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Home My WebLink AboutCity Council-Agenda Packets-5/19/2009~~~`~.. ,, ,.,, City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vvww.colleyville.com Tuesday, May 19, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of health insurance renewal and bid process PC-2 Update regarding objections received to changes to the escrow policy for sidewalks as amended by Ordinance 0-09-1712 PC-3 Presentation of the Monthly Financial Report -April 2009 PC-4 Presentation of the Quarterly Investment Report PC-5 Discussion of the May 19, 2009 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 claim - 5517 Oak Top Drive 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 City of Colleyville Page 1 Printed on 5/15/2009 City Council Agenda May 19, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Eric Lee, Compass Christian 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-09-3095 3. RESOLUTION: READING AND PUBLIC HEARING - Resolution R-09-3096 3a R-09-3096 Canvassing the results of the General Election held May 9, 2009 for Councilmembers, Place 5 and Place 6 4. OATH OF OFFICE Administration of the Oath of Office to Councilmembers, Place 5 and Place 6 5. RECEPTION FOR CITY COUNCIL 6. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of National Public Works Week, May 17-23, 2009 - Steve Chutchian, Public Works Director; Kelly Howell, Operations Manager; Ken Tywater, Utility Superintendent; James Watkins, ROAD-E-O Coordinator Presentation - Recognition of the Citizen's Fire Academy Alumni Association Rehab Unit and Colleyville Citizens on Patrol 7. ELECTION OF MAYOR PRO TEM 7a Election of Mayor Pro Tem Cify of Colleyville Page 2 Printed on 5/15/2009 City Council Agenda May 19, 2009 8. CONSENT: READING AND PUBLIC HEARING - Resolution R-09-3097 8a Approval of the minutes of the regular City Council meeting of May 5, 2009 9. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 9a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings 10. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 10a 0-09-1718 Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City 1ob 0-09-1719 Approval of amendments to Chapter 7- Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 11. RESOLUTION(S): READING AND PUBLIC HEARING 11a R-09-3098 Approval of the City of Colleyville's continued participation with the Steering Committee of Cities Served by Oncor, and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities relative to Oncor Electric Delivery 11 b R-09-3099 Acting on the resignation of Councilmember Tony Licata, Place 2 12. TABLED ITEM: READING AND PUBLIC HEARING 12a R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 14. REPORTS: Colleyville Public Library Board Minutes - February 9, 2009 Planning and Zoning Commission Minutes - April 13, 2009 City of Colleyville Page 3 Printed on 5/15/2009 City Council Agenda May 19, 2009 15. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 2009 - Reading and Public Hearing - Resolution R-09-3100 16. ADJOURNMENT: 1 hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 15, 20 , y 5:00 p. • 3~~ Cyn hia 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 5/15/2009 ,,~, ~ ~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 05/19/2009 Requester: Human Resources Agenda No.: PC-1 Department File Name: Discussion of health insurance renewal and bid process Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Discussion of health insurance renewal and bid process Explanation This item provides an opportunity for City Council and staff discussion of the health insurance renewal and bid process. In preparing for the Fiscal Year 2010 budget, staff met with United Healthcare (UHC) to receive the preliminary projected health insurance rate, which UHC estimated as an increase of 20%, or $315,489 for all funds. In consideration of rising costs, staff met with the City's new benefits consultant, Cooper Corporate Solutions (Cooper), to consider several options including plan design changes. This evaluation included a review of the current plan design, group demographics, claim to premium loss ratios and payment by benefit categories. The current health insurance plan includes one plan design, which consists of a $1,500 deductible, 100% coinsurance, $15 office visit copay, and a maximum out-of-pocket deductible of $1,500. This plan is supplemented by a health reimbursement arrangement (HRA) in which the City reimburses an employee for $1,250 of the deductible expense after s/he pays the first $250. The claims analysis is based on 12 months of data from April 2008 through March 2009. The average number of participants in the plan, during this time period, was estimated at 178 employees and 255 dependents. The average claim to premium ratio was approximately 83% and includes several months of large claims such as October 2008 - 96%, December 2008 - 100%, February 2009 - 81 %, and March 2009 - 111 %. Pharmaceutical payments top the list as the highest claim dollar cost for a benefit category followed by outpatient professional services of doctors and hospitals and by payments for specialist visits. The group also experienced six large claims over $30,000 each with the highest at $126,000, for a total large claim cost of $381,000. City of Colleyville Page 1 Printed on 5/14/2009 Agenda Briefing Continued Comparatively, the City's claim to premium ratio was 72% in 2007 and 84% in 2008. United Healthcare's initial renewal offers for those years were 5.5% and 19.4%, respectively. However, the final accepted renewals were negotiated to 0.03% and -1.01 % for the same years. (Although UHC agreed to a 1.01 % decrease in 2008, the City incurred an increase of 7.55% due to the cost of implementing an HRA.) The target claim to premium ratio is approximately 80%. The HRA was implemented in Fiscal Year 2009 as a tool to maintain the employee deductible expense at $250, the lowest of our comparison cities. Staff and the Employee Benefits Committee selected a plan design that increased the actual individual deductible to $1,500; however, the City funded reimbursement of $1,250 of this cost through the HRA. The HRA claims experience as of March 31, 2009, is $35,294, which is a savings of $120,430 when compared to the $155,724 cost of six months of premium expense on the renewal of the FY 2008 plan not selected. Staff anticipates that this year's funding of the HRA, budgeted at 35% of maximum potential exposure, will be sufficient for the remainder of FY 2009 claims. Staff met with the Employee Benefits Committee to discuss how the current benefit plans are performing. Based on the data and significance of the projected rate increase, staff initiated the bid process in May 2009. Staff will work with Cooper to negotiate with United Healthcare and other vendors for an acceptable rate and to analyze possible plan design changes that could further reduce costs. Design changes could include eliminating copays, introducing preventative care coverage of 100%, and adjusting subsidy levels for spouses. Any design changes will be reviewed by the Employee Benefits Committee and the City Manager's Office. Bid proposals will be reviewed in June 2009. Staff anticipates a final presentation with recommendations to City Council in July 2009. As previously stated, the City retained a new benefits consultant, Cooper Corporate Solutions, as of April 24, 2009. Staff made the decision to change consultants due to the additional services offered including actuarial expertise and a funded wellness program. Cooper Corporate Solutions is the insurance brokerage division of the Cooper Aerobics Company. This organization offers the City a way to help control health care costs and improve employee health through the combination of employee benefits consulting and a tailored wellness program. For no additional commission over the current rate, Cooper allocates a percentage of the city-paid commission dollars toward funding a wellness program for the City, an expense previously funded out of the General Fund at $20,000. Beginning in June 2009, Cooper will engage the Employee Wellness Committee to design a program that is appropriate for and appreciated by Colleyville employees. Representatives of Cooper will be present and available to answer questions. City of Colleyville Page 2 Printed on 5/14/2009 '' City Hall f~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 ~~~~~~_ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Community Development Department Agenda Date: 05/19/2009 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Update regarding objections received to changes to the escrow policy for sidewalks as amended by Ordinance 0-09-1712 Attachments: Letter Mailed to Property Owners Ordinance 0-09-1712 Supplemental Sidewalk System Map Colleyville Sidewalk Escrow District Neighborhoods - 2009 New Sidewalk Escrow Policy -Final Staff Recommendations History of Legislative File Version: Date: Acting Body: Action Text: 05/19/2009 City Council Title Update regarding objections received to changes to the escrow policy for sidewalks as amended by Ordinance 0-09-1712 Explanation The purpose of this item is to update the City Council on the status of changes to the sidewalk escrow policy, specifically as they relate to escrowed sidewalk funds that existed prior to approval of the new escrow policy. The changes were approved by the City Council through Ordinance 0-09-1712 on March 3, 2009 and codified in Section 9.12 of the Land Development Code. Section 9.12(F)9 of the of new policy states the following regarding escrow funds: All funds currently escrowed in lieu of sidewalk construction before the effective date of this Ordinance are subject to expenditure under this Ordinance unless a written objection is filed, by the owner of the lot for which the funds are escrowed, with the Director of Community Development within thirty (30) days after notice of this Ordinance is received. Notice of this Ordinance shall be sent to the current owner of the lot for which the funds are escrowed at the address listed in the most recent tax rolls of the City. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the City of the person who purchased the property and provide the City with the address of that person. ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the City of Colleyville Page 1 Printed on 5/15/2009 Agenda Brieirnp Continued circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. iii. This Ordinance shall apply to any and all funds paid into the sidewalk escrow fund in lieu of sidewalk construction after the effective date of this Ordinance. As required by this section, a notice of the changes was sent on March 24, 2009 to 62 current property owners of lots for which funds were escrowed prior to passage of Ordinance 0-09-1712. The total funds escrowed for these properties is $216,795.71. The property owners were given until April 30, 2009, to return their written objections to staff. As of April 30, 2009 a total of 26 responses were received by staff. The total funds escrowed for the 26 respondents is $82,662.67. City staff, including the City Manager, Assistant City Manager, Finance Director, Public Works Director and the Community Development Director, met to review the 26 objections in order to determine whether any escrowed funds should be returned to the property owners. It was determined that refunds should be based upon the Supplemental Sidewalk System Map or any case where a sidewalk exists along a property that also has funds escrowed for sidewalks. The Supplemental Sidewalk System Map essentially contains three recommendations for sidewalks along all City streets: (1) Sidewalk construction is required; (2) Escrow of funds is an option in lieu of construction; and (3) Sidewalk construction is not required. In a case where the property requesting a refund was located along a street where the map recommended that no sidewalks be required, staff recommends that the property should receive a refund as stipulated in Ordinance 0-09-1712. Therefore, staff recommends that, unless directed otherwise by the City Council, a total of 11 property owners be refunded a total of $25,348.32. According to the new escrow policy, staff has until May 30, 2009 to notify the 26 respondents of the final decision. Staff recommends that refund checks be processed and sent to the 11 property owners by the end of May. Respondents that do not receive a refund will have 10 days to file a written appeal with the City Secretary in order to appear before the City Council. Additionally, it is anticipated that a sidewalk escrow balance of $191,447.39 will be available for future construction, within the sidewalk escrow district neighborhoods, at the City Council's discretion. Given the potentially large number of appeals that may be placed upon a future City Council agenda, staff is seeking direction from the City Council regarding how the Council would prefer to consider the appeals. City of Colleyville Page 2 Printed on 5/15/2009 Letter Mailed to Property Owners ~,;~ ~ ~~ Dear Colleyville Property Owner: On Tuesday, March 3, 2009, the City Council voted to amend Chapter 9 -Subdivision Design and Public Facilities in the Land Development Code regarding sidewalks. A copy of Ordinance 0-09-1712 approving the amendments is attached. A major component of the amendments was the addition of a sidewalk escrow policy. Sidewalk monies that are paid into an escrow fund in lieu of construction can now, as a result of the amendments, be spent for construction of new sidewalks adjacent to properties other than the property for which the money was originally escrowed provided that those properties are located within the same neighborhood district. A copy of this map is attached and is available on the web at www:colle~rvlle.com as well. The reason you are being notified is that City records indicate that there are currently funds escrowed for future sidewalk construction adjacent to your property referenced above. The new amendments, codified in Section 9.12(F)9 of the Colleyville Land Development Code, state the following regarding your rights relative to the escrowed funds: "i. All funds currently escrowed in lieu of sidewalk construction before the effective date of this Ordinance are subject to expenditure under this Ordinance unless a written objection is filed, by the owner of the lot for which the funds are escrowed, with the Director of Community Development within thirty (30) days after notice of this Ordinance is received. Notice of this Ordinance shall be sent to the current owner of the lot for which the funds are escrowed at the address listed in the most recent tax rolls of the City. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the City of the person who purchased the property and provide the City with the address of that person. ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district." 100 MAtN Si"R~~T CGI,Ll~YV1Ll.E, TEXAS 76C~3~€ (817) 564-1000 Letter Mailed to Property Owners According to the above regulations, should you desire, you have 30 days from the date you receive this letter to object to the provisions of Ordinance 0-09-1712. Should you wish to object, please send a written response to the following address: City of Colleyville Community Development Department ATTN: Sidewalk Escrows 100 Main Street Colleyville, TX 76034 If you have any questions, please contact one of the following Community Development Department staff members: Ron Ruthven (817)503-1052 ruthvenr aC~ci,_ colleyville.tx.us Justin Bass (817)503-1055 bassj(c~ci.collewille.tx.us Amy Shelley (817}503-1051 shelleYaCc~ci.collewille.tx.us Sincerely, Ron Ruthven, AICP Interim Community Development Director ORDINANCE 0-09-1712 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 9, SUBDIVISION DESIGN AND PUBLIC FACILITIES, SECTIONS 9.12 AND 9.19 AND CHAPTER 14, ENGINEERING DESIGN STANDARDS, SECTION 14.137, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding sidewalk escrow and construction requirements, and cul-de-sac width requirements; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 9, Subdivision Design and Public Facilities, Sections 9.12 and 9.19, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT Chapter 14, Engineering Design Standards, Section 14.137, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "B". Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. ,• Ordinance 0-09-1712 Page 2 of 2 Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the / ~ day of 2009. The second reading and public hearing being conducted on the ~_~ day of 2009. ATTEST• ' Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~~~~ ~' ~, Matthew C. G. Boyle City Attorney Exhibit "A" . '~ A. General Requirement -The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs - As a condition of the approval of a development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision -Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing -Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements -All public improvements shall be constructed within easements or rights- of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. F. Escrow Policy for Sidewalks 1. Request for Escrow Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit, the property owner may petition the City for deposit of an escrowed amount, as established in this Section, in lieu of the required construction of a sidewalk. The Director of Public Works or the Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied, then the applicant may appeal that denial to the Planning and Zoning Commission if a written request for appeal is received by the Director of Public Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, heirs, successors, and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the City pursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of required improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the City, the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the owner's actual proportionate cost and the escrow funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1 %) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the requirement to construct a sidewalk or escrow funds in lieu of construction. The decision of the Planning and Zoning Commission is final. 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 - 2025 Colleyville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds All funds currently escrowed in lieu of sidewalk construction before the effective date of this Ordinance are subject to expenditure under this Ordinance unless a written objection is filed, by the owner of the lot for which the funds are escrowed, with the Director of Community Development within thirty (30) days after notice of this Ordinance is received. Notice of this Ordinance shall be sent to the current owner of the lot for which the funds are escrowed at the address listed in the most recent tax rolls of the City. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the City of the person who purchased the property and provide the City with the address of that person. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty {30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. iii. This Ordinance shall apply to any and all funds paid into the sidewalk escrow fund in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be required to escrow these funds in the amount of $ ,which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. ~ ' • A. General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails System Sidewalks - When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of--way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within agreen-belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Exhibit "B" A. Plan Approval -Plans for fire lanes shall be submitted to the Fire Marshal Division for review and approval prior to construction. Repainting of existing markings does not require plan review unless changes are to be made. B. Obstructions Prohibited -Fire lanes shall be kept clear and unobstructed at all times. Marking shall be repainted as necessary to maintain readability. C. Si na a -Where required by the Fire Marshal, approved signs or other approved notices shall be provided and maintained to identify fire lanes and prohibit obstructions. D. Where Reauired -Fire lanes shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. E. Certain Roadways Not Considered Access -Heavily traveled public roadways are not considered for fire apparatus access due to the dangers involved with operating fire apparatus in close proximity to moving traffic. F. Access to Serve All Buildings -Fire lanes shall be provided to serve all buildings through parking areas to service entrances, loading areas, trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. G. Driveways Included -Fire lanes shall include driveways leading onto a public street. H. Fire Lane Width -Fire lanes shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 14 feet. I. Turning Radius -Fire lanes shall have a minimum inside turning radius of thirty (30) feet and a minimum outside turning radius of fifty (50) feet. J. All-weather Surface Required -Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an asphalt or concrete surface so as to provide all-weather driving capabilities. K. Construction Specifications -Fire lanes shall be constructed of seven (7) inch concrete with #3 rebar on eighteen (18) inch centers on chairs over a modified subgrade as per the Geotechnical Soils Report; or seven (7) inch asphalt over a modified subgrade as per the Geotechnical Soils Report. The construction shall be capable of supporting a minimum of 75,000 pounds gross vehicle weight. L. Maximum Dead-end Length -Dead end fire lanes in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Dead end fire lanes more than 150 feet in length but less than 700 feet in length shall provide one of the following turn- around configurations. Dead end fire lanes in excess of 700 feet in length shall be submitted to the Fire Marshal for review and approval. 24' .~- ~~' TYP. 100` DIAMETER CUL-DE-5AC COMMERCIAL ~4-~-ii- I # ~-!~ ~~~ ~~ T'r`P ~~' ~~a, N:~~~~~M~~a #- BO' -~• .~.. 3Q' R TYP. 31' -T Ott` QIAtv1ET~R cut_-ICE-sAc L'~ESIDEN~`6AL 1'YP ---li- *~- ~d' AGCEi'TAE3LE ALTEl~'NATiVE TC~' 120' HAMMERHEAD ~~ ~ - r~~, ~ ~~~ 470' - ~4'~ -~• ~ c~' 1~CG'EPTl~C~LE, ALTERIUATIVE TQ 120' HF,MMERHEAD Note: In residential subdivisions where a proposed cul-de-sac will include an obstruction within its center, such as a planter or other impassable object, the pavement width shall measure a minimum of 100 feet. M. Fire Lane Striping -Fire lanes shall be marked with a six (6) inch wide continuous bright red stripe on both sides. Striping shall be on the curb face where curbing is located at the edge of fire lanes. White 4 inch high lettering with a one (1) inch stroke centered on red stripe shall read: NO PARKING -FIRE LANE. This lettering shall be painted every (15) feet measured from the end of one lettering group to the beginning of the next group with a one (1) foot space between "No Parking" and "Fire Lane". Red paint shall not be used for any parking lot marking other than fire lanes. Fire lane markings are subject to the field inspection of the Fire Marshal. . ;. .2 ~' • , ~i ~ V o ,~ c ~..~ U :~ -~~~~ ~ .. ~ `W ~~~ ~~r { ~' ~~u:,. T ,. ~' ~ ~-- ;,~~~~ ~.~_ .,~~ ~~~ --- -~. e _ _-. s ~ ~~ ~ _... ~ ~ r Y t - ~ i ,... ~ ' ,.. , ~. -~1 ~ ~f . . rzG~ r~ t r '~ ~ # ~I __ T r F .. t ~. ~.. ~ ~ -r ~ ~ t - ~ ~~ `~ ~ 1 ~ ~=rte' 1~ Y lr- i ~, ~,~ .~ J, ~sY , ~ ~1[1 .- ~ t _._:,..... , ~ y~~...~„ram'' s ~ '} ~~ f ~ O z S +~ ~ (Y ~ ~ ~ ( Q '~ ~ ,., rJ ~# K ~~ rj _"~ 1~ 1 ~ ~ ~~ r 4 ~ ~ ; __ ..~.. _ . ~~ }} (; ~ ~ ~~ ~ S ' / ; ~ `~ ~ Jrr ,_ s = ` ,.~ , ~ 4 ., ~ _ ~~ ~~; b, <<~~ mamma ~ z e ~ & B b ~ o r w~~~a ;~,~.~ a o c o =~ E ((1 ~ ~ :Y. 5 ~ J ~$ ~ R gg9~ 6c .- Si ~ N S (S Q' W z 3 o ~ ~, ~ k O O N 'o ~ o ~ o L O O s ~ ~ _ .~ O Z~ ~ d. ~ ~ ~ M ~ Z p "i ~ O U ~ ~ ~' ~ ~~ ~ ._ z ~ ~ z N ~ ~' U 0 to ~ .~ W ~' -~ L ~ ~ °o ~ ca o -~ N ~ o - ~ -~: o ~ Z . (~ ~ ~ N ,z _ z •~ O V NEW SIDEWALK ESCROW POLICY -FINAL STAFF RECOMMENDATIONS Owner Name Amount Neighborhood ID Number Sidewalk Code Staff Refund Recommendation S rin Gardens 4712 Mannin $10,414.00 $3,360.00 1 3 1 2 NO NO 4600 Stafford Hei hts Lot 9 blk 1 $3,360.00 3 2 NO 5407 Montclair 4801 Stafford $2,368.00 $3,360.00 3 3 1 1 NO NO 4504 Bill Simmons $3,049.00 3 1 NO 6904 Colle ville Blvd Dr. T e $2,730.35 5 1 NO 5616 Bransford $2,640.00 5 1 NO 5008 & 5012 F Ln $3,057.00 5 2 NO 6301 Bettin er Dr $5,440.00 6 1 NO 1801 Prince Meadow $1,960.00 6 1 NO 205 Van Oaks $1,680.00 6 1 NO Chanel Court $8,040.00 6 1 NO Lavaca Trail Estates $5,856.00 6 1 NO 5101 Rose St $4,160.00 3 3 YES 301 Llo d Cir $2,063.18 5 3 YES 7301 Van uard Ct $1,376.00 6 3 YES 7312 Van uard Ct $6,400.00 6 3 YES 7205 Van uard $1,791.00 6 3 YES 7200 Van uard $1,681.00 6 3 YES 7300 Van uard $1,296.00 6 3 YES 7105 Van uard Ct $1,680.00 6 3 YES 7109 Van uard Ct $1,600.00 6 3 YES Ga En asset $1,925.14 6 4 YES 7304 Van uard $1,376.00 6 3 YES Sidewalk Code: 1 =Sidewalk Required 2 =Escrow Option YES TOTAL: $25,348.32 11 Owners 3 =Sidewalks Not Required NO TOTAL: $57,314.35 15 Owners 4 =Sidewalk Already Built TOTAL NET ESCROW: $191,447.39 51 Owners -' `-`''" City Hall ~~ `- ~ ~~~ City of Colleyville 100 Main Street w,,~5 Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 vwuw. co 1 1 eyv i l l e. co m File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-3 Final Action: File Name: Presentation of the Monthly Financial Report -April 2009 Attachments: April 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Presentation of the Monthly Financial Report -April 2009 Explanation General Fund The percentage of current year taxes collected is slightly behind that of April 2008. In December 2008, the City Council adopted a new franchise agreement with Atmos Gas which provided for quarterly payments with the first payment to be received on May 15, 2009. In the past, payments were received annually. Recently, Atmos Gas proposed an amendment to the franchise agreement adopted in December 2008, that would revert the payments back to an annual basis. Atmos Gas sent an annual payment of $374,275 under the prior franchise agreement terms that will be retained due to the anticipated amendment. Sales tax revenue received in April was down $10,286 which is 6.86% under the amount received in April 2008. Two residential building permits were issued in April, as compared to ten issued in April 2008. Permit revenues through April 2009 are $319,000 less than those received through April 2008, and $415,000 less than projected through April 2009. The average amount expended by the General Fund departments at the end of April 2009 is 48.4% of the total appropriation, verses 49.0% which was projected to be spent. Utility Fund Water usage increased as compared to the amount sold through April 2008. All building related revenues (water installation, sewer installation and engineering charges) are down. The average amount expended by the Utility Fund departments at the end of April 2009 is 52.1 % of the total appropriation, verses 52.1 % which was projected to be spent. City of Colleyville Page 1 Printed on 5/13/2009 MONTHLY FINANCIAL REPORT -APRIL 2009 GENERAL FUND FY 2009 REVENUE SOURCE BUDGET Current Taxes $9,616,931 Delinquent Taxes 55,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $9,726,931 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Other Telecomm Providers Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permits TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $887,190 119, 000 340, 000 126,100 51,250 135, 050 192,900 $1,851,490 $2,561,375 87,000 $2,648,375 $864,473 88,987 63,376 98,911 58,247 162,772 3,079 1,400 6, 050 7, 359 15,000 0 $1,369,654 $780,000 45,000 33,600 $858,600 RECEIVED AS OF 4/30/2009 $9,343,912 69,145 39, 027 $9,452, 084 $871,214 124, 579 374,275 62,161 23,295 81,993 160,573 $1,698,090 $982,696 53,298 $1,035,994 $232,843 29,816 18,895 24,091 32,190 26,685 1,513 702 4,234 2,250 7,813 2,938 $383,970 $474,926 33, 850 12, 740 $521,516 PROJECTED AS OF 4/302009 $9,313,523 42,000 32,000 $9,387,523 $873,079 119, 000 340, 000 63, 050 25,625 61,898 96,450 $1,579,102 $997,342 43, 500 $1,040,842 $504,276 51, 909 36,969 57,698 33,977 94,950 1, 796 817 3,529 4,293 8, 750 0 $798 , 965 $455,000 28,000 19,600 $502,600 RECEIVED AS OF 4/30/2008 $8,690,627 45,861 37,308 $8,773,796 $844,989 110, 560 338,969 94,961 31,942 76,814 92,172 $1,590,407 $965,260 61,003 $1, 026, 263 $436,894 46,180 34, 986 40,626 42,997 84,019 1, 041 754 4,495 3,455 7,600 0 $703,047 $533,496 32,950 15,158 $581,604 PERCENT CHANGE 7.52% 50.77% 4.61 7.73% 3.10% 12.68% 10.42% 34.54% 27.07% 6.74% 74.21 6.77% 1.81% -12.63% 0.95% -46.70% -35.44% -45.99% -40.70% -25.13% -68.24% 45.34% -6.90% -5.81 -34.88% 2.80% 100.00% -45.38°l0 -10.98% 2.73% -15.95% -10.33% MONTHLY FINANCIAL REPORT - APRIL 2009 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2009 AS OF AS OF AS OF BUDGET 4/30/2009 4/30/2009 4/3012008 Re-zoning $13,201 $2,562 $7,701 $7,061 Plat Fee/Site Plan 21,038 3,092 12,272 15,815 Board of Adjustment 2,040 625 1,190 875 Sale of Material 3,020 681 1,762 1,209 Weed Mowing 10,000 2,523 5,833 4,760 Animal Impoundment 3,250 1,427 1,896 2,411 Ambulance 250,000 120,258 145,833 142,848 Recreation Program 168,130 74,515 75,000 65,935 Non-Resident Fee Parks 20,050 22,840 20,050 12,030 Field Use Charge 17,700 23,085 17,700 7,715 Engineering & Inspection 100,000 291 58,333 118,531 Chgs & Reimbursements 2,000 0 1,167 3,135 Colleyville Center Rental 230,000 146,689 134,167 155,249 Lot Drainage Insp Fee 25,000 5,125 14,583 12,850 TOTAL CHARGES FOR SERVICE $865,429 $403,713 $497,487 $550,424 DARE Officer Reimb $89,792 $0 $0 $0 'TOTAL INTERGOVERNMENTAL $89,792 $0 $0 $0 Sale of Surplus Property $17,000 $26,105 $17,000 $0 Interest Income 255,000 106,290 106,000 222,892 Miscellaneous 55,000 17,222 16,000 65,018 Use of Available Cash 833,523 0 0 0 Antenna Lease 64,000 35,658 34,000 57,756 TOTAL MISCELLANEOUS $1,224,523 $185,275 $173,000 $345,666 Transferfrom Utility Fd $756,787 $0 $0 $0 TOTAL TRANSFERS $756,787 $0 $0 $0 'TOTAL GENERAL FUND REVENUES $19,391,581 $13,680,642 $13,979,519 $9:3,571,207 MONTHLY FINANCIAL REPORT -APRIL 2009 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 4/30/2009 4/30/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 96.31 % 97.09% -0.78% -0.80% RESIDENTIAL BLDG PERMITS 160 38 88 (50) -56.82% COMMERCIAL BLDG PERMITS 10 2 14 (12) -85.71% PLUMBING/MECHANICAL PERMITS 1,200 634 855 (221) -25.85% ELECTRICAL PERMITS 400 222 293 (71) -24.23% CITATIONS ISSUED 11,000 6,159 8,691 (2,532) -29.13% CITATIONS APPEALED 550 343 336 7 2.08% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 58.33% OF THE BUDGET BUDGET 4/30/2009 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $588,992 $277,029 $274,156 47.0% $311,963 City Manager 589,919 394,088 392,129 66.8% 195,831 Finance 489,945 303,224 303,377 61.9% 186,721 Legal 106,823 113,483 89,475 106.2% (6,660) Engineering 553,500 257,264 257,458 46.5% 296,236 Economic Development 265,724 32,554 45,272 12.3% 233,170 Building Inspection 488,822 254,941 253,892 52.2% 233,881 Community Development 248,480 131,556 131,864 52.9% 116,924 Fire 3,851,923 2,214,917 2,211,564 57.5% 1,637,006 Police 4,285,946 2,324,288 2,334,261 54.2% 1,961,658 Parks 1,593,531 767,032 776,756 48.1% 826,499 Recreation 338,918 162,692 159,090 48.0% 176,226 Streets & Drainage 2,703,322 591,863 701,198 21.9% 2,111,459 Library 723,607 364,436 392,729 50.4% 359,171 Communications 222,531 126,497 130,483 56.8% 96,034 Colleyville Center 385,151 199,461 201,388 51.8% 185,690 Human Resources 231,111 125,356 125,756 54.2% 105,755 Municipal Court 255,870 139,131 139,718 54.4% 116,739 Fleet Maintenance 211,963 118,102 117,381 55.7% 93,861 Building Services 244,691 157,182 141,217 64.2% 87,509 Information Services 451,788 264,695 251,462 58.6% 187,093 Capital Equipment Reserve 135,000 65,587 65,587 48.6% 69,413 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Performance Pay 396,351 0 0 0.0% 396,351 TOTAL EXPENSES $19,371,408 $9,385,378 $9,496,213 48.4% $9,986,030 MONTHLY FINANCIAL REPORT -APRIL 2009 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2009 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 4/30/2009 4/302009 4/30/2008 CHANGE Water Sales $7,341,404 $3,679,672 $3,395,509 $3,200,799 14.96% Sewer Sales 2,264,638 1,514,178 1,321,039 1,326,753 14.13% Sewer Installation 22,900 4,300 13,358 14,690 -70.73% Water Installation 48,000 10,648 28,000 26,830 -60.31% Sewer Tie-on Charges 5,000 6,000 2,917 3,000 100.00% Engineering Charges 35,000 125 20,417 51,507 -99.76% Penalties 168,106 99,170 98,062 101,221 -2.03% Miscellaneous 15,000 9,397 8,750 8,813 6.63% TOTAL OPERATING INCOME $9,900,048 $5,323,490 $4,888,052 $4,733,613 12.46°!° Interest Income $350,000 $85,220 $160,000 $246,121 -65.37% Use of Available Cash 100,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $450,000 $85,220 $160,000 $246,121 -65.37°!0 TOTAL INCOME $10,350,048 $5,408,710 $5,048,052 $4,979,734 8.61% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 4/30/2009 4/30/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,080,903,000 946,569,000 134,334,000 14.19% NUMBER OF WATER CUSTOMERS 8,931 8,814 117 1.33% UTILITY FUND EXPENSES FY 2009 BUDGET Administration $214,836 Billing 576,216 Operations 7,459,221 Debt Service 885,482 Merit Adjustment 48,536 Transfer to Art Fund 7,500 Transferto General Fund 756,787 TOTAL EXPENSES $9,948,578 EXPENDED YEAR-TO-DATE % EXPENDED THROUGH PROJECTED 58.33% OF THE BUDGET 4/30/2009 EXPENSES YEAR COMPLETED REMAINING $115,746 $118,471 53.9% $99,090 251,840 284,916 43.7% 324,376 4,033,026 3,894,774 54.1 % 3,426,195 783,668 783,668 88.5% 101,814 0 0 0.0% 48,536 0 0 0.0% 7,500 0 0 0.0% 756,787 $5,184,280 $5,081,829 52.1% $4,764,298 ''- City Hall ll T~ ,!~`~`- -` ~ City of Colleyville 100 Main Street .,~ ~~~ Colleyville, Texas 76034 ~~~~~~= Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-4 Final Action: File Name: Presentation of the Quarterly Investment Report Attachments: Quarterly Investment Report History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Presentation of the Quarterly Investment Report Explanation During the period of January 1, 2009 through March 31, 2009, the City of Colleyville had an average of $38,212,411 invested on a daily basis, which earned $157,031, with an average yield of 1.67%. The average yield on investments for this quarter is down from the prior quarter's average of 2.43%. As of March 31, 2009, the City had $41,427,894 invested in the LOGIC Investment Pool and various debt instruments in the following percentages: LOGIC Investment Pool 60.55% FHLB Notes 21.53% Treasury Notes 7.36% FHLB Discount Notes 4.83% FNMA Note 3.32% FFCB Note 2.41 These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on March 31, 2009 was $16,513,858 as compared to a purchase price of $16,510,724 (this excludes LOGIC Investment Pool). The Colleyville Economic Development Corporation currently holds a Treasury Bill ($550,000) with a market value of $549,819 and a purchase price of $538,624. Additionally, $1,363,388 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $5,893 for the quarter. This report was presented to the Audit Committee on May 5, 2009. City of Colleyville Page 1 Printed on 5/13/2009 QUARTERLY INVESTMENT REPORT OUTSTANDING INVESTMENTS AT MARCH 31, 2009 PURCHASE PAR MARKET VALUE MATURITY YIELD ON PRICE VALUE @ 3/31/09 DATE INVESTMENT FHLB NOTE $1,597,792 $1,600,000 $1,600,000 4/3/2009 2.350% FFCB NOTE $1,010,800 $1,000,000 $1,001,250 4115/2009 2.325% FHLB NOTE $1,049,179 $1,050,000 $1,053,287 5/2812009 2.580% TREASURY NOTE $563,664 $550,000 $556,298 6/30/2009 2.347% FNMA NOTE $1,404,382 $1,375,000 $1,393,054 7/1312009 3.040% FHLB NOTE $1,219,297 $1,185,000 $1,202,408 8/14/2009 2.500% TREASURY NOTE $1,351,797 $1,300,000 $1,327,521 8/1512009 2.391°/u FHLB DISCOUNT $968,325 $1,000,000 $998,500 912312009 3.272% FHLB DISCOUNT $970,750 $1,000,000 $998,200 10/212009 3.110% FHLB NOTE $1,122,103 $1,115,000 $1,130,331 10/5/2009 3.100% TREASURY NOTE $1,232,472 $1,200,000 $1,218,840 10/1512009 1.590% FHLB NOTE $943,563 $92D,000 $945,880 12/11/2009 3.050% FHLB NOTE $850,000 $850,000 $852,661 9/2/2010 1.400% FHLB NOTE $1,198,800 $1,200,000 $1,207,500 10/15/2010 3.552% FHLB NOTE $1,027,800 $1,000,000 $1,028,130 12/10/2010 1.453% TOTAL OUTSTANDING INVESTMENTS $16,510,724 $16,345,000 $16,513,858 CITY OF COLLEYVILLE BALANCES AT MARCH 31, 2009 INVESTMENT PURCHASES $16,345,000 LOGIC INVESTMENT POOL $25,082,894 TOTAL CITY INVESTMENTS HELD AT MARCH 31, 2009 $41,427,894 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT MARCH 31, 2009 INVESTMENT PURCHASES $538,624 LOGIC INVESTMENT POOL $1,363,388 TOTAL CEDC INVESTMENTS HELD AT MARCH 31, 2009 $1,902,012 AL INVESTMENTS HELD BY CITY OF COLLEYVILLE i COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT MARCH 31, 2009 $43,329,906 O O O V O N N O O N O O O Lf) ~ O 117 aO O O O O ~ N to ~ W N O ~ M O ~ W ~ V: ~ o W ° ~ ~ ~ ~ ~ ~ ~ ¢ ~ ~ ~ g a Y o ~ v Z ~, ~, v, ~ «~ z z z v , ~ , , z ~ ~ a o c~ ~ LL ~ ~ ° W ~ M N Q Q Q Q Q Q Q Q Q Q Q Q Q Q O ~ = Q Q 2 Q Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ Z ~ Z ~' ~ Q' LL O ~ pp O M O O O O O O O M _ O O ~ OD O ~ O ~ N GO N M M 1 O N ~ O N OD ~ N ~ ~ ~ ~ ~ oD M M O M n CO ~ a0 a0 n O a0 N N O M I- O N O O ~ M O N M ~ ~ C O O O O O N O ~ O Y ? N Q N (D O O r- M fA fA Q 69 ffl ~p Z d9 EA ER V3 d9 EA di Z ~ ~ ~ Q Q M E+9 > /~1~~ / V ~ ~ W ¢ V Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z O ~ ~ 00 ~ ~ O ~i ~ a 0 0 W ~ H ~ W O d Q Z 0 o N ~ Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z O o ~ ~ Q Z Q Z Q Z Q Z Q Z 0 0 ~ ~ H W Q W Q > O ~ ~ o ~ N ~ ~ 00 M O N EA O N M c0 N N ER ~ O ~ n O CO t!i o cD O O) O O 69 o eD O to O 69 M M V O ~ ~ 69 M N to eD O ~t fA n O) O to V M !A a N ~ N (D ~ fR o M M n ~ O EA 0 N ~ O ~ EA 0 O O to O O EA o O ~ ~ O O H3 m ~ n ~ N EA Q Z Q Z ~ O ~ M '~ ~p ~ ~ `` a V Q d W ~ J Q ~ O O O to W ~ ffl O O O O ~ N 69 O O O O O N V3 O O O O O CO EH O O O O O O Efl O O O O ~ O EA O O O ~ ~ FA O O O In n M EA O O O O O M V3 O O O O O ~ O O O O N ~ O O O O O ~ O O O O O O d9 O O O O O O fA O O O O O N ER O O O O O O fA O O O O to ~ W ~ 2 Q U d' U ~ ~ n O N ~ N EA O N M Cn0 N fA N n et M N fA N O I~ O ~ ER O oO O O EA O n V O tf3 M O N fR N a0 M O ~ fA fD O r M fA ~ O (O M ~ ~ M O ~ M ~ ~ O n GO O ~' ~ ~ N M O ~ ~ O to n O ~ ~ O O 00 OD O ~_ fA O O 00 n O _ ff) O O O O ~ ~ d } F- ~ ~ F ~ W ~ Q ~ O O O N ~ r a0 m O O N M M M O O N lf') e- O m O O N M V O O O N to `- V' O O O N W N ~ O O O N ~ O O O O N ~ 1~ O O O N ~ W O O O N M O O O O N r ~ O O O N N N 61 O O N N ~ O O O N N Or O O N ~ O O O N O ~ O O N N_ O W (q Q U Q' ~ W Q ~ a0 o O N r N oD O O N N N a0 o O N M M a0 o O N_ ~ ~ aO O O N O ~ a0 o O N M ~ a0 O O N_ ~ CO c0 o O N N (D 00 0 O N M (O a0 o O N M CO a0 O O N ~ ap oD O O N N 00 aO o O N N W a0 O O N ~'- O 00 o O N ~ O O> o O N ~ N O) O O N N M a w ~ F- cn w ~ Z ~ O Z m 2 LL O } ~ ~ ~ ~ ~ O } ~ ~ ~ ~ F- rW- O z m 2 LL ~ O Z U LL LL iw- O Z m 2 LL H O z m 2 LL ~' Z ~ Z LL z ~ > u> ~ Q' H z ~ > cn ~ ~ H E- Z m 2 LL ~ Z m S LL ~ ~ O m 2 LL ~ ~ O m 2 LL H Z m 2 LL ~ Z m 2 LL ~ Z m 2 LL ~ ~ O F- INTEREST EARNINGS ON CITY OF COLLEYVILLE INVESTMENTS JANUARY 1 -MARCH 31, 2009 PURCHASE PAR MATURITY YIELD ON INTEREST PRICE VALUE DATE INVESTMENT EARNED FHLB NOTE $499,870 $500,000 2/28/2009 2.700% $2,145 TREASURY NOTE $1,276,328 $1,240,000 3/31/2009 1.760% $5,381 FHLB NOTE $1,597,792 $1,600,000 4/3/2009 2.350% $9,271 FFCB NOTE $1,010,800 $1,000,000 4/15!2009 2.325% $5,733 FHLB NOTE $1,049,179 $1,050,000 5/28/2009 2.580% $6,680 TREASURY NOTE $563,664 $550,000 6/30/2008 2.347% $3,183 FNMA NOTE $1,404,382 $1,375,000 7/13/2009 3.040% $10,307 FHLB NOTE $1,219,297 $1,185,000 8/14/2009 2.500% $7,305 TREASURY NOTE $1,351,797 $1,300,000 8/15/2009 2.391% $7,664 FHLB DISCOUNT $968,325 $1,000,000 9/23/2009 3.272% $8,068 FHLB DISCOUNT $970,750 $1,000,000 10/2/2009 3.110% $7,668 FHLB NOTE $1,122,103 $1,115,000 10/5/2009 3.100% $8,523 TREASURY NOTE $1,232,472 $1,200,000 10/15/2009 1.590% $4,705 FHLB NOTE $943,563 $920,000 12/11/2009 3.050% $6,919 FHLB NOTE $850,000 $850,000 9/2/2010 1.400% $978 FHLB NOTE $1,198,800 $1,200,000 10/15/2010 3.552% $10,510 FHLB NOTE $1,027,800 $1,200,000 12/10/2010 1.453% $2,340 TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 1-1-09 THROUGH 3-31-09 $107,380 LISTING OF INVESTMENTS BY GENERAL LEDGER ACCOUNT NUMBER OUTSTANDING INVESTMENTS AT 3-31-09 ACCOUNT ALLOCATION OF INVESTMENT INVESTMENT GIL TOTAL 001-1172 GENERAL FUND OPERATING $6,861,932.35 002-1166 UTILITY DEBT SERVICE RESERVE $831,958.96 002-1169 98 REVENUE BONDS $620,224.10 002-1172 UTILITY FUND OPERATING $2,234,269.44 002-1178 CUSTOMER DEPOSITS $395,555.00 002-1557 THE RESERVE LIFT STATION $61,505.33 003-1173 SERVICE AREA I -IMP FEES $198,178.96 003-1180 BEDFORD BRIDGE ESCROW $35,948.57 003-1188 TOWN CENTERIHWY26 $35,114.52 003-1192 MCDONWELL WOODS EST ESCROW $10,629.42 003-1200 LONGWOOD-PARKING ESCROW $13,475.93 003-1203 SERVICE AREA II -IMP FEES $174,094.22 003-1204 BEDFORD LAKES/SOMERSET $229,612.71 003-1228 PLEASANT RUN HARDAGE ESTATESIESC $46,812.04 003-1229 GLADE RD SUMMERBROOK $57,426.34 003-1231 LAKEWOOD ESCROW $26,290.79 003-1236 E. GLADE CRANBROOK ESCROW $118,638.55 003-1237 E. GLADE ASHMORE I ESCROW $52,912.68 003-1239 GLADE POINTS LANDSCAPE ESCROW $4,804.37 003-1247 GLADE/WAYSIDE ESCROW $42,724.11 003-1250 REATTA PLACE $95,177.25 003-1257 ASHMORE II A GLADE RD ESCROW $28,298.79 003-1268 MILL CREEK/ GLADE ESCROW $30,787.46 003-1271 ASHMORE III/ GLADE ESCROW $65,486.94 003-1278 GLADE RD/ASHMORE IIB ESCROW $36,248.32 003-1301 LAKEWOOD PH IV $76,784.45 003-1304 VILLAS DEL MAR $58,311.70 003-1307 SPRING GARDEN $92,973.88 003-1313 APPLEBEE'S $44,164.21 003-1319 REMINGTON PARK $167,823.10 003-1323 SHALIMAR $70,190.94 003-1325 PECAN GARDENS $32,425.83 003-1330 REMINGTON PARK $81,160.32 003-1357 CITGO/LD LOCKETT $57,216.54 003-1360 REMINGTON PARK PH III $79,333.60 003-1392 CLAIRMONT-PHI $103,919.92 003-1404 TANGLEWOOD $26,298.48 003-1418 CLAIRMONT-PH II $145,635.20 003-1551 LA VACA TRAIL $50,489.76 005-1172 VOLUNTARY PARK FUND $374,653.43 011-1172 LIBRARY DONATIONS FUND $353,041.87 012-1172 PARK LAND DEDICATION FUND 51,519,142.10 017-1172 DRAINAGE FUND OPERATING $226,732.15 024-1172 CEDC OPERATING $538,624.13 026-1172 TIF OPERATING $642,319.64 PER GENERAL LEDGER $17,049,348.40 VALUE AT MATURITY $16,895,000.00 INTEREST RECEIVED AT MATURITY $544,637.67 OUTSTANDING INVESTMENTS AT 3-31-09 INVESTMENT FHLB NOTE TREASURY NOTE FHLB NOTE FFCB NOTE DATE ACQUIRED 12-Feb-08 31-Mar-OB 05-May-08 08-May-0B MATURITY DATE 14-Aug-09 15-Qbt-09 03-Apr-09 15-Apr-09 26 WEEK T-BILL AUCTION DISCOUNTANEEK OF PURCHASE 2.250% 1.550% 1.740% 1.740% yiFln7n MATURITY 2.500% 1.590% 2.350% 2.325% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADEANAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEKI GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1551 LA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING 161,362.66 909,687.55 52,912.68 800,000.00 106,246.19 162,646.62 358,918.75 131,811.90 475,250.46 1,505.33 1,672.38 176,630.79 PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY 28,298.79 30,787.46 36,248.32 13,475.93 229,612.71 26,290.79 118,638.55 42,724.11 35,114.52 10,629.42 174,094.22 4,804.37 95,177.25 58,311.70 44,164.21 70,190.94 57,216.54 79,333.60 26,298.48 32,212.44 125,000.00 382,889.80 $1,219,297.46 $1,232,472.00 $1,597,792.00 $1,010,800.00 $1,185,000.00 $1,200,000.00 $1,600,000.00 $1,000,000.00 $44,949.41 $29,936.84 $34,279.11 $21,963.89 OUTSTANDING INVESTMENTS AT 3-31-09 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNTNVEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTERIHWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADENVAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK! GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPIEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1551 LA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026.1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY FHLB FHLB NOTE NOTE 30-May-08 10-Jun-08 28-May-09 05-Oct-09 1.920 % 1.997 2.580 % 3.100% 82,656.18 1,122,102.55 707,092.88 259,429.84 $1,049,178.90 $1,050,000.00 $26,810.56 $1,122,102.55 $1,115,000.00 $46,012.17 FMNA NOTE 25-Jun-08 13-Jul-09 2.350 3.040 60,000.00 TREASURY NOTE 30-Jun-08 15-Aug-09 2.255 2.391 188,703.97 620,224.10 10,426.65 365,932.39 57,426.34 65,486.94 103,919.92 50,489.76 100,000.00 43,596.49 1,089,972.70 $1,404,382.38 $1,375,000.00 $46,129.82 $1,351,796.88 $1,300,000.00 $36,060.26 OUTSTANDING INVESTMENTS AT 3-31-09 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNTNVEEK OF PURCHASE YIELD TO MATURITY TREASURY NOTE 30-Jun-0B 30-Jun-09 2.255 % 2.347% TREASURY BILL 30Jun-08 04-Jun-09 2.255% 2.262% FHLB NOTE 04-Aug-08 11-Dec-09 1.900 % 3.050% FHLB DISCOUNT 26-Sep-OB 23-Sep-09 1.790% 3.272% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 648,460.96 002-1166 UTILITY DEBT SERVICE RESERVE 15,241.43 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 29,622.61 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 19,875.79 003-1180 BEDFORD BRIDGE ESCROW 35,948.57 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 46,812.04 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003.1247 GLADEM/AYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE LIB ESCROW 003-1301 LAKEWOOD PH IV 76,764.45 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 92,973.88 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 167,823.10 003-1323 SHALIMAR 003-1325 PECAN GARDENS 32,425.83 003-1330 REMINGTON PARK 81,160.32 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 145,635.20 003-1551 lA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 199,653.43 175,000.00 011-1172 LIBRARY DONATIONS FUND 109,445.38 100,000.00 012-1172 PARK LAND DEDICATION FUND 80,447.43 346,721.97 017-1172 DRAINAGE FUND OPERATING 69,519.71 024-1172 CEDC OPERATING 538,624.13 026-1172 TIF OPERATING PER GENERAL LEDGER $563,664.06 $538,624.13 $943,563.04 $968,325.00 VALUE AT MATURITY $550,000.00 $550,000.00 $920,000.00 $1,000,000.00 INTEREST RECEI VED AT MATURITY $13,148.44 $11,375.87 $42,962.98 $31,675.00 OUTSTANDING INVESTMENTS AT 3-31-09 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNTIWEEK OF PURCHASE YIFLD Tn MATURITY FHLB FHLB FHLB FHLB DISCOUNT NOTE NOTE NOTE 15-Oct-OS 15-Oct-OB 12-Feb-09 02-Mar-09 02-Oct-09 15-Oct-10 10-Dec-10 02-Sep-10 1.100 % 1.100% 0.495% 0.440 3.110 % 3.552 % 1.453 % 1.400 ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 IAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1551 LA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY 970,750.00 1,198,800.00 1,027,800.00 850,000.00 $970,750.00 $1,198,800.00 $1,027,800.00 $850,000.00 $1,000,000.00 $1,200,000.00 $1,000,000.00 $850,000.00 $29,250.00 $85,200.00 $27,033.33 $17,850.00 LOGIC INVESTMENT POOL ALLOCATION AND GENERAL INFORMATION LOCAL GOVERNMENT INVESTMENT COOPERATIVE / "LOGIC" ACCOUNT ALLOCATION AT MARCH 31, 2009 ACCT # DESCRIPTION BALANCE GENERAL FUND 001.1115 GENERAL OPERATING $6,150,492.49 UTILITY FUND 002.1115 UTILITY OPNS $2,516,816.89 002.1116 IMPACT FEES WATER $17,323.00 002.1130 UTILITY INTEREST & SINKING FUND $774,104.11 002.1294 IMPACT FEES SEWER $350,904.17 CAPITAL PROJECTS FUND 003.1113 IMPACT FEES/SA I $144,016.99 003.1396 2002 CERTIFICATES OF OBLIGATION $46,933.28 003.1508 STREET RESURFACING $409,038.44 003.1509 MICRO-RESURFACING $151,495.72 DEBT SERVICE FUND 004.1115 DEBT SERVICE OPERATING $991,302.51 DRAINAGE FUND 017.1115 DRAINAGE OPERATING $429,510.09 017.1159 DRAINAGE INT & SINKING FUND $138,047.16 017.1380 2001 DRAINAGE BONDS $253,893.62 TIF FUND 026.1115 TIF OPERATING $3,650,901.70 026.1363 2001 TIF BONDS $136,419.92 CCCPD FUND 027.1115 CCCPD OPERATING $732,027.03 027.1147 99 POLICE/COURT BLDG FUND $65,204.39 SALES TAX INCENTIVE AGREEMENT FUND 031.1115 SALES TAX INCENTIVE AGREEMENT OPERATING $1,193,261.46 CAPITAL EQUIPMENT REPLACEMENT FUND 032.1115 CAPITAL EQUIPMENT REPLACEMENT FUND $494,886.02 COLLEYVILLE TOMORROW FUND 034.1115 COLLEYVILLE TOMORROW FUND $3,455,763.41 PARKS TOMORROW FUND 035.1115 PARKS TOMORROW FUND $2,761,674.97 TOTAL LOGI C POOL BALANCE $24,864,217.37 LOGIC As of March. 31, 2009 Current Invested Balance $2,816,845,167.88 1eighted Average Maturity (1)* 42 Days Weighted Average Maturity (2)" 58 Days Net Asset' Value 1.000519 Total Number of Participants 399 Management Fee on Invested Balance 0.0875% Interest Distributed $.2,111,452.52, Management Fee Collected $204,877..86 ofi Portfolio Invested Beyond 1 Year 1.43°{0 .Standard & Poor's Current Rating AAAm Marche Averages: Average Invested Balance $2,756,833,772.43 Average Monthly Yield, on a-simple basis 0.815E]% .Average Weighted Average Maturity (1 j* 48 bays Average Weighted Average Maturity (2)* 63 Days •Definitian of Weighted Average Maturity (1) & (l) (1} This weighted average maturity calculation uses the SEC Rule 2a-7 definition.. forstated maturity for any floating rate instrument held in the portfolio to determine the weightetl average maturity for the pool. This Rule specifies that a variable rate instrument to be paid in 397 calendar days or less shall.. be deemed'to have a maturity equal to the period remaining until the next .readjustment of the interest rate. (2) This weighted average maturity calculation uses the final maturity of any floating rate instruments held in the portfolio to calculate-the weighted average maturity for the pool: Rates reflect historical information and.. are not an indication of future,perfarmance. New Participant We would like to welcome the following entities who joined the LOGIC program in March: y1r Rockwall County ,1r Irving Flood Control District Sec III Holiday Reminder Please note that in observance of the Good Friday holiday, LOGIC will be closed on Friday, April 10, 2009. All ACH transactions initiated on Thursday, April 9th will settle on Monday, April 13th. This is one of the unusual dates when banks are open but markets are closed. Please plan accordingly to meet your liquidity needs. LOGIC Newsletter March 2009 The U.S. economy is now going through the steepest two-quarter decline in real GDP in more than 50 years. The Fed's targeted measures have apparently managed to stem further tightening in credit though conditions still remain very tight. Any potential for recovery must remain tentative until there is some reversal of heightened business caution. Of this, there is no evidence so far: the pullback in business investment remains intense and labor markets are in free fall. All that said, three developments provide confidence that the most intense phase of economic weakness has passed. First, March did mark the third consecutive gain in the ISM manufacturing index from December's low of 32.9. While the gains have been very modest, the ISM, once it turns, generally has trended in the same direction historically. Second, and most importantly, consumer spending is on track for approximately a 1 % gain in the first quarter after declines averaging -4% in the third and fourth quarters of 2008. To be sure, this has benefited from temporary factors such as earlier declines in gas prices and elevated tax refunds owing in part to capital losses. However, additional temporary benefit from the enacted stimulus package will support consumer spending going forward. If indeed consumer spending has stabilized, it is a critical development: in all past recessions, the consumer has led labor markets and business investment. Third, intriguingly, the housing sector may have finally found a bottom, aided by unusually low mortgage rates. Existing, new and pending home sales were all up in February, spurred in part by record high affordability and slightly better credit. Single-family housing permits, a reliable indicator of turning points, also surged 16.1% month-on-month in February. Stimulus is key to any recovery. On monetary policy, the efficacy of the Fed's focus on both balance sheet expansion and change in the composition of the balance sheet toward risk assets will determine how quickly financial conditions can ease. Fiscal stimulus is also critical. The package enacted is quite front- loaded, and it is expected to boost second and third quarter growth. The combination of fiscal stimulus, reduced inventory cutbacks, reduced drag from housing, and slightly easier financial conditions should gradually restore growth into positive territory in the second half of 2009 after a large contraction in the first half of the year. However, only tepid below-trend growth is expected, low enough that the unemployment rate will keep rising. This information is an excerpt from an economic report dated March 2009 provided to LOGIC by JP Morgan Asset Management. Inc., the investment manager of the LOGIC pool. P or tfo/ io by T ype of /nv es tm ent As of Ma rc h 3 1, 200 9 8 to 30 days 22.68% ~~ to 90 days 24.70% to 180 days 11.35% Di stribu tion o f Pa rtic ipan ts by T ype As of Marc h 31 , 2 009 Commercial Paper 63.: Agencies 16.95% Repurchase Agreements 19.72% Por tfo/ io i by As o M f M atu arc r t h 3 y 1, 2009 Other 5.01 School Dist 40.85% Higher Education 2.76% County 11.03% alth Care 1.76% Historical Program Information Average Book Market Net Number of Month Rate Value Value Asset Value WAM (1)"` WAM (2)* Participants Mar 09 0.8150% $ 2,866,845,167.88 $ 2,868,335,261.78 1.000519 48 63 399 Feb 09 0.9218% 2,770,274,863.89 2,771,258,100.47 1.000331 48 59 397 Jan 09 1.2949% 2,607,448,758.26 2,608,887,018.27 1.000525 43 59 396 Dec 08 1.9482% 2,020,016,178.64 2,022,893,475.12 1.001380 49 71 396 Nov 08 2.1998% 1,765,294,651.20 1,766,214,274.71 1.000520 38 68 395 Oct 08 2.5915% 1,625,272,627.28 1,625,758,410.05 1.000185 39 75 392 Sep 08 2.6931% 1,842,768,859.42 1,841,395,940.75 0.999254 37 75 390 Aug 08 2.5795% 1,694,895,892.95 1,694,463,300.94 0.999684 41 76 390 Jul 08 2.5562% 1,968,322,569.65 1,968,063,025.42 0.999868 43 70 388 Jun 08 2.5390% 1,768,188,130.30 1,767,820,751.22 0.999792 45 68 387 May 08 2.5557% 1,808,683,438.47 1,808,946,922.73 1.000093 49 76 386 Apr 08 2.7531% 1,675,291,965.81 1,675,019,473.24 0.999837 42 68 386 Mar 08 3.1871% 1,778,824,386.38 1,779,062,369.97 1.000133 32 57 384 Portfolio Asset Summary as of March 31, 2009 Book Value Market Value Uninvested Balance $ 593.08 $ 593.08 Accrual of Interest Income 268,205.44 268,205.44- Interest and Management Fees Payable (2,075,913.01) (2,075,913.01) .Payable for Investment Purchased 0.00 0.00 Repurchase Agreements 565,812,000.00 565,812,000.00 - Commercial Paper 1,816,625,727.06 1,817,009,188.40 Government Securities 486,214,555.31 487,321,187.87 Total $ 2,866,845,167.88 $ 2,868,335,261.78 Market value of collateral supporting the Repurchase Agreements is at least 102 % of the Book Value. The portfolio is managed by J.P. Morgan Chase & Co. and the assets are safekepl in a separate custodial account at the Federal Reserve Bank in fhe name of LOGIC. The only source of payment to the Participants are the assets of LOGIC. There is no secondary source of payment for the pool such as insurance or guarantee. Should you require a copy of the portfolio, please contact LOGIC Participant Services. Utility District City Q 77% 28.82% 1 to 7 days 181+ days 36.91 % 4.36% 1.70 1.60 1.50 1.40 1.30 1.20 1.10 1.00 0.90 0.80 0.70 0.60 0.50 0.40 0.30 0.20 0.10 0.00 O°~ O°~ O°~ 00 O°~ 00 O°~ O°~ O°~ O°~ O°~ O°~ 00 O°~ 00 00 00 O°~ ate, ~~ ~,~ ~~ ~,~ ~~ ~,° ~.~ ~,° e~ ~.o ~.o a~ a~ ~~ ~c ~~ at h'~ o~~ h'~ o'~ h'~ ^'~ h`~ o~ h`~ o~ ~~ o`~ h~ o`S ~`S o`S ~`S '~`S ~~ ti ti~ ~~ ti ti ti ^~ ti ti 3 90 Day T-Bill Rate LOGIC Rate This material is for information purposes only. This information does not represent an offer to buy or sell a security. The above rate information is obtained from sources that are believed to be reliable; however, its accuracy or completeness may be subject to change. The LOGIC management fee may be waived in full or in pan at the discretion of the LOGIC co-administrators and the LOGIC rate for the period shown reflects waiver of fees. This table represents investment performancelretum to the customer, net IN fees, and is not an indication of future performance. An investment in the security is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although the issuer seeks to preserve the value d an investment at 51.00 per share, it is possible to lose money by investing in the security. Information about these and other program details are in the fund's Information Statement which should be read carefully before investing. The yield on the 90-Day Treasury Bill ("T•Bill Yield") is shown for comparative purposes only. When comparing the investment returns of the LOGIC pool to the T-Bill Yield, you should know that the LOGIC pool consist of allocations of specific diversified securities as detailed in the respective Information Statements. The T-Bill Yield is taken from Bloomberg Finance L. P. and represents the daily Dosing yield on the then curcent 90-day T-Bill. Daily Summary for March 2009 Date Mny Mkt Fund Equiv. [SEC Std.] Daily Allocation Factor LOGIC Invested Balance Market Value Per Share WAM Days (1)* WAM Days (2)" 1-Mar-09 0.8930% 0.0000244660 2,770,274,863.89 1.000331 48 59 2-Mar-09 0.8918% 0.0000244330 2,771,470,627.32 1.000383 49 60 3-Mar-09 0.8866% 0.0000242910 2,769,667,206.67 1.000378 49 60 4-Mar-09 0.8904% 0.0000243950 2,718,464,488.42 1.000365 49 60 5-Mar-09 0.8711% 0.0000238660 2,720,009,290.29 1.000352 48 59 6-Mar-09 0.8526% 0.0000233580 2,742,945,229.49 1.000347 45 56 7-Mar-09 0.8526% 0.0000233580 2,742,945,229.49 1.000347 45 56 8-Mar-09 0.$526% 0.0000233580 2,742,945,229.49 1.000347 45 56 9-Mar-09 0.8304% 0.0000227500 2,726,560,825.20 1.000367 45 56 10-Mar-09 0.8302% 0.0000227450 2,745,052,102.71 1.000364 44 55 11-Mar-09 0.8334% 0.0000228340 2,738,334,911.95 1.000373 51 61 12-Mar-09 0.8311% 0.0000227700 2,699,832,533.44 1.000400 52 70 13-Mar-09 0.8237% 0.0000225660 2,680,932,624.93 1.000339 52 70 14-Mar-09 0.8237% 0.0000225660 2,680,932,624.93 1.000339 52 70 15-Mar-09 0.8237% 0.0000225660 2,680,932,624.93 1.000339 52 70 16-Mar-09 0.8237% 0.0000225680 2,684,417,077.28 1.000432 52 70 17-Mar-09 0.8163% 0.0000223650 2,684,267,102.79 1.000429 53 71 18-Mar-09 0.8130% 0.0000222730 2,690,483,270.72 1.000429 52 70 19-Mar-09 0.8016% 0.0000219630 2,714,721,445.49 1.000533 52 70 20-Mar-09 0.8034% 0.0000220120 2,709,209,165.14 1.000484 50 67 21-Mar-09 0.8034% 0.0000220120 2,709,209,165.14 1.000484 50 67 22-Mar-09 0.8034% 0.0000220120 2,709,209,165.14 1.000484 50 67 23-Mar-09 0.7870% 0.0000215620 2,719,768,654.78 1.000529 49 66 24-Mar-09 0.7646% 0.0000209470 2,807,109,323.29 1.000529 47 64 25-Mar-09 0.7441% 0.0000203850 2,842,986,783.52 1.000520 45 62 26-Mar-09 0.7373% 0.0000201990 2,880,850,721.12 1.000518 44 61 27-Mar-09 0.7561% 0.0000207160 2,875,290,904.56 1.000479 43 60 28-Mar-09 0.7561% 0.0000207160 2,875,290,904.56 1.000479 43 60 29-Mar-09 0.7561% 0.0000207160 2,875,290,904.56 1.000479 43 60 30-Mar-09 7407% 0 0.0000202940 2,885,596,776.14 1.000518 42 59 31-Mar-09 . 0.7701% 0.0000210990 2,866,845,167.88 1.000519_ 42 58 Average 0.8150% 0.000022328 2,756,833,772.43 48 63 LOGIC versus 90-Day Treasury Bill IOZSL Xl `sT'Ilpa 008 atinS'taaatS Ined 'tS 4~oN SZ£ •aul 'tuauaa~eueW tassel tsan~ytnoS tsar o/a saalnaaS tued!~!taed ~I~OI Philip G. Roberson Fred L. Werner Judd R. Sanderson Sandra Swinnea Lt3GIC Board Members Arlington ISD City of Grapevine. North Texas Municipal Water District Tarrant Regional Water District ~IJO'I Board President Board Vice President Board Treasurer /Investment Officer Board Member For more information contact LOGIC Participant Services yk 1-800-895-6442 ik www.logic.org First SouthwestAsset Mana ement ~~JPMorganChase ~) 9 " "' City Hall f'7`~`' ~` nl~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the May 19, 2009 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Discussion of the May 19, 2009 regular agenda items City of Colleyville Page 1 Printed on 5/13/2009 ,„ City Hall ~~ City of Colleyville 100 Main Street .~ Colleyville, Texas 76034 ~~~~~~" Agenda Briefing 817.503.1000 vvww. co 1 1 eyv i l l e. co m File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 05/19/2009 Agenda No.: 1 File Name: Executive Session -Legal -May 19, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 05/19/2009 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 claim - 5517 Oak Top Drive 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 City of Colleyville Page 1 Printed on 5/14/2009 RESOLUTION R-09-3095 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 19, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ,_,. _,., .____ :. City of Colleyville 100 Mlain Street { (~ Colleyville, Texas 76034 r..:,- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3096 File Number: R-09-3096 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3a Final Action: Secretary File Name: Canvassing the results of the General Election held May 9, 2009 for Councilmembers, Place 5 and Place 6 Attachments: Resolution R-09-3096.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Canvassing the results of the General Election held May 9, 2009 for Councilmembers, Place 5 and Place 6 Explanation Reading and Public Hearing This Resolution provides for the City Council to canvass the results of the May 9, 2009, General Election for Councilmembers, Place 5 and Place 6, in accordance with Texas Election Code Section 67.004. City of Colleyville Page 1 Printed on 5/13/2009 RESOLUTION R-09-3096 A RESOLUTION CANVASSING THE MAY 9, 2009, GENERAL ELECTION FOR COUNCILMEMBERS, PLACE 5 AND PLACE 6 WHEREAS, a General Election was duly held in the City of Colleyville, Texas, on the 9th day of May 2009, for the purpose of electing Councilmembers to Place 5 and Place 6; and WHEREAS, the City Council is required to meet and canvass the votes cast in such election in accordance with the Texas Election Code, Section 67.004; and, WHEREAS, such canvass shows the following results: PLACE 5 Tom Hart 1,117 PLACE 6 Carmen A. Thayer 157 Chris Parshall 633 Mike Taylor 867 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That after examining said returns and canvassing the votes cast in said election as shown above, the canvass 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 ~,\ City Hall o~~~~,~+,r J City of Colleyville 100 Main Street ' ` ~r r Colleyville, Texas 76034 `~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Oath of Office Status: Oath of Office Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4 Final Action: Secretary File Name: Administration of the Oath of Office to Councilmembers, Place 5 and Place 6 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Administration of the Oath of Office to Councilmembers, Place 5 and Place 6 Explanation City Secretary Cynthia Singleton will administer the Oath of Office to Councilmembers, Place 5 and Place 6. ---_ City of Colleyville Page 1 Printed on 5/15/2009 ~, City Hall ~~1 ~~ City of Colleyville 100 Main Street ~:S,F Colleyville, Texas 76034 r.:,~ Agenda Briefing 817.503.1000 www.colleyvil le.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 6 Final Action: Secretary File Name: Announcements and Presentations -May 19, 2009 Attachments: Proclamation in recognition of Public Works Week May 17-23, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of National Public Works Week, May 17-23, 2009 - Steve Chutchian, Public Works Director; Kelly Howell, Operations Manager; Ken Tywater, Utility Superintendent; James Watkins, ROAD-E-O Coordinator Presentation -Recognition of the Citizen's Fire Academy Alumni Association Rehab Unit and Colleyville Citizens on Patrol City of Colleyville Page 1 Printed on 5/14/2009 ~ocY~cmc~.tionc CITY OF Colleyville, Texas WHEREAS: The American Public Works Association has announced, "Revitalize, Reinvest, Renew" as the theme of the 2009 National Public Works Week recognition campaign; and WHEREAS, Public Works services provided in the City of Colleyville are an integral part of our citizen's everyday lives; and WHEREAS, the support and understanding of an informed citizenry is vital to the efficient operation of public works systems and programs such as water, wastewater, streets, drainage and fleet maintenance; and WHEREAS, the health, safety and comfort of all citizens of Colleyville greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction are vitally dependent upon the efforts and skills of public works employees; and WHEREAS, the employees of the City of Colleyville Public Works Department are educated, trained and committed professionals. NOW, THEREFORE, I DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim the week of May 17 - 23, 2009, as: PUBLIC WORKS WEEK in the City of Colleyville, and call upon all citizens to recognize the contributions our public works employees make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 19th day of May 2009. Ali. Mayor Git of 7~zas City Hall `~~d~~,h;~l-~i~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Election of Mayor Pro Tem Status: Election of Mayor Pro Tem Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 7a Final Action: Secretary File Name: Election of Mayor Pro Tem Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Election of Mayor Pro Tem Explanation This item is provided in accordance with the City of Colleyville Charter, Section 3.06, for the purpose of electing from among the City Council, a Mayor Pro Tem, who shall serve for the term of one (1) year. City of Colleyville Page 1 Printed on 5/15/2009 RESOLUTION R-09-3097 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 19, 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 May 5, 2009 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor ~~. City of Colleyville '' ~~°~~~`~ City Council Minutes -Draft ,:,,.,~ City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vvww.colleyvil le.com Tuesday, May 5, 2009 5:30 PM CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 5, 2009, at 5:41 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Accountant Karen Hines, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of possible amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs Planner Justin Bass provided an overview of the proposed amendments to Chapter 7 - Sign Regulations of the Land Development Code regarding electronic signs and answered questions of the City Council. PC-2 Presentation of the Monthly Financial Report -March 2009 Finance Director Terry Leake presented the March 2009 Financial Report and answered questions of the City Council. PC-3 Presentation of the mid-year Fiscal Year 2009 budget update Finance Director Terry Leake presented the mid-year Fiscal Year 2009 update and stated due to the change in terms of the Atmos Gas Franchise agreement, the gas franchise payment will be received quarterly and answered questions of the City Council. City of Colleyville Page 1 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 PC-4 Discussion of the May 5, 2009 regular agenda items Mayor Kelly provided information regarding Consent Item 4g related to the reallocation of funds to the Colleyville Economic Development Fund and the Utility Fund. City Manager Jennifer Fadden stated Agenda Item 6a is the first mass gathering request under the new ordinance and requested Community Development Manager Ron Ruthven to review the regulations for mass gatherings and provide information regarding the proposed event. Ms. Heather Parker, Development and Communications Director, The Blue Shoe Project, spoke regarding signage for the event. There was general discussion regarding the type and number of signs. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:14 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 5, 2009, at 6:14 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Colleyville Center Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Accountant Karen Hines, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville City of Colleyville Page 2 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -City owned remnant parcels (former water well sites) Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:15 p.m. and reconvened at 7:32 p.m. INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle Mayor Kelly reviewed the process for City Council's consideration of resolutions and ordinances and for speaking before the City Council. 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3090 Mayor Kelly read Resolution R-09-3090 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-09-3090. Councilmember Taylor seconded the motion. City of Colleyville Page 3 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly expressed appreciation to Mr. David Bagwell for the donation of trees to Bransford Elementary and students and to the City of Colleyville City Park. Mayor Kelly announced the Keep Colleyville Beautiful and Clean Sweep and Live Green City Festival event on May 16, 2009. Keep Colleyville Beautiful volunteers will pick up trash across the City. Citzens may dispose of bulk trash, household hazardous waste and shred documents 8:00 a.m. to 11:00 a.m. in the south parking lot of City Hall and attend the Live Green Festival at McPherson Park, 11:00 a.m. to 1:00 p.m. Mayor Kelly invited citizens to attend a free concert with entertainment by the King Creole Band on May 21, 2009, at 6:30p.m. at the Colleyville Center. Mayor Kelly presented a Proclamation to Carol Wollin, President, Colleyville Garden Club and members Kathleen Sorrell and Suzanne Hughes in recognition of the Colleyville Garden Club's 16th Promenade Garden Tour. Ms. Wollin expressed appreciation to the City for sponsorship of the event and to Communications Manager Mona Gandy and Parks and Recreation Director Monica Walsh for assistance with the event. Ms. Sorrell spoke regarding the community organizations that are supported by the Colleyville Garden Club Promenade Tour fundraiser. Mayor Kelly presented a Proclamation to Keep Colleyville Beautiful Chairpersons John and Charna Gray, in recognition of the Keep America Beautiful Great American Cleanup and Arbor Day in Colleyville. Mrs. Gray expressed appreciation to the City and the Colleyville Garden Club for making Colleyville a beautiful City. Mayor Kelly presented a Proclamation to Building Official Bill Elliott, Building Inspector Gary Jenkins, Permit Clerk Sammie Bolling and Code Enforcement Officer Ky Roby in recognition of Building Safety Week. Mr. Elliott expressed appreciation to the Mayor and City Council for the recognition. City of Colleyville Page 4 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 Mayor Kelly presented the 2008 Building Officials of Texas award to Building Official Bill Elliott. Mayor Kelly presented a Proclamation in recognition of Public Service Recognition Week and recognized Fire Marshal Rob McKeown, Billing Supervisor Theresa Fox, Operations Manager Kelly Howell and Police Lieutenant Rodney Cunningham for years of service with the City. City Manager Jennifer Fadden commended City employees for service to the community. Mayor Kelly stated the City of Colleyville has the best employees in the area. Mayor Kelly presented the Mayor's 2009 Community Service Award to Mr. Don Davis in honor of his dedication to the community as a member of the Colleyville Lions Club and the Lone Star Corvette Club, and as a board member of SCORE, United Way and Boy Scouts of America, and as a reserve Police Officer for the Colleyville Police Department. A tree will be planted in honor of Mr. Davis, on May 16, 2009, at McPherson Park. Mr. Davis expressed appreciation for the award and stated it is a pleasure to serve the community. Ms. Joyce Dunkerley of FM Global presented a grant, in the amount of $2,000.00, to the Colleyville Fire Department Fire Prevention Clown Program. Fire Marshal Rob McKeown expressed appreciation to Ms. Dunkerley and FM Global for the grant and to Deputy Emergency Management Coordinator Andrea Renegar for writing the grant. Mayor Kelly recognized Colleyville Fire Department personnel for deployment during the North Texas wildfires. Interim Fire Chief Russell Shelley reported the Colleyville Fire Department deployed Battalion Chief Mark Cantrell, Lieutenant James Bransford, Firefighter Daniel Torti, Firefighter Michael Stephens, Firefighter Terry Wisdon and Lieutenant Kirt Mays to assist during the North Texas wildfires April 9-11, 2009. Mayor Kelly, on behalf of residents and the City Council, expressed appreciation to the fire department personnel for their service. City of Colleyville Page 5 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3091 4a Approval of the minutes of the regular City Council meeting of April 14, 2009 4b Approval of the minutes of the regular City Council meeting of April 7, 2009 4c Approval of the minutes of the regular City Council meeting of March 24, 2009 4d Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 4e Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 4f Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 4g Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail 4h Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract 4i Approval of a contract with I-Stream for direct deposit of ambulance billing revenues, and authorizing the City Manager to execute the contract Mayor Kelly read Resolution R-09-3091 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3091. Councilmember Hall seconded the motion. City of Colleyville Page 6 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Mayor Kelly read the caption of Ordinance 0-09-1716. City Manager Jennifer Fadden stated this item was placed on the agenda in accordance with Section 5 of the City of Colleyville Charter under citizen initiative. The requisite number of signatures was submitted under the petition to the City of Colleyville on April 21, 2009, and in accordance with the City Charter, the City Secretary certified the requisite number of signatures. Mayor Kelly opened the public hearing. Mr. Chris Whitaker, 7204 Marantha, stated the initiative is about freight, better traffic in Colleyville and improving the quality of life in Colleyville and spoke regarding the rail plan as proposed by the RTC, the petition process, the reason for submission of the petition and the goal of the ordinance. Mr. Jim Moore, 1416 Glade Road, stated he has no knowledge of plans for a rail station in Colleyville and spoke regarding the rights of citizens and future City Council authority. Mr. Burdette Warner, 1621 Heathermore, did not wish to speak but registered support of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers reviewed the process for submission of a citizen petition and the action and authority of City Council related to the petition. City Attorney Matthew Boyle stated, Section 6.02 of the Charter says that once submitted by petition, the draft legislation must be considered for approval without alteration as to meaning or effect. City of Colleyville Page 7 Printed on 5/74/2009 City Council City Council Minutes -Draft May 5, 2009 City Attorney Matthew Boyle confirmed the City Council must accept the petition and legislation as submitted and City Council must approve the proposed ordinance or if the City Council does not approve the ordinance, the issue must go to the citizens for a vote at the next election. Mayor Pro Tem Ayers asked the City Attorney if most legislation presented to City Council for consideration has been reviewed by the City Attorney and staff to determine if it meets all legal requirements. The City Attorney responded, "Yes'. Mayor Pro Tem Ayers asked the City Attorney if the proposed ordinance was reviewed and the City Attorney said it was not. Mayor Pro Tem Ayers asked the City Attorney if he believes that provisions of the proposed ordinance are enforceable under federal or state laws? City Attorney Matthew Boyle stated, "I believe there are mulitiple provisions of the proposed ordinance whose enforceability would prove problematic." Mayor Pro Tem Ayers spoke regarding a provision in the Interstate Commerce Commission Termination Act, which is known as ICCTA., regarding rail activity. City Attorney Matthew Boyle stated that the provision puts the general ability to regulate the operation and construction of rail within the United States within the sole purvue of an arm of the federal government and prohibits municipalities from enacting legislation that would affect the ability of a rail company to operate its rail system. The City Attorney stated the Dallas Area Rapid Transit, with a partial interest in the Fort Worth and Western Railroad owns the rail system and the City does not maintain any ownership of the railroad. He further stated the City's jurisdiction ends at the DART right-of-way and the City does not have any jurisdiction over the operation of rail traffic through the City. The City Attorney confirmed the draft ordinance would be prohibitive under the federal pre-emption provision of the United States Constitution, as well as the Interstate Commerce Commission Termination Act. City Attorney Matthew Boyle stated that the precedent would prove the enforceability of the draft ordinance an impossibility. The two provisions that stand out as being the most problematic are Section 2 and Section 4 City of Colleyville Page 8 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 of the proposed ordinance and the City Council cannot exclude those sections based on the limitations of the Charter. Mayor Pro Tem Jon Ayers asked if this item was on the ballot in November and the ctizens were unanimous in their decision to enact this piece of legislation, would it have any effect? The City Attorney stated it would not affect the otherwise challenges and difficulties with the ordinance's enforceability. Mayor Pro Tem Ayers asked if the City can make DART install overpasses or lower the rail bed. The City Attorney stated, absent a mutual agreement of parties, it could not be accomplished by ordinance. Mayor Pro Tem Ayers stated the City Council is faced with a situation to vote on a piece of legislation that is unenforceable or to fund an election, that if approved by a citizen vote, would prove a nullity. The City Attorney stated the primary action provisions of the ordinance would be a nullity. Mayor Pro Tem Ayers asked the City Attorney if the City Council has taken any vote that approved the idea of a rail stop in the City of Colleyville or has the City Attorney been asked to craft any piece of legislation that says there is going to be a railstop in Colleyville? The City Attorney responded, "No". The City Attorney stated, "On this ordinance that is before you, it is set for a first reading this evening, so it is set for a second reading two weeks from tonight. If two weeks from tonight, the City Council took no action, City Council would face a difficulty, because Council would have the potential of being out of conformance with City Council's obligations and duties under the Charter." Mayor Pro Tem Ayers stated even though the City Council may think this piece of particular legislation is ineffective; even though we think it is perhaps illegal; even if we think perhaps it inquires, requires and imposes duties on the rail system that City Council does not have the power to enforce, the City Council is still faced with the prospect of having to put this ordinance to a citizen vote. The City Attorney stated based on the City Charter requirements and City of Colleyville Page 9 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 limitations for a petition oriented initiative, that is correct, and an election will cost between $8,500.00 and $12,000.00. The City Attorney stated based on the bulk of the action provisions, the ordinance would be null and void based on an assessment and understanding of federal law and the case law interpreting it. Mayor Kelly asked what authority would future City Councils have to change the ordinance. The City Attorney stated, "Section 6.09 of the City Charter states that no ordinance or resolution, which may have been passed by the City Council upon petition or as a result of a popular vote under the provisions of this article, shall be repealed or amended for a period of five (5) years thereafter." The City Attorney stated the City Charter has a general savings provision that says if particular sections of the ordinance were kicked out by the Court, that the decision by the Court would be binding and effective against the City. There was general discussion regarding the outcome for municipalties if they try to legislate beyond their sphere of authority, ensuring the railroad operates in accordance with regulations and the City's relationship with the rail authorities. Councilmember Taylor ask the City Attorney if the home rule authority stops at the easement. The City Attorney stated the City has no regulatory authority relative to the operation, construction or maintenance of the rail going through Colleyville and the City can only obtain quad gates, sound walls and quiet zones by mutual agreement between the City and the rail authorities. Councilmember Wollin stated opposition to a rail station in Colleyville and spoke regarding the unenforceability of the proposed ordinance. Councilmember Hall spoke regarding the unenforceability of the proposed ordinance and regarding the benefit of an election. Councilmember Hart stated there is not a location in Colleyville to support a rail station and the cost of a rail station is prohibitive. Mayor Kelly stated opposition to using General Funds for a rail station City of Colleyville Page 10 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 and spoke regarding the protection of property values, sound mitigation and quad gates if the rail expands. Councilmember Taylor commended the Rail Committee for their work and stated the City did not plan for a rail station, space is an issue and property values must be protected. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3092 Approval of a request from the Blue Shoe Project for a Mass Gathering Event to be held on June 13, 2009 in the Village at Colleyville, Case 0009-006 Mayor Kelly read Resolution R-09-3092 in its entirety. Community Development Manager Ron Ruthven provided information regarding the proposed Blue Shoe Blues Festival and the mass gathering regulations and proposed waivers. Mayor Kelly opened the public hearing. Ms. Heather Parker, Development and Communications Director, The Blue Shoe Project, provided information regarding the festival activities, promotion of the event and number of attendees. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3092. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Mayor Kelly read Resolution R-09-3093 in its entirety. City Manager Jennifer Fadden stated this item was placed on the City of Colleyville Page 11 Prinfed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 agenda in accordance with Section 5 of the City of Colleyville Charter under citizen initiative. The requisite number of signatures was submitted under the petition to the City of Colleyville on April 21, 2009, and in accordance with the City Charter, the City Secretary certified the requisite number of signatures. Mayor Kelly opened the public hearing. Mr. Chris Whitaker, 7204 Marantha, expressed appreciation to Mayor Pro Tem Ayers for the summary of points, stated the resolution is the more important of the ordinance and resolution and spoke regarding traffic concerns, sound mitigation, freight traffic, electric lines versus diesel lines and communications with DEIS. Mr. Burdette Warner, 1621 Heathermore, did not wish to speak but registered support of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers asked the City Attorney if the same questions were asked about Resolution R-09-3093 that were asked about Ordinance 0-09-1716, would the answers be the same. City Attorney Matthew Boyle stated, "Yes, the material issues remain the same." Mayor Pro Tem Ayers stated the resolution does not attempt to force DART or any other entity to do anything. It is a resolution urging the entities to act a certain way. Mayor Pro Tem Ayers stated there is another issue with this resolution because it deals with rescinding another resolution that was passed February 3, 2009. We are faced with the concept that we as a Council, because this is a citizen petition, are left with very little or no perogative to change the resolution. In other words, if the City Council votes to accept it tonight, we have to accept it exactly as it is. City Attorney Matthew Boyle stated that is correct as a general rule. The only very narrow and limited window as an alternative would be to the extent you could better discern the opinion of the person filing the petition per Section 6.02 of the City Charter. Mayor Pro Tem Ayers stated, if City Council gets into the subjective interpretation for the person filing the petition, then the City Council is faced with the issue as to whether or not the people that actually adhered their signatures to the petition, accepted it that way or not. Short of basically making changes to this resolution and resubmitting it to -- City of Colleyville Page 12 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 the approximately 600 to 700 citizens for a review, we do not know whether they would sign it or not. Mayor Pro Tem Ayers stated the resolution that seeks to be rescinded is Resolution R-09-3065 and stated this resolution provides that Tarrant County could not levy taxes unless it went to the citizens for a vote, so before any of these items could be levied, it would have to voted on by the citizens of Tarrant County. Mayor Pro Tem Ayers further stated, Resolution R-09-3065 is not the same number in the piece of legislation that is before the City Council tonight. The resolution that is being considered tonight is Resolution 30R0695. If the City Council were to approve this piece of legislation as it is written tonight, the City Council would be rescinding a Resoluiton that does not exist. There is no such resolution. If it were to be submitted to the voters in November as is, we would be funding an election at a cost of $8,500.00 to $12,000.00 and asking residents to vote to rescind a resolution that does not exist. There was general discussion regarding the content and purpose of Resolution R-09-3065. Mayor Pro Tem Ayers moved to table Resolution R-09-3092, and requested the petitioner to talk with the City Attorney regarding other options. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes -March 19, 2009 Planning and Zoning Commission Minutes -March 23, 2009 There was no discussion of this item. City of Colleyville Page 13 Printed on 5/14/2009 City Council City Council Minutes -Draft May 5, 2009 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 5, 2009 - Reading and Public Hearing -Resolution R-09-3094 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:30 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2009. City of Colleyville Page 14 Printed on 5/14/2009 Date: i`1y'i, ~ ~ ~~d ~ SPEAKER CARD I will speak In Support of this item. v I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item N tuber: ~ Ordinance/Resolution Num er: Name: ~~ l `]`~ > ~ICfG~~ Address: ~~ Q ~ //r ~~~(c~~rs~~~ City: 1 ~ State: Zip Code: Telephone Number: ~i ~ ~ ~~ S ~ ~ ~2epresenting: S ~' / (organizationlse117 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the T as Open Mee s Law, Chapter 551 of the Texas Local Government Code. Si ned: /~~'~~ ~~~/I 9 This information is a Public Record. Date: ~ - I `7 - ~ / SPEAKER CARD ~' I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ~~ Ordinanc /Resolution Number: ~~ '1 ~~ Name: ~ ~~ r'~5 ~~~h, ~a ~.~ Address: l~,(U~ /i'I`.~'G ncT ~~ L~~ car T 1 City: ~ (~ ~v~ ~~~ State: ~~_ Zip Code: ~ ~3 Telephone Number:`~3a~' ~ Representing: (organizatio I 1 understand 1 am limited to speaking for five minutes. For business not accordance with tfle ; the agenda as a Public Hearing, City Council will not respond in ~n Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Mfr ~ ~ 1.~,~`l~l is information is a Public Record. ,,,,_ ((jj ~~ ~{~ City of Colleyville 100 Main Street `s~3.` Colleyville, Texas 76034 ~~~~~; Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1716 File Number: 0-09-1716 Version: 1 Requester: Office of the City Secretary File Type: Ordinance Agenda Date: 05/05/2009 Agenda No.: 9a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker.pdf Ordinance 0-09-1716.pdf Ordinance 0-09-1716B.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council 05/19/2009 City Council Title Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Explanation Second Reading and Public Hearing During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen registered support of the proposed ordinance. Mr. Chris Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted an additional ordinance to the City Attorney. The additional ordinance is included for City Council consideration, as well as the original ordinance. Correspondence between the City Attorney and Mr. Whitaker regarding the additional ordinance is attached. First Reading and Public Hearing On April 21, 2009, a citizen petition for an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. City of Colleyville Page 1 Printed on 5/14/2009 Agenda Briefing Continued (0-09-1716) At the next regular City Council meeting after the filing of such a petition, the person pen`orming the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 2 Printed on 5/14/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. ,c_,~_ C thia gleton, City Secret y ' 02 '~ 2 DO 9 Seal ( ) Dat of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda Ma 12, 2009 9:45 AM To: ~~~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, Suite 108 Irving, Texas 75062 (972) 650-7104 Office (972) 650-7105 Facsimile From: SPAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ~: ,~ - ,w ", ORDINANCE 0-09-1716 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORD IN AN C E________ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is underground and shall also consist of construction of overpasses for the three road crossings at for Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716 Page 5 of 5 The first reading and public hearing being conducted on the 5t" day of May 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ORDINANCE 0-09-1716B AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE_________ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT, to the extent the City of Colleyville has any right or authority to require it, while not increasing taxes and not implementing new taxes to fund this reconstruction and not expending City of Colleyville funds in this reconstruction, the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is below surface level, whether open or a tunnel, and shall also consist of construction of overpasses for the three road crossings at Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716B Page 5 of 5 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney } ~~~ { ~ f~ City of Colleyville 100 Main Street ~,` Colleyville, Texas 76034 r..,= Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1718 File Number: 0-09-1718 Version: 1 Requester: Office of the City Manager File Type: Ordinance Agenda Date: 05/19/2009 Agenda No.: 10a Final Action: File Name: Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City Attachments: Ordinance 0-09-1718.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/19/2009 City Council Title Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City Explanation First Reading and Public Hearing On December 2, 2008, City Council approved Ordinance 0-08-1701 granting a 15-year franchise to Atmos Energy Corporation, and its successors and assigns to furnish and supply gas to the general public in the City of Colleyville. In negotiating the franchise, Atmos suggested the payment terms be changed from the City receiving an annual payment to receiving quarterly payments. This change was incorporated into the franchise and approved in Ordinance 0-08-1701. However, due to accounting and audit policies, the City will not be able to retain and/or defer the funds within the fiscal year when paid quarterly. Staff discussed the accounting challenges with Atmos Energy and Atmos has agreed to amend the ordinance, with City Council approval, to return to annual payments. Approval of this ordinance amends only Section 19, Payments. Financial Impact It has been determined that receipt of annual to project annual revenues and retain the Ordinance 0-08-1701 approved a 1 % franch this fiscal year, Fiscal Year 2009. Recommendation Approval payments from Atmos Energy will allow staff funds within the fiscal year. Additionally, ~e fee increase which Atmos will pay within Status: First Reading Controlling Body: City Council City of Colleyville Page 1 Printed on 5/14/2009 ORDINANCE 0-09-1718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING ORDINANCE 0-08-1701, THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT DATE, BASIS PERIOD, AND PRIVILEGE PERIOD; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION WHEREAS, the City of Colleyville City Council ("City") approved Ordinance 0-08-1701, a franchise agreement with Atmos Energy Corporation ("Atmos Energy") wherein payments would take place on a quarterly basis following the privilege and basis quarter; and WHEREAS, the City desires to amend said Ordinance to provide for a different payment date, annual basis period, and annual privilege period. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT subsection 19(A) of Ordinance 0-08-1701 is hereby deleted in its entirety and the following is substituted therefore: "Sec. 19. Payments to the City (A) In consideration of the privilege and license granted by City to Company to use and occupy the public rights-of-way in the City for the conduct of its business, Company, its successors and assigns, agrees to pay and City agrees to accept such franchise fees in the amount and manner described herein. Except as provided for in subsection (B) of this section, such payments shall be made on an annual basis, on or before the 1st day of April, 2009, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 1st day of April, 2023 for the privilege period of calendar year 2023. The franchise fee shall be a sum of money that shall be equivalent to five percent (5%) of the gross revenues, as defined in the definition section of this franchise, received by Company during the preceding calendar year." Sec. 2. THAT in all respects, except as specifically and expressly amended herein, Ordinance 0-08-1701 shall remain in full force and effect according to its terms until said Ordinance terminates as provided therein. This amendment will not result in any loss of revenue to the City. Ordinance 0-09-1718 Page 2 of 2 Sec. 3. THAT Atmos Energy shall file with the City Secretary its written acceptance of this amendment within sixty (60) days after its final passage and approval by City. If Atmos Energy does not file such written acceptance of this amendment, it shall be rendered null and void. Sec. 4. THAT this Ordinance shall not be recorded in length in the minutes of the City Council, but shall be filed for permanent record in the Office of the City Secretary. Sec. 5. THAT if Atmos Energy accepts this ordinance, it becomes effective as of April 1, 2009. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney ~ City Hall City of Colleyville 100 Main Street "`~ Colleyville, Texas 76034 ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1719 File Number: 0-09-1719 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/19/2009 Agenda No.: 10b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Attachments: Location of Existing Electronic Signs Area City Electronic Message Sign Survey Proposed Amendments to Sign Regulations Ordinance 0-09-1719 History of Legislative File Version: Date: Acting Body: Action Text: 05/19/2009 City Council Title Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Explanation First Reading and Public Hearing The item was presented to the City Council as a Pre Council item on May 5, 2009. Based on discussion of the proposed amendments, staff has drafted the final proposed changes to the electronic sign regulations for City Council consideration. In October 2007, City Council directed the Sign Board of Appeals (SBA) to examine the electronic sign regulations located within Chapter 7, Sign Regulations of the Land Development Code. At the SBA meeting held in December 2007, the Board made the following recommendations with regard to the existing electronic sign regulations: 1. Increase the message change frequency to once every 24 hours from once every five minutes. 2. Create a time and temperature sign change interval to once every 3 seconds. There is currently no interval requirement. In December 2008, City Council approved, by resolution, an appeal to an SBA decision regarding the operation of an electronic sign. The approved action allowed the owner to change sign messages at a minimum of once every 10 seconds. The Land Development Code currently requires a five minute minimum. City of Colleyville Page 1 Printed on 5/13/2009 Agenda Briefing Continued (0-09-1719) Based on comments received at the May 5, 2009 Pre Council meeting, staff proposes the following changes to the current electronic sign regulations: Section 7-130 General Conditions Applicable to All Signs would be revised to read as follows: "K. Electronic Message Signs Along State Highways: Electronic signs placed along state highways shall be allowed to change messages at a minimum of once every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121." Section 7-215 Prohibited Signs would also be amended to reflect the above changes to the electronic sign policy, if approved by City Council. Staff recommends that subsection (H) read as follows: "H. Moving and Flashin_ Sq igns - No person shall erect or allow to be displayed upon premises owned or controlled, any illuminated, animated, moving or flashing sign. Exception: Except where provided by Section 7-130 K of this chapter, only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign." In addition to the draft ordinance, the proposed amendments to the electronic sign regulations are also attached with "mark-ups". Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 5/13/2009 t V~ c w ~ ~ z • - -a ~ a '~' c ~ p ~_ T~' J ~~ U_ ., ~ ~ Q ~C "~ ~ O ~~ ~ Q '~'++ ~ O J ~ ~~~111 ~'~ ~ V ~ - ~ IV //~W~` . ~ I' ~xlF ~ ~ W LL V S ~. ~ W ~ _ '~ °' v~ _ ~ N ^~ ~. /~ OQ' W ~ ~ .~~ .. ~ ~ 0 m .~ U O. y /' r ~1 ~ C= s w '~ m ~ ~ -V c c ~ a~ c ~~ L v a w- ~~ N L ~d m - ~ ~ O m ~- a~i \~ .F ~ v- ~~ LL ~ J ~ N ~ o ~ ~~~ ~~ L ~ J fA ~ N1 ~ • N O ~ d ~. o C t .y o ~ 'U O ~ m ~ U w ~ .~ O •L w w 2 Y C m d C .Q U Area City Electronic Message Sign Survey -October 2007 ~iectronia Message Speciffc Message Sign. Type ,Flashing or Scrolling Change Tirne/Temp ttuminat9ok- Pcgvisions of Sign Atlowed t3tinking OK OK Frequency Frequency Standards tW~te Allowed? NO N/A N/A N/A N/A N!A N/A N/A Allowed only in .3 FlO+N~F-~ YES Monument NO YES 15 Seconds 15 Seconds NO Non-residential Signs Minimum Minimum districts and on high school sites. 15 Seconds Allowed in Monument Minimum; 24 3 Seconds Multifamily, FfiSCO YES and Wall NO NO hours for Wall Minimum NO Religious and Signs Signs Business districts Monument, 15 Seconds 15 Seconds NO No district t3rapevine YES Pole and NO YES Minimum Minimum provisions Wall Signs Monument, Messages not 6 Seconds Time and Temp is yurgt YES Pole and NO YES allowed Minimum NO only allowed in a Wall Signs PD district 'Signs are approved on a Ketler YES' - - - - - - case by case basis through a zoning site plan process Allowed in " Monument 10 Seconds 10 Seconds Lamps cannot Commercial ietd ManBf YES and Wall NO YES Minimum Minimum exceed 50 watts Districts and for all Signs institutional uses Signs within 100 Unless a school ` Monument feet of single use, signs are only North Rict~tand Hilts YES , Pole and NO NO 5 Seconds 5 Seconds family must be allowed in a Wall Signs Minimum Minimum shielded so as Freeway Overlay to not shine onto Zone. homes Signs within 150 feet of single All Sign 30 Minute No interval family must not Plano YES NO NO shine onto - Types Minimum requirements homes and cannot exceed 40 watts Minimum 6 Signs only allowed Institutional inches of sign for institutional and Gasoline 24 Hour structure must uses or to show Sauthlake YES Monument NO NO Minimum Prohibited surround sign gas prices. Signs only face in order to Otherwise they are direct prohibited. illumination Monument 20 Seconds 3 Seconds 300 Foot-Candle Signs are allowed t3e~dford YES and Pole NO YES Minimum Minimum Maximum for business and Signs institutional uses Monument Illuminated signs Signs are allowed Colleyville YES and Freeway NO NO 5 Minute No interval cannot project for business and Pole Signs Minimum requirements across property institutional uses lines Proposed Amendments to Sign Regulations s i • s • ' s• s- s• The following general conditions shall be applicable to all signs, except where a provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Sign Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Requirement -All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Height - No sign shall exceed the maximum height provided for in this Chapter. In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Requirements -All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Sign Contractor Registration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of Colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Engineering Reauirements and Construction Standards -The construction of all signs shall comply with the structural requirements of the City of Colleyville Building Code. Where required by the enforcement official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on the exterior surface of a sign or sign support. H. Signs in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public right-of-way, except where a provision in this Chapter allows such location, or with the approval by the City Council of aRight-of--Way Encroachment Agreement. I. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this Chapter allows illumination for a specific sign classification or construction type. No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. Proposed Amendments to Sign Regulations K Electronic Message Signs Along State Highways Electronic signs placed along state highways shall be allowed to change messages at a minimum of every ten (10) seconds. The display of time and/or temperature may chanae at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road State Highwav 26, or State Highwav 121. #~L. Loss of Required Parking - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. 6M. Signs in Planned Unit Developments and property with a Special Use Permit -All signs shall comply with the regulations in this Chapter, unless an ordinance fora Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. . -. The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Signs - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. F. Painting, Marking, Attachina. Materials to Streets. Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled any illuminated, animated, moving or flashing sign. Exception: Except where provided in Section 7-130 K of this chapter, only a sign, which has Proposed Amendments to Sign Regulations illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. ORDINANCE 0-09-1719 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTIONS 7-130 AND 7-215, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding electronic signs; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 7, Sign Regulations, Sections 7-130 and 7-215, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. S. THAT this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1719 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Exhibit "A" The following general conditions shall be applicable to all signs, except where a provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Sian Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Requirement -All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Height - No sign shall exceed the maximum height provided for in this Chapter. In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Requirements -All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Sian Contractor Registration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of Colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Engineering Requirements and Construction Standards -The construction of all signs shall comply with the structural requirements of the City of Colleyville Building Code. Where required by the enforcement official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on the exterior surface of a sign or sign support. H. Signs in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public right-of-way, except where a provision in this Chapter allows such location, or with the approval by the City Council of a Right-of-Way Encroachment Agreement. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this Chapter allows illumination for a specific sign classification or construction type. No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. K. Electronic Message Signs Along State Highways -Electronic signs placed along state highways shall be allowed to change messages at a minimum of every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121. 14L. Loss of Required Parking - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. 6M. Signs in Planned Unit Developments and property with a Special Use Permit -All signs shall comply with the regulations in this Chapter, unless an ordinance fora Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. . -• The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Signs - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. F. Painting Marking, Attaching. Materials to Streets, Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled any illuminated, animated, moving or flashing sign Exception: Except where provided in Section 7-130 K of this chapter, only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign. I. Balloons and Inflatable Advertisin4 - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. Il ~~/ - City Hall ~;~" ~~ City of Colleyville 100 Main Street l! Colleyville, Texas 76034 r..," Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3098 File Number: R-09-3098 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 05/19/2009 Agenda No.: 11 a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of the City of Colleyville's continued participation with the Steering Committee of Cities Served by Oncor, and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities relative to Oncor Attachments: Resolution R-09-3098.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/19/2009 City Council Title Approval of the City of Colleyville's continued participation with the Steering Committee of Cities Served by Oncor, and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities relative to Oncor Electric Delivery Explanation Reading and Public Hearing The City of Colleyville is one of 150 member cities of the Steering Committee of Cities Served by Oncor. The Steering Committee has been in existence since the late 1980's and took on a formal structure in the early 1990's when cities served by TXU (since renamed as Oncor Electric Delivery Company) gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, courts, and the Legislature on electric utility regulation matters for nearly two decades. In 2004, the Steering Committee coordinated the activities of 20 member cities that initiated an investigation of Oncor's wire rates. As a result of the Steering Committee's activities, the Company agreed to make settlement payments to the cities beginning in 2005. Settlement payments from Oncor will continue to be made annually through the entry of final order in the Company's pending rate case (expected on or before July 31, 2009). The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor Electric Delivery within the City. Steering Committee representation is also strong at ERCOT. City of Colleyville Page 1 Printed on 5/15/2009 Agenda Briefing Continued (R-09-3098) Staff seeks approval to continue City of Colleyville membership and to pay a per capita fee of $0.10 based on the population figure for the City shown in the latest Texas Municipal League Directory of City Officials. Financial Impact It has been determined that based on an assessment of $0.10 per capita based on the population figures for the City as published in the latest Texas Municipal League Directory of City Officials, the annual assessment is estimated at $2,390.20. Recommendation Approval City of Colleyville Page 2 Printed on 5/15/2009 RESOLUTION R-09-3098 A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR AND AUTHORIZING THE PAYMENT OF 10 CENTS ($0.10) PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY WHEREAS, the City of Colleyville, Texas is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of Oncor Electric Delivery Company (Oncor) within the municipal boundaries of the City; and WHEREAS, the Steering Committee has historically intervened in Oncor (formerly known as TXU) rate proceedings and electric utility related rulemakings to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor; and WHEREAS, in order for the Steering Committee to continue its participation in these activities which affects the provision of electric utility service and the rates to be charged, it must assess its members for such costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS Sec. 1. THAT the City is authorized to continue its membership with the Steering Committee of Cities Served by Oncor to protect the interests of the City of Colleyville and protect the interests of the customers of Oncor Electric Delivery residing and conducting business within the City limits. Sec. 2. THAT it is further authorized to pay its assessment to the Steering Committee ten cents ($0.10) per capita based on the population figures for the City shown in the latest Texas Municipal League Directory of City Officials. Sec. 3. THAT a copy of this Resolution and the assessment payment check made payable to Oncor Cities Steering Committee shall be remitted to: Jay Doegey, Chair, Oncor Cities Steering Committee, c/o City Attorney's Office, Mail Stop 63-0300, P. O. Box 90231. Arlington, TX 76004-3231. Resolution R-09-3098 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: AYES, NAYS AND ABSTENTIONS 2009. Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~', City Hall ,~~~~~,~~~,*~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3099 File Number: R-09-3099 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 05/19/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 11 b Final Action: Secretary File Name: Acting on the resignation of Councilmember Tony Licata, Place 2 Attachments: Councilmember Tony Licata, Place 2, resignation letter.pdf Resolution R-09-3099.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Acting on the resignation of Councilmember Tony Licata, Place 2 Explanation Reading and Public Hearing Councilmember Tony Licata, Place 2, resigned from the City Council, effective May 7, 2009. In accordance with the Election Code, Chapter 201, Determination of and Election to Fill Vacancy, this item provides for the City Council to act on the resignation. City of Colleyville Page 1 Printed on 5/15/2009 May 7, 2009 Dear Mayor Kelly, Council Members, and City Staff: For personal reasons, I am resigning my post as Colleyville City Council Member Place 2 effective immediately. It has been a privilege to work and serve with you. Sincerely, . ~ .~ ~~ Tony icata RESOLUTION R-09-3099 A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMEMBER TONY LICATA, PLACE 2 WHEREAS, Councilmember Tony Licata, Place 2, has submitted his resignation to the Mayor and City Council of Colleyville, Texas, effective May 7, 2009; and, WHEREAS, in accordance with the Election Code, Chapter 201, Determination of and Election to Fill Vacancy, the City Council will act on the resignation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby accepts the resignation of Councilmember Tony Licata, Place 2. 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 f SPEAKER CARD Date• ~ ~ v'~ y/ l ~ I ~~~/ I will speak In Support of this item. __~ I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition job 3 Agenda Item Number: Ordinance Resolution Number: Name: ~~~ / ~ J ~ f C~Gt4~~ Address: ~ ~ JO ~~~~< /`~~~1~-< ~G ~/ C`~Gj c/l ( ~ State ~ Zip Code: ~~ ~ 3 City: Telephone Number ~ ~~~~~ _ j~~y Representing: 5 ~ / (organizationlself) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. J .: This information is a Public Record. Date: ~ ~ ~ ~ - ~ / SPEAKER CARD ~_ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: l~q OrdinancelResolution Number: Name• f ~s e,jt` Address: ~ Ot ~u via ~ I C ~ car 1 ( ~ ~ /~ (~ State: ~ ~ Zip Code: ~~ Q~ City: Telephone Num er:~ ~ ~ 7 Representing: (or~anizationls ;~ For business ~ t accordance with t~t~ ;' ~: Signed: ' ~ `' 1 understand 1 am limited to speaking for five minutes. r'~ ~stgd ~Or~ t~~ agenda as a Public Hearing, City Council will not respond in 'ex s e JYleetings Law, Chapter 551 of the Texas Local Government Code. ''T is information is a Public Record. } ~~~ ~? ~~ €~ City of Colleyville 100 Main Street . ~ Colleyville, Texas 76034 ~=~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3093 File Number: R-09-3093 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 05/19/2009 Agenda No.: 12a Status: Tabled Controlling Body: City Council Final Action: File Name: Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker.pdf Resolution R-09-3093.pdf Resolution R-09-3093B.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council Title Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Explanation Reading and Public Hearing Update During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen registered support of the proposed resolution. The City Council discussed and considered the Resolution and unanimously voted to table the item for consideration during the May 19, 2009 City Council meeting. Mr. Chris Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted an additional resolution to the City Attorney. The additional resolution is included for City Council consideration, as well as the original resolution. Correspondence between the City Attorney and Mr. Whitaker regarding the additional resolution is attached. Reading and Public Hearing On April 21, 2009, a citizen petition for a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas, was filed with the City Secretary. City of Colleyville Page 1 Printed on 5/14/2009 Agenda Briefing Continued (R-09-3093) In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 2 Printed on 5/14/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. C,~ithia~ingleton, City Secr'e 02/~ ZD09 (Seal) D e of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda , Ma 12, 2009 9:45 AM To: ~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, Suite 108 Irving, Texas 75062 (972) 650-7104 Office (972) 650-7105 Facsimile From: SPAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 .~~ N ~ t~ .. '~ k RESOLUTION R-09-3093 A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hil1Co Partners to influence the 81S` Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution 30R0695 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. A VOTE OF ON THIS THE AYES, NAYS AND DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-30936 A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 81st Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route, with the City of Colleyville not incurring the cost of this construction of this design cznd not implementing new taxes to pay for this construction of this design. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-30936 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. A VOTE OF ON THIS THE AYES, NAYS AND DAY O F ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor i'lls' ~~~ <_ __ --- r(~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~-~~" Agenda Briefing 817.503.1000 vrww.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 05/19/2009 controumg ~oay: miry ~ouncu Requester: Office of the City Agenda No.: 14 Final Action: Secretary File Name: Reports -May 19, 2009 Attachments: Colleyville Public Library Board Minutes- February 9, 2009 Planning and Zoning Commission Minutes -April 13, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/19/2009 City Council Title Colleyville Public Library Board Minutes -February 9, 2009 Planning and Zoning Commission Minutes -April 13, 2009 City of Colleyville Page 1 Printed on 5/15/2009 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES February 9, 2009 I. CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:01 p.m. ROLL CALL -Members present: Pat Jones, Steve Isbell, Jerome Davis, and Nancy Bowen Members Absent: Karen Birkes, Richard Roxburgh and Mary Alice Rippe Alternates Present: Thad Bolline Alternates Absent: Kathleen Hennessey Ex-Officio Members Absent: Steve Banta, Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, Cecilia Monacelli, Kay Newton and Mary Smith Staff present: Mary Rodne I1. APPROVAL OF JANUARY 12, 2009 MINUTES - A motion was made by Nancy Bowen and seconded by Pat Jones to approve the January 12, 2009 Minutes as presented. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In January, patrons had checked out a total of 16,702 items, 97 Colleyville residents registered for library cards, library patron visits totaled 7,416, attendance for programs totaled 545 and volunteer hours totaled 209.25 hours. Rodne noted that the total circulation of library materials this year was 4% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received a total of $625 in donations in January. The donations included: $500 from Sharon Owsen for the purchase of children's materials in memory of her husband John Owsen; $25 from Kathy Wreden to purchase a book for the adult collection in appreciation for use of the Library while visiting in this area; and $100 from Ann Maddux for the purchase of a book on CD. c. Programs Director Rodne reported that the Youth Services Winter/Spring 2009 programs had started the week of January 19, 2009 and that all of the programs were filled except for one. It was noted that attendance had been higher than previous sessions at the Snacks and Stories program for school age children and the Bounce Time for toddlers. Rodne added that Snacks and Stories sessions had been averaging around 50-60 weekly and that Bounce Time had been averaging around 60-70 weekly. Additionally, it was noted that Valentine's Parties were being held in all the story times the week of February 9t", and that Friends of the Library volunteers were assisting at the parties. Rodne also presented an update on the Library's 2009 Summer Reading Program, Libraries: Deep in the Heart of Texas! IV. DIGITAL BOOKMOBILE EVENT REPORT Director Mary Rodne reported that the Colleyville Public Library had hosted the Overdrive, Inc. Digital Bookmobile, a 74-foot, high-tech tractor-trailer, on January 20, 2009 from 11:00 a.m. to 6:00 p.m. in the Market Street parking lot. Rodne added that the event had been very successful and that around 240 people had toured the interactive Digital Bookmobile. V. NORTH TEXAS REGIONAL LIBRARY SYSTEM ASSEMBLY MEETING REPORT Director Rodne reported that the Colleyville Public Library had hosted a North Texas Regional Library System Assembly Meeting on January 22, 2009, from 10:00 a.m. - 12:00 p.m., and that Mayor David Kelly had presented the opening welcome to those in attendance, which totaled around 120 representatives from area libraries. Nancy Bowen, Colleyville's System Assembly Representative presented highlights of the meeting. Rodne added that in the afternoon a North Texas Regional Library System workshop entitled, Managing Across Generations, held been held and that around 40 attended this session. VI. NORTH TEXAS CONFERENCE FOR LIBRARY SUPPORTERS REPORT Director Mary Rodne reported that the first Annual North Texas Conference for Library Supporters had been held on Saturday, January 31, 2009, at the Lockheed Martin Recreation Area (LMRA) in southwest Fort Worth, and that she and Friends of the Library President Kay Newton had attended. Rodne noted that Cecilia Monacelli and Pat Jones from the Colleyville Public Library Foundation had presented information about Colleyville's Race to Read at one of the idea sharing sessions. Rodne concluded that the conference had been very educational and well received by the 140 in attendance. Rodne added that she would again be serving on the planning committee for this conference scheduled to be held in February 2010. VII. REVIEW AND DISCUSSION OF THE COLLEYVILLE PUBLIC LIBRARY CIRCULATION POLICY Director Rodne presented the Circulation Policy with proposed changes to reflect new Library service options such as a-mail notifications and to facilitate patron usage of the Library's self-check and online catalog features such as online renewals. Discussion ensued. A motion was made by Steve Isbell and seconded by Pat Jones to approve the revised Circulation Policy as presented. Motion approved unanimously. VIII. COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PROJECT PLAN UPDATE Director Mary Rodne presented an update on the Library's Spatial Reorganization Project Plan and reported that staff was reviewing the revised plan and working on additional items that needed to be included in the final plan. Rodne added that staff had also been working on a reorganization project designed to enhance the staff workroom area, and that donations from the Colleyville Public Library Foundation and the Friends of the Library were being used to fund the project, which would include reorganizing the existing desks and adding new shelving for storage. IX. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT Library Director Mary Rodne reported for President Kay Newton that the Friends of the Library had held a Board Meeting on February 5, 2009, and that the Friends finalized plans for the 2009 Fourth Thursday Author Series, featuring local authors. Rodne noted that on January 22, 2009, Dave Leiber, Star-Telegram Columnist, had presented a program that featured his current book, Dave Lieber's Watchdog Nation and that around 14 had attended. Rodne added that on February 26, 2009, John M. Tippets would be featuring his book, Hearts of Courage and that on March 26, 2009, Kathleen Rogers would be talking about her book entitled, Together, We live On. Rodne concluded that additional author engagements were being finalized for programs scheduled in April and May. X. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported for President Cecilia Monacelli that the Foundation Board Meeting had been cancelled in January, and that details of the 2008 Library Foundation annual fundraisers would be discussed at the next Foundation meeting scheduled on February 16, 2009. XI. NEXT MEETING DATE Chair Jerome Davis noted that the next Library Board meeting was scheduled on March 9, 2009. XII. SUGGESTED ITEMS FOR FUTURE MEETINGS None XIII. CITIZEN COMMENTS None XIV. ADJOURN: A motion was made by Nancy Bowen and seconded by Thad Bolline to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:41 p.m. ~~- City of Colleyville ~ Minutes -Final r.:. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 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 April 13, 2009 at 7:00 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, Justin Bass, Jeremy Hutt, Jennifer Fadden and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the March 23, 2009 meeting minutes with the correction on page 4, paragraph 5, to strike "he did". Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 Commissioner Byerly moved to reconsider case GC09-003. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy Justin Bass presented the case and briefed the Commissioners. John and Danielle Arnett, property owners and applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned the Arnetts regarding if they knew there would be a sidewalk required? Mrs. Arnett replied knowing that they would have to come before the Commission to ask for a waiver since all of their neighbors have gotten waivers to the sidewalk requirement. Commissioner Redfearn questioned staff regarding who decides/defines the option to escrow? Justin Bass replied the Commission decides/defines the option. Commissioner Phelps questioned staff, for clarity, who decides/defines the option to escrow? Ron Ruthven replied the homeowner can either decide to escrow the money or construct the sidewalk. He stated in this instance, the homeowner does not want to do either. Commissioner Phelps stated this escrow could be used in some other location within the neighborhood district or on this street. Ron Ruthven concurred. Commissioner Byerly stated the Commission needs to rely on the Sidewalk Committee with regards to their recommendations on the sidewalk map. City of Colleyville Page 2 Printed on 5/1?/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 Commissioner Byerly moved to deny case GC09-003. Commissioner Dudziak seconded. Commissioner Phelps stated being in favor of granting this request because of the circumstances in this neighborhood. Commissioner Rotthaus questioned staff regarding what is the age of the neighbor's homes? Justin Bass replied they are newer homes, however, stated he does not know the age of the homes. Commissioner Rotthaus stated those newer homes were approved before the sidewalk map was drafted. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 -Rotthaus, Phelps Absent: 1 -Clardy 7b Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 Justin Bass presented the case and briefed the Commissioners. Keith Hamilton, the applicant, came forward to answer any questions. Commissioner Phelps questioned staff regarding in the portion that was abandoned on Black Drive, has the utility portion of the abandonment been completed, removing lines and relocating them? Ron Ruthven stated there is an existing water line that will have to be relocated and it will be located in an easement. Commissioner Dudziak moved to approve case PC09-005. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 7c Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 4, Block 3 of the Fairway Addition located at 6606 Herbert Rd., Case GC09-004 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if any portion of the sidewalk has been built on this street? Justin Bass replied there are no City of Colleyville Page 3 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final Aprif 13, 2009 other sidewalks on this street. Commissioner Byerly stated with the school down the street, there is a need for this sidewalk especially with the new subdivisions coming in on Murphy. Commissioner Byerly moved to deny case GC09-004. Commissioner Redfearn seconded. Commissioner Phelps concurred with Commissioner Byerly and stated there is clearly a need for this sidewalk. Commissioner Redfearn questioned staff regarding where is the placement of this sidewalk to be constructed with regards to the bar ditch and street? Justin Bass replied the sidewalk will have to be constructed at least four feet away from the existing pavement. Ron Ruthven replied the sidewalk should not block the drainage for the property in the bar ditch. He stated the sidewalk can go all the way up to the property line. Commissioner Phelps questioned staff if the sidewalk construction requirements have been modified to allow the property owners to construct around natural existing structures such as trees, has it been modified to accommodate those? Justin Bass replied they are in place. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 7d Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block E of the Old Grove Addition located at 7109 John McCain Rd., Case GC09-005 Justin Bass presented the case and briefed the Commissioners. Bailey Draper, the applicant, and Steve Riach, the property owner, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Draper regarding if he is asking for a waiver on both John McCain and Stillwater Circle? Mr. Draper stated just on the John McCain side. He stated the Stillwater side has already been dedicated for the trail. Commissioner Knox questioned Mr. Draper regarding how far back will the retaining wall be set from John McCain? Mr. Draper replied it actually varies, he stated the wall is 3 ft to 6 ft tall and it will be redone, however, there is not a lot of room to move it back because of the mature trees. He stated there is not enough room between the wall and City of Colleyville Page 4 Printed on 5112/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 the trees to build a sidewalk. He stated the new wall will be layered, dry stacked stone. He stated the corner will have tiers for landscaping. Bailey Draper stated not knowing if any sidewalks exist on John McCain on this end. Commissioner Dudziak questioned City Engineer, Jeremy Hutt regarding if there has been a right of way dedication done for the future expansion on John McCain? Jeremy Hutt replied the right of way was dedicated at the time of the plat. Commissioner Dudziak questioned Jeremy Hutt regarding if John McCain is expanded, in the future, will those trees be subject to being torn down? Jeremy Hutt replied correct. He stated the Engineering Department suggested to Mr. Draper with regards to the retaining wall, that they fill out a right of way encroachment form to be able to use the right of way for the retaining wall. Jeremy Hutt stated those trees could possibly come down as a result of the widening of John McCain. Commissioner Phelps questioned Jeremy Hutt if the sidewalk would be built in the easement? Jeremy Hutt replied the sidewalk would be constructed within the 75 foot right of way. Commissioner Byerly questioned Jeremy Hutt regarding where would the new sidewalk be placed on this street because of the elevations? Jeremy Hutt stated there are a few hurdles to be met with the elevations and so forth, but there are options. He stated being complicated but not impossible. Commissioner Phelps stated there are three options for this request escrow the money, build the sidewalk or waive the sidewalk requirement all together. Ron Ruthven replied the escrow option is there in lieu of construction of the sidewalk. Commissioner Byerly questioned staff regarding the circumstances with this property exceed what is typically required to be escrowed? Ron Ruthven replied the builder would have to incur that extra expense to build the sidewalk given the terrain. He stated it could cost more than the determined amount. Commissioner Byerly questioned staff regarding if the amount is based on linear square feet? Ron Ruthven replied yes, it is based on the Engineering Department's formula for calculating the fee. Jeremy Hutt replied the calculation is strictly for the cost of concrete to construct the sidewalk. He stated any other circumstances are not taken into consideration. Commissioner Phelps questioned staff regarding if they are to build today, they will have to pay the full cost in addition to all of the other City of Cofieyvil/e Page 5 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 requirements? Jeremy Hutt stated they would have to build the sidewalk to current city standards. Commissioner Phelps questioned Jeremy who would incur the additional costs of installing this sidewalk if the money is placed into escrow? Jeremy Hutt replied the city would incur the costs. Commissioner Redfearn questioned staff regarding where is the nearest existing trail or sidewalk to connect to this sidewalk? Justin Bass replied there is an existing trail before Stillwater. Commissioner Rotthaus questioned Mr. Draper regarding if he knew sidewalks would be required? Mr. Draper stated they are probably stamped on the plans, however, he stated they anticipated having to come before and ask for a waiver because of the circumstances that exist on this property. Commissioner Phelps stated the wall is still within the right of way area. Mr. Draper stated they are going to get the encroachment agreement so that they can save these trees. Commissioner Byerly questioned Mr. Draper regarding if he can build the sidewalk cheaper than the escrow amount? Mr. Draper replied yes, he can build for $3 a foot and the escrow amount is for $4.25 a foot. He stated they are going to be spending a lot of money to re-do the wall. Commissioner Phelps questioned Mr. Draper regarding what additional expenses would be incurred if the sidewalk is required at the base of the wall? Mr. Draper replied the expense of the sidewalk at the base of the wall would cause the loss of the trees. Commissioner Phelps questioned Mr. Draper regarding if there is an option to put the sidewalk behind the trees? Mr. Draper stated that would put the sidewalk 20 feet off the street into the property owner's front yard, at the proposed driveway, at the front door. Commissioner Byerly questioned Jeremy Hutt regarding if the trees are affected with the sidewalk. Jeremy Hutt replied if the sidewalk is required, the retaining wall will have to be move, therefore the trees would be affected to get the separation from pavement, sidewalk and wall. Commissioner Dudziak questioned Jeremy Hutt regarding how many feet does the sidewalk have to be from the street? Jeremy Hutt replied four foot on a road similar to John McCain. However, he stated they are looked at on a case by case basis. He stated there is a curve in this road, therefore, they want the sidewalk to be moved further back which will eliminate the trees. City of Colleyville Page 6 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 Commissioner Knox moved to approve case GC09-005. Commissioner Rotthaus seconded. Commissioner Dudziak stated the purpose of this ordinance is to set aside the escrowed monies so that when this road is widened, the cost of the sidewalk is paid for. He stated it is the Commissions responsibility to require the escrow. Commissioner Redfearn concurred and stated its dangerous until John McCain is improved. He stated to allow for the waiver, the money would not be there for another part of the neighborhood district that could benefit this property. Discussion occurred between staff and Commissioner Byerly regarding the options: grant the waiver, escrow in lieu of construction or build the sidewalk. Commissioner Phelps stated being in favor of them to escrow in lieu of construction. Commissioner Byerly stated usually being in favor of the Sidewalk Committee however, this property has bad elevation. He stated the sidewalk would be required on the side of the curve which is a dangerous place to put a sidewalk. He stated this one seems to need an exception. Commissioner Knox stated the city has already given an exception with the placement of the retaining wall. City of Colleyville Page 7 Printed on 5H2/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 The motion failed by the following vote: Aye: 3 -Knox, Rotthaus, Byerly Nay: 3 -Dudziak, Redfearn, Phelps Absent: 1 -Clardy Commissioner Redfearn stated not being opposed to escrow in lieu of construction. He concurred with the Commissioners but not in favor of allowing the waiver all together. He stated the neighborhood still needs sidewalks. Commissioner Redfearn moved to deny waiver but to allow for escrow in lieu of construction on case GC09-005 Commissioner Phelps seconded. Commissioner Phelps stating there may be a more appropriate place for a sidewalk in this area on the map. Commissioner Byerly concurred. Commissioner Rotthaus stated there is a reason that they have a right to come before the Commission and ask for a waiver. He stated there are certain conditions for this property. He stated the Commission needs to look at each request on a case by case basis. Commissioner Dudziak stated he appreciated the comments. He stated when the city redesigns this street, staff will evaluate the safe placement of the sidewalk. He stated the city needs to be allowed the option to act on this, in the future, if the street is widened. He stated we can require the construction or the escrow of the sidewalk. Commissioner Byerly concurred and stated the applicant can have the option to either build the sidewalk or escrow in lieu of construction. Ron Ruthven stated if the money is escrowed for the sidewalk, the money can be spent anywhere in the neighborhood sidewalk district. Commissioners concurred. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps Nay: 1 -Byerly Absent: 1 -Clardy 8. AD.lOURNMENT City of Colleyville Page 8 Printed on 5H2/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 1 hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 9, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on May 11, 2009. City of Colleyville Page 9 Printed on 5/1?12009 RESOLUTION R-09-3100 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 19, 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 ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor