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Home My WebLink AboutCity Council-Agenda Packets-10/7/2009+ra ~ 1M1~'i _. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vvww. co 1 1 eyv i l l e. co m Wednesday, October 7, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Glade Road and Pool Road intersection improvements design update presentation by Baird, Hampton and Brown, Inc. PC-2 Discussion of the process for filling a position on the Zoning Board of Adjustment PC-3 Discussion of the October 7, 2009, City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - 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 -Park Land 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 10/2/2009 City Council Agenda October 7, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3149 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Plaque Presentations In recognition of service on the Library Board -Kathleen Hennessey, Steve Isbell and Richard Roxburgh In recognition of service on the Historical Preservation Committee -Jim Gotcher In recognition of service on the Senior Center Advisory Committee - Michelle Appling In recognition of service on the Colleyville Economic Development Corporation -Yvonne Gilliam and James Spriggs In recognition of service on the Celebrate Colleyville Steering Committee - Michael Muhm In recognition of service on the Metroport Teen Court Advisory Committee -Yvonne Gilliam In recognition of service on the Zoning Board of Adjustment and Sign Board of Appeals -Rich Munson 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3150 4a Approval of the minutes of the regular City Council meeting of September 15, 2009 - --- _ --- City of Colleyville Page 2 Printed on 10/2/2009 City Council Agenda October 7, 2009 4b Approval to redirect Park Land funds into the Park Land Dedication Fund 4c Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds 4d Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement 4e Approval and adoption of the strategic management system and framework 4f Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1732 Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash in the amount of $981,238.00 to prepay for the second of two fire apparatus being purchased for the Fire Department 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3151 Approval and adoption of the Colleyville Tomorrow Fund project list and fund allocation 6b R-09-3152 Approval and adoption of the Parks Tomorrow Fund project list and fund allocation 6c R-09-3153 Nominating candidates for the Tarrant Appraisal District Board of Directors 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 10/2/2009 City Council Agenda October 7, 2009 8. REPORTS: Planning and Zoning Commission Minutes -July 13, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 Senior Center Advisory Committee Minutes -July 16, 2009 Parks and Recreation Advisory Board Minutes -August 3, 2009 Senior Center Advisory Committee Minutes -August 20, 2009 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 7, 2009 -Reading and Public Hearing -Resolution R-09-3154 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 2, 2009, by 5:00 p.m. n e ` rr ~ i s ~ ;, , ~~ ~ ,~r ~~~-- Gynthia 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 10/2/2009 Q I r I V I IV I a za sa f l~t~t GLADEROAD ~ ~j ' ~` ~ ~~ w.o•rrr. =~~ r; ~P f~ C U O1~ ~ ~ _N z ° w °~ ~ ~~ ,~wino° ~3° V ~-~ m~~ o~~ ~ 4r z o= o c R3 m o ~ T~ LL ~~ a_ ~ rn~ Uo - ~ ~ v~ = vm _c" ~~ ~ ~~ o [z a mW~ s oo ~ ~F ~^~ O I oo ~ U W w~ o a W 0 w Y CO U Y V1 V Z ~ Z (n Q U W p C7 2' Z U c~ ~ d o Z CC ~ ~ ~W W ~ Q~ _ ~O~ o~ ~ ~~ oZ~ 0 a dF.W O ~WJ Z p ~ OIL OyC V ~ ~H aZ J t7 THIS DOCUMENT IS RELEASED FOR INTERIM REVIEW UNDER THE AUTHORITY OF Konstantine Bakintas, PE 7X 67022 IT IS NOT INTENDED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. 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Explanation City Council approved aten-year Capital Improvement Plan (CIP) in September 2008. Included in the CIP is the design of intersection improvements at Glade Road and Pool Road. The firm of Baird, Hampton and Brown, Inc. previously presented conceptual schematic drawings for this project to City Council for consideration and subsequently held a public meeting to obtain citizen input. Homeowner Association representatives of several neighborhoods surrounding the intersection of Glade Road and Pool Road, as well as individual citizens, have long been concerned with pedestrian safety for children and reduction of traffic congestion at this location. The engineer is currently designing a roundabout in this intersection that will provide the optimum type of roadway improvements in terms of geometrics, enhanced traffic movement and pedestrian safety. The engineer is prepared to provide a project design update to City Council for review. Staff and the engineer believe it would be beneficial to provide residents an opportunity to receive an update on the project design and suggest a November 5, 2009 public meeting. The Glade Road and Pool Road intersection improvements, along with five other intersection projects, are scheduled for design in each fiscal year through 2012. City of Colleyville Page 1 Printed on 9/30/2009 O Q 1W Q h+1 E-~ Z '~ V O W~ ~ ~ ~~, 'o ~ M~ ~ nI V Qy li Q o Z ~ ~ I- o Z ~ ~ ~ ~ N ~ ~~, W ~ ~ ~O°'° °~~ ~ ~ ~~"~ ~_ ~ o o a 'L ~ poem ~ m J V as Q c O MCI ~ m ~ o w ~ O Q V ~ ~ Q E..~ ~ ~ Z Q ~ a z~ w~°~~¢~ ~ ~_~~wzxH Q ~ vp~xHo~ ~~~~~~~ J ~ o ~~ ~ U tl ~ ~ ~ ~ ~~ _ _ i ~, ~ -: 1 ! ~ ,~;~ . 1 ~ ~, c _~-- ~- _ _ ^__. ~~ ;~ T,' 1 ;,r ~E1{ ~ '~ i( ~- I ~ I ICI ~ t i' 1 1 -1 .:~ f,.~ it ~~~_ ;,~1 I~ - , ~ a I , ?~ rl ~ ~ ii y ~ r 4 I ~~' - ~ ~ I r 111 i ~ 1 1 iii ~~ ! ~ v;. 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T ~1 T City Hall ~~~ ~~~;,.~, City of C o I I eyvi I l e 100 Main Street Colleyville, Texas 76034 ~•~~•~ Agenda Briefing 817.503.1000 vwvw.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Secretary File Name: Discussion of the process for filling a position on the Zoning Board of Adjustment Attachments: Resignation letter dated September 16, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Discussion of the process for filling a position on the Zoning Board of Adjustment Explanation On September 16, 2009, Mr. Rich Munson, whose term expires September 2010, resigned from the Zoning Board of Adjustment. The Zoning Board of Adjustment Rules of Procedure state, If a regular member vacancy occurs, the senior alternate will fill this position and the City Council will appoint another alternate. Mr. Kevin Sams, the Senior Alternate, will fill the open position. Staff is seeking direction regarding the process for filling the Alternate position. City Council may consider the following options for filling the position: • Consider the appointment at the October 20, 2009, City Council meeting without advertising • Advertise the position for 30 days and consider the appointments at the November 17, 2009 City Council meeting • Advertise the position during the regular advertising period for the December appointments and City Council will consider the appointments during the December 15, 2009 City Council meeting City of Colleyville Page 1 Printed on 9/28/2009 From: Munson, Richard Sent: Wednesday, September 16, 2009 11:29 AM To: Cynthia Singleton Subject: Zoning Board of Adjustment Cynthia, This is to inform you I hereby submit my resignation to the Zoning Board of Adjustment Place 1 and the Sign Board of Appeals effective immediately. I have enjoyed being part of the process, the camaraderie of my fellow Board Members and, most important, a Colleyville resident for the past 32 years. Please feel free to contact me on my cell phone at 817-501-8904 or via mail at P.O. Box 985, Colleyville, TX 76034. Thank you for your time and attention to this matter. Best Regards, Rich Munson ,,, City Hall -~ ~ ~~~ City of Colleyville 100 Main Street ~. ,:,~,0>lil~1~~; Colleyville, Texas 76034 -~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-3 Final Action: Secretary File Name: Discussion of the October 7, 2009, City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Discussion of the October 7, 2009, City Council meeting regular agenda items City of Colleyville Page 1 Printed on 9/28/2009 ~~~:~~, ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ;,,_-~ Agenda Briefing 817.503.1000 vrww.col leyvi lle.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 10/07/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -October 7, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - 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 - Park Land 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 9/30/2009 RESOLUTION R-09-3149 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 7, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ,,, ' ~ ~` City of Colleyville 100 Mlain Street Colleyville, Texas 76034 ~.~_._ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 10/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Secretary File Name: Announcements and Presentations -October 7, 2009 Attachments: History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Plaque Presentations In recognition of service on the Library Board -Kathleen Hennessey, Steve Isbell and Richard Roxburgh In recognition of service on the Historical Preservation Committee -Jim Gotcher In recognition of service on the Senior Center Advisory Committee -Michelle Appling In recognition of service on the Colleyville Economic Development Corporation -Yvonne Gilliam and James Spriggs In recognition of service on the Celebrate Colleyville Steering Committee -Michael Muhm In recognition of service on the Metroport Teen Court Advisory Committee -Yvonne Gilliam In recognition of service on the Zoning Board of Adjustment and Sign Board of Appeals - Rich Munson City of Colleyville Page 1 Printed on 9/29/2009 RESOLUTION R-09-3150 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 7, 2009 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of September 15, 2009 b. Approval to redirect Park Land funds into the Park Land Dedication Fund c. Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds d. Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement e. Approval and adoption of the strategic management system and framework f. Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Resolution R-09-3150 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor .~- . ~`~~, City of Colleyville ~ City Council Minutes -Draft r.;t.i . City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 15, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 15, 2009, at 5:34 p.m. PC-1 PC-2 PC-3 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Accountant Karen Hines, Interim Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Community Development Intern Sarah Coplen, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Discussion of setting a date for a City Council worksession to discuss a strategic management framework and process The City Council determined the City Council Worksession, to discuss the strategic management framework and process, will be held on September 29, 2009. Discussion of setting a date fora City of Colleyville Open House hosted by the Colleyville Area Chamber of Commerce at City Hall The City Council determined the Colleyville Open House will be held on Thursday, October 29, 2009, 4:00 p.m. to 7:00 p.m. Presentation of the Monthly Financial Report -August 2009 Finance Director Terry Leake presented the August 2009 Monthly Financial Report and answered questions of the City Council. City of Colleyville page ~ Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 Public Works Director Steve Chutchian spoke regarding street project funding and construction timeline. PC-4 1 Sec. 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Discussion of the September 15, 2009, City Council meeting regular agenda items Interim Fire Chief Russell Shelley provided information regarding the fee schedule for recovering public safety expenses related to certain emergency incident responses. Finance Director Terry Leake provided information regarding the process for billing and collecting fees for public safety services. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 15, 2009, at 7:32 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, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Cify of Colleyville page y Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:03 p.m. and reconvened at 7:35 p.m. INVOCATION: Pastor Ricky Texada, Covenant 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-09-3138 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly presented a Proclamation, in recognition of National Preparedness Month, to Deputy Emergency Management Coordinator Andrea Renegar. Ms. Renegar provided emergency management disaster preparedness guides and flu prevention tips. Mayor Kelly presented a Proclamation in recognition of National Night Out to Police Chief Tommy Ingram and Officer Raymon Cannon. Officer Cannon invited citizens to participate in National Night Out activities, meet their neighbors and heighten crime prevention awareness. Police Chief Tommy Ingram encouraged everyone to become involved in community crime prevention programs. City of Colleyville Page 3 Pri»fed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3139 4a Approval of the minutes of the regular City Council meeting of September 1, 2009 4b Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year four of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $62,202 and subject to the approval of funding in the Fiscal Year 2010 (FY 2010) Budget 4c Approval to renew the Horticulture Grounds Maintenance Contract with The Lawn Firm, Inc. in an amount not to exceed $167,233.00, and authorize the City Manager to execute same and any associated change orders in an amount not to exceed $25,000.00, subject to the approval of funding in the Fiscal Year 2010 (FY 2010) Budget 4d Approval to renew Ground Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $150,829.86, and authorize the City Manager to execute the same and any associated change orders in an amount not to exceed $25,000, and subject to the approval of funding in the Fiscal Year 2010 (FY 2010) Budget 4e Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 4f Approval of a donation of trees from David Bagwell Company 49 Approval of an agreement with Catalyst Commercial to conduct a complete merchandising plan in an amount not to exceed $72,000, and authorizing the City Manager to execute same and any associated change orders in an amount not to exceed $25,000 4h Approval of a donation of a vehicle wrap by Fast Graphics for the Police Department Community Services vehicle Mayor Kelly read Resolution R-09-3139 in its entirety. Mayor Kelly opened the public hearing. Mr. Dave Dudziak, 2301 Wilkes Court, expressed appreciation to Mr. David Bagwell for the donation of trees to the City, recognized Parks and Recreation Director Monica Walsh for managing the tree planting City of Colleyville pays Q Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 program and invited the City Council to the Kimzey Park Octoberfest on October 11, 2009. There were no others wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3135. 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 5• ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1727 Adoption of the proposed Fiscal Year 2010 (FY 2010) budget Mayor Kelly read the caption of Ordinance 0-09-1727. Finance Director Terry Leake provided an overview of the proposed Fiscal Year 2010 budget. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly expressed appreciation to staff for development of the Fiscal Year 2010 budget and maintaining the current level of services for citizens. Mayor Kelly moved to approve Ordinance 0-09-1727. 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 5b 0-09-1728 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2010 (FY 2010) Mayor Kelly read the caption of Ordinance 0-09-1728. City of Colleyville Page 5 Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 Finance Director Terry Leake stated the City Council approved Resolution R-09-3128 reflecting their intention to adopt a tax rate of $.3559 per hundred dollars of valuation at a public hearing on August 11, 2009. Ms. Leake further stated that the Fiscal Year 2010 proposed tax rate of $.3559 per hundred dollars of valuation is unchanged from Fiscal Year 2010 to Fiscal Year 2009 and this is the third year the tax rate is $.3559. Mayor Kelly opened the public hearing. 5c 5d 0-09-1729 0-09-1730 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-09-1728. 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 Amending Ordinance 0-92-880 setting fees and charges for City facilities Mayor Kelly read the caption of Ordinance 0-09-1729. Finance Director Terry Leake provided an overview of the proposed fees and charges for City facilities and services. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closded the public hearing. Councilmember Wollin moved to approve Ordinance 0-09-1729. Mayor Pro Tem Ayers 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 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget City of Colleyville Page 6 Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 Mayor Kelly read the caption of Ordinance 0-09-1730. Finance Director Terry Leake provided an overview of the proposed Colleyville Ecnomic Development Corporation Fiscal Year 2010 budget. 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 Terry Leake stated the sales tax portion of the revenue estimate is one-half of the sales tax revenue estimate in the City's proposed Fiscal Year 2010 budget. Councilmember Hart moved to approve Ordinance 0-09-1730. Mayor Pro Tem Ayers 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 5e 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 Mayor Kelly read the caption of Ordinance 0-09-1731. Finance Director Terry Leake reported the proposed ordinance will amend Ordinance 0-08- 1688 of the Fiscal Year 2009 General Fund budget, to account for additional payments for recreation instructors, authorize the transfer of the unspent Fiscal Year 2009 General Fund budget appropriations for street resurfacing, and up to $150,000 from the General Fund difference in Fiscal Year 2009 revenues over expenditures to the Capital Projects fund. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1731. Councilmember Muhm seconded the motion. City of Colleyville page 7 Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 The motion carried by the following vote: 6. 6a 6b Mayor Kelly read Resolution R-09-3141 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Aye: 7 - David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor RESOLUTION(S): READING AND PUBLIC HEARING R-09-3140 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-09-3140 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Historical Preservation Committee. Councilmember Wollin nominated Joe Deupree, Ed Havran, Nelda Thompson, Gigi Walker and Robert Bowland to serve on the Historical Preservation Committee. There were no other nominations. Councilmember Wollin moved to appoint Joe Deupree, Ed Havran, Nelda Thompson, Gigi Walker and Robert Bowland to serve on the Historical Preservation Committee. Mayor Pro Tem Ayers 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 R-09-3141 Consideration of appointments to the Colleyville Economic Development Corporation City of Colleyville Page 8 Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 Mayor Kelly opened- the floor for nominations to the Colleyville Economic Development Corporation Board. 6c R-09-3142 Councilmember Hart nominated Carel Tornes, Sue Kijowski and Greg Appel to serve on the Colleyville Economic Development Corporation Board. There were no other nominations. Councilmember Hart moved to approve Resolution R-09-3141, appointing Carel Tornes, Sue Kijowski and Greg Appel to the Colleyville Economic Development Corporation Board. Mayor Kelly 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 Consideration of appointments to the Planning and Zoning Commission Mayor Kelly read Resolution R-09-3142 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers nominated David Dudziak to Place 5, Michael Clardy to Place 6 and Larry Knox to Place 7 on the Planning and Zoning Commission. There were no other nominations. Mayor Pro Tem Ayers moved to approve Resolution R-09-3142, appointing David Dudziak to Place 5, Michael Clardy to Place 6 and Larry Knox to Place 7 on the Planning and Zoning Commission. Councilmember Taylor 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 Cky of Colleyville page g Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 6d R-09-3143 Consideration of appointments to the Zoning Board of Adjustment 6e R-09-3144 Mayor Kelly read Resolution R-09-3143 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Hall nominated Dee McNosky to Place 4, L. Ed Moore to Place 5 and Kevin Sams as Alternate 1 to the Zoning Board of Adjustment. There were no other nominations. Councilmember Hall moved to approve Resolution R-09-3143, appointing Dee McNosky to Place 4, L. Ed Moore to Place 5 and Kevin Sams as Alternate 1 to the Zoning Board of Adjustment. Mayor Kelly 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 Consideration of appointments to the Colleyville Public Library Board Mayor Kelly read Resolution R-09-3144 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated Pat Jones to Place 1, Thad Bolline to Place 3, Billie Tuttle to Place 5, Linda Bond as Alternate 1 and Amy Dowell as Alternate 2 to the Colleyville Library Board. There were no other nominations. City of Colleyville Page 10 Printed on 9/30/2009 City Council City Council Minutes -Draft September 75, 2009 Councilmember Wollin moved to approve Resolution R-09-3144, appointing Pat Jones to Place 1, Thad Bolline to Place 3, Billie Tuttle to Place 5, Linda Bond as Alternate 1 and Amy Dowell as Alternate 2 to the Colleyville Library Board and appointing Library Board ex-officio members Steve Banta, Corporate Sponsor; Dr. Larry Darlage, Tarrant County College; Mary Smith, Colleyville Area Chamber of Commerce; Jorge Rodriquez, Grapevine-Colleyville Independent School District; Kay Newton, Friends of the Colleyville Public Library and Cecilia Monacelli, Colleyville Public Library Foundation. 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 6f R-09-3145 Consideration of appointments to the Metroport Teen Court Advisory Board Mayor Kelly read Resolution R-09-3145 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Taylor nominated Karyn Hahne and Anita Clayton to serve on the Metroport Teen Court Advisory Board. There were no other nominations. Councilmember Taylor moved to approve Resolution R-09-3145, appointing Karyn Hahne and Anita Clayton to the Metroport Teen Court Advisory Board. Mayor Kelly 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 6g R-09-3146 Consideration of appointments to the Senior Center Advisory Committee City of Colleyville Page 11 Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 Mayor Kelly read Resolution R-09-3146 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Muhm nominated Wanda Johnson and Dorothy Parker to a term expiring September 2011 and Don Davis to the unexpired term of September 2010. There were no other nominations. Councilmember Muhm moved to approve Resolution R-09-3146, appointing Wanda Johnson and Dorothy Parker to a term expiring September 2011 and Don Davis to the unexpired term of September 2010 on the Senior Center Advisory Committee. 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 6h R-09-3147 Consideration of appointment to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-09-3147 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Hall moved to approve Resolution R-09-3147, appointing Faye Aldredge to the unexpired term on the Celebrate Colleyville Steering Committee. Mayor Kelly seconded the motion. City of Colleyville page ~y Printed on 9/30/2009 City Council City Council Minutes -Draft September 15, 2009 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor ~• CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Colleyville Center Advisory Committee Minutes -May 18, 2009 There was no discussion of this item. 9• ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 15, 2009 -Reading and Public Hearing -Resolution R-09-3148 This resolution was not needed. 10. ADJOURNMENT: There being no futher business before the City Council, Councilmember Muhm moved to adjourn. 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 Mayor Kelly adjourned the meeting at 8:22 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 9/30/2009 ~~~`~ 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 Requester: Parks and Recreation Agenda No.: 4b Department Controlling Body: City Council Agenda Date: 10/07/2009 Final Action: File Name: Approval to redirect Park Land funds into the Park Land Dedication Fund Attachments: Financial Status of Park Land Dedication Fund at 8-31-2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Approval to redirect Park Land funds into the Park Land Dedication Fund Explanation Reading and Public Hearing On September 14, 2009, the Park Land Dedication Committee and the Parks and Recreation Advisory Board reviewed the status of the Park Land Dedication Fund expenditures as approved by the Park Land Dedication Committee, Parks and Recreation Advisory Board and the City Council. Due to the projects being completed under budget, the Board unanimously recommended funds for the Castleton Trail in the amount of $7,044.00, McDonwell School Trail in the amount of $9,210.00, and Sparger Park Trail in the amount of $4,672.00, be redirected and returned to the Park Land Dedication Fund. Financial Impact It has been determined that a total of $20,926.00 is to be returned to the Park Land Dedication Fund. Recommendation Approval City of Colleyville Page 1 Printed on 10/2/2009 FINANCIAL STATUS OF PARK LAND DEDICATION FUND AT 8-31-2009 TOTAL REVENUES $3,447,896 TOTAL INTEREST INCOME RECD $508,205 LESS EXPENSES: KIDSVILLE DONATION $1,000 LANDSCAPING NATURE CENTER $1,169 NATURE CENTER TREES $1,035 KIMSEY PARK APPRAISALS $4,700 CITY PARK SOD $72,881 TPWD KIMSEY PARK GRANT $8,800 COTTONBELT TRAIL I $161,447 COTTONBELT TRAIL ROW ACQUISITION $32,323 WEBB HOUSE RESTORATION $98,584 COTTONBELT TRAIL II $28,488 MC DONWELL SCHOOL TRAIL $162,790 PARK PROPERTY $508,047 CASTLETON TRAIL $18,956 MC PHERSON PARK PHASE I $1,084,147 LOG BARN $111,000 SPARGER PARK TRAIL $82,838 TOTAL EXPENSES $2,378,204 LESS ENCUMBERANCES CASTLETON TRAIL $7,044 COTTONBELT TRAIL II $179,810 COTTONBELT TRAIL III $185,297 MC DONWELL SCHOOL TRAIL $9,210 WEBB HOUSE TRAIL $20,000 SPARGER PARK TRAIL $4,672 TOTAL ENCUMBERANCES $406,033 TOTAL AVAILABLE AT 8-31-2009 $1,171,863 ~~ City of Colleyville City Hall 100 Main Street ~~ ~ Colleyville, Texas 76034 °"~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Parks and Recreation Agenda No.: 4c Department Controlling Body: City Council Agenda Date: 10/07/2009 Final Action: File Name: Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds Attachments: Financial Status of Park Land Dedication Fund at 8-31-2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds Explanation Reading and Public Hearing The City purchased the property at 2512 Glade Road in November 2005, to develop into a Senior Center. In January 2006, City Council approved the purchase of an additional 2.6 acres of open space adjacent to the Senior Center. The property acreage owned by the City is approximately 11.6 acres. City Council has designated six (6) acres as a park. To address both the current and future recreational and athletic needs of the City for the Senior Center Open Space Area, a Senior Center Open Space Master Plan Committee was established by City Council. The committee assisted in developing a Master Plan with a recommendation to the Senior Center Advisory Committee, Parks and Recreation Advisory Board and City Council. Professional services were provided by Newman, Jackson, Bieberstein, Inc. (NJB) for the refinement of the plan, which reflects program elements requested by the committee and City staff. Several meetings with the committee and a public meeting were conducted with several ideas being incorporated into the plan. The Senior Center Advisory Committee and the Parks and Recreation Advisory Board recommended approval of the Master Plan at their meeting on August 21, and October 6, 2008, respectively. With City Council approval, the design of the trail was the first priority. City of Colleyville Page 1 Printed on 9/30/2009 Agenda Briefing Continued This is a public park with emphasis placed on the senior lifestyle and compatibility to the neighborhood. Phase II Senior Center Open Space Design elements for seniors include: • Exercise equipment • Wooden trellis • Benches • Bocce board • Horseshoe pit • Putting green • Rules sign • Trees and irrigation At the August 25, 2009 annual board meeting, the Colleyville Economic Development Corporation (CEDC), reduced the Phase II funding from $350,000.00 to $200,000.00 for the Senior Center Open Space elements. On September 14, 2009 the Park Land Dedication Committee voted on approving funds for the remaining $150,000, and the vote was a tie. The Parks and Recreation Advisory Board at their monthly meeting on September 14, 2009 unanimously approved the remaining $150,000.00 of the project be expended from Park Land Dedication funds. Financial Impact It has been determined funding in the amount of $150,000 is available in Park Land Dedication funds. Recommendation Approval City of Colleyville Page 2 Printed on 9/30/2009 FINANCIAL STATUS OF PARK LAND DEDICATION FUND AT 8-31-2009 TOTAL REVENUES $3,447,896 TOTAL INTEREST INCOME RECD $508,205 LESS EXPENSES: KIDSVILLE DONATION $1,000 LANDSCAPING NATURE CENTER $1,169 NATURE CENTER TREES $1,035 KIMSEY PARK APPRAISALS $4,700 CITY PARK SOD $72,881 TPWD KIMSEY PARK GRANT $8,800 COTTONBELTTRAIL I $161,447 COTTONBELT TRAIL ROW ACQUISITION $32,323 WEBB HOUSE RESTORATION $98,584 COTTONBELT TRAIL II $28,488 MC DONWELL SCHOOL TRAIL $162,790 PARK PROPERTY $508,047 CASTLETON TRAIL $18,956 MC PHERSON PARK PHASE I $1,084,147 LOG BARN $111,000 SPARGER PARK TRAIL $82,838 TOTAL EXPENSES $2,378,204 LESS ENCUMBERANCES CASTLETON TRAIL $7,044 COTTONBELT TRAIL II $179,810 COTTONBELT TRAIL III $185,297 MC DONWELL SCHOOL TRAIL $9,210 WEBB HOUSE TRAIL $20,000 SPARGER PARK TRAIL $4,672 TOTAL ENCUMBERANCES $406,033 TOTAL AVAILABLE AT 8-31-2009 $1,171,863 ,.uLr•r ~- ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~~~°~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/07/2009 Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement Attachments: Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing The City of Fort Worth operates an Environmental Collection Center (ECC), a permanent collection facility for household hazardous waste. In 1997, the City entered into an Interlocal agreement which allows Colleyville residents to utilize the facility for disposal of pesticides, solvents, paints, cleansers and other household chemicals. Colleyville residents present a current water bill and are allowed to use the ECC free of charge. The City of Fort Worth keeps the disposal and usage records then bills the City quarterly at a rate of $47.00 per resident use. Resident use of the ECC minimizes the disposal of chemicals in sink drains and prevents excessive wear on the City's sewer infrastructure and provides an alternative to dumping chemicals in yards, streets or gutters, which facilitates compliance with regulations for runoff and protects creeks and rivers. Through the ECC, a mobile collection unit (Crud Cruiser) is scheduled for the annual Keep Colleyville Beautiful Spring Clean Sweep event. Disposal of household hazardous waste is highest during this single event, averaging over 150 users, compared to a monthly usage of approximately 90. Colleyville usage from October 1, 2008 through September 30, 2009 totals 472. Staff anticipates higher usage, as more residents seek a "greener" lifestyle and City of Colleyville Page 1 Printed on 9/30/2009 Agenda Briefing Continued compliance with state regulations. Financial Impact It has been determined that funding is available in the Fiscal Year 2010 Budget. Recommendation Approval City of Colleyville Page 2 Printed on 9/30/2009 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, ahome-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and the City of , a municipality situated in County, Texas, hereinafter referred to as "Participating City," acting herein by and through its duly authorized WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another local government to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Environmental Management Department facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Page 2 Force maieure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and- sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments of municipal hazardous waste or Class 1 industrial solid waste. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Mobile Collection Unit (MCU) means anon-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. Mobile Collection Units owned by Fort Worth are designed to hold the hazardous waste of approximately 50 to 75 households. Participating City means the City of Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA -Comprehensive Environmental Response, Compensation, and Liability Act. CPR -cardiopulmonary resuscitation. DOT -United States Department of Transportation. ECC -Environmental Collection Center. EPA -United States Environmental Protection Agency. Page 3 HAZCAT -hazardous categorization. HAZWOPER -hazardous waste operations and emergency response. HM -hazardous materials. HHW -household hazardous waste. MCU -Mobile Collection Unit. TCEQ -Texas Commission on Environmental Quality. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from the date the last party has signed this Agreement through September 30, 2010. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste that is collected at the ECC or during mobile collection events. Page 4 D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at mobile collection events. G. Fort Worth. will act under this Agreement in accordance with all applicable state and federal laws. H. Mobile Collection Events Participating City may schedule a mobile collection event to be operated by Fort Worth personnel using one of Fort Worth's MCUs or conduct their own mobile collection events using either Participating City's MCU or Fort Worth's Reserve MCU (as available), State regulations require notification to the Texas Commission on Environmental Quality (TCEQ) at least 45 days prior to conducting the event. Fort Worth Operated Events: If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. Participating City may schedule one mobile collection event each contract year. Fort Worth will file notification of the event with TCEQ as required by 30 TAC §335.403. (a) Scheduling Events Fort Worth will begin scheduling mobile collection events for the 2010 calendar year on January 2, 2010. If this Agreement is not renewed prior to events scheduled for October -December 2010 Fort Worth will not send its MCU or personnel to the event. To ensure proper notification to TCEQ, events must be scheduled at least sixty (60) days ahead of the proposed date. Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. (b) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property sixty (60) days prior to the event. The waiver shall be in the Page 5 form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth sixty (60) days before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. All events must be held on an impervious surface. (c) At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept for proper transport back to the ECC. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damages or recovery of any costs, except as provided herein. (d) Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's MCU shall not also be at the event. (e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be coming to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC also will be provided. 2. Participating City Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by Participating City using Participating City's MCU in accordance with Section 5, of this Agreement. (b) Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A", attached and incorporated herein as if set forth. 3 Loan of the Reserve Mobile Collection Unit The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck box-trailer and one (1) ton pickup owned by Fort Worth. Participating City may request the loan of Fort Worth's Reserve MCU free of charge for use in Page 6 a Household Hazardous Waste collection event when available. Participating City may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or a-mail at least sixty (60) days prior to the event date for which the request is made. Fort Worth shall have sole determination whether the Reserve MCU is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate in nor be responsible for any part of the Participating City's HHW Collection Event unless and except by written mutual agreement. (a) The Reserve MCU shall be in good working condition and Fort Worth shall disclose any known problems the Reserve MCU may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Reserve MCU, a pre-trip inspection for potential maintenance problems will be preformed by Fort Worth. Also, both parties will complete apre-trip aesthetic assessment. Participating City shall be responsible for all certifications and insurance necessary for the proper operation of the Reserve MCU. (b) Participating City agrees to maintain and return the Reserve MCU in as good condition as it was in when Participating City took possession for use. Participating City shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. (c) Participating City shall be responsible for all work-related property damage, personal injury or death caused by Participating City's employees or volunteers and arising out of the use of the Reserve MCU during the term of this Agreement. (d) It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Page 7 Designated person is: telephone number: Pager number or 24-hour number where he or she can be reached: Alternate person is telephone number: Pager number or 24-hour number where he or she can be reached: B. Participating City will coordinate and fund atl program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. Participating City shall complete and sign the Voucher Utilization form attached herein as Exhibit "C" and include a copy of the official voucher if a voucher will be used. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection event, and shall provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons dropping off household hazardous waste. Prior to the event, the parties shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash, containers) on site during a mobile collection event. H. Mobile Collection Events using Participating City's MCU or Reserve MCU Participating City is responsible for proper notification to TCEQ as required by 30 TAC §335.403. 2. Participating City shall advise the ECC at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; or any other wastes that Fort Worth has determined are unacceptable. Page 8 3. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 4. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 5. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 6. Prior to transporting the HHW from the collection event site, Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 7. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 8. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the Participating City's MCU and store the unit at the ECC. After being contacted, Participating City shall pickup their unit within 10 days. Page 9 9. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10, Paragraph B. 10. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10, Paragraph C. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, from the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. Page 10 C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY ,OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; Page 11 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. Page 12 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECUs hours of operation are as follows: Thursday and Friday 11:00 a.m. -- 7:00 p.m. Saturday 9:00 a.m. -- 3:00 p.rn. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following holidays: Thanksgiving Holiday, Thursday, Friday, and Saturday, November 26-28, 2009 Christmas Holiday, Friday, and Saturday, December 25-26, 2009 New Year's Day, Friday, January 1, 2010 Martin Luther King Day, Monday, January 18, 2010 Memorial Day, Monday, May 31, 2010 Independence Day, Monday, July 5, 2010 Labor Day, Monday,. September 6, 2010 Participating City understands and agrees that Fort Worth is anticipating that there may be employee furlough days during the term of this contract and that the ECC will be closed and Fort Worth employees will not be available to conduct mobile collection events on those furlough days. If additional furlough days or additional closures are necessary Fort Worth wilt notify Participating City prior to the closure unless due to an unforeseeable event. It is anticipated that the ECC will be closed on the following days as a result of the Fort Worth's tentative decision to furlough staff: Columbus Day, Monday, October 12, 2009 Wednesday, November 25, 2009 Christmas Eve, Thursday, December 24, 2009 Good Friday, Friday, April 2, 2010 Saturday, May 29, 2010 Friday before Independence Day, July 2, 2010 Friday before Labor Day, September 3, 2010 Fort Worth will notify Participating City if this schedule changes. C. Notifying Residents Participating City agrees to notify its residents of the ECUs hours of operation and dates it will be closed. Participating City also may advertise the 24-hour Environmental Collection Center telephone number: (817) 392-6268. Page 13 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) to dispose of household hazardous waste. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies. C. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour for staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestle, "Scrub," and "Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City anon-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and Page 14 recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) Page 15 "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT' (Paragraph 11). 15. NOTICE Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Brian K. Boerner, CHMM, Director Environmental Management Department City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City 16. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 17. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. Page 16 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE CITY OF FORT WORTH CITY OF By: By: Fernando Costa Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Marty Hendrix City Secretary Contract authorization Date Printed name: Title: Date: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: City Secretary Page 17 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top Amount taken off the drums (open top for trailer loose acks) 55 gallon drums (closed Amount taken off the top) (oil, antifreeze, trailer bulk flammable materials and one extra) Fiber drums (55 or 30 Amount taken off the gallon) Aerosols, acids, trailer bases and oxidizers) Gaylord box liners Amount taken off the (plastic) trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets Amount taken off the (filters/haz chemicals) trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials Amount needed & Brochures Page 18 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE 1 being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 20 hereby give my permission to the City of and the City of Fort Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, 1 hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the City of or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Date Witness Page 19 Exhibit "C" VOUCHER UTILIZATION Select and sign one of the following statements. The City of (Participating City) wishes to use a voucher system for its residents visiting the ECC or a mobile event. Only residents with an official voucher provided by Participating City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A copy of the official voucher must be attached. Printed name Signature Date The City of (Participating City) does not wish to use a voucher system. All residents of Participating City showing appropriate proof of residency will be allowed to drop wastes off at the ECC or at mobile events in Participating City. Printed name Signature Date Page 20 4 ~`~ City Hall ~.~~'`~ `` ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~°~~ Agenda Briefing 817.503.1000 www.col leyvil le.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 10/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4e Final Action: Manager File Name: Approval and adoption of the strategic management system and framework Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Approval and adoption of the strategic management system and framework Explanation Reading and Public Hearing The September 29, 2009 City Council worksession included a presentation and discussion of a new strategic management framework and process proposed for implementation. The proposed system links strategic goals, department activities, citizen expectations and performance results to the City's budget. Currently, the City has a workplan document that identifies annual tasks and projects. Staff is proposing to shift to a comprehensive program that provides clear focus and direction for work activities and aligns these activities with City Council goals and citizen expectations and measures results. The proposed strategic management system framework includes the following: Activity Who When :• Adopt Strategic Framework City Council & Staff Oct. 7, 2009 :• Establish Performance Measures Staff Oct. -Dec. 2009 :• Conduct Citizen Survey Consultant Jan. 2010 :• Conduct Employee Survey Staff Jan. 2010 :• Report Results of Survey Staff to City Council Feb. 2010 :• Add/Modify Performance Measures Staff Feb. 2010 ~:• Develop Business Plans Staff Feb. -Mar. 2010 :• Develop Performance Based Budget Staff Mar. -June 2010 ~:• Annual Report Staff Sept. 2010 ~:• Quarterly Performance Reports Staff Jan., Apr., Jul., Sept. :• Repeat Process City Council & Staff Ongoing City of Colleyville Page 1 Printed on 10/2/2009 Agenda Briefing Continued Implementation of this framework does not preclude additional discussion and consideration of the comprehensive citizen survey. A citizen survey is estimated to cost approximately $8,500 to $13,000 depending on the type of survey used, and may in the future become a biennial need. In addition, staff is preparing to tabulate the SWOT analysis completed September 29, 2009 for City Council discussion in formulating goals and objectives and will be providing City Council with additional information regarding the ICMA Center for Performance Measurement. Approval of this framework will provide the steps necessary to link strategic goals, department activities, citizen expectations and performance results to the City budget. Since this system is being developed during Fiscal Year 2010 (FY 2010), staff will continue with the development of a workplan for FY 2010, based on the SWOT analysis. Full implementation of the strategic management system will take place in FY 2011. Financial Impact It has been determined that there is no financial impact to adopt this strategic management framework. Financial impact will occur at the point a citizen survey is approved by City Council with a cost of approximately $8,500 to $13,000, depending on the survey methodology. Recommendation Approval City of Colleyville Page 2 Printed on 10/2/2009 ~`~" ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,,.,~ Agenda Briefing 817.503.1000 www.col leyvil le.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/07/2009 Agenda No.: 4f Controlling Body: City Council Final Action: File Name: Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease Attachments: Lease of Site for Communications Facilities -Clear Wireless and City of Colleyville.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease Explanation Reading and Public Hearing Clear Wireless, LLC, a Nevada company, seeks to lease from the City of Colleyville, land and tower space at 312 McDonwell School Road, for the purpose of housing and operating communication equipment. If approved, Clear Wireless will install transmitter base stations, antennas and cable on the water tower at McPherson Park. This site will be utilized for paging services. The lease agreement allows a 60-day rent free period for the installation of the equipment. Clear Wireless is required to permit the installation of their equipment through the City of Colleyville and will be required to meet all requirements and inspections. The lease also outlines requirements for identifying the equipment with weather-proof tags, equipment removal at lease termination, and provides renewal and or termination notification. Following the 60-day option period, Clear Wireless will rent the tower and land space at $2,000 per month, with a monthly rental increase of ten-percent, per term. The City currently holds four similar lease agreements with other communications companies on towers at Hall-Johnson Road and McDonwell School Road. Financial Impact It has been determined that revenue generated from the lease will be approximately $18,000 in Fiscal Year 2010 and $24,000 for the next four following fiscal years. City of Colleyville Page 1 Printed on 10/2/2009 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 2 Printed on 10/2/2009 LEASE OF SITE FOR COMMUNICATIONS FACILITIES This option (as defined in Paragraph I) and Lease of Site for Communication facilities (the Lease) (collectively the "Agreement") is made and entered into as of , 2009, by and between The City of Colleyville, whose mailing address is 100 Main Street Colleyville, Texas 76034, herein referred to as "Lessor" and Clear Wireless LLC, a Nevada limited liability company, whose mailing address is 4400 Carrilon Point Kirkland, Washington, 98003, hereinafter referred to as "Lessee". 1. Parties and Purposes. Lessor hereby agrees to provide Lessee with facilities for housing and operating certain communication equipment, including installation of transmitter base stations, antennas or antenna systems and the space required to run cable between the transmitter base stations and the antenna or antenna systems, said facilities being more specifically described and/or depicted in Schedule A, attached hereto and specifically incorporated herein. Lessee agrees to accept such facilities for such purpose, subject to the considerations, terms, and conditions specified in this Agreement and the regulations of the City of Colleyville Permit, Inspections, Engineering and Public Works departments. Said communications equipment being used for paging services and all functions to support such services. 2. Location. The facilities to be furnished Lessee are located at 312 McDonwell School Rd., Colleyville, TX_(Latitude:32-54-24 Longitude: 97- 10-17) (the "Site"). The specific locations of Lessee's equipment and operations within the Site shall be referred to herein as the "Premises". 3. Term. This lease shall continue for a term of five years (initial term), commencing on the date that the Tenant commences construction or Sixty (60) days after execution of this Agreement (the end of the Option Period), whichever comes first. This lease shall automatically extend for consecutive terms (each an extended term) at the same duration as the initial term, unless either party gives the other written notice of its intention not to so extend at least ninety (90) days prior to the expiration of the initial term or the then current extended term. 4. Termination by Lessor and Lessee. Lessor may terminate this Lease if termination is necessary to accommodate the Lessor's use of the Site. Lessor shall give Lessee sixty (60) days notice prior to any such termination. Lessee may terminate this Lease at any time by providing Lessor with written notice of its intent to terminate at least thirty (30) days in advance of termination date. 5. Rent. Lessee shall pay rent upon the first day of the Lease as established in paragraph 4 and on the first of each month at the rate of $2,000.00 per month, prorated for any partial months, commencing upon the end of the "Option Period" or the day Lessee begins construction whichever comes earliest. Monthly rent shall increase at the rate of 10% per term. 1 Initial: / 6. Access and Security. Lessee shall have the reasonable right of access to the Site and Premises for the purpose of inspection and maintenance of its equipment, twenty-four (24) hours per day, seven (7) days per week, with the consent of the Lessor, which consent shall not be unreasonably withheld. The Lessor agrees to limit access to the premises to city employees to perform their normal job duties. Warning signs shall be posted as specified in routine evaluation performed by Lessee, if required by the FCC. Lessor shalt require all parties located at the site including newly located lessees, to notify Lessor of the installation of or change or modification to equipment located on the site so that Lessor can continue to maintain the site in compliance with such applicable rules. In case of emergency, Lessee shall not be required to seek the consent of Lessor if doing so would be impracticable under the circumstances. 7. Electrical Interference. Lessee shall not cause electrical interference to Lessor or to any other lessee who is using the Site at the time of Lessee's installation of its equipment. Upon written notice from Lessor to Lessee of such interference, Lessee will take all reasonable steps to correct such interference in a timely manner and, if such interference can not be corrected within five (5) business days from receipt of Lessor's notice, Lessee will cease its broadcasting from the Site, and this Lease shalt be terminated thereafter upon notice from Lessee to Lessor. Lessor will not grant a lease to any other party for use of the Site or Lessor's property if such use would in any way adversely affect or interfere with Lessee's operation of its communications system. If another user of Lessor's facility causes uncorrected interference with Lessee's operations or if new structures are built nearby which block or partially block Lessee's transmissions in a manner which significantly interferes with Lessee's operations. Lessor shall take immediate steps to correct the interference. If after thirty (30) days such interference has not been completely corrected to Lessee's satisfaction, Lessee, at its option, may terminate this Lease (without further liability for rent). 8. Utilities. Electricity and HVAC services are to be provided to the Premises and Site at Lessor's expense. Telephone expense is to be provided at Lessee's expense. 9. Taxes. Lessor shall be responsible for the declaration and payment of any applicable taxes or assessments against any property owned by Lessor at and including the Site. Lessee agrees to pay all such taxes which are assessed against the Lessor and/or the Lessee due to Lessee's personal property and improvements constructed or maintained by Lessee on or about the Premises; provided however, Lessor shall give prior notification of any taxes for which the Lessee is to be charged, so Lessee will have the opportunity to appear before the taxing authority and contest said assessment. 10. Liability and Indemnification. Lessee hereby agrees to indemnify and hold Lessor, its agents, and employees harmless from and against any and all costs, claims, damages, causes of action, and liability including all costs and attorney's fees which may arise by reason of any occurrence attributable to or arising out of the installation, maintenance, repair, operation, or removal of any of the Equipment by Lessee, it's agents or employees, including without limitation, any claim or cause of action for injury to or death 2 Initial: / of any person or damage to any property, and Lessee agrees to defend any claim, cause of action, or demand against Lessor, it's agents, and employees, arising out of such occurrence. Lessee further agrees to indemnify and hold Lessor, its agents and employees harmless from any action for damage, including all costs and attorney's fees, resulting from the acts or omissions of Lessee, its agents, contractors, subcontractors, employees, or invitees. Notwithstanding the foregoing, Lessor agrees to hold Lessee, its agents and employees harmless from any action for damage, including all costs and attorney's fees, resulting from the acts or omissions of Lessor, its agents, contractors, subcontractors, employees, or invitees. Lessee shall, at its sole cost and expense, obtain, keep in force and provide annual proof and notification to landlord as noted in Section 12 Notices during the term hereof: (a) comprehensive general liability insurance in limits not less than $1,000,000.00 inclusive, covering the installation, repair, maintenance, operation, and removal of the Equipment; (b) Worker's Compensation and employers' liability insurance and Lessee's installation, operation, or removal of the Equipment. Lessee shall not, without Lessor's prior written consent, perform any act or fail to perform any act that invalidates any insurance policy carried on the Building. 11. Condition of Site. Lessor shall furnish the Site to Lessee in good condition and repair and shall maintain the Site in a manner that will not interfere with Lessee's reasonable use of the Site. Upon expiration, cancellation, or termination of this Lease, Lessee will have the obligation within sixty (60) days to remove its equipment, antenna systems, fixtures, and structures from the Site and Premises at Lessee's cost and expense and to repair any residual damage. Title to all such equipment, fixtures, and structures shall remain with Lessee. Lessee shall surrender the Premises in substantially the same condition as received, except for ordinary wear and tear and/or damages to the Premises due to causes beyond Lessee's control. 12. Notices. Any notice or demand required or permitted to be given or made hereunder shall be sufficiently given or made if by certified mail, postage prepaid, and return receipt requested, overnight courier, or hand delivery addressed to the party at the following addresses: If to Tenant, to: Clear Wireless LLC Attn: Site Leasing 4400 Carillon Point Kirkland, WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 Email: Siteleasing~clearwire.com With a copy to: Clear Wireless LLC Attention: Legal Department 4400 Carillon Point Kirkland, WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 If to Landlord, to: The City of Colleyville Tower Lease Manager 100 Main Street Colleyville, Texas 76034 3 Initial: / Any such notice or demand shall be deemed to have been given or made three (3) days after it is deposited in the United States Postal Service, if mailed, and upon receipt if sent by courier or hand delivered. Either party may from time to time designate any other address for this purpose by giving written notice thereof to the other party. 13. Default. The following event shall each individually be deemed an event of default: a. Failure of Lessee to pay any sum due and owing to Lessor for more than ten (10) days after receipt of written notice from Lessor of such default; b. Failure of Lessee to observe or perform any covenant, term, or condition set forth in this Agreement other than to pay sum due and owing Lessor, after thirty (30) days written notice from Lessor of said failure. c. Failure of Lessor to observe or perform any covenant, term, or condition set forth in this Agreement other than to pay sum due owing to Lessee, after thirty (30) days written notice from Lessee of said failure. d. Any action being commenced by or against Lessee in the bankruptcy court or the seeking or appointment of a receiver, trustee, or similar official over any of Lessee's property. Upon the occurrence of any event of default, either party may terminate this Lease with prior written notice. In addition, Lessor shall have the following remedies exercisable at Lessor's option: 1. Without terminating Lessee's obligations under this Lease after ten (10) days written notice, terminate Lessee's rights of entry, use and possession under this Lease by notice to Lessee, and enter upon the Leased Area or any part thereof and change any locks, terminate the power or other services to the Leased Area, repossess the same and expel Lessee and those claiming through or under Lessee and remove their equipment, and without prejudice to any collection of arrears of the fees or damages for a preceding breach of covenant. 2. Pursuit of any of the foregoing remedies by Lessor shall not preclude pursuit of any other remedies herein provided Lessor or any other remedies provided upon default shall not be deemed or construed to constitute a waiver of such default. Reasonable and necessary legal fees associated with Lessor's attempts to pursue all remedies including pursuit of the above referenced default provisions as laid out in this agreement shall be reimbursed to Lessor by Lessee. 14. Assignment and Subleasing. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, transferees, and permitted assignees. Lessee shall have the right at any time to assign this Lease or to sublet the Premise, or any part thereof, provided that Lessee shall first obtain Lessor's written consent thereto, which consent will not be unreasonable withheld or delayed; provided, further however, this Lease may be assigned, without Lessor's consent, to any corporation which is a parent, subsidiary or affiliate of Lessee. For the purpose of this Section, a "parent" shall mean a corporation which owns not less than fifty-one percent (51 %) of the outstanding stock of Lessee, a "subsidiary" shall mean any corporation whose outstanding stock shall be owned by Lessee's parent. Upon such assignment of 4 Initial: / subletting to a parent, subsidiary, or affiliate of Lessee, such assignee or subtenant shall succeed to all rights and options (including renewal options) of the Lessee hereunder. In the event the Lessee shall assign this Lease or sublet the premises, the Lessor will be notified in writing, pursuant to Section 12 Notices, of the name(s), address, and telephone number of such "parent" within thirty (30) days. In the event the Lessee shall assign this Lease or sublet the Premises for an amount in excess of the rent provided for herein, the rent provided in this Agreement shall automatically increase to an amount equal to the rent provided in the assignment of lease or sub-lease of the Premises. 15. Equipment. -The equipment includes Federal Communications Commission (hereinafter FCC) approved transmitter(s), antenna(s) and associated equipment as listed and described in exhibit A, attached hereto and made an equal part hereof, with said antenna(s) mounted at height(s) and orientation(s) specified herein. Lessee reserves the right to alter its equipment upon notification to Lessor. Lessee will be required to mark equipment, at the time of installation, with a weather resistant tag, identifying the company name, address, and telephone number of current owner/lessee. 16. Relocation of Equipment. Lessor will not require Lessee to relocate its equipment on the Site in any way that will cause deterioration of Lessee's radio signal. Nor will Lessor require lessee to move or alter its equipment in a manner that would require prior approval of the Federal Communications Commission without providing at least six (6) months prior written notice to Lessee. Any such relocation shall be at Lessor's sole expense. 17. Marking and Lighting Requirements. Lessor acknowledges that it shall be responsible at Lessor's sole cost and expense, for compliance with all tower or building marking and lighting requirements which may be required by the Federal Aviation Administration ("FAA") or the Federal Communication Commission ("FCC"). Lessor shall indemnify and hold harmless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements. Further, should Lessee be cited by either the FCC or FAA or in the event any claims are brought against Lessee because the Site is not in compliance, Lessor shall indemnify Lessee for all costs, liabilities, damages and expenses, including reasonable attorney's fees. Further, if Lessor does not cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may terminate this Lease immediately upon written notice to Lessor without any further liability. 18. Tower Maintenance. Lessee hereby agrees to allow the Lessor, its agents and employees to perform preventative maintenance and repair, including but not limited to painting and structural repair when necessary. The Lessor wilt provide the Lessee thirty (30) days notice prior to commencing repair unless an emergency exists. Temporary removal or re-location of Lessee's equipment will be at the Lessee's expense. 19. Tower or Building Damage. In the event the tower or building is partially or fully destroyed or damaged, Lessee shall be entitled to a rental abatement for the period of time it is 5 Initial: / unable to conduct its normal operations due to the tower or building damage or destruction. If the damage cannot be repaired within ninety (90) days of such damage, Lessee may terminate this agreement and will be entitled to a pro-rata refund of any prepaid rent. 20. Prior Negotiations. This Agreement constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations, and agreements. 21. Amendment. No revision of this Agreement shall be valid unless made in writing and signed by Lessor and Lessee or their authorized agent(s). IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date set forth below. DATED: , 2009. LESSOR: City of Colleyville BY TITLE: City Manager LESSEE: Clear Wireless LLC, a Nevada limited liability company BY: TITLE: Name: Title: 6 Initial: / SCHEDULE A LOCATION OF SITE (SITE NAME)/ RF ISSUES/ EQUIPMENT Street Address: 312 McDonwell School Road Town of: Colleyville State of: Texas Latitude: N 32° 54' 24" Structure Type: Water Tower Lessor's Title recorded in the County of: Tarrant Real Property Tax Identification Number: Longitude: W 97° 10' 17" Structure Height A.G.L): 155' County Clerk's Office at Liber/Block ,Page RF ISSUES AND REQUIRED EQUIPMENT AT SITE Lessee's Frequencies Transmit Antennas: Type (Tx/Rx) Quantity Type Transmit Antenna Receive Antenna GPS Antenna Dish Antenna Receive Heliax: Quantity Type/Height (A.G.L.) Transmit Lines Receive Lines Equipment Cabinet Dimensions Cabinet 1 Height: Width: Depth: Cabinet 2 Height: Width: Depth: Cabinet 3 Height: Width: Depth: Power: Phone: Approx. Dimensions Approx. Dimensions Weight: Weight: Weight: 7 Initial: / SCHEDULE B DRAWN DESCRIPTION OF THE SITE See attached construction documents Initial ~ ~ ,~m 0~ "1-,,, m ~ ~ ~1~y~ QWW~ r 8~ ~gp~ ® ~ J P g ml~ O Z ~~ ~° ~ @ 8 ~~ ~\ Q '~''~ ~" P J : O. 4 ~ ~ ~ <~C ~ / ~~ ~ x :~ z: U ~ ~ N ~ ~ g _ R ~ ~ ~~ .2 :afv:, •. .L: ~ U ~ ~ ~~ ~-~ T ~ 9* - O_ ~ p 3t3~ ~>a ~ ~ ~ ~ ~~~~ ~ ..v ~ ~ ~ ~~ ~ ~ o ~ d ~~~ ~ ~~ ~ ~;~ ~ ~~ gg a a a ~'~3~St y o ~ Sd b g8~€ a ~~ ~ ,~ ° ~ - a i ~ gcl~ 5 8 ~5 ~,. ~ ~~ d a ~ a m a ~ ~ 1i S o ~ ~ ~ ~ ~a~~ i i ~ .. Y ~ ~ ~ ~ ~ ~ 1Y ~ ~ t S A A y Y ~ w ~ 3§ ~wa~~~~ a A a ~ ~ .. YJ ~11e4S rO p ~ ! 4 ~ ~^ _ QwWO~ ' ia o. 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Y ~ ~~ m ~~~a ~~ ~~ ~ ~°~~ ~ ~~ ~ n ;~ ~ s O ~~~~ ~ ~ ~ =~~b1 I ~SSy ~ ~ se~~ o e~ ~~ 6~ ~ ~ T ~~ ~~ ~~~ o ~ x W~ a N , ~_~ I d€ ~ w~ o~`d ~ ~ ~~ ~ ag ~ a6 ~ e d ~.,.€ G ~a}€ y ~ ~~ ~c ~ a ~ ~¢ ~~'a W o~ ~ ~ I 1 J - ~~saa$ _ ~ ~ x ~~sa _ ~~ ~~ ~ ~ 1_ $ a o~ ~E ~ ~~~~ City of Colleyville City Hall 100 Main Street ,~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1732 File Number: 0-09-1732 File Type: Ordinance Status: First Reading Version: 1 Requester: Fire Department Agenda Date: 10/07/2009 Agenda No.: 5a Controlling Body: City Council Final Action: File Name: Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash in the amount of $981,238.00 to prepay for the second of two fire apparatus being purchased for Attachments: Martin Apparatus, Inc. Letter of Proposal dated September 2, 2009 Ordinance 0-09-1732. pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash in the amount of $981,238.00 to prepay for the second of two fire apparatus being purchased for the Fire Department Explanation First Reading and Public Hearing As part of the FY 2010 General Fund budget requests, the Fire Department requested to purchase two new fire apparatus to replace two existing fire apparatus that are 14 and 24 years old respectively. The first fire apparatus was proposed to be funded from the Colleyville Tomorrow Fund. Staff's initial plan was to lease purchase the second fire apparatus over a period of 10 years with the initial 1-2 annual payments coming from the Debt Service Fund available cash. Upon further research and investigation, staff has determined that in order to achieve the greatest cost savings in vehicle purchase discounts and to minimize interest costs, the best course of action is to prepay purchase the second fire apparatus using General Fund available cash and take out a 10 year secured loan upon delivery of the second fire apparatus to re-pay the funds used from General Fund available cash. When the second fire apparatus is delivered, a 10 year secured loan will be obtained and the loan proceeds will be used to replenish available cash funds to their previous levels. During this 10-11 month period the days of available cash in the General Fund reserves will be reduced from 148 days of operating funds to 129 days of operating funds in the General Fund fund balance. Upon receipt of the loan, days of operating cash reserve will return to City of Colleyville Page 7 Printed on 9/30/2009 Agenda Briefing Continued (0-09-1732) pre-purchase levels. Financial Impact It has been determined that the financial impact of this plan is as follows: Interest savings by deferring loan until after delivery: $49,000.00 Full prepay discounts: $43,738.00 Lost interest revenue from available cash reduction: $12,265.48 Net savings with this plan: $80,472.52 Recommendation Approval City of Colleyville Page 2 Printed on 9/30/2009 MARTIN APPARATUS, INC. "~~ 3500 Shelby Lane Denton, TX 76207 Colleyville Fire Department September 2, 2009 5209 Colleyville Blvd. Colleyville, TX 76034 Re: Proposal for One (1) new Pierce Custom 95' Midmount Platform (1) new Pierce Custom 105' Heavy Duty Aerial Martin Apparatus Inc., the licensed and authorized dealer for Pierce Manufacturing Inc. in the State of Texas and in the State of Louisiana, is pleased to provide the following proposal for TWO new Pierce Aerial apparatus. This proposal is based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is based on current HGAC (Houston Galveston Area Council) and/or BUYBOARD proposal pricing and includes the fees associated with either a HGAC or a BUYBOARD purchase. Two (2) new Pierce Custom Aerial Apparatus and Platform $1,908,231.00 Prepayment discounts are included. See last page for payment details. The proposal pricing includes the delivery cost from Appleton, Wisconsin. Travel expenses for your personnel travel to our factory are included in this proposal. Delivery time for the proposed unit will be within 10-11 months from the date of order which will be the date that a Purchase Order and pre-payment, (if this option is taken) is received by Martin Apparatus Inc. This proposal is valid for until November 30th 2009. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from Sales Taxes or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Payment is due to Martin Apparatus Inc. upon acceptance of the apparatus at the factory. Payment must be remitted to: Payment Mailing Address Payment i~ring Information Martin Apparatus Inc., JP Morgan Chase Bank, N.A. P.O. Box 975262 Dallas, TX 75201 Dallas, TX 75397-5262 Account # 724367016 Routing #: 111000614 26-1557803 Fed Tax ID Page 1 of 3 Any changes to the original specification will be invoiced or credited as a separate transaction from the original proposal. A late fee of .033% per day will be charged for overdue payments for the first 30 days and a fee of .044% per day thereafter. In the event that the purchase order is cancelled or terminated by a party before completion, Martin Apparatus Inc. may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Pierce; (b) 20% of the Purchase Price after completion of the approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Martin Apparatus Inc. endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Martin Apparatus Inc. upon sale of the product to another purchaser, plus any costs incurred by Martin Apparatus Inc. to conduct any such sale." In an effort to ensure that the above stated terms and conditions are understood and adhered to, Martin Apparatus Inc. requires that an authorized individual from the purchasing organization sign and date this proposal cover letter and include it will any purchase orders or contracts. In the event that the purchasing organization has regulations or procedures that do not coincide with the terms and conditions of this proposal, any and all deviations must be submitted to Martin Apparatus Inc. for written approval. An authorized representative of Martin Apparatus Inc. must agree to each and every deviation, in writing, via an amended copy of this proposal cover letter which will then, in turn, require a dated signature from the purchasing organization. Sincerely, Travis Ownby 817 454 5394 cell phone 800-784-6806 -Houston Office Toll Free townby@martinapparatus.com -email I, ,representing , desire to purchase the equipment listed on this proposal cover letter and agree to the terms of this proposal. Signature Date Page 2 of 3 Prepayment table Truck #1 Colleyville 105' Aerial Apparatus price no discounts Chassis discount see below for payment Aerial discount 100% prepay discount 974, 942.00 -9,175.00 -5,032.00 -23, 742.00 Apparatus price with discounts Trade in (E-One) Apparatus price with all discounts and trades 936, 993.00 -10,000.00 926,993.00 Chassis prepay amount of $293, 789 Aerial Prepay amount of $243, 802 100 % prepay of $926, 993 due net 15 of contract signing Truck #2 Colleyville 95' Midmount Platform Apparatus price no discounts 1,099,976.00 Chassis discount see below for payment -9,256.00 Aerial discount -8,655.00 100% prepay discount -25,827.00 Apparatus price with discounts 1,056,238.00 Trade in (Quality pumper) -35,000.00 Multi truck discount -40,000.00 Apparatus price with all discounts and trades 981,238.00 Chassis prepay amount of $308,535 Aerial Prepay amount of $411, 899 100% prepay of $981, 238 due net 15 of contract signing Multi Truck discount only applicable if contract is for both units Apparatus Purchase Price 2 trucks 2,074,918.00 Total Discounts (2 trucks) -121,687.00 Total Trade in value (2 trucks) -45,000.00 Total Apparatus cost 1,908,231.00 Truck # 1 shall be paid in full $927,993 by customer to receive discounts. Truck # 2 shall be financed for an amount of $981,238 and paid to Pierce within 15 days of contract signing to receive all discounts. Prepayment not required for truck number two if the customer chooses to pay cost without prepayment discounts on delivery. Page 3 of 3 ORDINANCE 0-09-1732 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3 OF ORDINANCE 0-09-1727 OF THE FISCAL YEAR 2010 (FY 2010) GENERAL FUND BUDGET WHEREAS, the Fire Department can receive apre-payment discount of $43,738 on a fire apparatus which will be financed by a 10-year secured loan upon delivery and the City Council desires to receive the pre-payment discount by utilizing General Fund available cash in the amount of $981,238, it is necessary to amend the FY 2010 budget in the amount of $981,238 for Fire Department's line item (001-22-6650) making the amended total of the FY 2010 General Fund budget $20,873,208; 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 appropriation amounts for the FY 2010 budget as adopted by Ordinance 0-09-1727 for the different funds of the City of Colleyville are amended to read as follows: General Fund $20,873,208 Utility Fund (Water and Wastewater) $10,510,469 Debt Service Fund $ 2,480,396 Drainage Utility Fund $ 803,149 Sec. 2. THAT the City Manager is hereby authorized to execute all contracts and documents for which funding is appropriated in the aforementioned budgets. Sec. 3. THAT the effective date of this ordinance shall be immediate upon 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. Ordinance 0-09-1732 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 ~,~,~ G. r.>.¢:. City of Colleyville Agenda Briefing File Number: R-09-3151 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-09-3151 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 10/07/2009 Agenda No.: 6a Final Action: File Name: Approval and adoption of the Colleyville Tomorrow Fund project list and fund allocation Attachments: Resolution R-09-3151.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Approval and adoption of the Colleyville Tomorrow Fund project list and fund allocation Explanation Reading and Public Hearing In August 2008, the City requested proposals from four major gas mineral drilling companies regarding leasing of subsurface minerals for approximately 280 acres of City property. Two companies: Titan Operating/Caffey Group and Chesapeake responded to the request. Titan Operating/Caffey Group provided the best proposal, offering $25,000 per acre, 25.5% royalties. Titan also offered $200,000 for City beautification or potential park improvements. The City Council approved the lease agreement through consent resolution R-08-3021 at the October 21, 2008 City Council meeting. At the May 2009, City Council budget worksession, staff proposed guidelines for the distribution of funds and a preliminary list of projects. At the direction of City Council, the management team met to score and rank the projects. The final project list was presented to City Council on August 5, 2009. Total funds available as of August 31, 2009 in the Colleyville Tomorrow Fund are $3,463,563.37. Staff is proposing to allocate $2,130,845 toward the top five projects. The proposed expenditures include the following: • Capital Repair/Replacement Fund $ 300,000 • Street Sweeper $ 197,527 • Public Works Service Center Study $ 45,000 • Colleyville Center Renovation $ 661,325 • 105' Aerial Fire Apparatus $ 926,993 Status: Resolution Controlling Body: City Council City of Colleyville Page 1 Printed on 9/30/2009 Agenda Briefing Continued (R-09-3151) The Colleyville Center renovation is recommended to be an intrafund loan to the Colleyville Economic Development Corporation (CEDC). The Colleyville Tomorrow Fund will be reimbursed these funds over the next four years. After these expenditures, $1,332,718.37 remains in the Colleyville Tomorrow Fund. Financial Impact It has been determined that funding is available in the amount of $2,130,845 in the Colleyville Tomorrow Fund. Recommendation Approval City of Colleyville Page 2 Printed on 9/30/2009 RESOLUTION R-09-3151 A RESOLUTION ESTABLISHING THE COLLEYVILLE TOMORROW FUND AND APPROVING THE PROJECT LIST AND AUTHORIZING ASSOCIATED EXPENDITURES FOR SPECIFIED PROJECTS WHEREAS, in August 2008 the City requested proposals for leasing of subsurface minerals for approximately 280 acres of City property; and WHEREAS, in October 2008, the City Council approved a lease agreement with Titan Operating; and WHEREAS, it is necessary to establish the Colleyville Tomorrow Fund and to budget revenues received and expenditures planned from this fund for specified projects; and WHEREAS, in August 2009, a worksession was held with City Council to present a project list with cost estimates for nine projects identified through an approved process including guidelines, scoring and ranking. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville Tomorrow Fund has been established for the purpose of funding approved projects, facilities and improvements. Sec. 2. THAT the Colleyville Tomorrow Fund project list, hereby referred to as Exhibit "A" and the associated funding commitment is hereby approved. 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 Exhibit "A" Colleyville Tomorrow Fund Project List Total CTF Money Available: $3,463,563.37 Projects: Estimates: Capital Repair/Replacement Fund $ 300,000.00 Street Sweeper $ 197,527.00 Public Works Service Center Study $ 45,000.00 Colleyville Center Renovation $ 661,325.00 105' Aerial Fire Apparatus $ 926,993.00 Total Expenditure: $2,130,845.00 Ending Balance: $1,332,718.37 Additional projects will be brought forward to City Council for consideration with the remaining funds available. ~~, ~::.: City of Colleyville Agenda Briefing File Number: R-09-3152 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-09-3152 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 10/07/2009 Agenda No.: 6b Status: Resolution Controlling Body: City Council Final Action: File Name: Approval and adoption of the Parks Tomorrow Fund project list and fund allocation Attachments: Resolution R-09-3152.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Approval and adoption of the Parks Tomorrow Fund project list and fund allocation Explanation Reading and Public Hearing In August 2008, the City requested proposals from four major gas mineral drilling companies regarding leasing of subsurface minerals for approximately 280 acres of City property. Two companies: Titan Operating/Caffey Group and Chesapeake responded to the request. Titan Operating/Caffey Group provided the best proposal, offering $25,000 per acre, 25.5% royalties. In addition, Titan also offered $200,000 for City beautification or potential park improvements. The City Council approved the lease agreement through consent resolution R-08-3021 at the October 21, 2008 City Council meeting. In April 2009, the City Attorney confirmed that any revenues generated from mineral leases of park property constructed with grant money require reinvestment of revenue back into parks and recreation pursuits whether that be park development, maintenance or acquisition. The revenue does not have to be used within a particular park but may instead be used within the local park system. The City has leased four (4) parks built with grant funding, Nature Center, City Park, Sparger Park and Kimzey Park for a total of 121.4338 acres. As of April 30, 2009, the cash balance of the Parks Tomorrow Fund was $2,763,528. Of that balance, $1,157,437 was committed by City Council at the May 5, 2009 meeting for McPherson Phase II and Senior Center Open Space Trail. The unallocated balance of the Parks Tomorrow Fund at this time is $1,606,091. Staff presented the proposed guidelines for the distribution of funds and a preliminary list of projects to City Council at the budget worksession in May 2009. The guidelines ranked City of Colleyville Page 1 Printed on 9/30/2009 Agenda__Briefing Continued (R-09-3152) each project based on nine criteria: Relevancy, Appropriateness, Benefit, Cost, Economic Impact, Life Cycle, Consequence, Other Available Funding Sources and Timeline. Each criteria was given a weighting to the overall score. The Parks Department staff followed a similar ranking process as did the management team for the Colleyville Tomorrow Fund projects. These projects were then provided to the Parks and Recreation Advisory Board on June 13, 2009 for discussion and consideration. The Parks and Recreation Advisory Board has recommended consideration of the top ten projects totaling $642,500. As staff is currently working with a consultant to update the Parks, Recreation and Open Space Master Plan and several of these items may have alternate funding sources, staff is recommending allocating funding from the Parks Tomorrow Fund at this time for replacing the Kidsville playground at City Park ($400,000), purchasing the recreation software upgrade ($36,000) and a new tennis court shade structure ($10,000). The total allocation of funding for these projects is $446,000, leaving a fund balance of $1,160,091. Staff also recommends to delay additional expenditures from the Parks Tomorrow Fund until the Parks, Recreation and Open Space Master Plan Update and Capital Improvement Plan are complete. Additional analysis is being completed for a future recommendation of a building repair and replacement fund similar to that in the Colleyville Tomorrow Fund. Staff will present the findings and recommendations in a future City Council meeting. Financial Impact It has been determined that funding is available in the amount of $446,000 in the Parks Tomorrow Fund. Recommendation Approval City of Colleyville Page 2 Printed on 9/30/2009 RESOLUTION R-09-3152 A RESOLUTION ESTABLISHING THE PARKS TOMORROW FUND AND APPROVING THE PROJECT LIST AND AUTHORIZING ASSOCIATED EXPENDITURES FOR SPECIFIED PROJECTS WHEREAS, in August 2008 the City requested proposals for leasing of subsurface minerals for approximately 280 acres of City property; and WHEREAS, in October 2008, the City Council approved a lease agreement with Titan Operating; and WHEREAS, it is necessary to establish the Parks Tomorrow Fund and to budget revenues received and expenditures planned from this fund for specific projects; and WHEREAS, in August 2009, a worksession was held with City Council to present a project list with cost estimates for nine projects identified through an approved process including guidelines, scoring and ranking. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Parks Tomorrow Fund has been established for the purpose of funding approved park projects, facilities and improvements. Sec. 2. THAT the Parks Tomorrow Fund project list, hereby referred to as Exhibit "A" and the associated funding commitment is hereby approved. 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 Exhibit "A" Parks Tomorrow Fund Project List Total PTF Money Available: $1,606,091.00 Projects: Estimates: • Capital Repair/Replacement Fund $ 400,000.00 • Recreation Software Upgrade $ 36,000.00 • Tennis Court Shade Structure $ 10,000.00 Total Expenditure: $ 446,000.00 Ending Balance: $1,160,091.00 Additional projects will be brought to City Council for consideration at the completion of the Parks, Recreation and Open Space Master Plan Update and Capital Improvement Plan. ~~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~,.;~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3153 File Number: R-09-3153 Version: 1 File Type: Resolution Agenda Date: 10/07/2009 Status: Resolution Controlling Body: City Council Requester: Office of the City Agenda No.: 6c Final Action: Manager File Name: Nominating candidates for the Tarrant Appraisal District Board of Directors Attachments: Tarrant Appraisal District correspondence dated September 15, 2009.pdf TAD 2009 Calculation of Taxing Entity Votes for Board of Directors.pdf Resolution R-09-3153.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/07/2009 City Council Title Nominating candidates for the Tarrant Appraisal District Board of Directors Explanation Reading and Public Hearing The terms of the Tarrant Appraisal District Board of Directors expire December 31, 2009. The City of Colleyville may nominate one candidate for each of the five positions to be filled, but is not required to make any nomination. The nominations must be submitted to the Chief Appraiser as a resolution adopted by the City Council by October 14, 2009. The 2008-2009 TAD Board of Directors are: Joe Potthoff, Chairman John Clanton, Secretary John Eubanks, Member Michael Glaspie, Member John Molyneaux, Member Betsy Price, Non-Voting Member Nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 2010. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. An employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represent property owners in proceedings in the appraisal district or who is employed by the appraisal district. City of Colleyville Page 1 Printed on 10/2/2009 Agenda Briefi~t Continued (R-09-3153) Mr. John Eubanks was the City Council's nominee in 2007. Staff has contacted Mr. Eubanks regarding his interest in continuing his service on the TAD Board. Staff will provide a response from Mr. Eubanks at the City Council Meeting on October 7. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 10/2/2009 TARRANT APPRAISAL DISTRICT 2500 Handle -Ederville Road • Fort Worth. Texas 76118-6909. 817 284-0024 Jeff Law y ~ ~ Executive Director Chiel Appraiser September 15, 2009 Mr. David Kelly Mayor City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mr. Kelly: The terms of service for our five members of the Board of Directors will expire on December 31, 2009 and it is time to begin the process of conducting an election. Based on the amount of the 2008 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with that information. The first step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. The County Tax Assessor/Collector is a member of the Board of Directors by law. In order to be eligible to serve as directors, the 2009 nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 2010. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. However, an employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners in proceedings in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or Letter to Taxing Units Election of Board of Directors September 15, 2009 Page 2 either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call the undersigned. The nominations for Directors, which must be made in an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution adopted by the governing body by October 14, 2009, giving the names and addresses of the nominees. A current resume or vita is also helpful. The appointment calendar is as follows: By October 14, 2009 By October 29, 2009 By December 14, 2009 By December 31, 2009 January 1, 2010 Nominations by resolution Ballots listing nominees delivered to Presiding Officer Entity submits votes by resolution to Chief Appraiser Five (5) nominees receiving largest cumulative vote totals are elected Board takes office for two year term The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. If you have any questions, do not hesitate to call the undersigned. Sincerely, aw Executive Director Chief Appraiser JL:mm Encl. TARRANT APPRAISAL DISTRICT :2009 CALCULATION OF TAXING ENTITY VOTES FOR BOARD OF DIRECTORS 'Per Section 6.03 (d) of Texas Property Tax Code Based on 5eptember,.2008Taxes Imposed 2008 TAXES % OF 2009 School .Districts: IMPOSED TOTAL VOTES Aledo $ 1,437,028 0.05405% 3 Arlington $ 264,828,364 9.96082% 498 Azle $ 15,495,266 0.58281 % 29 Birdville $ 103,721,947 3.90123% 195 Burleson $ 16,454,561 0.61890% 31 Carroll $ 76,191,078 2.86573% 143 Castleberry $ 5,846,370 0.21990% 11 Crowley $ 69,869,687 2.62796% 131 Eagle Mountain/Saginaw $ 88,806,889 3.34024% 167 Everman $ 13,608,247 0.51184% 26 Fort Worth $ 319,671,361 12.02360% 601 Godley $ 605,146 0.02276% 1 Grapevine/Colleyville $ 136,114,381 5.11959% 256 Hurst/Euless/Bedford $ 110,991,589 4.17466% 209 Keller $ 148,420,402 5.58244% 279 Kennedale $ 13,973,547 0.52558% 26 Lake Worth $ 11,981,861 0.45067% 23 Lewisville $ 1,871,891 0.07041% 4 Mansfield $ 120,593,333 4.53580% 227 Northwest $ 54,890,888 2.06458% 103 White Settlement $ 21,367,071 0.80367% 40 TOTAL SCHOOLS $ 1,596,740,909 60.05722% 3,003 Cities: Arlington $ 119,266,611 4.48590% 224 Azle $ 3,485,993 0.13112% 7 Bedford $ -13,598,185 0.51146% 26 Benbrook $ 9,776,812 0.36773% 18 Blue Mound $ 478,979 0.01802% 1 Burleson $ 3,288,031 0.123ay'/o 6 Colleyville $ 12,947,155 0.48697% 24 Crowley $ 4,005,873 0.15067% 8 Dalworthington Gardens $ 793,581 0.02985% 1 Edgecliff Village $ 563,459 0.02119% 1 Euless $ '12,965,098 0.48765% 24 .Everman .$ 1,223,698 0.04603% 2 Flower Mound $ 614,480 0.02311 % 1 Forest Hill $ 3,989,155 0.15004% 8 Fort Worth $ 347,999,333 13.08908% 654 Grand Prairie $ 32,792,392 1.23340% 62 Grapevine $ .21,834,304 0.82124% 41 Haltom City $ 10,097,589 0.37979% 19 Haslet $ 1,449,135 0.05451 % 3 Hurst $ 12,686,648 0.47717% 24 Keller $ 16,726,999 0.62914% 31 Kennedale $ 3,548,753 0.13348% 7 Lakeside $ 309,549 0.01164% 1 Lake Worth $ 1,348,897 0.05074% 3 Mansfield North Richland Hills Pantego Pelican Bay Reno Richland Hills River Oaks Roanoke Saginaw Sansom Park Southlake "trophy Club Watauga Westover Hills Westworth Village White Settlement TOTAL CITIES Other:* Tarrant County TOTAL OTHER TOTAL ALL $ 28,207,629 1.06096% 53 $ 21,696,054 0.81604% 41 $ 966,960 0.03637% 2 $ 222,957 0.00839% 0 $ 31,826 0.00120% 0 $ 2,044,428 0.07690% 4 $ 1,869,589 0.07032% 4 $ 353,133 0.01328% '1 $ 5,257,056 0.19773% 10 .$ 604,046 0.02272% '1 $ .24,522,254 0.92234% 46 .$ 370,414 0.01393% '1 $ 6,078,991 0.22865% 11 $ 1,579,213 0.05940% 3 $ 722,534 0.02718% 1 $ 3,555,048 0.13371% 7 $ 733,873,441 27.60272% 1380 $ - 328,085,014 12.34006% 617 $ 328,085,014 12.34006% 617 $ 2,658,699,364 100.00% 5,000 "`This excludes the hospital district, regional water district, college district, emergency services district, and utility districts per section 6.03, paragraphs (e) (1) through (3) of the Texas Property Tax Code RESOLUTION R-09-3153 A RESOLUTION NOMINATING CANDIDATES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTOR WHEREAS, the City of Colleyville contracts with the Tarrant Appraisal District (TAD) for setting property valuations; and WHEREAS, the City of Colleyville is entitled to nominate one candidate for each of the five positions on the Tarrant Appraisal District Board of Director; and WHEREAS, the terms of the TAD Board of Directors expire December 31, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville nominates the following individual(s) to serve on the Tarrant Appraisal District Board of Directors: AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor .•~~~~ ~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Version: 1 Agenda Date: 10/07/2009 Requester: Office of the City Agenda No.: 8 Secretary File Name: Reports -October 7, 2009 Status: Reports Controlling Body: City Council Final Action: Attachments: Planning and Zoning Commission Minutes -July 13, 2009 Parks and Recreation Advisory Board Minutes July 13, 2009 Senior Center Advisory Committee Minutes -July 16, 2009 Parks and Recreation Advisory Board Minutes -August 3, 2009 Senior Center Advisory Committee Minutes -August 20, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council Title Planning and Zoning Commission Minutes -July 13, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 Senior Center Advisory Committee Minutes -July 16, 2009 Parks and Recreation Advisory Board Minutes -August 3, 2009 Senior Center Advisory Committee Minutes -August 20, 2009 City of Colleyville Page 1 Printed on 9/30/2009 i,~.,., City of Colleyville 100M'tainStreet i~ I~,;~~~i P~,~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 f,.~.,~ www.colleyville.com Planning and Zoning Commission Monday, July 13, 2009 6:15 PM City Council Chambers 6:15 P.M.-PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 13, 2009 at 7:04 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn , Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Sarah Coplen, Jeremy Hutt, Rob McKeown, Kelly Cooper and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 26, 2009 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy City of Colleyville page ~ Punted on 9H 5/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 2, Block 1 of Crook-Womeldorf Addition located at 4808 Patterson Lane, Case PC09-008 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:07 p.m. There being no one wishing to speak, the public hearing was closed at 7:07 p.m. Commissioner Rotthaus moved to approve case PC09-008. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 7b 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if all of the recommendations made by staff in the draft ordinance? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding the trees (could not hear Commissioner Dudziak, microphone was off). Ron Ruthven replied trees not located in the building foot print would have to be mitigated. Commissioner Phelps questioned staff regarding if the waiver requests by the applicant are going to be handled separately? Ron Ruthven replied those waiver requests regarding fees would need to be followed by the Land Development Code to be handled at a later date. City Attorney Kallas replied those waiver requests would be an administrative matter with the city He stated the request before the Commission tonight is strictly for zoning. City of Colleyville pays p Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 Commissioner Byerly opened the public hearing at 7:15 p.m. Jeff Avery, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Avery regarding how many people will the stadium seating hold? Mr. Avery stated the seating for the stadium would accommodate 200 spectators on each side. Commissioner Dudziak questioned Mr. Avery if kindergarten and the day care facilities are on this site? Mr. Avery stated the kindergarten and day care is not at this site. Commissioner Dudziak questioned Mr. Avery regarding if the portables are going to be used by the church? Mr. Avery stated those portables are being removed by the school. Commissioner Phelps questioned Mr. Avery regarding if the kindergarten is being moved out of this facility completely or to the church facility. Mr. Avery stated off-site of this facility. Commissioner Byerly questioned Mr. Avery regarding if the library is in Phase II? Mr. Avery stated it will be in a future phase. Commissioner Redfearn questioned Mr. Avery for clarity to explain the phases. Mr. Avery stated Phase I consists of the infrastructure, fire lanes, concrete, the next education building (classrooms and administration) and detention ponds. He stated Phase II would include multi-purpose facility, athletic field and library. He stated the high school and improvements to the stadium would come at a later time when the funds are available. He stated Phase III and Phase IV, would be the high school and the stadium. Commissioner Redfearn stated he thought the lighting and the stadium were in Phase IV. Mr. Avery stated they would like to put the field in at this point as well as the lighting. However, he stated knowing that all improvements to the field, outside of the lights and bleachers, would come at a later date. Commissioner Dudziak questioned Mr. Avery if the field would be put in during Phase I? Mr. Avery replied yes. Commissioner Dudziak stated there would be no lights? Mr. Avery stated they would like to have lights for the field but no other structures in this Phase I. Commissioner Phelps questioned Mr. Avery regarding if the existing field is currently lit? Mr. Avery replied no. Commissioner Dudziak questioned Mr. Avery regarding how many classrooms are going to be in the grade school? Mr. Avery replied 20 City of Colleyville Page 3 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 total in Phase I. Commissioner Dudziak questioned Mr. Avery if the Wayne Drive improvements would be a part of Phase I? Mr. Avery replied yes, all improvements would be done in Phase I construction. Commissioner Dudziak questioned Mr. Avery regarding if the build line on Wayne Drive is for the future Phases of construction or is that the build line on Wayne Drive? Mr. Avery stated that being the 40 build line on Wayne Drive. Commissioner Rotthaus questioned Mr. Avery how many students are currently enrolled? Mr. Avery replied currently 540, grades 1-12. Commissioner Rotthaus questioned Mr. Avery regarding if they are planning to increase to 600 students? Mr. Avery replied yes. He stated they have the ability to have 750, but with this request they would limit the student enrollment to 600. Jessie French, 3700 Brown Trail, Bedford, spoke in opposition to the request with concerns for the traffic. Wyatt Cross, 3817 Fox Hollow Drive, spoke in opposition to the request with concerns for the lighting and noise. Gary Zak, 3821 Fox Hollow Drive, spoke in opposition to the request with concerns for lighting, noise, landscaping and bleacher/stand height. Shelley Zak, 3821 Fox Hollow Drive, spoke in opposition to the request with concerns for lighting, noise, bleacher/stand height and decrease in property values, crime, trash and traffic. Scarlet Burchfield, Spring Grove, Bedford, spoke in opposition to the request with concerns for traffic and noise. She stated she would like to see the City of Colleyville close Wayne Drive. Aaron Holderness, 933 Harwood Terrace, Bedford resident, spoke in opposition to the request with concerns for traffic, parking and lighting . He stated the City of Colleyville should close Wayne Drive. He stated it appears that the long range plan is much more than what is being presented tonight. He stated the school only growing 10% There being no one wishing to speak, the public hearing was closed at 8:00 p.m. Mr. Avery came forward to answer any questions or concerns that the residents have had tonight. He stated the current zoning allows for a two City of Colleyville page 4 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 story building close to the same line as the stadium. He stated they chose to move that structure so that they would be away from those residents. He stated they are willing to work with the neighbors and have by reducing the number of students enrolled. He stated they would like to improve the turf for the stadium since the field is used daily by the school. Commissioner Dudziak questioned Mr. Avery regarding if postponing the lights is a possibility? Mr. Avery replied yes. Commissioner Dudziak stated the postponement is just for the details of the lights, he stated the lights are going to be approved if the Commission approves this request? City Attorney Kallas stated the foot candle limited at the property line, however, the actual construction of the light will be with the detailed site plan upcoming. Commissioner Dudziak questioned Mr. Avery if they would be willing to limit the use of lights to certain days of the week, times of the day? Mr. Avery stated they would consider that number of days and at worst case the timing on the lights, maybe two days a week until 10:30 p.m. City Attorney Kallas stated that could be put in the ordinance. Mr. Avery stated they area 1-12 school with different times and requirements. He stated he would hate to not be able to use a Thursday during bright sunlight just because it did not fit the two day limit. Commissioner Dudziak stated the daylight hours are not what concerns the neighbors, it is the use of the lights at night that concerns them. Commissioner Dudziak questioned Mr. Avery if the use of the lights was limited to Sun -Thurs night until 8 p.m and Fri- Sat nights until 10:30 p.m., could that be considered? Mr. Avery stated that sounds fair. He stated not knowing exactly the times for the use of the lights; he stated he would have to ask the school. Commissioner Phelps questioned Mr. Avery how are the athletic facilities used today, without lights? Mr. Avery stated those varsity events are held off site. Commissioner Phelps stated having an issue with these type lights so close to the residents shining into their back yards. He stated this is not an appropriate use for this area. Mr. Avery stated if they could limit the times on the use of the lights as well as the light pollution, direction of the lighting. Commissioner Phelps stated the orientation of the field is not conducive to the field lighting. He stated it will still be shining into their backyards. Mr. Avery stated they are wanting to provide an on-site school experience for the students enrolled to be able to use the field for their events. Commissioner Byerly questioned staff regarding what is a .5 foot candle illumination at the property line, what is that in comparison ,how bright is that? Ron Ruthven stated not having an example of that at this time, he stated that comes form the code of ordinances. Commissioner Byerly City of Co/leyville Page 5 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 questioned staff if that is the standard lighting between residential and commercial? Ron Ruthven replied correct. Commissioner Byerly questioned staff regarding if the design of the bleachers is included in the draft ordinance or will it be left to the details of the site plan for later? Ron Ruthven replied correct. Commissioner Byerly questioned City Attorney Kallas if that could be accepted as an addition to the ordinance? City Attorney Kallas replied right now the ordinance site plan details the location of the bleachers. He stated the ordinance states that prior to any construction of the stadium facility , they would have to come back for an approval of the detailed site plan . He stated while this does lay out lighting poles and bleachers, all will be included in a detailed site plan. Ron Ruthven concurred. Commissioner Byerly questioned staff regarding if the concept plan would have to be about the same as what is seen tonight? City Attorney Kallas replied correct. Ron Ruthven replied the location of the bleachers and the amount of seating are the only details that have been provided . City Attorney Kallas stated the applicant is requesting to improve the turf of the field prior to the approval of the detailed site plan. Commissioner Byerly questioned staff regarding if the use of athletic field is for the primary use of school? Ron Ruthven replied correct, school functions only, incidental to the primary use of the school. Commissioner Byerly questioned staff regarding the buffering on the west side would be an 8 foot fence, wood or masonry, 20 foot landscape buffer and the criteria for the landscape buffer to be live plant material of the evergreen variety which is expected to grow 6 feet in height in two years with a minimum of 3 feet in height at the time of installation and planted on 6 foot centers? Ron Ruthven replied correct. Commissioner Byerly questioned staff regarding if that same buffer would apply next to 3709 Wayne Drive as well? Ron Ruthven replied correct, including the 8 foot fence. Commissioner Dudziak questioned facilities, can they be portable permitted? Ron Ruthven replied ordinance. He stated kiosks are portable structure. staff regarding if building concession and will they have to have them any restrictions can be added into the not allowed with no provisions for a Commissioner Phelps stated having issues with approving the request as is. He stated this will lock in the general location of all the facilities including the field. He stated there needs to be consideration of redesigning the site plan, maybe moving the building over or the field at a different angle to accommodate having the field with lighting some City of Colleyville pays g Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 where else that may be less intrusive to the neighbors is precluded by the approval of this as it is. He stated not liking the site plan and stated the lighting almost has to be eliminated. He stated the approval of this locks the field in its current location. He stated if the Commission were to move forward with this request, he would like the lighting to be eliminated at this stage, altogether and let it be considered separately at a future date. Commissioner Knox stated having a problem with the layout of the site. He stated this is not in accordance with the Master Plan. He stated he would like to see some definite items put on the plans that would indicate that they are definitely going to build the buffer fence as per exhibit E in the drawing as well as clear information on the phasing of the project. Commissioner Byerly moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; and limitations on time and use of lights. Motion dies for lack of second. Commissioner Redfearn would like to eliminate the lighting on the athletic field. He stated he would like no lighting approved on the athletic field as opposed to limiting on days and hours. Commissioner Phelps stated to be consistent with his previous statements, he would like to see them come back with some alternatives. He stated there is enough space with the property to be able to move some things around. He stated his motion would be to deny case ZC09-004 and let them come back to the table with something more accommodating. Commissioner Knox seconded. Commissioner Byerly stated he would rather have a motion to table so that the applicant can come forward with some changes until the next meeting. Commissioner Phelps commended the applicant for wanting to make some changes, however, there still needs to be improvement to accommodate the neighbors. He stated he would like to hear from the applicant again to see if changes could be proposed. Commissioner Byerly stated he would like to get a concensus on the light issues from the Commissioners to be able to give the applicant some guidance. He stated the limitation on the use of the lights with regards to day and time would be helpful. City of Colleyville page ~ Punted on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 Commissioner Dudziak stated it would be a great idea for this item to be tabled in order for staff and the applicant to make some changes to the request in order to make better decisions. The motion to deny failed by the following vote: Aye: 2 -Knox, Phelps Nay: 4 -Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Mr. Avery stated they could do away with the lights if the Commission can approve with the elimination of the lights. He stated they would like to keep using the athletic field with the activities only in the day. He stated he would like to keep the bleachers. He stated with regards to the change in the site, there is a tremendous amount of trees on the property that they are trying to keep away from having to put anything near those trees. He stated they are willing to eliminate the lighting. He stated they would like to make the improvements to the field and keep the bleachers. Commissioner Phelps stated with that being said the issues he has are eliminated. He moved to approve case ZC09-004 including the previous motion along with the prohibition of the use of lights on the field . Commissioner Redfearn seconded. Commissioner Knox would like the add the buffer fence per the exhibit E in the 1999 ordinance with brick columns with fencing 20 foot between the columns. City Attorney Kallas replied that fence would be repealed with this ordinance. He stated currently in the draft ordinance for this request they may construct an 8 foot wood or masonry fence. Ron Ruthven stated if the masonry columns are being requested staff could put those requirements in the draft ordinance. Commissioner Knox stated he would like that added to the motion. Commissioner Phelps accepted the amendment. Commissioner Redfearn questioned staff regarding if the Wayne Drive improvements would not need to be included in the draft ordinance? Ron Ruthven concurred. Commissioner Byerly recapped the motion: Commissioner Phelps moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; prohibiting the use of lights on the athletic field and to require the screening fence be an 8 foot fence with 2 feet wide masonry columns every 20 feet. Commissioner Knox seconded. City of Colleyville pays g Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 Commissioner Phelps questioned staff regarding if the fire hydrants will be included as part of Phase I or when would they be included in the construction a nd is that part of the code? Ron Ruthven replied yes, upon Phase I construction as part of the fire code and would be required upon building permits and would not need to be included as part of the motion. Commissioner Rotthaus questioned Fire regarding are there any concerns on behalf regards to accessibility for the fire equipment? applicant has made the fire lane changes requested which will allow fire access to sac buildings will have fire protection systems am approval of the plan. He stated there will bf fire lanes. Marshal Rob McKeown of the Fire Marshal with Rob McKeown stated the the fire department has building. He stated the the fire department is in no parking allowed in the Commissioner Knox questioned staff and the Commission if all are in agreement that the bleachers are not to exceed 5 feet in height? Ron Ruthven replied there are no bleacher details as part of the draft ordinance. He stated the applicant will need to provide the bleacher details along with the detailed site plan for future approval. Commissioner Phelps stated having no objection with the acceptance of the bleachers being 5 rows in height not 5 feet in height. Commissioner Byerly again recapped the motion: Commissioner Phelps moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; prohibiting the use of lights on the athletic field; require the screening fence be an 8 foot fence with 2 feet wide masonry columns every 20 feet and the bleachers be a maximum of 5 rows in height. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 8. ADJOURNMENT The meeting adjourned at 8:35 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 9, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on September 14, 2009. City of Colleyville pays g Printed on 9/75/2009 G-tY of ~~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, July 13, 2009 6:00 p.m. Steve Dalri called the meeting to order at 6:30 p.m. on Monday, July 13, 2009, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Brian Estridge, Ken Llewellyn, Deena Dendy, Rick Paddock and Nancy Coplen, GCISD Liaison ABSENT: Debby Abitz and Vince Rosen STAFF: Monica Walsh, Director of Parks and Recreation, Wanda Drexel, Administrative Secretary, Sissy White, Recreation Supervisor, Chuck Major, Parks Superintendent, Jennifer Fadden, City Manager and Carol Wollin, City Council Call to Order 2. Approval of May 4, 2009 Parks and Recreation Advisory Board Minutes Rick Paddock moved to approve May 4, 2009 Parks and Recreation Advisory Board minutes. Deena Dendy seconded the motion. The vote was unanimous. 3. Introduction of City Manager Monica Walsh, Parks and Recreation Director, introduced Jennifer Fadden, City Manager. 4. Discussion and Consideration of Parks Tomorrow Fund Monica Walsh, Parks and Recreation Director, presented an overview of the Colleyville Tomorrow Fund for Parks. She stated that the total available for Parks Tomorrow Fund is $1,606,091. She explained that earlier in the year staff presented all Tomorrow Fund potential projects as well as scoring criteria to rank the projects to City Council. City Council approved the process and staff went through the process for ranking the projects. A spreadsheet was then passed out to the Parks and Recreation Advisory Board with -the results of the rankings. After discussion, Rick Paddock made a motion to appropriate $650,000 to be placed into consideration for the highest priorities deemed by staff. There wasn't a second so he withdrew his motion. After further discussion, Rick Paddock made a motion to recommend that $650,000 be appropriated out of the Parks Tomorrow Fund for projects that have been prioritized by the Parks and Recreation Staff. Deena Dendy seconded the motion. The motion passed. Parks and Recreation Advisory Board July 13, 2009 Page 2 of 2 5. Recreation, Athletics Tennis and Seniors' Reports Sissy White, Recreation Supervisor, presented a report on the ongoing programs. 6. Park Operations and Capital Improvement Status Reports Monica Walsh, Parks and Recreation Director, presented a status report on current projects. 7. Citizen Comments/Presentations Regarding Items not on the Agenda None 8. Adjournment Brian Estridge moved to adjourn at 8:00 p.m. Ken Llewellyn seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~1 YGZf~.O~L. .J~ ~.1h1__,if_-C_ Wanda H. Drexel, Administrative Assistant G-tY of ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, July 16, 2009 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:35 p.m. on Thursday, July 16, 2009 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Susan Thomason, Wanda Johnson, Molly Skinner and Anne Gifford ABSENT: Dorothy Parker and Michelle Appling STAFF: Renee Garrett, Senior Center Supervisor and Monica Walsh, Parks and Recreation Director Guest: Ed Havran, Mike Patterson and Jimmy Reynolds 1. Call to Order and Roll Call 2. Approval of the May 21, 2009 Senior Center Advisory Committee Minutes Wanda Johnson made a motion to approve the minutes. Molly Skinner seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Wish List The dedication of the flag pole will be held Friday, July 17, 2009. The Lions Club will be present at the dedication. The flag pole will be moved to the completed items on the Wish List. Senior Center Advisory Committee July 16, 2009 Page 2 of 3 4. Discussion and Consideration of Future Sites for Historical Markers Ed Havran from the Colleyville Preservation Committee made a presentation regarding the historical markers that he would like placed at the Senior Center. Also attending the meeting with Ed were Mike Patterson and Jimmy Reynolds. The markers are made of granite and are 6' x 2'. Ed Havran informed the Senior Center Advisory Committee that the markers would be placed at no cost to the City. Monica Sue Walsh, Parks and Recreation Director said that because the markers were valued at over $1,000 the item would need to have approval from City Council. There are two sites for consideration at the Senior Center: Southwest corner of the building On the trail behind building Wanda Johnson made a motion to approve space for the three (3) granite markers to be placed on the Senior Center Trail Loop and to forward this item to City Council for approval. Molly Skinner seconded the motion. The motion carried with a unanimous vote. Monica Sue Walsh, Parks and Recreation Director, said she would send it to City Council for approval. 5. Discussion and Consideration of Senior Center Facility for Rentals The current policy is the Senior Center is not available for rental. 6. Discussion on Items of Interest for Potential Future Action Molly Skinner requested that consideration and discussion of having a Senior Center Advisory Committee meeting every other month be put on the August agenda. 7. Reports -Staff and Committees Monica Walsh, Parks and Recreation Director, reported on the Senior Center trail. Renee Garrett, Senior Center Supervisor, gave an overview of the senior activities and programs. Senior Center Advisory Committee July 16, 2009 Page 3 of 3 6. Citizen comments/presentation regarding items not on the agenda* Ed Havran mentioned that if memorial slabs are installed he would like them completed prior to the Veterans' Day Celebration in November. Also, the Generations Magazine has an incorrect phone number for the Senior Center. 7. Adjournment Susan Thomason moved to adjourn at 2:45 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary Get Y o f ~ IlC~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, August 3, 2009 6:00 p.m. Steve Dalri called the meeting to order at 6:00 p.m. on Monday, August 3, 2009, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Brian Estridge, Rick Paddock, Debby Abitz, Suzanne Hughes and Vince Rosen ABSENT: Ken Llewellyn, Deena Dendy and Nancy Coplen, GCISD Liaison STAFF: Monica Walsh, Director of Parks and Recreation, Wanda Drexel, Administrative Secretary, Sissy White, Recreation Supervisor and Kelly Cooper, Assistant City Manager Call to Order 2. Approval of July 13, 2009 Parks and Recreation Advisory Board Minutes Brian Estridge moved to approve the July 13, 2009 Parks and Recreation Advisory Board minutes. Rick Paddock seconded the motion. The vote was unanimous. 3. Introduction of New Parks and Recreation Advisory Board Member Monica Walsh, Parks and Recreation Director, introduced Suzanne Hughes. 4. Discussion and Consideration of Pleasant Run Trail Opportunities Monica Walsh, Parks and Recreation Director, presented an overview of the trail opportunities concerning the Colleyville Economic Development Capital Improvement Program budget related to the Pleasant Run Trail. There are three (3) sections of the trail that are not completed and there is funding in the proposed Colleyville Economic Development Capital Improvement Program for the Pleasant Run Trail for next year. The sections discussed were: trail between Hardage Lane and L.D. Lockett, trail between Church Street to Bogart and trail between Mission Lane and Church Street. After discussion, Vince Rosen made a motion to recommend that $250,000 be appropriated out of the Colleyville Economic Development Capital Improvement Program budget for the section of trail between Hardage Lane and L.D. Lockett. Brian Estridge seconded the motion. The vote was unanimous. Parks and Recreation Advisory Board August 3, 2009 Page 2 of 2 5. Discussion and Consideration of Fee Structure at Reagan Park for the Baseball/Softball Practice Fields Monica Walsh, Parks and Recreation Director, gave a overview of how Reagan Park athletic fields are reserved. Reagan Park athletic fields are reserved by Colleyville Baseball Association (CBA) and Colleyville Girl's Softball Association (CGSA) during their fall and spring seasons for practices. When the fields are not being used by the YSA, they will be available to anyone to use on a first-come first- serve basis during daylight hours. If someone wants to guarantee that they will have the field, they may reserve it. Staff is recommending the fee for residents be $35 without lights and $50 with lights and non-resident fees be $60 without lights and $100 with lights. This is for a two hour session with the same guidelines in place as reserving practice fields. Colleyville Baseball Association and Colleyville Girl's Softball Association have approved this fee scale. After discussion, Brian Estridge made a motion to accept the staffs recommendations for reserving Reagan Park. Vince Rosen seconded the motion. The motion passed with 5 yeas and 1 nay. 6. Recreation, Athletics Tennis and Seniors' Reports Sissy White, Recreation Supervisor, presented a report on the ongoing programs. 7. Park Operations and Capital Improvement Status Reports Monica Walsh, Parks and Recreation Director, presented a status report on current projects. 8. Citizen Comments/Presentations Regarding Items not on the Agenda None 9. Adjournment Rick Paddock moved to adjourn at 6:58 p.m. Vince Rosen seconded the motion. The vote was unanimous. Respectfully submitted and approved: Wanda Drexel, Administrative Assistant Get Y of ~~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, August 20, 2009 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:35 p.m. on Thursday, July 16, 2009 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Susan Thomason, Wanda Johnson, Molly Skinner and Anne Gifford ABSENT: Dorothy Parker and Michelle Appling STAFF: Renee Garrett, Senior Center Supervisor and Monica Walsh, Parks and Recreation Director Call to Order and Roll Call 2. Approval of the July 16, 2009 Senior Center Advisory Committee Minutes Anne Gifford made a motion to approve the minutes. Molly Skinner seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Wish List Debra Minea reported that the flag pole is completed and the decorations are ongoing. 4. Discussion and Consideration of Future Meetings After discussion, Wanda Johnson made a motion that the Senior Center Advisory Committee meet every other month. Molly Skinner seconded. Wanda Johnson amended the motion to read the Senior Center Advisory Committee will meet every other month beginning in September. Molly Skinner seconded. The motion carried with a unanimous vote. Senior Center Advisory Committee August 20, 2009 Page 2 of 2 5. Discussion on Items of Interest for Potential Future Action None 6. Reports -Staff and Committees Debra Minea reported that the flag pole dedication was a huge success. Colleyville's Honor Guard came in full dress, city officials were present and the Lions Club members were present. Wanda Johnson suggested that lighting be added to the flag pole. She will check with a friend who is an electrician and Renee Garrett, Senior Center Supervisor, will check on prices. The lighting for the flag pole will be added to the Senior Center Wish List. Renee Garrett, Senior Center Supervisor, gave an overview of the senior activities and programs. She announced that the city has a new policy and now she could solicit donations from area merchants for the Senior Center. She announced there would be a Style Show on September 16th and the Health Fair will be October Stn Monica Walsh, Parks and Recreation Director, reported on the Senior Center trail. Renee Garrett, Senior Center Supervisor, reported that Michelle Appling resigned and applications are being accepted for this position as well as positions that expire September 2009. 6. Citizen comments/presentation regarding items not on the agenda* None 7. Adjournment Anne Gifford moved to adjourn at 2:05 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary RESOLUTION R-09-3154 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 7, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor