Texas Property Tax Code, requires taxing units to comply with "Truth-in-Taxation" laws in setting tax rates and perform an effective tax rate calculation. The calculated Fiscal Year 2010 (FY 2010) effective tax rate is $.3643371. As the proposed rate of $.3559 is lower than the effective tax rate of $.3643371, legislation requires that a city only need to publish the "Notice of Effective Tax Rate" to be in compliance with Chapter 26 of the Texas Property Tax Code. The "Notice of Effective Tax Rate for FY 2010 was published on Thursday, August 6, 2009 in the Fort Worth Star-'Telegram. In order that the citizens of Colleyville be informed of the proposed FY 2010 tax rate, City Council adopted Resolution R-09-3128 reflecting their intention to adopt a tax rate of $.3559 per hundred dollars of valuation at a public hearing held on August 11, 2009. The FY 2010 proposed tax rate of $.3559 per hundred dollars of valuation is unchanged from FY 2010 to FY 2009 and this is the third year the tax rate is $.3559. The average residential value for FY 2009 was $391,133 and the average residential value for FY 2010 is $398,957. This equates to an annual property tax adjustment of $27.85 to support City services, or an adjustment of $.08 per day. Principally driving the increase in average property value between FY 2009 and FY 2010 was higher permit values for new residential constructions as the average value of new homes constructed in the assessment period was almost $500,000. The average value for existing property on the tax roll decreased .25%. As a point of reference, the effective tax rate calculation set the interest and sinking rate (Debt Service Fund rate) at $.057262. The remainder of the tax rate of $.298638 will be City of Colleyville Page 1 Printed on 8/25/2oos Agenda Briefing Continued (0-09-1728) allocated to operations and maintenance (General Fund rate). The ordinance adopting the FY 2010 tax rate reflects these rates as required by the effective tax rate calculation. In comparison to the FY 2009 tax rate allocation, the FY 2010 operation and maintenance portion of the tax rate is adjusted to account for declining existing debt and growth in valuation. Financial Impact It has been determined that adoption of the tax rate and its subsequent levy will provide a portion of the funding for the Fiscal Year 2010 budget. Recommendation Approval City of Colleyville Page 2 Printeal on sizaauva ORDINANCE 0-09-1728 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR 2010; ESTABLISHING THE AD VALOREM TAX RATE OF THIRTY-FIVE AND FIFTY-NINE HUNDREDTHS CENTS ($.3559) PER ONE HUNDRED DOLLARS PROPERTY ASSESSMENT; PROVIDING FOR APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND FOR GENERAL OPERATING NEEDS, PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES, AND TO BECOME EFFECTIVE ON OCTOBER 1, 2009 WHEREAS, a budget has been adopted by the City Council of the City of Colleyville, Texas, covering the proposed expenditures of the municipal government of the City of Colleyville for the fiscal year beginning October 1, 2009 and ending September 30, 2010; and WHEREAS, said budget reflects the needs for revenue to meet the expenses proposed therein; and WHEREAS, the City is required to accumulate an Interest and Sinking Fund for certain outstanding bond indebtedness. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT there is hereby levied an ad valorem tax that shall be collected for the use and support of the municipal government of the City of Colleyville. It shall provide the legally required interest and sinking fund for certain outstanding bond indebtedness during the 2010 fiscal year. Such tax shall be levied upon all property, real, personal or mixed within the corporate limits of Colleyville, Texas, which is subject to taxation. The rate of tax shall be thirty-five and fifty-nine hundredths cents ($.3559) on each one hundred dollars ($100.00) property assessment. Said tax levied for and apportioned to the following specific purposes: A. For the General Fund, a tax rate of $.298638 is levied. B. For the Interest and Sinking Fund, a tax rate of $.057262 is levied. Ordinance 0-09-1728 Page 2 of 2 Sec. 2. THAT taxes levied by this ordinance shall be due and payable on the first day of October 2009, and shall become delinquent on the first day of February 2010, if unpaid. Upon taxes becoming delinquent, interest and penalty will be added as required in Section 33.01 of the Texas Property Tax Code, and shall commence on the first day of February 2010. The City of Colleyville is hereby authorized to adopt any and all legal remedies provided by the Texas Property Tax Code for the purpose of collecting delinquent taxes. AND IT IS SO ORDERED. The first Reading and Public Hearing being conducted on September 1, 2009. The second Reading and Public Hearing being conducted on September 15, 2009. PASSED, APPROVED COLLEYVILLE, TEXAS, FOLLOWING VOTE: David Kelly Michael Muhm Jon Ayers Mike Taylor ATTEST: AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF THIS THE DAY OF 2009, BY THE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Carol Wollin Stan Hall Tom Hart CITY OF COLLEYVILLE David Kelly Mayor Matthew C.G. Boyle City Attorney 4~ ~~~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 T.~a: Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1729 File Number: 0-09-1729 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: 6c Final Action: File Name: Amending Ordinance 0-92-880 setting fees and charges for City facilities Attachments: Public Safety Cost Recovery Fees Memo.pdf Parks Proposed Fees memo.pdf Miscellaneous Fee Ordinance -Office of the City Secretary.pdf Colleyville Center Advisory Committee Fee Recommendations.pdf Colleyville Public Library Miscellaneous Fee Recommendations.pdf Ordinance 0-09-1729.pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/01/2009 City Council Title Amending Ordinance 0-92-880 setting fees and charges for City facilities Explanation Reading and Public Hearing As a part of the budget process, department directors review the miscellaneous fees charged by their department and propose new fees, revisions of current fees, or deletions of fees due to ordinance changes. The Interim Fire Chief is recommending a fee schedule to recover public safety expenses related to specific emergency incident responses within the City which are responded to by public safety personnel. Those responses are natural gas leaks and hazardous material releases caused by contractors or carriers which require an on scene response and creates the potential for crews to be unavailable for other emergencies for one hour or more. Incidents involving negligence related to drug and/or alcohol impairment also would be billed for public safety services if the incident involved any criminal offense greater than a Class C misdemeanor. The proposed fees are the established hourly rates for emergency vehicle use contained in the current Federal Emergency Management Agency (FEMA) Schedule of Equipment Fees. Additionally, hourly employee costs will be recovered based upon actual employee salary expenses during the incident. The following table lists each type of equipment and the associated fee: Type of Equipment Description Fee Ambulance To 210 HP $41.00/hr Police Car Patrolling $0.63/mile Police Car Stationary $18.00/hr City of Colleyville Page 1 Printed on 8/26/2009 Agenda Briefin~c Continued (0-09-1729) Fire Truck 1500 GPM $95.00/hr Fire Truck 2000 GPM $105.00/hr Ladder Truck At least 75' $145.00/hr Effective January 1, 2010, the Parks Department is proposing to establish rental fees for the new group pavilion at McPherson Park at $40 per hour for residents and $60 per hour for non-residents. This new pavilion will accommodate twice as many people as existing pavilions. The current fees for smaller park pavilions are $20 per hour for residents and $30 per hour for non-residents. Additionally, it is proposed a fee of $100 for residents or non-residents, be assessed for holding a wedding in a park without any amenities. This fee proposal is in response to inquiries about park weddings and based on staff research, is commensurate with other cities' rates. The City Secretary is proposing deleting fees for copies, CDs, and video cassettes as the Texas State Library and Archives Commission establishes the fees for providing information to the public. There is an addition to the ordinance which states "The City of Colleyville will charge fees for public information in accordance with the Texas State Library and Archives Commission". This will then cover all fees allowed and if the Commission changes the fee structure, the City's fee ordinance and the Commission's fee structure will be consistent. The Colleyville Center Advisory Committee is proposing increasing the catering fee for all categories from 12% to 15% with a minimum of $1.00 per person for non-profit rate categories and a minimum of $1.50 per person for all other categories. Increasing the kitchen usage fee from $1.00 per person to $2.00 per person for weekend standard, resident and business categories. There is no increase in the non-profit kitchen usage fees. These fees were benchmarked with other area facilities and approved unanimously by the Colleyville Center Advisory Committee on May 18, 2009. The Library Board proposes deletion of the diskette fee (no longer needed due to travel drives and on-line file saving options), an increase of the renewal limits from 2 to 5 for all materials except holiday books and MP3 players and removal of the statement, "if a replacement is purchased by the patron, the processing cost is $10.00". These changes were approved unanimously by the Library Board on February 9, 2009. Financial Impact It has been determined that the estimated financial impact of the proposed fee changes is less than $4,000. Recommendation Approval City of Colleyville Page 2 Printed on 8/2f~2009 c`tY °f FIRE DEPARTMENT ~' ` ~ ' MEMORANDUM 7'exa=+ TO: Terry Leake, Finance Director FROM: Russell Shelley, Interim Fire Chief DATE: August 12, 2009 SUBJECT: Public Safety Cost Recovery Fees Per the City Manager's direction we are submitting a fee schedule for inclusion in the City of Colleyville's Miscellaneous Fee Ordinance to recover public safety expenses related to certain emergency incident responses. Those responses will include natural gas leaks and hazardous materials releases caused by contractors or carriers which require an on scene response where crews are unavailable for other emergencies for one hour or more. Incidents involving negligence related to drug and/or alcohol impairment would be billed for public safety services if the incident involved any criminal offense greater than a Class C misdemeanor. These fees are based upon the established hourly rates for emergency vehicle use within the most recent FEMA Schedule of Equipment Fees. In addition, hourly employee costs will be recovered based upon actual employee salary expenses during the incident. The following table lists each type of fee and its associated charge: T e of E ui ment Descri tion Fee Ambulance To 210 HP $41.00/hr Police Car Patrollin $0.63/mile Police Car Stationa $18.00/hr Fire Truck 1500 GPM $95.00/hr Fire Truck 2000 GPM $105.00/hr Ladder Truck At least 75' $145.00/hr I-nl~-nCi7;7_1~1~1~J-~il TO: Terry Leake, Finance Director FROM: Monica Sue Walsh, Director of Parks and Recreation ~,~.~G~ DATE: August 6.2009 SUBJECT: Parks Proposed Fees Colleyville has six (6) park pavilions that are available for rentals. Our current pavilion fees for rentals are $20 per hour for residents and $30 per hour for non-residents. We will open a new group pavilion at McPherson Park in the near future. This pavilion will hold twice as many people than our existing ones. We are proposing a new fee for the McPherson Group Pavilion of $40 per hour for residents and $60 per hour for non-residents. Staff has had several inquiries about having a wedding in a park. At this time we do not have a fee structure for this request. Staff is proposing a $100 fee per wedding event in a park. Staff has researched other cities' rates and has found rates fluctuate with the wedding amenities. Since we are going to provide a park without any amenities the fee would be $100 per event for residents/non-residents. Staff recommends implementing the new rates on January 1, 2010. C~~>' o/ (~° ~~ T~,:,> OFFICE OF THE CITY SECRETARY TO: Terry Leake, Finance Director FROM: Cynthia Singleton, City Secretary DATE: July 23, 2009 SUBJECT: Miscellaneous Fee Ordinance -Office of the City Secretary The Texas Library and Archives Commission establishes the fees for providing information to the public. The fees include paper copies, video and audio cassettes, various electronic media mediums and overhead charges. I propose the fee ordinance state, "The City of Colleyville will charge fees for public information in accordance with the Texas State Library and Archives Commission". The statement will then cover all fees allowed and if the Commission changes the fee structure, the City's fee ordinance and the Commission fee structure will be consistent. If select fees are listed in the ordinance, it could be interpreted that the fees listed are the only ones for which the City charges. The basic fees for processing open record requests will be provided to staff in the correspondence regarding the request for information. This will allow staff to calculate an estimate of fees, which must be provided to the requestor, if the fees exceed $40.00. MEMORANDUM TO: Terry Leake, Finance Director FROM: Lin Przybyl, Colleyville Center Manager DATE: July 28, 2009 SUBJECT: Colleyville Center Advisory Committee Fee Recommendation At the May 18, 2009 meeting of the Colleyville Center Advisory Committee, the committee proposed an adjustment to the catering fee be recommended to City Council for consideration. The committee reviewed the annual benchmarking survey of comparable municipally- owned facilities with similar client bases, marketing strategies and quality of services. The survey indicated that Colleyville Center fees are in a median range. All of the benchmarked facilities provide in-house catering and/ or receive significant revenues from contract or in-house alcohol sales which Colleyville Center does not. Colleyville Center offers its customers liberal policies and fewer restrictions than comparable venues. The catering fee is an appropriate ancillary service where an adjustment was justified. Attached you will find the May 18, Fee Review and Recommendation Memo. After discussion and further consideration the Advisory Committee unanimously agreed on the following adjustment for FY 2010: To increase the catering fee from 12% to 15% with a minimum of $1 per person for non-profit bookings and a minimum of $1.50 per person for all other categories. Kitchen usage fees will be $1 per person weekdays and $2 per person on weekends for Standard, Resident and Business categories Non-profit kitchen usage fees will remain the same at $1 per person with a $300 maximum The impact to overall revenues will be minimal. The weekend minimum of $1.50 per person will affect only a small percentage of caterers as most catering invoices currently exceed the $1.50 per person minimum. The 3% increase in catering fees plus the increased minimum of $1.50 per person should result in increased revenues of an estimated $1,000 for FY 2010. Attachments: Colleyville Center Annual Fee Review and Recommendation -May 18, 2009 Fee and Policy Benchmark Survey -May 2009 ATTACHMENT A FEE AND POLICY BENCHMARK SURVEY RESULTS-MAY 2009 Due to the uniqueness of Colleyville Center as a venue it is important to note that each benchmarked facility has a distinct mission within their community. A significant portion of revenues from these benchmarked facilities are derived from their services not their rental fees. Considerable revenues come from services such as staffed full-service kitchens or restrictive catering; full-service linens, alcohol permits or contractual alcohol sales with a designated percentage returned to the facility. The following comparisons are weekend rates for comparable square footage. FACILITY COMP RATE CATERING/ALCOHOL NOTE SQ FT COLLEYVILLE Catering Fee 12%-$1 pp min Sat. prime rate CENTER 8,000 $1,600 Open Policy no restrictions $1,400 Set up included Kitchen Usage without use of caterer allowed $1PP KU - M-TH $2PP KU - FR-SU No Alcohol Revenues -allowable use of Open Bar at no charge ADDISION 15% Fee with restricted caterers Social Rate CONFERENCE 6,600 $ 2,940 only Corporate CENTER $ 1,800 Prime Rate 15% Fee on cash or open bar with restricted caterer Set-up included GRAPEVINE Full In-House services available Multi-day CONVENTION 8,000 $ 1,400 or 12% fee of restricted caterers bookings for CENTER w/min weekends. Trade shows, Contractual Alcohol Service etc. TABC licensed Bar contracted with Vendor and 10% fee Set-up included PLANO Full In-House services available $12,000 FOR CENTER 3,556 $ 800 200 person Alcohol permit Wedding TABC Licensed for Bar Services Package -All inclusive Set-up included WAXAHACHIE Full In-House services available. Set-up included CIVIC CENTER 5,964 $ 875 Restricted caterer with 10% fee. Contractual Alcohol Service TABC Licensed Bar contracted with Vendor and 10% fee MEMORANDUM TO: Terry Leake, Finance Director FROM: Mary E. Rodne, Library Director DATE: August 10, 2009 SUBJECT: Miscellaneous Fee Ordinance Update - Colleyville Public Library At the August 10, 2009, Library Board Meeting, the Library Board reviewed and discussed current miscellaneous fees, circulating materials restrictions and materials replacement and processing fees for the Library and unanimously recommended the following changes for the Library. FEE SCHEDULE CHANGES: • Remove the computer diskette fee as this fee is no longer needed due to travel drive and online file saving options At the February 09, 2009, Library Board Meeting, the Board reviewed and discussed circulating materials restrictions, and materials replacement and processing fees for the Library, and unanimously approved recommended changes to facilitate patron usage of the Library's self-check and online features such as renewals. Additionally, a change was approved to facilitate staff in administrating materials replacement and processing fees guidelines. The approved changes included: CIRCULATING MATERIALS RESTRICTIONS changes: • Increased renewal limits for all materials except holiday books and MP3 players from 2 to 5 REPLACEMENT AND PROCESSING FEES MATERIALS changes: • Removed statement: If a replacement is purchased by the patron, the processing cost is $10.00. As a point of reference, no other recommended changes were made to the Fees/Fines schedule. Attachments: Colleyville Public Library Fee Schedule Colleyville Public Library Circulating Materials Restrictions Schedule Colleyville Public Library Materials Replacement and Processing Fees Schedule COL.LEYVILLE COLLEYVILLE PUBLIC LIBRARY PUBLIC I:IBftARY FEE SCHEDULE SERVICE FEE Meeting Room Damage Deposit $100.00 Upper Level Damage Deposit $250.00 Space Rental Meeting Room First Two Hours Each Additional Hour $25.00 $10.00 Upper Level First Two Hours Each Additional Hour $300.00 $50.00 Equipment Rental Data/Video LCD Projector Hourly Full Day $50.00 $400.00 Front Projection Screen $25.00 DVD+VHS VCR Recorder $35.00 CD/Tape Player $20.00 Podium $35.00 Printing/Computer Print Card $0.50 Color Copies (per page) $1.00 Black and White Copies (per page) $0.10 Fax Fax -Incoming (per page) $1.00 Fax -Outgoing (per page) $1.00 Fax -Long Distance (per page) $2.00 Interlibrary Loan Interlibrary Loan Materials Not Picked Up $2.00 Non-Resident Libra Card er card Non-Resident Non-TexShare, Non-Reci vocal Borrowin Partici atin Home Libra $25.00 Non-Resident Without Home Libra $25.00 COLLEYVILLE COLLEYVILLE PUBLIC LIBRARY PUBLIC LIBRARY MATERIALS LOAN PERIOD LIMITS* FEES/FINES** RENEWAL *** LIMITS Fiction Books 21 days No Limit $0.25 per day 5 Non-Fiction Books 21 days No Limit $0.25 per day 5 Best Sellers 7 or 14 days No Limit $0.25 per day 5 Magazines 7 days No Limit $0.25 per day 5 Pamphlets 7 days No Limit $0.25 per day 5 Feature Length DVDs (60 min+) 7 days 10 $1.00 per day 5 Educational /DVDs 7 days 10 $0.25 per day 5 Children's DVDs (under 60 min.) 7 days 10 $0.25 per day 5 Compact Discs 7 days 10 $0.25 per day 5 J Kits 21 days No Limit $0.25 per day 5 Books on Compact Disc 21 days No Limit $0.25 per day 5 J Holiday books 7 days varies by holiday $0.25 per day 0 during holiday MP3 Players 21 days 1 $1.00 per day 1 No limit until a maximum of 40 items is reached. A total of 40 items per card. ** Overdue fines threshold is $5.00. "** Renewals are allowed when materials are not on reserve for another patron. Revised Circulation Policy Page 1 of 1 February 2005/February 2009 COLLEYYILLE COLLEYVILLE PUBLIC LIBRARY ~ --• PUBLIC LIBRARY ITEM COST PROCESSING FEE Library Card $2.00 $0.00 Book Cost of item $5.00 Paperback Book Cost of item $5.00 Board Book Cost of item $2.00 Magazine Cost of item $2.00 Compact Disc Cost of item $5.00 Lost Compact Disc Outer Insert $0.00 $5.00 Book on CD Cost of item $5.00 Lost/damaged single book on CD disc Cost of single CD $1.00 DVD Cost of item $5.00 Lost DVD Outer Insert $0.00 $5.00 Audio-visual material containers Cost of item $5.00 Kit Bags Cost of item $2.00 Bar Codes/RFID tags $1.00 $0.00 MP3 Player Cost of item $5.00 ORDINANCE 0-09-1729 AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance 0-92-880 and it is desirous to update and add to those fees; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (c) of the City of Colleyville Code of Ordinances shall be revised with the following additions: (c) The following schedule of fees shall be administered by the Fire Chief: Recovery of expenses related to natural gas leaks and hazardous materials releases caused by contractors or carriers which require an on scene response where crews are unavailable for other emergencies for one hour or more and incidents involving negligence related to drug and/or alcohol impairment will be billed for public safety services if the incident involved any criminal offense greater than a Class C misdemeanor will be as follows: Employee costs -Actual employee salary costs during the incident Emergency Vehicle Use Fees: Ambulance - to 210 HP $ 41.00/hour Police Car- Patrolling $ 0.63/mile Police Car -Stationary $ 18.00/hour Fire Truck - 1500GPM $ 95.00/hour Fire Truck - 2000 GPM $105.00/hour Ladder Truck - at least 75' $145.00/hour Ordinance 0-09-1729 Page 2 of 3 Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (h) of the City of Colleyville Code of Ordinances shall be revised with the following additions: McPherson Park Group Pavillion Rental per hour (no minimum) -Colleyville Residents $ 40.00 McPherson Park Group Pavilion Rental per hour (no minimum) -Non-Colleyville Residents $ 60.00 Wedding event in a park without amenities $100.00 Sec. 4. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (i) of the City of Colleyville Code of Ordinances shall be revised with the following deletions: Copies: Per page Each copy thereafter $ 0.10 $ 0.10 Non-rewritable CD (each) $ 1.00 Audio cassette (each) $ 1.00 VHS video cassette (each) $ 2.00 Sec. 5. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (i) of the City of Colleyville Code of Ordinances shall be revised with the following additions: The City of Colleyville will charge fees for public information in accordance with the Texas State Library and Archives Commission. Sec. 6. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 Q) of the City of Colleyville Code of Ordinances shall be revised with the following revisions: Standard, Business and Resident kitchen usage 1.00 per person weekday and $2 per person weekends Catering Fee (all rate categories) 15% Sec. 7. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 Q) of the City of Colleyville Code of Ordinances shall be revised with the following deletions: Computer diskette $ 1.00 Sec. 8. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (k) of the City of Colleyville Code of Ordinances shall be revised with the following revisions as shown on "Colleyville Public Library Circulating Materials Restrictions -Exhibit 1 ". Ordinance 0-09-1729 Page 3 of 3 Sec. 9. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (k) of the City of Colleyville Code of Ordinances shall be revised with the following revisions as shown on "Colleyville Public Library Materials Replacement and Processing Fees -Exhibit 2". Sec. 10. THAT the effective date of this ordinance shall be October 1, 2009 for Sec. 2, Sec. 4, Sec. 5. Sec. 6, Sec. 7, Sec. 8 and Sec. 9. Sec. 11. THAT the effective date of this ordinance shall be January 1, 2010 for Sec. 3. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT 1 COLLEYVILLE COLLEYVILLE PUBLIC L~~RARY • PUBLIC: L1BR~RY MATERIALS LOAN PERIOD LIMITS* FEES/FINES** RENEWAL MITS*** LI Fiction Books 21 days No Limit $0.25 per day 5 Non-Fiction Books 21 days No Limit $0.25 per day 5 Best Sellers 7 or 14 days No Limit $0.25 per day 5 Magazines 7 days No Limit $0.25 per day 5 Pamphlets 7 days No Limit $0.25 per day 5 Feature Length DVDs (60 min+) 7 days 10 $1.00 per day 5 Educational /DVDs 7 days 10 $0.25 per day 5 Children's DVDs (under 60 min.) 7 days 10 $0.25 per day 5 Compact Discs 7 days 10 $0.25 per day 5 J Kits 21 days No Limit $0.25 per day 5 Books on Compact Disc 21 days No Limit $0.25 per day 5 J Holiday books 7 days varies by holiday $0.25 per day 0 during holiday MP3 Players 21 days 1 $1.00 per day 1 * No limit until a maximum of 40 items is reached. A total of 40 items per card. ** Overdue fines threshold is $5.00. *** Renewals are allowed when materials are not on reserve for another patron. EXHIBIT 2 COLLEYVILLE COLLEYVILLE PUBLIC LIBRARY • ~ --• PUBLIC LIBftAtLY ITEM COST PROCESSING FEE Library Card $2.00 $0.00 Book Cost of item $5.00 Paperback Book Cost of item $5.00 Board Book Cost of item $2.00 Magazine Cost of item $2.00 Compact Disc Cost of item $5.00 Lost Compact Disc Outer Insert $0.00 $5.00 Book on CD Cost of item $5.00 Lost/damaged single book on CD disc Cost of single CD $1.00 DVD Cost of item $5.00 Lost DVD Outer Insert $0.00 $5.00 Audio-visual material containers Cost of item $5.00 Kit Bags Cost of item $2.00 Bar Codes/RFID tags $1.00 $0.00 MP3 Player Cost of item $5.00 G~ o! ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~..~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1730 File Number: 0-09-1730 Version: 1 File Type: Ordinance Agenda Date: 09/01/2009 Requester: Finance Department Agenda No.: 6d Status: First Reading Final Action: File Name: Adoption of the Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget Attachments: FY 2010 Budget Summary.pdf Ordinance 0-09-1730.pdf Controlling Body: City Council History of Legislative File Version: Date: Acting Body: Action Text: 09/01/2009 City Council Title Adoption of the Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget Explanation First Reading and Public Hearing Per the Corporate Bylaws, the Board of Directors must adopt an annual budget for the Colleyville Economic Development Corporation (CEDC). This budget must also be approved and adopted by the City Council. The CEDC Board adopted the FY 2010 budget proposed in Ordinance 0-09-1730 at the annual board meeting held August 25, 2009. This budget contains FY 2010 expenditures in the Economic Development Capital Improvement Program FY 2010 - 2014 adopted by the Board. The sales tax portion of the revenue estimate ($1,280,688) is one-half of the sales tax revenue estimate in the City's proposed FY 2010 budget. Total proposed expenditures include the following: • Personnel -Senior Center Supervisor position • City roadway entry markers - $179,860 is a carry forward from the FY 2009 budget • Library second floor expansion • Library collection sorter • Pleasant Run Trail construction • Senior Center Open Space senior elements • Webb House crossing trail construction - $10,000 is a carry forward from the FY 2009 budget • L.D. Lockett house path trail construction •. Water/wastewater McPherson splash pad $ 70,654 $ 293,521 $ 575,000 $ 86,491 $ 270,000 $ 200,000 $ 40, 000 $ 100,000 $ 35,000 City of Colleyville Page 1 Printed on 8/28/2009 Agenda Briefing Continued (0-09-1730 • Debt service on the 2005 sales tax refunding bonds $ 646,290 • Marketing $ 216,400 • Transfer to Arts Fund for acquisition of art pieces $ 10,000 placed in City-owned high-visibility locations • Keep Colleyville Beautiful agency request $ 3,000 • Board, audit and insurance expense $ 2,000 The budget also utilizes $1,497,996 in available cash balance, with the projected ending Fiscal Year 2009 Fund Balance being $2,255,064. Financial Impact It has been determined that adoption will provide appropriations for the FY 2010 budget. Recommendation Approval City of Colleyville Page 2 Printed on 8/20/2009 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION FY 2010 BUDGET SUMMARY FY 2009 FY 2010 ANTICIPATED PROPOSED BEGINNING FUND BALANCE $ 1,881,856 $ 2,255,064 REVENUES: SALES TAX REVENUES $ 1,280,688 $ 1,280,688 INTEREST INCOME $ 16,755 $ 28,188 USE OF AVAILABLE CASH $ - $ 1,497,996 TOTAL REVENUES $ 1,297,443 $ 2,806,872 LESS EXPENSES: ADMINISTRATIVE EXPENSES: $ 2,000 $ 2,000 MARKETING $ 59,462 $ 216,400 PERSONNEL- SENIOR CENTER SUPERVISOR $ 64,429 $ 70,654 KEEP COLLEYVILLE BEAUTIFUL AGENCY AGREEMENT $ - $ 3,000 WATER-MC PHERSON PARK $ - $ 35,000 TRANSFER TO ARTS FUND $ 7,500 $ 10,000 DEBT SERVICE $ 643,195 $ 646,290 CAPITAL PROJECTS: ENTRY MARKERS $ 15,195 $ 293,521 LIBRARY SECOND FLOOR EXPANSION $ - $ 575,000 LIBRARY COLLECTION SORTER $ - $ 86,491 MC PHERSON PARK PHASE II CONSTRUCTION $ - $ - SENIOR CENTER OPEN AREA -SENIOR ELEMENTS $ - $ 200,000 TRAIL CONSTRUCTION -PLEASANT RUN $ 132,454 $ 270,000 TRAIL CONSTRUCTION - WEBB HOUSE CROSSING $ - $ 40,000 TRAIL CONSTRUCTION - L. D. LOCKETT HOUSE PATH $ - $ 100,000 TOTAL EXPENSES $ 924,235 $ 2,548,356 EXCESS REVENUES OVER EXPENSES $ 373,208 $ 258,516 ENDING FUND BALANCE $ 2,255,064 $ 1,015,584 NOTE: A COVERAGE RATIO OF 1.4 IS REQUIRED TO MEET THE SALES TAX BOND COVENANTS. FOR FY 2010 REVENUES MUST EXCEED EXPENDITURES BY AT LEAST $258,516. ORDINANCE 0-09-1730 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY WHEREAS, the Bylaws of the Colleyville Economic Development Corporation require the Board of Directors of the Corporation to adopt a budget of proposed revenues and expenditures and the budget must be formally approved by the City Council; and WHEREAS, on August 25, 2009, the Board of Directors of the Colleyville Economic Development Corporation approved the following budget for expected revenues and expenditures; and WHEREAS, the Colleyville Economic Development Corporation Board of Directors and the City Council has determined that the projects, included in the annual budget for the fiscal year beginning October 1, 2009 through September 30, 2010, further the objectives of the purpose of the Colleyville Economic Development Corporation, as established by the electorate of the City and the provisions of state statute. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the budget of the proposed revenues and expenditures for the fiscal year beginning October 1, 2009, and ending September 30, 2010, for the Colleyville Economic Development Corporation, a copy of which is on file in the Office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010. Sec. 2. THAT the revenue and expenditure amounts for the Fiscal Year 2010 budget for the Colleyville Economic Development Corporation are hereby fixed as follows: Revenues $ 2,806,872 Expenditures $ 2,548,359 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. Ordinance 0-09-1730 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney ,:~ ~ .,,. ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~-~~~- Agenda Briefing 817.503.1000 vvww.colleyvi lle.com File Number: 0-09-1731 File Number: 0-09-1731 Version: 1 File Type: Ordinance Agenda Date: 09/01/2009 Requester: Finance Department Agenda No.: 6e Final Action: File Name: Amending Section 2 of Ordinance 0-08-1688 relating to the Fiscal Year 2009 General Fund budget and authorizing the City Manager to transfer unspent budget appropriations to the Capital Projects Fund Attachments: Ordinance 0-09-1731.pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/01/2009 City Council Title Amending Section 2 of Ordinance 0-08-1688 relating to the Fiscal Year 2009 General Fund budget and authorizing the City Manager to transfer unspent budget appropriations to the Capital Projects Fund Explanation First Reading and Public Hearing The proposed ordinance will amend Section 2 of Ordinance 0-08-1688 of the Fiscal Year 2009 General Fund budget to account for additional payments for recreation instructors and allow the City Manager to authorize the transfer of the unspent Fiscal Year 2009 (FY 2009) General Fund budget appropriations for street resurfacing (account 001-33-6319) and up to $150,000 from the General Fund difference in FY 2009 revenues over expenditures to the Capital Projects Fund on September 30, 2009. • Additional recreation revenue over projections - $60,095 • Savings in street rehabilitation and resurfacing projects -Street Department - $605, 000 • Street CIP General Fund difference between revenues and expenditures - up to $150,000 The Recreation department anticipates collecting approximately $239,000 in recreation program revenue in FY 2009, which is $70,700 more than was anticipated. The majority of the instructors are paid a percentage of the revenue collected and it is anticipated the instructor line item will expend $200,100 by the end of FY 2009. As the current line item budget for Recreation Instructors is $121,110, it is necessary to amend the FY 2009 Status: First Reading Controlling Body: City Council City of Colleyville Page 1 Printed on 8/25/2009 Agenda Briefing Continued (0-09-1731) General Fund budget by $60,095. The revised total for FY 2009 General Fund budget is $19,451,503, an increase of $60,095 over the adopted budget of $19,391,408. Included in the FY 2009 General Fund street maintenance plan was the rehabilitation of Saddlebrook Drive ($215,000) to be paid from the General Fund Street Department line item 001-33-6319. This project was performed by Tarrant County Public Works in a cooperatve effort with the City. Additional improvements were performed,. including the rehabilitation of streets in the Tara Plantation Subdivision and resurfacing of several thoroughfare and arterial street segments throughout the City. Construction activity in the region was greatly reduced in FY 2009 due to economic restraints placed on new development and municipal infrastructure improvements. As a result, construction costs for the FY 2009 street maintenance plan were substantially lower than estimated. The result of lower bids submitted by contractors was a savings in construction cost in FY 2009 of approximately $605,000. In order to preserve the unspent funds from the street maintenance improvement projects to be completed in FY 2010, the unspent balance of the General Fund Street Department line item 001-33-6319 will be transferred to the Capital Projects fund for future street maintenance use. Additionally, as a part of the Street CIP process, City Council concurred with staff's recommendation of transferring $150,000 in the difference between revenues and expenditures to the Capital Projects Fund to fund the following years' micro resurfacing program. This is the second fiscal year this transfer will occur. Financial Impact It has been determined that the amendment to the FY 2009 General Fund budget is offset by the revenue received from the recreation programs. Also, it has been determined that funds to be transferred were appropriated as a part of the FY 2009 General Fund budget and there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 8/25/2009 ORDINANCE 0-09-1731 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 2 OF ORDINANCE 0-08-1688 OF THE GENERAL FUND BUDGET AND AUTHORIZING THE CITY MANAGER TO TRANSFER UNSPENT FISCAL YEAR 2009 (FY 2009) GENERAL FUND BUDGET APPROPRIATIONS FOR STREET RESURFACING MAINTENANCE, FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND ON SEPTEMBER 30, 2009, TRANSFER UP TO $150,000 IN THE DIFFERENCE IN FY 2009 GENERAL FUND REVENUES OVER EXPENDITURES FOR THE FY 2009 STREET MICRO RESURFACING PROJECTS TO THE CAPITAL PROJECTS FUND ON SEPTEMBER 30, 2009 WHEREAS, the due to the unanticipated popularity of the Recreation Department's recreation program and the expenses associated with the programs, it is necessary to amend the FY 2009 budget in the amount of $60,095 for Recreation department's line item (001-34-6257) making the amended total of the FY 2009 General Fund budget $19,451,503; and WHEREAS, the City Council desires to preserve unspent Fiscal Year 2009 General Fund budget appropriations for street resurfacing maintenance; and WHEREAS, the City Council desires to preserve up to $150,000 in the difference in FY 2009 revenues over expenditures for the FY 2010 street micro resurfacing projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT appropriation amounts for the Fiscal Year 2009 budget as adopted by Ordinance 0-08-1688 for the different funds of the City of Colleyville are amended to read as follows: General Fund $19,451,503 Utility Fund (Water & Wastewater) $ 9,948,581 Debt Service Fund $ 2,667,126 Drainage Utility Fund $ 887,587 Sec. 2. THAT the City Manager is authorized to transfer unspent Fiscal Year 2009 General Fund budget appropriations for street resurfacing maintenance (001-33-6319) from the General Fund to the Capital Projects Fund on September 30, 2009. Sec. 3. THAT the City Manager is authorized to transfer up to $150,000 for the difference in FY 2009 General Fund revenues over expenditures to the Capital Projects Fund in order to fund the FY 2010 street micro resurfacing program on September 30, 2009. Sec. 4. THAT the effective date of this ordinance shall be September 30, 2009. Ordinance 0-09-1731 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C.G. Boyle City Attorney ~~z:~~, ~_~, City Hall i~~~?~ ~~~ City of Colleyville 100 Main Street ` 4~ Colleyville, Texas 76034 ~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3136 File Number: R-09-3136 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 7a Final Action: Secretary File Name: Approval of changing the date of the first City Council meeting in October to Wednesday, October 7, 2009 Attachments: Resolution R-09-3136.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Approval of changing the date of the first City Council meeting in October to Wednesday, October 7, 2009 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. In consideration of National Night Out, an event designed to strengthen neighborhood spirit and police and community partnerships, to be held Tuesday, October 6, 2009, City Council may consider changing the first City Council meeting in October 2009 to Wednesday, October 7, 2009. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 8/27/2009 RESOLUTION R-09-3136 A RESOLUTION CHANGING THE DATE OF THE REGULAR CITY COUNCIL MEETING IN OCTOBER 2009 WHEREAS, in accordance with the City Charter, the City Council shall meet regularly at least twice in every month at such times as a City Council may prescribe by rule; and. WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month except when those dates may conflict with an event or holiday; and WHEREAS, National Night Out, an event designed to strengthen neighborhood spirit and police and community partnerships, will be held Tuesday, October 6, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the first regular City Council meeting in October 2009 will be held Wednesday, October 7, 2009. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS, THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor .~ <„ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 09/01/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -September 1, 2009 Attachments: Colleyville Trails and Sidewalks Committee Minutes - February 16, 2009 Colleyville Trails and Sidewalks Committee Minutes -April 28, 2009 Library Board Minutes -June 8, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/01/2009 City Council Title Colleyville Trails and Sidewalks Committee Minutes -February 16, 2009 Colleyville Trails and Sidewalks Committee Minutes -April 28, 2009 Library Board Minutes -June 8, 2009 City of Colleyville Page 1 Printed on 8/27/2009 G~~Y O( Tezas COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE MEETING MINUTES -February 16, 2009 CALL TO ORDER ROLL CALL APPROVAL OF MINUTES The meeting was called to order at 4:06 p.m. Present: Odilon Alvarado, Gail Manion, Judy Atwood and Debby Abitz Staff Present: Steve Chutchian, Jeremy Hutt, Kathy Moore Gail Manion requested that an addition to Agenda Item 1 be added to the existing minutes of November 11, 2008, stating that the Committee requested verbiage be added to the Land Development Code in reference to a distance requirement for placement of sidewalks. Judy Atwood moved to approve the minutes from the November 11, 2008 meeting as amended and the February 10, 2009 meeting with no changes. Odilon Alvarado seconded the motion. The vote was unanimous. AGENDA ITEMS 1. Election of a New Chairperson Steve Chutchian opened the meeting with regard to the election of a new chairperson. He gave a brief description of the responsibilities that go along with the position. Gail Manion stated that she would be willing to be the chairperson again if no one else wanted to do it, but she would like to see someone else take over the position. Odilon Alvarado volunteered to chair the Committee for the upcoming year. Gail Manion motioned for his election as chairperson and Judy Atwood seconded the motion. The vote was unanimous. 2. Update of the Proposed Pleasant Run Trail Improvements Jeremy Hutt gave a brief update on the Pleasant Run Trail Improvement Project, which is being funded out of CEDC funds. He informed the Committee that the project was moving along with a scheduled completion date of March 2009. There was discussion concerning additional monies that would be available in FY2010 to extend the trail from Bogart Drive south to the Village along the east side of the road or north to Tinker Road. Colleyville Trails and Sidewalks Committee Meefing Minutes -February 16, 2009 3. Discussion of the Proposed 2009 Sidewalk Improvement Project Jeremy Hutt gave a quick review of the current Sidewalk CIP Five-Year Plan, reminding the Committee that if they decide to request changes to the Five-Year Plan it will have to go before Council. He provided the Committee with current cost estimates for Colleyville Terrace, the extension of Beverly Drive, and the original projects slated for the 2009 budget year. Discussions continued concerning the project selection and the cost restraints. Steve Chutchian updated the Committee with an FYI concerning a question Gail Manion had about escrowed monies for Alianne Estates. He stated that Alianne Estates did escrow funds for sidewalks, but all their escrowed money was used to fund the reconstruction of Shelton Drive last year, along with perimeter street fees. In addition, he stated that staff reviewed all the funds that have been escrowed for sidewalks and there was nothing else escrowed along Shelton Drive. We did however find one property along Beverly Drive for around $3000. This escrow may be able to be used once Council makes a decision on the use of those unallocated escrowed funds. Jeremy Hutt returned the Committees attention back to the cost estimates and they reviewed each estimate individually with extensive discussion on each of the possible projects. Judy Atwood suggested that since Tinker Road is connected to the Pleasant Run Trail we should move that project to 2011 to match the estimated construction of the trail. Discussion continued with the Committee's priority list being Colleyville Terrace as the number one priority; Shelton Road/Hunter Lane extension as number two; Alianne Estates/Shelton Road as number three; and any funds left over are to be bid as an added alternate to extend Beverly Drive as far as possible. Steve Chutchian suggested that we combine priority number two and three as one project and the Committee agreed. All the other projects will be moved down one year, taking the Sidewalk CIP priority list to 2013. Judy Atwood made a motion to revise the Sidewalk CIP priority list for FY2009 with the aforementioned priorities and to present to Council for their approval. Gail Manion seconded the motion. The vote was unanimous. Debby Abitz questioned when the revisions on the bids would be available. Steve Chutchian stated that we would probably go out for bids in the first part of May, so we would not have an actual construction cost at the next scheduled meeting. She also questioned any additional work that could possible be done if Council approved the use of the unallocated sidewalk escrows. Steve Chutchian stated if there is additional escrowed money freed up by Council, we will bid any additional work as a separate project. Gail Manion requested staff to mail the Committee members information on any additional funding as soon as it becomes available; with the zones in which it can be used and the amounts that Council has released. Steve Chutchian agreed. Gail Manion also stated that she would like the Sidewalk Committee to meet with the Planning & Zoning Commission to explain their process in establishing the Supplemental Sidewalk Map; she thought this would give them some insight and help them become familiar with the workings of the Map. Jeremy Hutt thought that something could be scheduled with the Planning and Zoning Commission. Colleyville Trails and Sidewalks Committee Meeting Minutes -February 16, 2009 STAFF REPORTS The committee agreed to meet on Tuesday, April 28, 2009 at 4:00 p.m. CITIZEN COMMENTS There were no Citizen comments. ADJOURNMENT The meeting adjourned at 5:27 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: April 28, 2009 Colleyville Trails and Sidewalks Committee Meeting Minutes -February 16, 2009 G~fY o/ re:as COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE MEETING MINUTES -April 28, 2009 CALL TO ORDER ROLL CALL APPROVAL OF MINUTES The meeting was called to order at 4:08 p.m. Present: Odilon Alvarado, Gail Manion, Judy Atwood, Frank Zarsk and Debby Abitz Staff Present: Steve Chutchian, Jennifer Fadden, Jeremy Hutt, Kathy Moore Gail Manion requested that addition verbiage be added to the last sentence of agenda item 2, adding: "or north to Tinker Road". Judy Atwood moved to approve the minutes from the February 16, 2009 meeting as amended. Gail Manion seconded the motion. The vote was unanimous. Odilon Alvarado introduced new Committee member Frank Zarsk who gave a brief explanation of why he was interested in the Sidewalk Committee. AGENDA ITEMS 7. Update of the Proposed 2009 Sidewalk Improvement Project Jeremy Hutt handed out a timeline for the 2009 sidewalk improvement project and noted that these improvements should be complete prior to school starting. He gave a quick review of the current Sidewalk CIP Five-Year Plan, and outlined the 2009 projects to be bid for construction. Jeremy Hutt also stated that the City Council suggested that the Committee look city wide for projects in the upcoming year since the main focus has been on schools for the past several projects. There was some discussion as to what the expected bid cost would be for the 2009 improvements. Gail Manion asked if the project on Beverly Lane could be broken up if the bids are low enough. Jeremy Hutt stated that if funds are available he will probably break it up into multiple sections. Gail Manion also reminded staff that the Committee would like the sidewalks to be farther off the road than the section already completed; they requested it to be set back as far as possible. 2. Discussion of the Supplemental Sidewalk Map Waiver Request Steve Chutchian informed the Committee that the Council has looked at the escrowed Colleyville Trails and Sidewalks Committee Meeting Minutes - Apri128, 2009 funds and have divided the City into five districts, and each district will have a certain amount of money according to what has been escrowed in their district. There is now the potential to use these escrowed funds to fill in gaps and for additional sidewalks within each district. In addition, he stated that Ron Ruthven, Community Development Director, has sent out letters to approximately sixty-five residents who have escrowed money over the years to inform them of a one-time opportunity to have their escrowed money returned; The City has received twenty-five refund requests to date, with the deadline for the refund request being April 30, 2009. Staff will review each request individually and compare it to the Supplemental Sidewalk System Map; if sidewalks are not required that individual could be refunded their sidewalk escrow money. However, if sidewalks or escrowing funds are required the individual will be notified that their request is denied; they in turn can appeal staff's decision and take it to City Council. After this process is complete we will have a better idea of what funds will be available for future projects. Odilon Alvarado asked how the five districts were determined; Steve Chutchian was unsure of the exact determination or what exact dollar amounts will be available. Staff will have that information at the next scheduled Committee meeting in the summer. Odilon Alvarado also asked if the money escrowed within a district has to be put back into that district; Steve Chutchian answered yes, stating that all monies had to stay within the district in which it was paid. Gail Manion requested a copy of the letter that was sent to the individuals who had escrowed funds; Jeremy Hutt said he would pass her request on to the Community Development Department. Debby Abitz asked if the Committee would get a chance to make recommendations before any money was refunded. Steve Chutchian informed the Committee that the refund requests would not come before the Committee because the recommendations will be based on the Supplemental Sidewalk System Map. Jeremy Hutt gave the Committee a quick update on the variance request process stating that there have been three requests go before the P & Z Commission. They have for the most part held to the recommendations of the Supplemental Sidewalk System Map. They did allow for an escrow at one site that was a "build only" because there was substantial terrain issues with trees. Jeremy reviewed each variance request with the Committee and informed them of the P & Z Commission's decision for each request. Gail Manion stated that she appreciated being emailed the variance cases before they go before the P & Z Commission. Jeremy Hutt informed the Committee that those are mass emails being distributed for the packets and we were told by the City Attorney do not "respond to all" because that would create an email forum which cannot take place. If anyone on the Committee has a comment, please direct it to Amy Shelley and she will relay it to the appropriate person. STAFF REPORTS The committee agreed to meet on Tuesday, August 11, 2009 at 4:00 p.m. Colleyville Trails and Sidewalks Committee Meeting Minutes - Apri128, 2009 CITIZEN COMMENTS There were no Citizen comments. ADJOURNMENT The meeting adjourned at 4:45 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: August 11, 2009 Colleyville Trails and Sidewalks Committee Meeting Minutes - Apri128, 2009 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES June 08, 2009 I. CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:05 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Jerome Davis, Richard Roxburgh, Mary Alice Rippe and Nancy Bowen Members Absent: Steve Isbell Alternates Present: Thad Bolline Ex-Officio Members Present: Kay Newton and Cecilia Monacelli Ex-Officio Members Absent: Steve Banta, Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, and Mary Smith Staff present: Kelly Cooper and Mary Rodne II. APPROVAL OF MAY 11, 2009 MINUTES - A motion was made by Richard Roxburgh and seconded by Nancy Bowen to approve the May 11, 2009 Minutes as corrected. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In May, patrons had checked out a total of 17,353 items, 75 Colleyville residents registered for library cards, library patron visits totaled 7,631, attendance for programs totaled 812 and volunteer hours totaled 197 hours. Rodne noted that the total circulation of library materials this year was 9% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received a total of $178.16 in donations in May. The donations included: $128.16 from the Friends of the Colleyville Public Library, which was the first revenue check from their Better World Books online book sale. Also, the Friends donated a $50 speaking honorarium given to the Friends. It was noted that both donations would be used for the Summer Reading Program. c. Grants -Colleyville Woman's Club -Verizon -Glaser Library Director Mary Rodne reported that in May the Library had received $3,000.00 from a Colleyville Woman's Club 2008-2009 Circle of Hope Grant for the purchase of books on CD. Additionally, Rodne reported that the Library had received the four Early Literacy Computer Stations purchased with the $9,800 grant presented to the Library Foundation from the Verizon Foundation, and the additional $1,200 in funding from the Library Foundation. Rodne noted that the new computer stations would be put out in the children's area on the first day of the Summer Reading Program. In conclusion, it was noted that the $10,000 grant presented to the Library Foundation from the Robert J. and Helen H. Glaser Family Foundation to support the Colleyville Public Library's 2009 Summer Reading Program would once again provide funding for an outstanding line-up of summer programming. d. Library Programs 1. Summer Reading Program Director Mary Rodne distributed the brochure for the Library's 2009 Summer Reading Program, Libraries: Deep in the Heart of Texas, and presented an overview of the program. Rodne reported that during the month of May, Youth Services staff had visited area schools to promote the program, and that additionally, classes from Bransford and Colleyville Elementary Schools had walked over to the Library for tours and presentations on the Summer Reading Program. Also, it was reported that the visits had been very well received, and that the children were very excited about the activities planned for the summer. It was noted that the staff had been very busy preparing for the seven- week program, which would be launched on June 13, 2009, with a Cowboy Breakfast. Rodne indicated that the response to the event had been tremendous and that, to date, over 400 had registered for the event, which was featuring pancakes and sausage being provided by the Colleyville Lions Club. Director Rodne also announced that the response to the reading program had been outstanding, and that registrations far exceeded last year at this time. Additionally, Rodne reported that Library staff had attended the annual National Charity League volunteer sign-up event to promote summer volunteer opportunities at the Library, and that the number of National Charity League members signing up to volunteer at the Library during the summer was greater than last year. Rodne added that response to the VolunTeens program was also greater than previous years. IV. UPDATE ON THE PROCESS FOR FILLING AN UNEXPIRED ALTERNATE 1 TERM ON THE COLLEYVILLE LIBRARY BOARD Library Director Mary Rodne reported that Kathleen Hennessey had resigned from her position as Alternate 1 on the Library Board and that the City Council would be making an appointment to fill this position in September 2009. V. CITY OF COLLEYVILLE FY2010 BUDGET SCHEDULE UPDATE Assistant City Manager Kelly Cooper presented an update on the City of Colleyville FY 2010 Budget Schedule and noted that the proposed FY2010 Budget would be discussed by City Council during a Worksession in August 2009. VI. REVIEW AND DISCUSSION OF THE COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PLAN FINAL DRAFT, NOVEMBER 21, 2008 Director Mary Rodne presented the Colleyville Public Library Spatial Reorganization Plan, Final Draft, November 21, 2008, to the Library Board for review and discussion. A motion was made by Mary Alice Rippe and seconded by Pat Jones to approve The Colleyville Public Library Spatial Reorganization Plan Final Report as presented. Motion approved unanimously. VII. JOINT CITY COUNCIL AND LIBRARY BOARD SPATIAL REORGANIZATION PLAN REVIEW AND DISCUSSION WORKSESSION MEETING UPDATE Director Mary Rodne confirmed that the Joint City Council and Library Board meeting would be held on July 9, 2009, at 6:00 p.m., in the Executive Conference Room. VIII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Kay Newton reported that the Friends of the Library would be holding an Annual Meeting on June 23, 2009, at 7:00 p.m., in the upper level of the library. Newton noted that an election of officers would be held at the Annual Meeting. Newton also confirmed that the Friends were sponsoring a Scholastic Book Fair during the Summer Reading Program the week of June 22 -June 27, 2009, and presented Book Fair details. Newton added that Scholastic was also providing costume characters, which included favorite children's book characters, Geronimo Stilton and Clifford the Big Red Dog. It was noted that the characters were scheduled to appear at the Opening Day Cowboy Breakfast on June 13, 2009, and other programs throughout the week. Mary Alice Rippe presented an overview of Better World Books, an online bookstore, which the Friends use to sell donated materials online. In closing, Newton noted that the Friends would be assisting the Library as needed during the Summer Reading Program. IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Cecilia Monacelli reported that the Foundation Board had held a meeting in May, and that the Board continued to work on their 2009 annual fundraisers. It was noted that their primary fundraiser, the Race to Read, was scheduled to be held on November 7, 2009, and that plans for the event were well underway. Also, Monacelli announced that at the June 16, 2009, City Council meeting, a presentation was going to be made by Mayor David Kelly, on behalf of the Colleyville Public Library Foundation, to Verizon in recognition of their support through a grant for the purchase of Early Literacy Stations for Children for the Colleyville Public Library. Additionally, Monacelli reported that at the August 4, 2009, City Council Meeting, a presentation was going to be made by Mayor Kelly, on behalf of the Colleyville Public Library Foundation, to Christine and Robert Glaser, Jr., in recognition of The Robert J. and Helen H. Glaser Family Foundation for their sustained support of the Colleyville Public Library, 2003 - 2009, through grants for the Summer Reading Program and library materials. Monacelli reported that the Foundation had committed to helping the Library in promoting the Summer Reading Program and was paying for the printing of various promotional banners. President Monacelli also noted that the Foundation was assisting as needed during the Summer Reading Program. In conclusion, it was announced that the next Foundation meeting would be held on July 20, 2009, at 6:00 PM. X. NEXT MEETING DATE Joint City Council and Library Board worksession meeting on July 9, 2009, at 6:00 PM, in the Executive Conference Room. XI. SUGGESTED ITEMS FOR FUTURE MEETINGS None XII. CITIZEN COMMENTS None XIII. ADJOURN: A motion was made by Nancy Bowen and seconded by Pat Jones to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:55 p.m. RESOLUTION R-09-3137 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF SEPTEMBER 1, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor