Loading...
HomeMy WebLinkAboutCity Council-Agenda Packets-6/15/2010~~,~, t , ~>~ --~ ,.:; ._ City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 15, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road PC-2 Review and discussion of the City Council Rules of Procedure PC-3 Discussion of the 2010 Community Oriented Policing Services (COPS) Hiring Program PC-4 Discussion of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III State Transportation Enhancement Funding Assistance Application submittal PC-5 Presentation of the Monthly Financial Report -May 2010 PC-6 Discussion of the June 15, 2010 City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Consultation with attorney regarding regulation of off-premise alcohol sales Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites City of Colleyville Page 1 Printed on 6/11/2010 City Council Agenda June 15, 2010 Section 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Tom Pembleton, 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-10-3237 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentations Pastor Ricky Texada, Covenant Church, will donate $1,500 to Lieutenant David Swavey, Guns and Hoses Foundation, which benefits survivors of police officers killed in the line of duty -Mayor David Kelly and Police Chief Steve Dye In recognition of Michael Clardy for service on the Planning and Zoning Commission Recognition of employees' years of service Recognition of Employee Achievements 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3238 4a Approval of the minutes of the regular City Council meeting of June 1, 2010 4b Approval of the minutes of the City Council worksession of May 19, 2010 City of Colleyville Page 2 Printed on 6/11/2010 City Council Agenda June 15, 2010 4c Approval of the minutes of the City Council worksession of May 20, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1752 Approval of a request for a Special Use Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 Colleyville Boulevard, Case ZC10-007 5b 0-10-1753 Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC10-003 5c 0-10-1754 Amending Ordinance 0-91-838 Section 1 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment and deletion of Section 2 5d 0-10-1755 Revising the City of Colleyville Investment Policy by amending Ordinance 0-03-1420 to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1756 Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008 6b 0-10-1757 Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3239 Approval of changing the regular City Council meeting dates in October and November 2010 and March 2011 7b R-10-3240 Approval of a lease purchase agreement with Wells Fargo Bank for the lease of a 95' Pierce midmount platform aerial fire apparatus, in an amount not to exceed $981,238 7c R-10-3241 Approval of a construction contract with Jagoe-Public Company for the 2010 Street Rehabilitation Improvements, in an amount not to exceed $434,294, and authorize the City Manager to execute the contract 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 6/11/2010 City Council Agenda June 15, 2010 9. REPORTS: Colleyville Center Advisory Committee -February 8, 2010 Zoning Board of Adjustment Minutes -March 9, 2010 Colleyville Trails and Sidewalks Committee Minutes -March 16, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 15, 2010 - Reading and Public Hearing -Resolution R-10-3242 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 11, 2010, by 5: .m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 6/11/2010 ;:,~ .., City of Colleyville 100 Main Street Colleyville, Texas 76034 '""" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Filed Version: 1 Agenda Date: 06/15/2010 Controlling Body: City Council Requester: Engineering Agenda No.: PC-1 Final Action: 06/01/2010 Department File Name: Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road Attachments: TxDOT Letter of Agreement dated February 4, 2010 TxDOT Correspondence dated December 3, 2009 -Signal Warrant Study Results for FM 3209 at L.D. Lockett Road.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/01/2010 City Council 06/15/2010 City Council Title Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road Explanation In September 2009, Colleyville citizens contacted the City to request installation of a signal light at Precinct Line Road (FM 3029) and L.D. Lockett Road. A review of this intersection reveals vehicles traveling westbound on L.D. Lockett Road have experienced difficulty in turning onto Precinct Line Road due to gradually increasing traffic volumes in this area. Precinct Line Road is maintained by the Texas Department of Transportation (TxDOT) and is situated completely within the city limits of North Richland Hills (NRH). Colleyville staff contacted representatives of NRH to request assistance in evaluating the signalization issue. North Richland Hills officials advised staff that the intersecting street on the west side of this intersection in NRH is not a large contributor to traffic congestion at this time due to the lack of significant development of the adjacent residential subdivision. However, NRH agreed to support Colleyville in requesting that TxDOT perform a traffic signal warrant study at this intersection. TxDOT completed the warrant study in December, 2009 and the findings support the need for the Precinct Line Road and L.D. Lockett Road intersection to be signalized. In January 2010, Colleyville and NRH staff met with representatives of the Fort Worth District office of TxDOT to discuss the next steps to accomplish funding, design and installation of a traffic signal in the intersection. Both municipalities were advised by TxDOT of two methods to complete the intersection signal improvements. The attached Letter of Agreement was generated by TxDOT in February 2010, and it outlines one alternative approach. Through this agreement, TxDOT will prepare traffic signal construction plans, specifications, and estimate the level of TxDOT financial responsibility for design of this project as TxDOT would not be responsible for any costs associated with construction of the City of Colleyville Page 1 Printed on 6/10/2010 Agenda Briefing Continued proposed improvements. North Richland Hills would be responsible for providing the entire cost of construction of the signalized intersection, including permitting, cost overruns and change orders. In turn, both cities would enter into an interlocal agreement to provide for Colleyville reimbursing NRH for a share of the project. In addition, NRH would be required to perform all future maintenance of the signal due to the roadway being located within their corporate limits and NRH being a municipality with a population of over 50,000. At the meeting between TxDOT and both municipalities, TxDOT staff stated that construction of the total signalization improvement project could exceed $200,000. NRH indicated their preference is for Colleyville to contribute a larger portion of the construction cost due to the warrant study revealing that the majority of the current intersecting traffic volume within the intersection is originating on L.D. Lockett Road. However, should this alternative be pursued, both NRH and Colleyville would need to prioritize this project with other capital improvement plan needs. A second alternative was discussed at the meeting between NRH, Colleyville and TxDOT. This alternative included consideration by TxDOT of placing this project on their list of proposed improvements to be performed by the Fort Worth District Traffic Operations Division, with all costs to be borne by TxDOT. However, it was estimated that TxDOT could not schedule the signalization to be performed for approximately five to seven years. Colleyville and NRH staff subsequently discussed the alternatives presented by TxDOT. Colleyville was advised that NRH does not have the available funds to participate in this project and that they do not have a sense of urgency at this time to proceed with entering into an agreement with TxDOT, therefore this alternative was not included in the Letter of Agreement. Review of Colleyville accident records at L.D. Lockett Road and Precinct Line Road revealed only one accident dating back to 2007. North Richland Hills did not respond to any accidents along Precinct Line Road in the general vicinity of this intersection during this period of time. Staff seeks City Council direction on how to proceed with installation of this signal light. City of Colleyville Page 2 Printed on 6/7/2010 ,Texas Department of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 • (817} 370-6500 February 4, 2010 The Honorable David Kelly Mayor, City of Colleyville 100 Main Street Colleyville, Texas 76034 Mr. Mark Hindman, City Manager City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Letter of Agreement For a Traffic Signal Project at FM 3029 and L.D. Lockett Road/ Belshire Dr. This Letter of Agreement has been written to summarize and confirm the details of a meeting held between the Texas Department of Transportation, the City of Colleyville and the City of North Richland Hills (NRH) to initiate a Traffic Signal Construction Project at FM 3029 (Precinct Line Road) and L.D. Lockett Road/ Belshire Drive in Tarrant County. This intersection lies on the boundaries of and within the city limits of the Cities of Colleyville (1-leg of the intersection) and North Richland Hills (3-legs of the intersection), and this agreement will be executed between the Texas Department of Transportation and both cities. Note that TxDOT would be responsible for construction and maintenance of the proposed traffic signals at the intersection of FM 3029 and L.D. Lockett Road/ Belshire Drive if it were located entirely in the Colleyville city limits. However, since a greater portion of this intersection falls within the North Richland Hills city limits, the city is responsible for maintenance of the signals, within their city, as a result of the City of North Richland Hills's population being greater than 50,000 in population. An agreement has been made to combine the resources of the Texas Department of Transportation, the City of Colleyville, and the City of NRH to address the construction needs for the traffic signal installation at the above mentioned location. As discussed in the meeting between TxDOT, City of NRH, and City of Colleyville, TxDOT's Fort Worth District Traffic Signal Design section will produce the traffic signal construction plans, specifications and estimate as the State's shaze of the financial responsibility. The City of North Richland Hills, in conjunction with the City of Colleyville, will provide the funding for the construction of the traffic signal assemblies. Under this agreement, it is understood that the State will not be liable for any costs for construction of the signals. The City of North Richland Hills will be responsible for securing the entire cost of construction of the signalized intersection, to include any cost overruns and cost for any change orders necessary to complete this project. An Equal Opportunity Employer Traffic Signal Project Letter of Agreement February 4, 2010 Page 2 The Fort Worth District Traffic Signal Design section will send a copy of the signal construction plans to both cities for review and comment at three stages of the design process. When the final set of the completed plans are delivered to the City of North Richland Hills, the city may use this plans set to apply to the District Permit Office for a permit to install the signal assemblies at this intersection. Also under this agreement, it is understood that the City of North Richland Hills will operate and maintain the entire intersection (including the portion that is within the Colleyville city limits). If you are in agreement with the terms and conditions of this letter, please sign and date below and return it to The Texas Department of Transportation, Access Permit Office, 2501 Southwest Loop 820, Fort Worth, Texas 76133. Upon the receipt of the signed Letter of Agreement by the Fort Worth District Office, our Traffic Operations personnel will begin the design of the traffic signal installation for the above mentioned intersection. The Honorable David Kelly Mayor, City of Colleyville, Texas Mark Hindman, City Manager, Ciry of North Richland Hills, Texas Wallace Rennels Access Permit Coordinator Texas Department of Transportation, Fort Worth District P.O: 6taX Oi868 * FORT WC~FiTH, TEXAS 76115-0868 • t8i.7} 370-6504 Dzce!nf~er ~. 2i}~ t`C>R't':1(: T: "rral!i:: in~ic~~rrinzr, Sribjeci: ~r~nal Warralxt Study P~cs?llt~; for 1~~ ;€}~9 at i.....D. Lockett road The Hc~norahle David Kelly 14?tayos oftl~e City of Colleyviile f 4f0 Main Sta-eet C;ol.leyville, T~ ?~tJ:;~ Deal• Mayor Kelly: dur offrce colt~~ldt~d aiicl reviewed tl~e signal warrant sttrtly fr~r tlrc. intersection of FM iC~2~ (F!•ecinct Lane .[toad} az~ci L,'D. Lt~ckett l~t?adt I3eisi:ire llri~~c irl l~c>rth IZi~;llla!td mills, in Ttt.rra!rt County. Tf!e results of tlae study indicate that this intersection! rr!eets Wr!rra!~ts #1,~2, ~!nif +t; - the vehicular ~~ofu!t~e warrants. This lr.!ratiot~ satisfies the criteria. fir inst~rflatiu!~ of a traffic signal. The Traffic Si~!ral Design stctic!n catz ~rt~~~•am this il~tersectiarr into tl!e eo?rt+ract Icttin` suftetiule, however we wairld like tc.! dis4rrss tl:e rle.tt steps !necessary far si~nalizin~; aar rote; sectian, and the 1'undinu~ sources for such a p!-c~tee~t. Ftis dais i!~ter;ection lies can the E3aultclar_v ~vitfZ Colleyville and Ivo!~Cl~ 1Zicf!land Nill~;, Eve ~:voulci like to sit tio~un with re~reselittltives fror~!~ hotly cities so tl~frt ~.ve c:an Eurt`l~er discuss project deliv€:ry !r7ethocis attd f`undin~ issues. We re~~uest that you ct~ntact us, so that ~;~; scan schedule a n~eetin~ ~:vith tf!e al~l~ro~riatc personnel. We look forward to worttii!? with yc~il _t~r~ this ~raject. ~Shor~(d you have aay C~CiC'StiL~ilS re~ar:lin~ this !~€~attet~, hlestse~ c~s~tact fir, Kuin Sai! Lfo, ~'.lY., <1.t (t3l7} ~7{3-E~~S"l. ,k 1 ~~ ~, 'r~ftspar~tatit~ti dperatit~ns Fort. ~~c~rth Distri~~t. cc~ Ralph $rowne, I'.~., ~Norih"'arrant. C'~ctunty ~'~z•~a Erta~:l~eer Jennifer .madden, C:alteyt-ille t:ity 14~Ia1~n4~~!` lVlike Curtis, i~iana~in~ I~irectc~r of Deveitrpln~rrt Ser~ric:es for the C`.ity of Ni~rth Itichla!7d [-fills Flrt F_gtra? ~;7?~4>tPur?i"!x' ~.'t~1~f~,~r?r Ci~„ t.v of ~ x 7'ex~5 September 16, 2004 Texas Department of'1'ransportation P.O. Box 6868 Fort Worth, Texas 76115 Attn: Ms. Maribel Chavez District )/ngineer Dear Ms. Chavez: ~ ~ w,~~ ~. ~ j ~_ Precinct Line Road continues to experience higher volumes of traffic due to a dramatic increase in development in northeast Tarrant County. At the intersection of L.D. Lockett Road and Precinct Line Road, traffic congestion has dramatically risen and is adversely affecting the ability of citizens in our community and neighboring North Richland hills to safely travel through the intersection. As a result, the City of Colleyville respectfully requests that the Fort Worth District of the DOT perform a warrant study with the expressed purpose of evaluating this intersection for the installation of traffic signals. Your consideration is this matter is greatly appreciated. I Iook forward to hearing from you. Thank you. Sincerely, ~M-~ t fps) David Kelly Mayor 100 MAIN STREET COLLEYVILLE, TEXAS 7603 (f317) 503-1000 TxDOT Fort Worth District Counts (1110312009) FM 3029 (Precinct Line Rd) at LD Lockett JBeishire in North Richland Hills Signal Warrants -Summary Study Name : FM 3029 ~ LD Lockett Rd (NRH) Study Date : 11!30108 Major Street Approaches Northbound: NB FM 30291 Precinct Line Rd Number of Lanes: 2 Approach Speed: 50 Total Approach Volume: 10,714 Southbound: SB FM 30291 Precinct Line Rd Number of lanes: 2 Approach Speed: 50 Total Approach Volume: 10,539 Miftar Street Approaches Eastbound: EB Belshire Dr Number of Lanes: ! Total Approach Volume: 234 Westbound: WB L.D. Lockett Rd Number of Lanes: 1 Total Approach Warrant Summary (Rural vahtes apply.) Warrant 1 -Eight Hour Vehicular Volumes ............................................................................................... Warrant 1A - Minknum Vehicular Volune ................................................_.............................................. y,,tr~ t~.>~r Required volumes reached for 12 hours. 8 are needed Warrant 1B -Mterruption of Continuous Traffic .. Required volumes reached for 12 hours, 8 are needed 5.~ri ~i~i-+i Warrant 1 A8B -Combination of Warrants .............................................................................................. ..~~•.a,~: . Required volumes reached for 13 hours, 8 are needed Warrant 2 -Four Hour Votumes ................................................................................................................. Number of hours (12) volumes exceed minimum >= minimum required (4). '.i.~ttif4+*~1 x; ii t i>t ic~ci Warrant 3 -Peak Hour ................................................................................................................................. 5:~tic+i~cf Warrarft 3A -Peak Mour Delay » .................................................................................................».............. Nor satisfied Total approach volumes and delays on minor street do nol exceed minimums for any hour. Warrant 3B -Peak Hour VoNrmes .................._.................._................................_........_.......................... , a t, r r{ -r Volumes exceed m~imums for at (east one hour. Warrant 4 -Pedestrian Volumes ................................................................................................................ Not Satisfied Required 4 Hr pedestrian volume reached for 0 hour(s) and the single hour volume for 0 hour(s) Warrant 5 -School Crossing ...................................................................................................................... Not Satisfied Number of gaps > .0 seconds (0) exceeds the number of minutes in the crossing period (0). warrant t3 - Coordmated Signal System .................................................................................................... Not Satisfied No adjacent coordinated signals are present Warrant T -Crash Experience .................................................................................................................... Nnt Satisfied Number of accidents (0) is less than minimum (5). Volume minimums are met. Warrant 8 - Rosdway Network ................................................................................................................... Not Satisfied Major Route conditlons not met. One or more volume requirement met. TxDQT Fort Worth District Counts (11/03/2008) FM 3029 (Precinct Line Rd} at LD Lockett Belshire in North Richland Hiits Signal Warrants • Summary Study Name ; FM 3029 ~ LD Lockett Rd (NRH) Study Date :11/30/08 700 600 r t~v °~, 500 a ~ 400 = 300 _~ 200 100 C 0 I ~ ~ ~ ~ Warrant Curves ..______ ___.__~ _. _. .__-- _ ,.. { _~ }. , _ __.._ Peak Hour Warrant Four Hour Warrant ~ ~ ~ (Rural. 2+ major lanes and t minor lane curves usadj ! I ~ ~ ~ { ~ 1~ 1 ~ _ _ _ _ _ . _ _ - I _ -- - - ~ ~- _ -_ ~._ _ ~ _ t t t 8 ~_ ., _. - ~ t t 1 9 __ ~ s __ _ .. _.. __ 2 ~ _ 2~ ~ ~ 4 6 200 400 600 800 1000 1200 1400 1600 1800 Major Street - Totat of Both Directlons (VPH) Analysis of 8-Hour Volume Warrants: Hour Begin Major Total Higher Minor Vol Dir Major Crit War-1A Minor Crit Meets? Major Crit War-16 Mb~or Crit Meets? Major Crit War-1A&B Minor Crit MeetsT 00:00 T4 8 WB 420-No t05-No -- 630-No 5310 - 504-IJo 84-No - 01:00 44 2 WB 420-Fio 105-No - 830-{~l0 53-No - 504-No 8<-No - 02:00 28 2 WB 420-No 101--No -- 830-No 53-No - 504-No 84-No -- 03:00 21 3 WB 420-No 105-No - 630-No 53-No - 504-No 84-No - 04:00 91 2 WB 420-No 106-No --- 830-ilo 531Jo - 504-No 84-No -- 05:00 180 3 WB 420-No 105-No -- 830-No 53-No --- 504-No 84-No -- 08:00 746 9 WB 420-Yes tOSa+lo Majo- 830 Yea 53-No Major 504-Yes 84-No Major 07:00 1,886 51 WB 420-Yes 106~to Major 630•Yea 53-No Major 504•Yes 84-No Major 08:00 1,593 140 WB d20-Vas 1Q5-Vas BafFr 630 Ya$ S3-Yas Bath 504-Yes 84~Yas Both 09:00 1,293 115 WB 420:Yes 106-Yes Both 630-Yes. 59-Yes Roth 504-Yes 84:Yas Botts 10:00 1,195 114 W8 420 Yes 105-Yes Both 830-Vas !i3-Yes 130th 3t14Yes 84-Yea Both 11:00 1,138 108 WB 420 Yes 105-Vas Both 630 Yea ~f-Vas 60th SOA-Yas 84-Yes Both 12:00 1,312 tt4 WB 420 Yes t0s-Yes 130th 630-Vas ~4-Yes. Both S04-Yei 84•Yas Both 13:00 1,349 127 w6 420.Yas 105•Yes Bath 830 Yes 53•Yaa Bath ".f44-Vas $4-YQS Both 14:00 1.383 125 WB 4~0-Vas 101E-Vas Both 830-Yea SS-Yea t~bth 604 Yas 84-Yaa Both 16:00 1,448 173 WB 420-Ye; 105-Yes Botts 830 Vas 53-Yes 80th 6Q4-Yes 84-Y~ t3oth 18:00 1,627 153 WB 420-Yea 105-Vas Both .650 Yes 53-Yas t3a5t Si1~YES 64-Yas Both 17;00 1,924 207 W8 420-Yee 105-Yes both 630 Yes 63.Yas t3Ath 6M-Yes 84.1(a~s t3oth 18:00 1,450 263 WB 4Z0-Yta 105-Yea Bath 8,0 Yas 63-Yas... Bolt 504-Yas 84•Yas Both 19:00 933 204 WB 420-Yas. t06-Yas Both 690-Yaa 53-Yaa Both 504-Yap 84-Yas Both 20:00 621 103 WS 420-Yas 106-s1o Major 830-No 53-Yts Minor 50~i Yes 84-Yss 130th 21:00 492 72 WB 420-Yaa 106-No Major 830-No 53-Yes Minor 504-No 84-Mo -- 22:00 286 40 WB 420-No 106-No -- 630-No 63-No -- 604-No 84-No --- 23:00 138 25 WB 420-No 10510 --- 830-No 53-No -- 504-No B4-No -- FM3029 ~ L.O. LOCKFTT RD NORTH RICHLAND HILLS, TARRANT COUNTY 11-3-2009 TUESDAY CS: 31 25- 1 MP: 7.461 w O C Z ---I m ~----- -- ---`~.. U, I'2r~(~ eJe1a ed i ~ _ 62 BELSHIRE DR C___,~ 23a ~~ 2a--`" 30 MPH (STOP 0 W 1 Z JI M -- ° v U ~' Z I.- N I ~ a~ w r~ ~~ I d 0 ~~ TUTA~ AM PEAK VE.W I CLE5 PM PEAK rn CV Q I I ~, M N I o M I I ~ I ~ I t "' i ~ I I~ I I~ I i i I I i I i ( I I I I I I I I I I I I I ~I I I I ~ I IjN I ~- i I I 1 I I I i I I I I i I~ I I I I I I I I I i I ~''I I I I I ~ ~ _! 0 ~i to O ~ s ~ -~ °~ 0 W Z J f.- U z U w ~_ L%~~ir.. h.~r.+ rn.~wr~ tD2004 Dy Texas Depo't-er» of Tron6portotton, O11 rigAtE ~escrwA. SfGP #2 COUN fE=R h01 9 ~ L. D. LOCKETT RD. 142 2163 263 _ ~o MPH __ SIDEWALK _ ~ N Y Q N w ~~~ O W ~- z ~~ ~~ ~; Prduc ScoHb' ~ Fe~srl v +arra+a ~_~ rn 00 0 r~ o V ~ N _ ~~ ~ O Q N e~- A` r~ \~ T W ~ ~ 0 ZUpZ a~ ~ .''~_'' ~ tad ti {l3 (n t1 rr W vN~~ .C c ,o Z H ~ U J ~ `s ~ W ~©~~°~ o ° ,~~ ~~ ~Y ~, w v o~~o o~~~ H ~ ~ N O M LL Q 0 0 z S o ~ ~ rn a 0 ~!-' c~ doocn~' V ~ A O W r C C ~ N ~3~~0 L.il.~t~CKIETT R CQ N ,W--._,..d~ 2 ~~ ~ ~ ~'__ - -- 'CZ ~ GU <t ~ ~ ~ ~ o ~_ ca ~ w ~ ~ °~ ... ~~ N N ~ ~ ~C) ~7~IN5 f ti - ... rn ~$ ~ N U ~ ..,, =~o ~ N ~ tom' Q ~" r r Q~ ~ ~ Q Z ~ .L ~ :~ ~ c~ u. ~ ~ Q.. W w ~ ~ C = D ~~W~ ~o~~ p ~ ~~ u. g. W v ~~~o Q ~ J o~~~ 0 M U g Q Q tZ V ~~ ~~-€g ~,~~ pmu~o ~i ~~~~ UUS'o ' ~ cr.<n~• a~ ~ ~~pptlJtpN M N .- ~+ O~ O 0 N r y N M 0 0 0 0 0 0 0 0~ O 00 W M 1f1 r fti r O r ',¢S CO MNrN OT Nr ~j N t0 O O O O O 0 0 0 0 0 O O ONr r d rOf3lr~t .d. '" Or'7 G0 ~ NrN Ol M O 0 0 0 0 0 0 0 0 0 0 O O O 0 0 e- N M O O M O l0 CV O o aooo o aoooo CO Gl O 6rM00 0 N~-'fV~O tl' ~- ~ ~r ~ M lA M e- N r 00 r' O N N M ',O 0000 0 000 a4N r ~: ~. N r r'r-O M M Ot000N th .- O 0 0 4 0 0 O O O O O O O O ~ M t0 ((~~ l0 Nr M ~O 00 V N ~p\M ~ r -~C! r ~ }~Q! I1A N C a` ~ NNN NIO NOr O> O r r O M 00000 ooooc, oti O<pr P C' rt+O1(1 tlY r 0 0 0 0 0 O Q O Q O ~~p¢ CO O ~ ~~ptN rrfA?tA.Oa' ~~ ~d~Q~o ~a~~~° •- r N M N ~ o ~'i~m ~ ~cei`b '~i ~v °ro U ^ _ ~ Q w ..a .. ...._ ~ N N ~ ~l1 ~ N N N Chi ~ COD ^ Q. OO r v~ .. .. .. .. 4 ~" N ~ Q1 N _ O Q Z ~ 0 r 0 0 0 0 0 0 0 0 0 0 0 0 0 O O ^, ~ ^^ ~ ~ ~ ~ N~~ ~ NNNN O ~fp~~ h V.. v/ u. T ~ -~ r iN rG '7 q O O O U O O O O O O O O O O O C~ L H r ~ 0 0 ~° M ct QO00 0 O~'sT tf! .- N O ~ 1++7 N M d MNM r N r tp N •- N ~ O F- M O ' o oao o 0000 0 0000 a ~, r 0 0 ~ w ~ n. z ~~ ~ J O r MrO 'd' rOOr N ~'-hCRI~ tC O N 'G1 ~_ Z O L ~ ~.T. N O*' W~ 7 ~ 0 '- 000 '0 0000 0 0000 00 J 4 ~ m ~ ~ O ~Y'MN O MMNN O OGfrM . ~~~ N ~ C ~ ~ r r M tV ~ • ~ _ ._ . _ _ _~n __ O ~ ~ ~ ~ C ~ a'~ MNtO .- N r r OIONr lA N .- r ~h tnM to ltp N ~ ~ ~ ` p ~ ' Q ~' CAW a ~ t+. 4 ~Y ~ L7 W V p O O O O O O O O O O O O O O . o~ J N W ~ ~ O r~A tA ~ Ors-N ~t NI~Tr E V J rTN M O ~ ~- _ . p ~ 0 = 000 0 0000 0 0000 LL J ~ . 0 0 L QI C r N~'~ ~ ~ ~Nr O tMO NN rC 00 In ~ r O ~ p~ ~ p, O O r O CO t() r CD O tq M CO tf> tp tD t0 In N 00 t0 ~ N t0 h ~ Q V' N U = O 0 000 0 o0ao o 0000 Z ~ r o0 a ~ a .~ ~ ~ d g Cnv~ NN o aooov~ t~ NN op cDVOON ^ ' Q Z O J ~.. r . N ~ ~p Nrd " N Q V N Z Z U LL -_ _- W d ~p~ . 0 - 0 0 0 0 0 0 0 0 0 O O O O o 0 F " ~ ~ CCC ~ O( OMN NMM r M~7 RN Q~ M MfONa ~ ... C7' ~ ~ ~ NM - N ~ ~ ~ C7 ~ r ~ ' N ( ~ r r I l. r(7 of Ort'7~ O _ C C ~ (U ~ 000 0000 O ~ ~~ U w U~O Weather:Sunny Counted By:P Quarles Date Counted:ll/3!2009 TUESDAY 24 HOUR THRU LANE T~. as Department of Transport. ~n Traffic Engineering Section Transportation Operation Ft. Worth District Page 1 Site Code: 30291 Station ID: 22206 NB FM30291 PRECINCT LINE RD WB LD LOCKETT RD NB FM3029 #1A ---------_r_._ __ _ - _-_.. Start 02-Nov-09 Tue Wed Thu Fri Sat Sun Average Day Time A M P M A M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. 12:00 ~ _ _. 12:15 ` 12:30 ' 12:45 ' 01:00 ` 01:15 ` 01:30 ` 01:45 ' 02:00 " 02:15 ` 02:30 " 02:45 ' 03:00 ` 03:15 ' 03:30 ' 03:45 ' 04:00 ' 04:15 ' 04:30 ' 04:45 ' 05:00 ` 05:15 ' 05:30 ` 05:45 ` 06:00 ` 08:15 ' 06:30 ' 06:45 ` 07:00 ` 07:15 ' 07:30 ' 07:45 ' 08:00 ` 08:15 ' 08:30 ' 08:45 ` 09:00 ' 09:15 ' 09:30 ` 09:45 ` 10:00 ' 10:15 ` 10:30 ' 10:45 ` 11:00 ' 11:15 ' 11:30 ' - 11:45 ' ._.. __ y` 10 166 ' 10 166 ` 4 178 ` ` ' 4 178 9 183 ` 9 183 ' S 150 ` ' ` 5 150 ' 9 138 ` ` ' 9 138 ' I 5 159 ` 5 159 3 152 ` ' 3 152 ' 5 21U • + a . • • • * + • 5 210 3 207 3 207 ' 4 178 ` 4 178 ` 2 183 ` ` ` 2 183 3 172 ` ' 3 172 ' 1 195 ` ` ' ` * 1 195 ' 3 189 * ' ` ` 3 189 ` 2 195 ` ` ` ` 2 195 " 2 177 ` ` ` ` ' ` ` ` 2 177 " 8 211 ' 8 211 " 2 212 ' ' ' 2 212 ' 13 200 ` ' ' ` ' ` 13 200 * 41 240 ' ' ` ` 41 240 ` 13 238 ` ' 13 238 ` 18 285 ` ` ` ' 18 28fi ` 19 262 ' ` ` ~ ~ 13 262 ` 30 236 ' ` 3U 236 ` 24 226 ` ` ` ` 24 226 ' 64 213 ` ' ` ` ` 64 213 103 193 ` ' ' 103 193 94 161 ` ` ' ' 94 161 132 131 ` ' ` ` 132 131 ' 172 144 ' ` ' ` ' ` ` 172 144 ' 175 114 ` 175 114 ' 186 121 ` ' ` ' ' ` ` 188 121 ' 172 82 ` ` ' ` 172 82 i48 72 ` ' ' 148 72 147 105 ' 147 105 163 83 ` ' ` 163 83 117 88 * ` 117 68 ' 121 89 ' ` ` ` ` ` ~ 121 89 153 47 ` ` ` ~ i 53 47 142 59 ' ' 142 59 146 43 ` `~ 146 43 136 39 ` ` 136 39 138 40 138 40 ' 155 37 ` 155 37 I 133 31 ` ` ' ` 133 31 122 22 ' 122 22 '' ~l 131 13 _ 145. ~! I . ~ _ ;I _. _ ~ _ .._ _. 131 13 145 11 Total 0 0 3433 6860 0 0 0 0 0 0 0 0 0 0 3433 0860 Day 0 10293 0 0 0 U 0 10293 Total °1a Splits O,U% 0.0% 33.4% 86.6% 0.0°/a O.U% 0.0% 0 0°/a U.0% 0.0°!o O.U°6~ O.U% U.U% 0.0% :33.4°/a 66.6°l0 Peak 07:15 04:45 07'15 04:45 Vol. 705 1025 705 1025 P.N.F. 0.948 0.899 0.948 _ 0.899. ADT A()T 10,293 AADT 10,293 Tt;. ~s Department of Transport.. ~n Page, Weather:Sunny Traffic Engineering Section Counted By:P Quarles Transportation Operation Site Code: 30291 Date Counted:ll/3!2009 TUESDAY Ft. Worth District Station ID: 22206 24 NOUR RIGNT TURN LANE NB FM3029/PRECINCT LINE RD WB LD LOCKETT RD N8 FM3029 #1B Start 02-Nov-09 Tue Wed Thu Fri Sai Sun Average Day Tima A.M. P.M. A.M, P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. 12:00 ` 0 5 > _ __~ .... ~ ~ 0 12:15 0 8 . > 0 12:30 ` 0 2 i ` ' 0 12:45 1 9 ` ` > 1 01:00 ` 0 5 > > > ` 0 01:15 0 4 . > 0 01:30 0 7 ` 0 01:45 ` 0 17 ` ` ` ` ` ` 0 02:00 ` 0 5 > 0 02:15 0 1 ' > ' > 0 02:30 0 g > > > 0 02:45 0 9 ` * 0 03:00 1 12 ` ` 1 03:15 0 7 ' ` ` 0 03:30 ` 0 8 ` ` > 0 03:45 ' D 11 • • > • . • r + D 04:00 ` 0 10 * ° 0 04:15 ` ` 0 12 ` ` 0 04:30 0 9 ` 0 04:45 ` 0 9 0 05:00 ` 0 10 ' ` ` 0 05:15 ` 0 11 ` ` 0 05:30 ` ( 0 7 ' 0 05;45 0 11 ` ` ` 0 06:00 ` 1 10 > ' > > 1 08:15 ` `~ 3 it ` ` ` 3 06:30 > 2 4 > > > > > i 2 06:45 4 6 ` ` ` ' ' j 4 07:00 8 4 > 8 07:15 ` 10 4 ` ` ` 10 07:30 ` 8 2 ` ` ` 8 07:45 13 2 ` ` ` ` ' 13 08:00 ` 10 2 ' ` 16 08:15 7 2 + * > > ' T 08:30 7 1 ` ` ` 7 08:45 11 1 ` ` ` 11 09:00 14 0 ` 14 09:15 5 3 ` ` ` ' S 09:30 * 8 0 ` ` ` 8 09:45 9 0 > > > 9 10:00 4 2 « > 4 10:15 5 0 S 10:30 1 3 ' 1 10:45 ` 5 1 I ` > > > 5 11:00 11 0 `~ ` 11 11:15 ` 5 0 S 11:30 ` 7 0 ;~ ` ` 7 5 8 2 9 5 4 7 17 5 i 9 9 12 7 8 11 10 12 9 9 10 11 7 11 10 11 4 6 4 4 2 2 2 2 1 1 0 3 0 0 z 0 3 1 0 0 0 0 Total 0 U 185 256 0 0 0 0 0 0 0 0 0 0 165 258 Day U 421 0 0 0 0 0 4'l1 Taal Splits D.0% 0.0% 39.2°/a 80.8°l0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0°fo D.U% D D% D.0% O.b°1° 39.2% 6D.8~. Peak 07:15 03:45 07:15 03:45 Vul, 41 42 41 42 _ t?.N_F~ __._.._.._..__..__ _._..__0.788 0.875 ~_ _ .._ ..._._. ____...._.._ ..0.788 0.875 ADT ADT 421 AADT 421 Weather:Sunrry Counted By:P Quarles Date Counted:ll/3/2009 TUESDAY 24 HOUR TE as Department of Transport. ~n Traffic Engineering SeGion Transportation pperation Ft. Worth Oistrlct Start 02-Nov-09 Tue ~ Wed Thu ~ Fri Sat ~ + Time A.M. P. M. A.M. P.M. A.M. P.M. A.M. P,M. A.M. P.M. A.M. P.M. 12:00 ' 3 31 12:15 4 23 12:30 1 33 12:45 0 27 01:00 ` 0 34 01:15 ` 1 30 01:30 ' D 38 01:45 1 25 02:00 1 25 02:15 ` 1 32 02:30 0 29 02:45 " 0 39 03:Q0 ` ` 0 31 03:15 ' 2 36 03:30 ` ` 1 53 03:45 ` 0 53 04:00 ' 2 40 04:15 ` 0 31 04:30 0 34 04:45 ` 0 48 05:00 ' " 2 51 05:15 ` ` 0 56 05:30 0 46 05:45 ` 1 54 06:00 1 55 06:15 ` ` 1 68 06:30 ` 1 68 06:45 ` 6 72 07:00 4 52 07:15 12 58 07:30 ` 12 48 07:45 23 46 08:00 ' ` 27 38 08:15 " 37 2d 08:30 41 18 08:45 ' 35 23 09:00 29 21 09:15 " ' 23 17 09:30 27 15 09:45 ` " 36 19 10:00 " ` 29 20 10:15 " " 21 12 10:30 ` 37 3 10:45 " 27 5 11:00 ` 29 6 11:15 " 31 4 11:30 3U 6 11:45 18 9 Page 1 Site Code: 30922 Station ID: 6019 L.D. LOCKETT RD FM3029 WB L.O. LOCKETT RO #2A Sun ~ Average Day A_M. P.M_ A.M. P.M_ a __. ~_ _ .. a __ __. 3 31 a 4 A 4 23 • ' 1 33 a a a a p 27 a a a a a a . r p 34 a . 1 30 " " ` • 0 38 ' r . a 1 25 • a • a r s • a ~ 1 25 « » a a a a a 1 32 • a r a a a . a a p 29 • • r a a a • a a 0 39 * ' ` " 0 31 a a a a , " 2 36 • • ' • r " " ' 1 53 ` ' " " 0 53 • • a a a a a 2 40 r a a a a a a 0 31 ' a ` ` ` ` 0 34 ` " ` " ` 0 48 a a 2 51 ' ` ` 0 56 a . a r a 0 46 ' ' ` 1 54 a a 1 55 a r a a a a , 1 6$ a 1 68 ' ` 6 72 ' " 4 52 ` ` ` " a 12 58 ` " ` ` 12 48 ` " ` ` 23 46 ' ` ` ` ` 27 38 ` " 37 24 • " 41 18 ` ` • " r " 35 23 ' ` ` 29 ?_1 • a 23 17 ' ` " ` 27 15 " " "' ` a ' ` 36 19 ~ ' 28 20 a a . r . a 21 12 • •~ ' • ` " 37 3 ` ` ' 27 5 a 29 6 a a .. 31 4 a a .~ 30 6 a a a! a 18 9 Total 0 0 557 1606 0 0 0 0 0 q 0 0 Day U 2163 0 U 0 0 Total Splits p.0% 0.0% 25.8% 74.2°!0 0.0% U.0% 0.0% 0.0% 0.0% U.0°k 0.0% 0.0% Peak 08:15 06:00 Vol. 142 263 P.H.F_T 0 866 0.913 AD7 ADT 2,163 AADT 2,163 U U 54/ 11)VO 0 2163 0.0°!° 0.0°!0 25.$°i6 74.2% 08:15 06:00 142 263 0.866 0.913 Weaiher:Sunny Counted By:P Quarles Date Ceunted:1113/2009 TUESDAY 24 HOUR THRU LANE TE ,s Departmen# of Transport. ~n Traffic Engineering Section Transportation Operation Ft. Worth District Page 1 Site Code: 30293 5tatlon ID: 15911 SB FM3029lPREC{NCT LINE RD EB BELSNIRE DR SB FM3029 #3A Start 02-Nov-09 Tue ~ Wed Thu Fri Sat ~ Sun Average Day r:...., n ~~ o ~a a 11A D AA a lu D AA d M P M A M P M_ A M_ P_M_ A.M. P.M. A.M. P.M. 12:00 ` ~ 15 145 ` ` ~ ~_ ` _-~ 15 145 12:15 ` 11 i 44 '" ` i t 144 12:30 7 122 ` 7 122 12:45 ` ~ 8 153 + + 8 153 01:00 2 121 ` ` ` 2 121 01:15 + 8 142 ` ` ` ` 8 142 01:30 8 168 ` ` 8 168 01:45 3 178 ` ` ` 3 178 02:00 ` S 147 ' 5 147 02:15 ' 5 115 ' ' ` S 115 02:30 ' 3 136 ` ` ` 3 136 02:45 ` 1 149 ` ` 1 149 03:00 ' 2 151 ` ' 2 151 03:15 ` 2 126 ` ` ` ` 2 126 03:30 ' ' 3 151 ` ' + 3 151 03:45 4 145 ' ` 4 145 04:00 0 158 ` 0 156 04:15 ` 2 167 ' ` 2 167 04:30 9 179 ` ` ` 9 179 04:45 ` 14 158 ` 14 158 05:00 10 198 ` ` ` 10 198 05:15 ` 15 199 . ' ` ' ` ' 15 199 05:30 ' 27 195 f ` ` 27 195 05:45 36 190 ` ` ` 36 190 08:00 61 159 ` ` ` ` ` 51 159 06:15 94 170 ` ` ` ` 94 170 06:30 ` 105 140 ` ` ' 105 140 06:45 ` ` 139 98 • + 139 98 07:00 ` 199 118 ` ` ' ` ' 199 118 01:15 238 99 ` ` 23$ 99 07:30 298 76 ` ` ` 298 76 07:45 276 7i ` ' ` ` ` ` 278 71 08:00 ' 229 51 + + + + ` + 2~ S 1 08:15 186 61 ` ` 186 61 08:30 ` ` 201 71 ` 201 71 0$:45 187 63 ' ~ ` ` ` ' 187 63 09:00 ` 205 56 ` ` 205 56 09:15 ` 151 68 ` ` 151 66 09:30 144 38 ` ` ` ` ` 144 38 09:45 ' 138 39 ` 138 39 10:00 ` 130 33 ` 130 33 10:15 132 30 ` ' ` ` ` 132 30 t 0:30 t 59 34 + ( ` ` 159 34 10:45 ` 146 19 ` ` ` ` ' j 146 19 11:00 ' + 129 17 ' I 129 17 11:15 ~I 129 16 ~ ~ *I ~ 129 i8 11:30 l27 11 ` ) ' ( !27 11 11:45 ` ` _------------._-~ 129 t 0 __-- _-. ` _____.__ __ ` '' ~_~.~ ' ' __~___-_ l ` ___.__ ._ . 129 10 10[21 U U 41ZL b1.81 V U V U U U U u u u y~cc aco~ Day 0 9403 0 0 0 0 0 9403 Total Splits 0.0°/n 0.0°/n 43,$% 56.2% U.0°1o 0.0% 0.0% O,U'/o 0.0°I° 0.0`Ye 0.0°Jo 0.0°!0 0.0°/u 0.0% 43.8°l0 58.2"/0 Peak 07:15 05:00 07:15 05:OU Vol 1041 782 1041 782 P.h6Fv 0,873__0.982 __ 0.873 ,,.0_982 ADT ADT 9,403 ARDT 9,403 W eather:Sunny Counted By:P Quarles Oate Counted:ll/312009 TUESDAY 24 HOUR LEFt' TURN LANE T~ ~s Department of Transport. ~n Traffic Engineering Section Transportation Operation Ft. Worth district Page 1 Site Code: 30293 Station ID: 15911 S8 FM3029/PRECINCT LINE RD EB BELSHIRE DR SB FM3029 #38 Start 02-Nov09 Tue Wed Thu ~ ~ ~ Fri Sat Sun Average Oay Time A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. A.M. P.M. 1 1 Total 0 0 567 569 0 0 0 0 0 0 0 0 0 0 567 569 Day 0 1138 0 0 0 0 0 1136 Total °lo5piits OA% OA% 49.9% 50.1% 0,0% 0.0°'0 0.0^/° 0.0%a 0.0% 0.0°/a OA% 0.0% 0.0% 0.0°I° 49.tJ% 50.1% Peak 07:00 02:45 07;00 02:45 Voi. 171 90 s 71 90 P.H.F._._ _ _ 0.910 0.900 __O.J10___ _0.90U ADT ADT 1.13ti AAOT 1,136 12:00 _ ` 1 _ ~1 - . , . ~ ~ 1 11 12:15 1 20 ` ` 1 20 12:30 ' ` 0 9 ` 0 9 12:45 2 7 2 7 )1:00 ` 0 8 0 8 )1:15 ` 1 10 ` 1 10 )1:30 0 18 ` ` 0 18 )1:45 ` 0 12 ` ` ` 0 12 )2:00 ` 0 17 ' ' ` 0 17 )2:15 0 18 ` ` ` ' ` ` ` 0 18 )2:30 ` ` 0 14 ` 0 14 )2:45 0 ' 2S . . . . 0 23 )3:00 ` 1 25 ` ` ` ` 1 25 )3:15 0 22 ` ` ` ` ` 0 22 )3:30 ` 0 20 0 20 )3:45 0 14 ` ` ` ' ` 0 14 )4:00 ` ` 1 14 ` ` ` ` 1 14 )4:15 ` ` 0 11 ' ` ` ` 0 11 )4:30 0 23 ` ' ` 0 23 )4:45 1 18 ' ` ` 1 16 )5:00 ` 1 18 ` ` ` ` ' 1 18 )5:15 2 24 ` ' ` ` ` 2 24 )5:30 ' 4 19 ` ` ` ` 4 19 }5:45 S 21 ` ` ` 5 21 )6:00 7 19 ` 7 i 9 )6:15 ` 9 14 ` 9 14 )6:30 ` 16 10 ` ` ` ' 16 10 )6:45 30 16 ` ` ` ` ` ` ' ~ 30 16 )7:00 ` 47 11 ' ' 47 11 )7:15 ` 46 16 ` a s 46 18 )7:30 39 9 ` ` ' ' ` ` 39 9 )7:45 ` 39 11 ` ` ` ' 39 11 )8:00 ` 45 8 ` ' 4S 8 18:15 ` ` 36 8 ` ` ' ` 36 8 18:30 ` ` 19 5 * ' 19 5 18:45 ` 25 9 ` ` ' ' ` 25 9 19:00 25 13 ` ` ` ` ` 25 13 19:15 30 4 ` ` 30 4 h9:30 14 8 ` ' I ` ` ; ~ 2 i9:45 17 2 ` ` ~ ' ` ` 0:00 6 2 ` ' ` 6 2 0:15 ` ' 12 2 ` 12 2 0:30 8 0 '~ 8 0 0:45 ` 12 1 ' ` 12 1 1:00 ' 20 0 ` ` ` ' ~ 20 0 1:15 13 1 ' ` ' ` 13 1 1;30 17 4 ' 17 4 1:45 ' ~ _ 15 2 _i . ______._._._ _.. _ ._ __.__.~_ _ ______._ _~ . _ 15 _ _. TE .s Department of Transport ~n Page 1 Weather:Sunny Trat'fic Engineering Section Counted By:P Quarles Transportation Operation Site Code: 30294 Date Counted:11/3/2009 TUESDAY Ft. Worth District Station ID: 4062 24 HOUR THRU LANE EB BELSHIRE DR FM3029 EB BELSHlRE DR #4A Start 02-No~09 Time A.M. P.M Tue . A.M. P.M Wad . A.M. PAM Thu . AvM. P.M Fri . A.M. P.M Set . A.M. P.M Sun . A.M. P.M Average Day .____A.M. P.M. 12:00 0 9 ` 0 9 12:15 0 5 0 5 12:30 ` 0 2 • 0 2 12:45 ` 0 6 . • r • 0 6 01:00 ' 0 3 ` + ` ` 0 3 01:15 + 0 4 + 0 4 01:30 0 5 ` 0 5 01:45 0 10 + 0 10 02:00 0 4 + 0 4 02:15 • 0 2 + ` + 0 2 02:30 0 7 + 0 7 02:45 + 0 3 0 3 03:00 + 0 3 + ` + ` 0 3 03:15 0 4 ' + + 0 4 03:30 0 2 + 0 2 03:45 + 0 g . • 0 g 04:00 0 3 + + + 0 3 04:15 0 1 0 1 04:30 + 0 g ` 0 6 04:45 0 4 ` ` " + ` ` ` 0 4 05:00 ` 0 6 + ` + ` 0 6 05:15 ` 0 3 + 0 3 05:30 1 5 ` 1 5 05:45 + + 0 S + + ` 0 5 06:00 ` 0 9 + 0 9 06:15 1 S . . + 1 5 06:30 0 3 ` ` 0 3 08:45 1 6 1 8 07:00 3 2 ` + 3 2 07:15 2 3 ` 2 ~ 07:30 + 2 1 + ` 2 1 07:45 ` 4 3 ` ` 4 3 08:00 + 4 2 + 4 2 08:15 * 2 0 + + 2 0 08:30 g 1 g 1 08:45 ` 4 3 + + 4 3 09:00 ` ~ 2 + . ~ 7 2 09:15 1 2 • • 1 2 09:30 + 4 1 ` ` .I 4 1 09:45 ` 5 1 + + S 1 10:00 + + 2 2 . 2 2 10:15 4 1 4 1 10:30 + 2 0 ` I 2 U 10:45 ` 5 0 . . • : 5 0 11:00 4 O + f 4 U 11:15 I 3 0' I 3 0 11:30 4 1 + ± 4 1 i I . + + _ ~ ~ _ _. -- -_ _. _3 _ _ .. _ Tatal 0 _.._.. _ ~. ~ _ _. 78 _ ..~ 158 0 0 0 0 0 0 ~ D ~ ~ 76 158 Day 0 234 0 0 0 0 0 234 Total Splits D.0% O.D°1o 32.5°!0 67.5% 0.0% 0.0% 0.0% 0.0% 0.0% O.U% 0.0°/n 0.0% 0.0°1o U.0% 32.5% 67.5% Peak 08:15 05:30 Vof. 21 24 _P.H.F. 0.656 .0.600 _ 08:15 05:30 21 ?.4 p.656 0.600 ADT ADT ?34 AADT 234 a "' City Hall ~°` ~ City of Colleyville 100 Main Street `~ ~Y~gi~` L Colleyville, Texas 76034 ''~'~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/15/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Secretary File Name: Review and discussion of the City Council Rules of Procedure Attachments: Resolution R-09-3183.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Review and discussion of the City Council Rules of Procedure Explanation This item provides an opportunity for City Council to review and discuss the Rules of Procedures and identify possible modifications. An item will be placed on a future City Council regular agenda for consideration of any proposed changes. City of Colleyville Page 1 Printed on 6/9/2010 RESOLUTION R-09-3183 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-08-2980 ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.09B OF THE CITY CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-08-2980, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.096 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business... ". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-09-3183 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. REPEAL 2.1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-09-3183. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, O NAYS AND ~ ABSTENTIONS, THIS THE DAY OF l 2009. ATTEST: -~~~ Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~`~-~ David Kelly Mayor Exhibit "A" CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.096 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of the Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the. City Council shall constitute a quorum. 2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council.. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. City Council Rules of Procedures Page 2 of 11 2.6 City Manager. The City Manager ,shall attend all City Council meetings unless expressly excused. The City Manager may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of .the City Council unless expressly excused and, shall upon request, give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or designated representative, during the course of daily affairs of the City. The City Attorney may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 City Secretary The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may .present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.11 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. City Council Rules of Procedures Page 3 of 11 SECTION III. TYPES OF MEETINGS 3.1 Regular Meetings_The City Council shall meet in the City Hall on the first and third Tuesday of each month at 5:30 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetings. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shat( be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting .exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". 3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetings. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the. City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions. or committees, meeting with civic organizations or a meeting for Councilmembers to research,- evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. City Council Rules of Procedures Page 4 of 11 The City Council may establish regular worksession meetings immediately prior to regular City Council meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City ,Council. The agenda for the Pre City Council meeting shall include, among other items: routine reports, information related to the regular agenda items and issues for which the City Manager seeks direction or clarification. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro Tem's absence, any other Councilmember to take the Mayor's place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. City Council Rules of Procedures Page 5 of 11 4.8 Written Correspondence. A citizen's request in the reading of a statement into the public record as part of a City Council agenda item is at the sole discretion of any member or all of the governing body. The City Council is not obligated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City Council public hearing. The City Council, any or all Councilmembers, may elect to provide for a reading of the correspondence, make reference indicating the general position of the correspondence, or pass over the correspondence. The correspondence is provided to City Council and is included in the City Council agenda packet. SECTION V. AGENDA 5.1 Preparation of Agenda. A. The order of business of .each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours proceeding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. -Executive Conference Room 2. Executive Session - 5:30 p.m. -Executive Conference Room 3. Call to Order - 7:30 p.m. -Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda City Council Rules of Procedures Page 6 of 11 11. Staff Reports 12. Reports of Advisory Boards, Commissions and Committees (to include written monthly status reports on all currently operating project/development committees) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation -five minutes b. Open Public Hearing c. Applicant introductory presentation -five minutes d. Citizen comments -five minutes each (Large groups supporting the same position may be asked to select a representative to speak- for the group) e. Applicant presentation -ten minutes f. Close Public Hearing g. City Council discussion and vote h. In the alternative, the item may be continued to a future meeting of the City Council: 1. If the City Council wishes to consider additional public testimony, the public hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shalt be delivered to the City Council by the Friday .preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Agenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from the City Council Rules of Procedures Page 7 of 11 Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations by City Manager. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or designated staff. 5.4 Citizen Participation at Meetings. A. Presentations by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be allowed to speak, provided prior to the consideration of the item, said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the .item .on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The- Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed speaker cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not On The Agenda". The presentation time period is as listed herein Section 5.4 A. City Council Rules of Procedures Page 8 of 11 SECTION VI. DECORUM AND DEBATE 6.1 Decorum and Debate. A. When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. B. No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. C. Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. D. Questions from speakers to the City Council with request for an immediate answer, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. E. Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. F. No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. City Council Rules of Procedures Page 9 of 11 G. The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. H. If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. Any individual of the public who shall disrupt the, City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS 7.1 Procedures for City Council Appointments. The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. A. Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Colleyville Communicator (if timely). Upon review of the Applications for Appointment, City Council will determine if interviews shall be conducted. If Council desires, interviews will be conducted prior to a City Council meeting, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session. If no applications are received or fewer applications than open positions are received, the City City Council Rules of Procedures Page 10 of 11 Council may fill positions from the floor or request the City Secretary to advertise the open position(s). In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. B. The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: a. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: b. The Mayor shall open the floor for nominations and if there are no nominations, the Mayor will call on each Councilmember for a nomination. c. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. d. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. e. Return to Step b and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS 8.1 Memorials. The following procedures are for honoring. deceased current or former City elected officials, deceased sitting board, commission or committee members, Colleyville Firefighters or Police Officers who die while in service with the City and other firefighters or police officers employed by other cities. A. Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, flowers or a plant will be sent to the memorial service and a sympathy card will be sent to the family. A Memorial Proclamation, honoring the official, will be sent to the memorial service or to the family. The City Manager's Office will coordinate the donation of a book, in which the official's name is inscribed on a book plate inside of the book, to the Colleyville Public Library, in an amount not to exceed $50.00. A letter from the Library Director will notify the family of the book donation. B. At no time, will City equipment be used- for the transport of a casket or in a funeral procession for elected or appointed officials. City Council Rules of Procedures Page 11 of 11 C. Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board,. commission or committee member, the Office of the City Manager will forward a sympathy card to the family. 8.2 Recognition by lowering of the United States Flag. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. Consistent with federal code, the City shall lower the Flag of the United States in honor of a Colleyville Firefighter or Police Officer who dies while in service with the City. The Colleyville City Manager, consistent with federal code, may lower the Flag of the United States for other firefighters or police officers employed by other cities. ~r`~"=,, City Hall ~ 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: 06/15/2010 Controlling Body: City Council Requester: Police Department Agenda No.: PC-3 Final Action: File Name: Discussion of the 2010 Community Oriented Policing Services (COPS) Hiring Program Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 06/15/2010 City Council Title Discussion of the 2010 Community Oriented Policing Services (COPS) Hiring Program Explanation The United States Department of Justice Office of Community Oriented Policing Services (COPS) recently opened the 2010 COPS Hiring Program (CHP) and will award $298 million to address the full-time sworn officer needs of state, local and tribal law enforcement agencies nationwide. This is an effort to increase agencies' capacity to engage in community policing. In 2010, the COPS Office will select COPS Hiring Program grantees from the existing pool of approximately 6,000 2009 COPS Hiring Recovery Program (CHRP) applications. The COPS Office will not accept new applications for the 2010 COPS Hiring Program, and expects to make fewer than 500 awards as there is a limited amount of funding available. The Colleyville Police Department submitted a COPS Hiring Recovery Program application in 2009 under CHRP, but did not receive funding. As a result, the Colleyville application was placed in a pending status and carried forward into Fiscal Year 2010 in anticipation of additional hiring funds being made available. The COPS Office will now consider the existing Colleyville application for funding under the 2010 COPS Hiring Program. CHP funding is similar to CHRP in that it will cover officer entry-level salaries and benefits for three years, has no local matching requirement, and requires the positions awarded be retained for a minimum of twelve (12) months at the conclusion of 36 months of federal funding for each position. CHP allows awarded funds to be used to hire new officers or to rehire officers who have already been laid off or are scheduled to be laid off on a future date, as a result of state, local, or tribal budget reductions. The Colleyville Police Department is in need of additional staffing and plans to update their 2009 application and submit it in the 2010 offering to the COPS Office in an effort to secure one entry-level officer position. This position would bolster patrol staffing and enhance the police department's ongoing community policing efforts. Only one officer position is being City of Colleyville Page 1 Printed on 6/10/2010 Agenda Briefing Continued pursued due to the reality that fewer than 500 awards will be given to approximately 6,000 police agency submissions. The Colleyville Police Department submission is for the one officer position that has been frozen in the General Fund budget for two years and predicated on the need to bolster the department's proactive community policing practices. The police department plans to submit the application prior to the June 16, 2010 deadline and it is expected the final awards will be announced within the next six months. City of Colleyville Page 2 Printed on 6/9/2010 ,:~~ ~ City Hall n 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: 06/15/2010 Requester: Parks and Recreation Agenda No.: PC-4 Department Controlling Body: City Council Final Action: File Name: Discussion of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III State Transportation Enhancement Funding Assistance Application submittal Attachments: Resolution R-06-2655.pdf Resolution R-09-3171.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/15/2010 City Council Title Discussion of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III State Transportation Enhancement Funding Assistance Application submittal Explanation In Fall 2009, the Texas Department of Transportation (TxDOT), through the North Central Texas Council of Governments (NCTCOG) issued a call for projects for funding through the State Transportation Enhancement Program (STEP). The Little Bear Creek Trail Extension and Cottonbelt Trail Phase III projects met the criteria for the call for projects and meets the City Council goals to develop, expand and promote leisure activity opportunities for citizens. Additionally, the 2010 Citizen Survey and the Parks, Recreation and Open Space Master Plan, ranked expansion of the trails system as a top priority. City Council adopted the Colleyville Pathways Plan with the City's number one priority being the Little Bear Creek Trail Extension, as it will connect a minimum of six Colleyville neighborhoods, two major city parks, and a variety of schools, businesses, and recreational activities. The trail will also create the ability to cross under SH26, which is crucial, allowing a safe, accessible crossing that joins Tara Plantation private trails, residential trails and the Colleyville Nature Center. Cottonbelt Trail Phase III is the final phase of the Cottonbelt Trail System, which will connect numerous cities, including Grapevine, Colleyville, Hurst and North Richland Hills. Phase I is complete in North Richland Hills and Colleyville. Phase II is nearing construction in the cities of Hurst and Colleyville. The trail will establish connection of existing trails within the City of Colleyville to the existing trail in the city of Grapevine at Big Bear Creek. City staff has continued to work with Halff Associates, Inc., TxDOT and Dallas Area Regional Transportation (DART) to complete the design of the trail within the funds allocated for Cottonbelt Trail Phase II. City of Colleyville Page 1 Printed on 6/11/2010 A enda Briefin Continued On November 2, 2009, the Parks and Recreation Advisory Board met and recommended submitting the STEP grant applications for Little Bear Creek Trail Extension and Cottonbelt Trail Phase III. At the November 17, 2009 Pre Council meeting, Council directed staff to proceed with submitting the funding assistance applications. On December 1, 2009, the City Council approved Resolution R-09-3171, the request to match grant funding for Little Bear Creek Trail Extension and Cottonbelt Trail Phase III. With an estimated total project cost of $2,000,381, the City's 20% matching share of the proposed Little Bear Creek Trail Extension grant application is $400,076. Funding options for these grants include Park Land Dedication Fund, current balance of $1,199,161, and Parks Tomorrow Fund, current balance of $1,160,091. Additionally, with an estimated total project cost of $1,575,237, the City's 20% matching share of the proposed Cottonbelt Trail Phase III grant application is $315,047. A total of $231,622 of the City's matching share is allocated in the Park Land Dedication Fund, $185,297, and Voluntary Park Fund, $46,325. Funding options for the balance of $83,425 include the Park Land Dedication Fund, current balance of $1,199,161, and the Parks Tomorrow Fund, current balance of $1,160,091. The applications were forwarded to TxDOT on December 11, 2009. In 2001 and 2006, the City applied for STEP grants for Little Bear Creek Trail extending from the Colleyville Nature Center to Sparger Park and for Cottonbelt Trail Phase III. The grant was not approved in 2001. In 2006, the City again, applied for the STEP grants and committed funding with the approval of Resolution R-06-2655. Unfortunately, the 2006 call for enhancement projects was cancelled due to lack of funding. The 2006 Regional Transportation Council (RTC) rankings placed Cottonbelt Trail Phase III 15 out of 27 and in 2009 it was ranked 7 out of 19. In 2006, the Little Bear Creek Trail Extension was ranked 26 out of 27 and in 2009 it was ranked 16 out of 19. During TxDOT's review of the City's grant application submittal for Little Bear Creek Trail, TxDOT requested a 14' pedestrian bridge crossing be included in the cost estimate. The City's application included an 8' pedestrian bridge, the same bridge size specified in the 2006 application made to TxDOT of which no objection was raised. A second, detailed TxDOT application review expressed eligibility concerns with the proposed 8' pedestrian bridge, noting it would not meet the minimum width standards for a shared use trail per the American Association of State Highway and Transportation Officials (AASHTO) design requirements. The City's application consultant, Teague Nall and Perkins (TNP), inquired with TxDOT on the reason for this request. That conversation resulted in TxDOT speculating an oversight occurred in not only 2006, but also with the mandatory submittal review by NCTCOG for project eligibility (made prior to the TxDOT submittal) and the initial TxDOT application review. TxDOT has afforded the City an extension to the current application review in order to submit a revised cost estimate. TNP consulted with Contech (Continental Bridge) concerning the cost of a wider, 80' x 14' pedestrian bridge. The wider bridge specification would increase the estimated line item cost from $94,080 to $190,000, an increase of $95,920. This increase, combined with TxDOT's administration 15% fee ($14,388) results in the overall project estimated cost increase of $110,308 (from initial budget of $2,000,380 to revised budget of $2,110,688) City of Colleyville Page 2 Printed on 6/11/2010 Agenda Briefing Continued With the City being obligated to 20% of the overall project cost, the $110,308 increase results in an additional $22,062 commitment by the City to achieve eligibility in its application for grant funding. If City Council approves the additional funding commitment, a Resolution will be required by TxDOT and will have to accompany the application resubmittal. The funds provided by this program are in the form of reimbursables. Up to 80% of eligible project costs can be reimbursed with federal funds. At least 20% of the project's allowable cost must be provided by the City, as the local funding match. The City is responsible to make payment for the entire project on a monthly basis and will be reimbursed through the State Transportation Enhancement Program for 80% of the entire project. The estimated local funds used for this project, if the application is awarded, will now be $422,138, because of the opportunity to receive funding for this priority project. With a new estimated total project cost of $2,110,688, the City's additional 20% matching share of the new proposed Little Bear Creek Trail Extension grant application is $22,062, for a total of $422,138. Funding options for these grants include Park Land Dedication Fund, current balance of $1,199,161, and Parks Tomorrow Fund, current balance of $1,160,091. City of Colleyville Page 3 Printed on 6/11/2010 RESOLUTION R-06-2655 A RESOLUTION REPLACING RESOLUTIONS R-01-1799 AND R-01-1800 AND APPROVING THE SUBMITTAL OF THE LITTLE BEAR CREEK TRAIL EXTENSION, COTTONBELT TRAIL PHASE III, SH26 LANDSCAPING ENHANCEMENTS AND COTTONBELT TRAIL LANDSCAPING EHANCEMENTS APPLICATIONS AND APPROVING LOCAL MATCHING FUNDS IN ANTICIPATION OF FUNDING ASSISTANCE FOR THE DESIGN AND CONSTRUCTION OF THE PROJECTS WHEREAS, the City of Colleyville supports the North Central Texas Council of Governments' Bicycle Transportation District (BTD) concept to assist the region in providing cost effective, cost efficient and safe intermodal access for bicycle and pedestrian traffic; and WHEREAS, the Little Bear Creek Trail Extension will serve to connect the Nature Center to Sparger Park and will serve to link neighborhoods to area business and shopping, to expand park accessibility to citizens; and WHEREAS, the Cottonbelt Trail Phase I I I will connect Cottonbelt Trail Phase I and Phase II and will serve to link the cities of North Richland Hills, Hurst and Colleyville; and WHEREAS, the SH26 Landscaping Enhancements will serve to improve the infrastructure and to beautify several medians, parking areas and driveways with ornamental grasses, shrubs and trees; and WHEREAS, the Cottonbelt Trail Landscaping Enhancements will serve to improve the infrastructure and to beautify trails, which will enhance business, retail and recreational opportunities; and WHEREAS, the City of Colleyville has allocated funding for the Little Bear Creek Trail Extension, Cottonbelt Trail Phase III, SH26 Landscaping Enhancements and Cottonbelt Trail Landscaping Enhancements and hereby commits to twenty (20%) local match for funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville adopts Resolution R-06-2655 approving the use of $1,151,820 to serve as the local match for the submittal of the Statewide Transportation Enhancement Program funding application. Resolution R-06-2655 Page 2 of 2 Sec. 2. THAT the City Manager is hereby authorized to execute all contracts and documents for which funding is appropriated for the projects. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, O NAYS AND D ABSTENTIONS ON THIS THE ~ DAY OF 2006. ATTEST: Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE ~~~~' -~ ~~~ David Kelly Mayor RESOLUTION R-09-3171 A RESOLUTION REPLACING RESOLUTION R-06-2655 AND APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR THE LITTLE BEAR CREEK TRAIL EXTENSION AND COTTONBELT TRAIL PHASE III AND APPROVING LOCAL ~ MATCHING FUNDS IN ANTICIPATION OF FUNDING ASSISTANCE FOR THE DESIGN AND CONSTRUCTION OF THE PROJECTS WHEREAS, the City of Colleyville supports the Texas Department of Transportation (TxDOT) through the North Central Texas Council of Governments (NCTCOG) for funding of the Transportation Enhancement Program; and WHEREAS, the Little Bear Creek Trail Extension will serve to connect the Nature Center to Sparger Park and will serve to link neighborhoods to area business and shopping and to expand park accessibility to citizens; and WHEREAS, the Cottonbelt Trail Phase III will connect Cottonbelt Trail Phase I and Phase II and will serve to link the cities of Grapevine, North Richland Hills, Hurst and Colleyville; and WHEREAS, the City of Colleyville has allocated funding for the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III and hereby commits to twenty percent (20%) local match for funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville adopts Resolution R-09-3171 approving an additional $483,501 to serve as the local match for the submittal of the Transportation Enhancement Program funding application. Sec. 2. THAT the City Manager is hereby authorized to execute all contracts and documents for which funding is appropriated for the projects. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF YES, NAYS AND !~ ABSTENTIONS ON THIS THE /s-'` DAY OF 2009. ATTES w nthia ingleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~,-~ M~L David Kelly Mayor r''`'te City Hall ~ 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: 06/15/2010 Requester: Finance Department Agenda No.: PC-5 File Name: Presentation of the Monthly Financial Report -May 2010 Attachments: May 2010 Monthly Financial Report.pdf History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 06/15/2010 City Council Title Presentation of the Monthly Financial Report -May 2010 Explanation The percentage of current year taxes collected through the end of May is 96.92% which is behind that collected as of May 2009. Sales tax revenue received in May decreased $7,133 or 2.33% under the amount received in May 2009. Six residential building permits were issued this month as compared to three issued in May 2009. Permit revenues are down $86,000 compared to the budgeted year-to-date projection. Fine revenues are $197,000 over the budgeted projection. Colleyville Center's revenues remain behind projections by over $38,000. The average amount expended by the General Fund departments at the end of May is 56.51 % of the total appropriation, versus 57.09% which was projected to be spent. Utility Fund Water usage decreased significantly as compared to the amount sold through May 2009. The average amount expended by the Utility Fund departments at the end of May 2010 is 52.81 % of the total appropriation, versus 53.18% which was projected to be spent. City of Colleyville Page 1 Printed on 6/9/2010 MONTHLY FINANCIAL REPORT -MAY 2010 GENERAL FUND FY 2010 REVENUE SOURCE BUDGET Current Taxes $10,226,024 Delinquent Taxes 72,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $10,353,024 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Others 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 Permit TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $828,667 125,000 352,000 122,000 45,000 126,000 225,000 $1,823,667 $2,561,375 72,000 $2,633,375 $452,487 54,151 34,180 44, 940 58,265 51,146 2,190 1,400 8,093 3,675 12,000 6, 800 $729,327 $825,000 45,000 23,124 $893,124 RECEIVED AS OF 5/31 /2010 $10, 024,155 49, 732 47,483 $10,121,370 $818,484 108,334 341,528 88, 710 33,135 87,199 234,709 $1,712,100 $1,219,155 55,705 $1,274,860 $231,431 28,300 21,675 25,414 27, 550 42,406 2,632 634 3,745 3,125 5, 800 7, 223 $399,934 $747,446 37,850 15,276 $800, 572 PROJECTED AS OF 5/31 /2010 $9, 975, 59 45,00 39,00 $10,059,59 $828,667 125, 000 352,000 91, 500 33,750 78,750 168,750 $1,678,417 $1,288,231 54, 000 $1,342,231 $301,658 36,101 22,787 29,960 38,843 34,097 1,460 933 5,395 2,450 8,000 4,533 $486,218 $550,000 38,000 15,416 $603,416 RECEIVED AS OF 5/31!2009 $9,375,439 70, 842 43,060 $9,489,341 $885,324 124, 579 476, 948 92,948 34,816 86, 799 169,911 $1,871,325 $1,288,231 53,298 $1,341,529 $254,108 31, 905 22,704 26,233 35,405 33,457 1, 748 732 4,645 2,700 8,363 3,809 $425,809 $529,194 38,100 14,688 $581,982 PERCENT CHANGE 6.92% -29.80% 10.27% 6.66% -7.55% -13.04% -28.39% -4.56% -4.83% 0.46% 38.14% 8.51 -5.36% 4.52% -4.97% -8.92% -11.30% -4.53% -3.12% -22.19% 26.75% 50.57% -13.39% -19.38% 15.74% -30.65% 89.62% -6.08% 41.24% -0.66% 4.00% 37.56% MONTHLY FINANCIAL REPORT -MAY 2010 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2010 AS OF AS OF AS OF PERCENT BUDGET 5/31/2010 5/31!2010 5/31!2009 CHANGE Re-zoning $4,645 $7,555 $3,097 $2,562 194.89% Plat Fee/Site Plan 4,450 2,733 2,967 4,562 -40.10% Board of Adjustment 1,313 750 875 625 20.00% Sale of Material 1,409 382 939 710 -46.15% Weed Mowing 7,500 7,205 5,000 2,523 185.57% Animallmpoundment 2,500 2,695 1,667 1,657 62.64% Ambulance 245,000 163,327 163,333 154,356 5.81% Recreation Program 184,900 77,438 93,000 92,899 -16.64% Non-Resident Fee Parks 21,900 21,440 21,900 22,840 -6.13% Field Use Charge 18,100 21,485 18,100 23,085 -6.93% Engineering & Inspection 10,000 3,966 6,667 934 324.60% Chgs & Reimbursements 200 0 133 0 0.00% Colleyville Center Rental 244,400 124,547 162,933 168,325 -26.01 Lot Drainage Insp Fee 7,000 6,875 4,667 5,375 27.91% TOTAL CHARGES FOR SERVICE $753,317 $440,398 $485,278 $480,453 -8.34% DARE Officer Reimb $89,792 $0 $0 $0 0.00% TOTAL INTERGOVERNMENTAL $89,792 $0 $0 $0 0.00% Sale of Surplus Property $3,000 $0 $0 $26,105 -100.00% Interest Income 100,000 22,185 10,000 110,773 -79.97% Miscellaneous 55,000 76,472 36,000 72,181 5.94% Use of Available Cash 1,683,238 0 0 0 0.00% Antenna Lease 30,208 71,097 36,000 35,658 99.39% TOTAL MISCELLANEOUS $1,871,446 $169,754 $82,000 $244,717 -30.63% Transfer from Utility Fd $816,297 $0 $0 $0 0.00% TOTAL TRANSFERS $816,297 $0 $0 $0 0.00% TOTAL GENERAL FUND REVENUES $19,963,369 $14,918,988 $14,737,156 $14,435,156 3.35% MONTHLY FINANCIAL REPORT -MAY 2010 TOTAL PERCENT FY 2010 THROUGH THROUGH INCREASE INCREASE BUDGET 5/31/2010 5/31/2009 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 96.92% 97.02% -0.10% -0.10% RESIDENTIAL BLDG PERMITS 73 51 41 10 24.39% COMMERCIAL BLDG PERMITS 10 7 2 5 250.00°/ PLUMBING/MECHANICAL PERMITS 1,100 665 720 (55) -7.64% ELECTRICAL PERMITS 350 239 242 (3) -1.24% CITATIONS ISSUED 11,500 9,822 7,377 2,445 33.14% CITATIONS APPEALED 350 415 439 (24) -5.47% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2010 THROUGH PROJECTED 66.67% OF THE BUDGET BUDGET 5/31/2010 EXPENDITURES YEAR COMPLETED REMAINING City Council $258,412 $109,933 $113,044 42.54% $148,479 City Manager 620,707 470,695 473,420 75.83% 150,012 City Secretary 284,775 160,448 163,094 56.34% 124,327 Finance 494,122 257,456 271,562 52.10% 236,666 Legal 118,960 70,185 79,306 59.00% 48,775 Engineering 440,482 256,974 265,747 58.34% 183,508 Economic Development 300,327 176,065 177,562 58.62% 124,262 Building Inspection 423,460 253,645 254,772 59.90% 169,815 Community Development 215,077 132,420 133,199 61.57% 82,657 Fire 5,037,762 3,524,568 3,531,302 69.96% 1,513,194 Police 4,404,179 2,646,455 2,659,850 60.09% 1,757,724 Parks 1,569,219 835,442 846,520 53.24% 733,777 Recreation 334,811 179,896 193,219 53.73% 154,915 Streets & Drainage 2,744,486 656,561 667,287 23.92% 2,087,925 Library 705,817 409,252 416,468 57.98% 296,565 Communications 164,722 94,885 96,419 57.60% 69,837 Colleyville Center 387,890 203,243 206,244 52.40% 184,647 Human Resources 242,339 141,815 142,689 58.52% 100,524 Municipal Court 276,394 163,960 165,303 59.32% 112,434 Fleet Maintenance 219,034 135,887 136,679 62.04% 83,147 Building Services 231,031 148,082 150,684 64.10% 82,949 Information Services 339,202 253,611 253,616 74.77% 85,591 Capital Equipment Reserve 150,000 0 0 0.00% 150,000 TOTAL EXPENSES $19,963,208 $11,281,476 $11,397,987 56.51% $8,681,732 MONTHLY FINANCIAL REPORT -MAY 2010 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2010 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 5/31/2010 5/31/2010 5/31/2009 CHANGE Water Sales $7,996,383 $3,300,427 $4,178,230 $4,232,374 -22.02% Sewer Sales 2,493,105 1,827,834 1,662,070 1,759,051 3.91 Sewer Installation 7,500 4,800 5,000 4,600 4.35% Water Installation 20,000 10,290 13,333 11,184 -7.99% Sewer Tie-on Charges 5,000 0 3,333 7,500 0.00% Engineering Charges 2,100 5,293 1,400 2,195 100.00% Penalties 167,985 115,544 111,990 113,205 2.07% Miscellaneous 15,000 25,597 10,000 11,305 126.42% TOTAL OPERATING INCOME $10,707,073 $5,289,784 $5,985,357 $6,141,414 -13.87% Interest Income $75,000 $9,880 $7,000 $87,065 -88.65% TOTAL NON-OPERATING INCOME $75,000 $9,880 $7,000 $87,065 -88.65% TOTAL INCOME $10,782,073 $5,299,664 $5,992,357 $6,228,479 -14.91% GALLONS OF WATER SOLD NUMBER OF WATER CUSTOMERS THROUGH THROUGH 5/31 /2010 5/31 /2009 881, 701, 900 1, 237,644, 500 8,950 8,934 TOTAL INCREASE (DECREASE) (355,942,600) 16 PERCENT INCREASE (DECREASE) -28.7 0.1 UTILITY FUND EXPENSES Administration Billing Operations Debt Service Transfer to General Fund TOTAL EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2010 THROUGH PROJECTED 66.67% OF THE BUDGET BUDGET 5/31/2010 EXPENSES YEAR COMPLETED REMAINING $215,694 $131,999 $133,276 61.20% $83,695 499,948 290,646 292,678 58.14% 209,302 8,079,590 4,319,845 4,356,301 53.47% 3,759,745 898,940 807,621 807,621 89.84% 91,319 816,297 0 0 0.00% 816,297 $10,510,469 $5,550,111 $5,589,877 52.81% $4,960,358 f ~' City Hall r r~ City Of Co~~eyvi~~e 100 Main Street Colleyville, Texas 76034 r." Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/15/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: Discussion of the June 15, 2010 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Discussion of the June 15, 2010 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 6/8/2010 ;.~ ~ c.r City of Colleyville 100 Mltain Street (f/ Colleyville, Texas 76034 ~~~~" Agenda Briefing 817.503.1000 www.cofleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 06/15/2010 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -June 15, 2010 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Consultation with attorney regarding regulation of off-premise alcohol sales Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Section 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 6/7/2010 RESOLUTION R-10-3237 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 15, 2010 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 BYA VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor '~-"` City Hall ~~''`` W h rii~ City of Colleyville 100 Main Street 1~~3~ Colleyville, Texas 76034 ,r,,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 06/15/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -June 15, 2010 Attachments: City of Colleyville Employee Recognition Years of Service.- April - June.pdf Employee Achievements -June 15, 2010.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentations Pastor Ricky Texada, Covenant Church, will donate $1,500 to Lieutenant David Swavey, Guns and Hoses Foundation, which benefits survivors of police officers killed in the line of duty -Mayor David Kelly and Police Chief Steve Dye In recognition of Michael Clardy for service on the Planning and Zoning Commission Recognition of employees' years of service Recognition of Employee Achievements Cify of Colleyville Page 1 Printed on 6/10/2010 City of Colleyville Employee Recognition Fiscal Year 2010 -Third Quarter Years of Service -April -June 1 Year CINDY APPLEBY Library CHAD BONHAM Police Department DERRICK CASTLEBERRY Police Department GILBERT RAMIREZ Colleyville Center PATTI TANAKA City Secretary's Office 5 Years RANDY BRIGHT Public Works CHUCK MAJORS Parks Department VICKI PALMER Library MARC RUSSELL Public Works TONI SHULTS Finance DANIEL TORTI Fire Department City of Colleyville Recognition of Employee Achievements DFW Parks and Recreation Directors Association Innovation Award for Maintenance MIKE ALMY and TROY CRAWFORD Parks and Recreation Concordia University Bachelor of Arts in Human Resource Management AMY SHELLEY Community Development 2010 Public Works Road-e-o 2010 Colleyville All-Around Equipment Operator 1St Place -Bobbing for Money 2"d Place -Pez Board Z"d Place -Cross Connection 3'd Place -Tool Time 3'd Place - Hitch n Go, with Robert Lynch 3'd Place -Overall: Cross Connection STEVEJALOVEC Public Works 2010 Public Works Road-e-o 1St Place -Cross Connection 1St Place -Overall: Cross Connection NORMAN KING Public Works 2010 Public Works Road-e-o 1St Place -Tool Time 2"d Place - Hitch n Go, with Robert Pinner 3'd Place -Pez Board 3'd Place -Bobbing for Money JON ESCAMILLA Public Works 2010 Public Works Road-e-o 1St Place -Scrambled Eggs 1St Place - Pez Board JAMES WATKINS Public Works 2010 Public Works Road-e-o 1St Place - Hitch n Go, with Jeremy Martin 2"d Place -Scrambled Eggs RAMON ORTIZ Public Works 2010 Public Works Road-e-o 2"d Place -Tool Time 2nd Place -Bobbing for Money 3rd Place - Hitch n Go, with Steve Jalovec ROBERT LYNCH Public Works 2010 Public Works Road-e-o 1St Place - Hitch n Go, with Ramon Ortiz 3'd Place -Cross Connection JEREMY MARTIN Public Works 2010 Public Works Road-e-o 2"d Place - Hitch n Go, with Jon Escamilla 3rd Place -Scrambled Eggs ROBERT PINNER Public Works RESOLUTION R-10-3238 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 15, 2010 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 June 1, 2010 b. Approval of the minutes of the City Council worksession of May 19, 2010 c. Approval of the minutes of the City Council worksession of May 20, 2010 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor "~" City of Colleyville `~ City Council Minutes -Draft r,~.:~. City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 1, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 1, 2010, at 5:33 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Judge James Ames, Fire Marshal Robert McKeown, Public Works Director Steve Chutchian, Senior Project Engineer Jeremy Hutt, Finance Manager Karen Hines, Court Administrator Karen Randolph, Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of Public Safety Regionalization Police Chief Steve Dye stated a proposal of public safety regionalization of the communications center and jail, with the cities of Southlake and Keller, was presented to City Council on May 19, 2010 and this is an opportunity to provide additional information and answer questions. Chief Dye introduced Police Chief Robert Finn of Southlake, Police Chief Mark Hafner of Keller and Mr. Greg Petrey, Executive Director of Tarrant County 9-1-1 District, who were available to answer questions. Discussion ensued regarding methods of public notification of the regionalization program, response time, level of service, contract terms and exit strategy. Mr. Greg Petrey, Executive Director, Tarrant County 9-1-1 District spoke regarding the proposed lease of the Colleyville Communications Center space as a permanent 911 back-up site for northeast Tarrant County, terms of the contract and the annual upgrade of communications equipment. City of Colleyville Page 1 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 Police Chief Robert Finn, Southlake, Texas, spoke regarding the transition to public safety regionalization, court process and fine and bond collections, response time, service level and answered questions of the City Council. Police Chief Mark Hafner, Keller, Texas, spoke regarding the advantages of public safety regionalization and answered questions of the City Council. Fire Marshal Robert McKeown spoke regarding the benefits of medical emergency dispatch services. Chief Dye spoke regarding the relocation of employees and the professionalism of staff during this process. It was determined an item will be placed on a future City Council agenda for consideration of the public safety regionalization contract with an implementation date of October 1, 2010. Chief Dye outlined the reasons the City of Grapevine is not a participant in the regionalization plan. PC-2 Update of the status of the SH26 Reconstruction Project Public Works Director Steve Chutchian provided an update of the Texas Department of Transportation's (TxDOT) SH26 Reconstruction Project, reviewed the Professional Services Agreement with Gateway Planning Group for additional financing to extend SH26 roadway improvements from Hall-Johnson Road through to Cheek-Sparger Road and the TxDOT Pass-Through Financing Program and answered questions of the City Council. Discussion ensued regarding the timeline for the utility relocation process. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding potential escalation of costs. City Manager Jennifer Fadden stated other pass through agreements with TxDOT have an escalation factor. The application is based on a certain amount of funding and then through the negotiation process with the commission, the escalation factor is added. Ms. Fadden further stated the risk belongs to the City, so any cost escalation from the point the contract is negotiated and agreed to with TxDOT, to the point of construction, is the City's responsibility. Any City of Colleyville Page 2 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 unforseen circumstances that arise during construction, from an engineering or environmental perspective is the City's responsibility. There is no opportunity to amend the contract to provide for a cost escalation. Ms. Fadden stated pass through financing is only one option the City is pursuing and it is not a given. The City is competing for finite funds along with every other city or county that made an application. Discussion ensued regarding a potential funding process through the Tax Increment Financing (TIF) District, the collapse of the TIF and the TIF incremental value. City Attorney Matthew Boyle stated the number one reason to create a TIF is participation by the school district; however, the school district participation cannot be altered, extended or increased. Chapter 380 of the Local Government Code provides better options for your portion of the increment for economic development or other purposes without limitations that apply to the TIF. It is easier to have more spending flexibility, more ad valorem tax dollars to invest. You have more flexibility outsied the TIF than inside the TIF. Discussion ensued regarding the life of the TIF. It was determined that a SH26 reconstruction project status report will be provided quarterly or as information is provided by TxDOT. PC-3 Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road It was determined this item will be presented during the June 15, 2010 Pre Council meeting. PC-4 Discussion of the comments from the public meeting for the Pleasant Run Road and John McCain Road Intersection Improvements Public Works Director Steve Chutchian provided information regarding citizen comments from the Pleasant Run Road and John McCain Road Intersection Improvements, design alternatives and answered questions of the City Council. Mr. David Washington, Vice President, Burgess & Niple, presented information regarding the proposed design of the intersection. Discussion ensued regarding the project timeline and traffic volume at completion of the project. City of Colleyville Page 3 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 PC-5 Discussion of changing the regular City Council meeting dates It was determined an item will be placed on the June 15, 2010 City agenda for City Council to consider changing the first regular City Council meeting of October 5, 2010, to Wednesday, October 6, 2010; the first regular City Council meeting of November 2, 2010 to Wednesday, November 3, 2010, due to the state and federal elections; the second regular City Council meeting of March 15, 2011, to Tuesday, March 22, 2011, due to the Grapevine-Colleyville Independent School District spring break. PC-6 Discussion of the June 1, 2010, City Council meeting regular agenda items Councilmember Muhm expressed interest in serving on a committee. Mayor Kelly adjourned the Pre Council meeting at 6:47 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 1, 2010, at 6:48 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle. and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville City of Colleyville Page 4 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 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 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 6:48 p.m. and reconvened at 7:31 p.m. INVOCATION: Pastor Carter Foster, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3232 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin announced. the Colleyville Public Library will begin the summer reading program "Bank on Books" June 12, 2010, 8 a.m. to noon, including breakfast, special storytelling with Daisy, music, refreshments, crafts and a visit with the summer reading mascot "Oink". A piggy parade will be lead by Mayor David Kelly, Oink and Daisy, the pot bellied pig, and Miss Piggy Lee. The library will host fun-filled events every Tuesday, Thursday and Friday from June 15 through July 29, including shows, movies, parties, exotic animals and magic shows, and the popular Chess Club, for ages 8 to 15 years, will meet on Wednesdays, 2:00 to 3:30 p.m. Mayor Kelly invited citizens to the Annual Colleyville Old Tyme BBQ Cook-Off June 4-5, 2010, which benefits Special Olympics. Festivities begin Friday evening with free food, musical entertainment and activities for the children at the Colleyville Center. The BBQ Cook-off will be held on Saturday, including aKids-Q Cook-off for ages 8 to 14 years at 2:00 p.m. with prizes being awarded to the best chef. Mayor Kelly presented a Proclamation to Ms. Mercedes Rios, a senior at Colleyville Heritage High School, in recognition of being named the 2010 UIL State Golf Champion. City of Colleyville Page 5 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 Ms. Rios expressed appreciation to family, friends and her coach for their support and encouragement. Coach Campbell stated she was honored to .coach Mercedes and spoke of her success and character. Mayor Kelly presented a Proclamation in recognition of the Colleyville Garden Club's participation in National Garden Week to Ms. Susan Taylor, President, Ms. Carol Wollin, Past President and Kathy Hoshi, board member. Ms. Taylor expressed appreciation the Mayor, City Council and staff for support of the Garden Club projects. Councilmember Wollin announced the June issue of 360 West magazine included a Father's Day article on Best Dads and Mark Fadden, husband of City Manager Jennifer Fadden was named "Best Dad". 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3233 4a Approval of the minutes of the regular City Council meeting of May 18, 2010 4b Approval of a construction contract with Estrada Concrete Company, LLC, for the 2010 Pleasant Run Trail Project, in an amount not to exceed $86,407, and authorize the City Manager to execute the contract 4c Approval to enter into an interlocal agreement to participate in the North Tarrant Regional SWAT (Special Weapons and Tactics) Team, and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-10-3233 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 Hall moved to remove Consent item 4b from the Consent agenda and consider separately and approve Resolution R-10-3233. Councilmember Wollin seconded the motion. Cify of Colleyville Page 6 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1751 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite C, Case ZC10-006 Mayor Kelly read the caption of Ordinance 0-10-1751. Mayor Pro Tem Ayers recused himself from consideration of this item due to a conflict of interest. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the distance between the German Deli business and school. Mayor Kelly clarified the German Deli is not .the the only business in the area to request a Special Use Permit to sell beer and wine; there are other businesses in the area selling beer and wine. Mayor Kelly moved to approve Ordinance 0-10-1751. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David- Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Abstain: 1 -Jon Ayers 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1752 Approval of a request for a Special Use- Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 Colleyville Boulevard, Case ZC10-007 City of Colleyville Page 7 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 Mayor Kelly read the caption of Ordinance 0-10-1752. Community Development Director Ron Ruthven stated the applicant is requesting a Special Use Permit for an auto repair shop because the ordinance previously providing for an automotive repair business on this site expired; the applicant is requesting the same provisions that governed the previous SUP to govern this SUP with an addition to allow the applicant to store personal vehicles on the site; the Planning and Zoning Commission approved the request with the additional stipulation that the business be allowed to be open from 8:00 a.m. to noon on Saturdays; and, staff recommends approval. 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 stated the ordinance, related to hours of operation, should read 8:00 a.m. to noon. Discussion ensued regarding the request to store vehicles outside of the building and the conditions that cause the Special Use Permit to expire. 6b 0-10-1753 Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC10-003 Mayor Kelly read the caption of Ordinance 0-10-1753. Community Development Director .Ron Ruthven stated the proposed amendments to the Future Land Use Plan, relate only to rezoning requests approved by the City Council since 2004 that differ from the land use designations on the Future Land Use Plan and amend the map where dispcrepancies exist and to relocate the future land use boundaries along property lines where possible. Mr. Ruthven further stated staff recommmends future rezoning requests that differ from the Future Land Use Plan be amended in conjunction with the approving ordinance allowing the rezoning request and staff recommends approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the process for amending the Future Land Use Plan. City of Colleyville Page 8 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 City Attorney Matthew Boyle clarified when a zoning ordinance is adopted, it immediately, upon adoption, amends the City's zoning map. Mr. Boyle further stated we are looking at the zoning map because the zoning map is updated and changed effectively as soon as a new zoning ordinance is adopted. This is a slightly different animal, which in a lot of places and in the Local Government Code, would call it the comprehensive plan. So, it is not unusual in any way for the comprehensive plan to lag back a little from the zoning ordinance amendments. Mr. Boyle further clarified when City Council approves a zoning change, it does not change this map; it changes the zoning map Councilmember Taylor. requested staff provide a Tax Increment Financing District map. 6c 0-10-1754 Amending Ordinance 0-91-838 Section 1 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment and deletion of Section 2 Mayor Kelly read the caption of Ordinance 0-10-1754. Finance Manager Karen Hines provided an overview of the proposed amendment to Ordinance 0-91-838 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding methods of payment for unpaid checks. Councilmember Hall requested debit cards be offered as an option to pay for unpaid checks. 6d 0-10-1755 Revising the City of Colleyville Investment Policy by amending Ordinance 0-03-1420 to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program Mayor Kelly read the caption of Ordinance 0-10-1755. Assistant City Manager and Chief Finance Officer Terry Leake provided an overview of the proposed amendment to the City of Colleyville City of Colleyville Page 9 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 Investment Policy to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program. 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 clarified the CDARS program allows the City to place a larger amount with a local bank and still be assured the City has the complete FDIC insurance on the entire amount. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3234 Consideration of appointments to the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-10-3234 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Economic Devleopment Corporation. Councilmember Hall nominated Councilmember Wollin. Mayor Pro Tem Ayers moved to approve Resolution R-10-3234, appointing Councilmember Carol Wollin and Mayor David Kelly to the Colleyville Economic Development Corporation with a term concurrent with their term on the City Council. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b R-10-3235 Consideration of an appointment to the Planning and Zoning Commission Mayor Kelly read Resolution R-10-3235 in its entirety. City of Colleyville Page 10 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 Mayor Kelly opened the public hearing. 8 9. There was no one present wishing to speak concerning this item. Planning and Zoning Commission Minutes -May 10, 2010 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 1, 2010 - Reading and Public Hearing -Resolution R-10-3236 Mayor Kelly read Resolution R-10-3236 in its entirety. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated and .moved to approve Resolution R-10-3235, appointing Mr. Don C. Davis to the Planning and Zoning Commission, Place 6. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA REPORTS: Public Works Director Steve Chutchian provided an overview of the funding and bid process for the construction contract with Estrada Concrete Company for the 2010 Pleasant Run Trail Project and stated staff recommends approval. Mayor Kelly opened the public hearing There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyvi-le Page 11 Printed on 6/9/2010 City Council City Council Minutes -Draft June 1, 2010 Discussion ensued regarding the length of the trail and the timeline for construction of quad gates improvements. Mayor Kelly moved to approve Resolution R-10-3236. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 11. ADJOURNMENT: There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn and Councilmember Wollin seconded the motion. Mayor Kelly adjourned the meeting at 8:22 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF 2010. City of Colleyville Page 12 Printed on 6/9/2010 ~`~ ~<, City of Colleyville 100 Main Street I"~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 ,,,~,,, www.colleyvil le.com City Council Worksession Wednesday, May 19, 2010 6:00 PM Executive Conference Room The City Council worksession was called to order by Mayor David Kelly on May 19, 2010, at 6:07 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Municipal Court Administrator Karen Randolph, Judge James Ames, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Human Resources Manager Elise Welborn, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Communications and Marketing Director Mona Gandy, Management Assistant Christine Loven, Information Services Manager Chris Pena, Desktop Support Specialist Steve Thompson and City Secretary Cynthia Singleton were also present. 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion. of regionalization of public safety communications and jail services Police Chief Steve Dye provided information regarding the proposed regionalization of public safety communications and jail services and answered questions of the City Council. Discussion ensued regarding communications equipment upgrades; prisoner care responsibilities; annualized costs; staff reorganization, salaries and benefits; Municipal Court procedures and proposed timeline for implementation. Judge James Ames spoke regarding the collection of fines and bonds. It was determined an item would be placed on a future agenda for consideration of public safety regionalization. City of Colleyville Page 1 Printed on 6/10/2010 City Council Worksession City Council Minutes -Draft May 19, 2010 2b Update of the General Fund and Debt Service Fund Financial Forecast Assistant City Manager and Chief Financial Officer Terry Leake provided an update of the General Fund and Debt Service Financial Forecast, the preliminary Fiscal Year 2011 revenue projections and answered questions of the City Council. City Manager Jennifer Fadden stated the City is anticipating an overall decrease in sales tax of about 8% in the current year; the Fiscal Year 2011 budget will not include increased expenditures in salaries or benefits; a balanced budget will be presented to City Council in August and the debt service schedule will include the first year payment on the new fire apparatus out of fund balance. Discussion ensued regarding the number of past and current successful projects in the City. 2c Review and discussion of agency support and in-kind services City Manager Jennifer Fadden reviewed the agency support and in-kind services, answered questions of the City Council and requested City Council direction regarding future support of the requests. Discussion ensued regarding the history of support to agencies, the structure of volunteer and paid staff hours provided to the community programs and benefit of services to the community. Economic Development Director Marty Wieder provided information regarding the correlation of a City's support of the local Chamber of Commerce and economic development. City Council requested information regarding services provided by Alliance for Children. Discussion continued regarding volunteer and paid staff hours during events. City Manager Jennifer Fadden provided a history of the City's support of the Trinity Railway Express (TRE). Discussion ensued regarding the benefits and services of the THE to the City of Colleyville. City of Colleyville Page 2 Printed on 6/10/2010 City Council Worksession City Council Minutes -Draft May 19, 2010 City Council requested staff provide recommendations for continued participation in or support of agency requests, in-kind sponsorships and city memberships in the proposed budget. 2d Discussion of health insurance renewal and bid process This item was not discussed. 2e Presentation and discussion of a long-term strategy to link Colleyville's wellness program and health benefits plan This item was not discussed. 2f Review and discussion of the City's retirement plan through Texas Municipal Retirement System This item was not discussed. 2g Review and discussion of the 2010 Compensation Analysis This item was not discussed. 2h Presentation of the 2010 Employee Opinion Survey Human Resources Manager Elise Welborn provided an overview of the 2010 Employee Opinion Survey results and answered questions of the City Council. 3. ADJOURNMENT: There being no further discussion, Mayor Pro Tem Ayers adjourned the worksession at 8:56 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2010. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 3 Printed on 6/10/2010 °"~°~ City of Colleyville r ~u~~~ Minutes -Draft ~;•..~. City Council Worksession City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vdww. col leyvi l l e. com Thursday, May 20, 2010 6:00 PM Executive Conference Room 2. 2a 2b 2c Presentation and discussion of regionalization of public safety communications and jail services This item was discussed during the May 19, 2010 City Council worksession. Update of the General Fund and Debt Service Fund Financial Forecast This item was discussed during the May 19, 2010 City Council worksession. Review and discussion of agency support and in-kind services This item was discussed during the May 19, 2010 City Council worksession. The City Council Worksession was called to order by Mayor David Kelly on May 20, 2010, at 6:04 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Police Officer Raymon Cannon, Police Officer Chuck Tinsman, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Community Development Director Ron Ruthven, Planning and Zoning Assistant Amy Shelley, GIS Specialist Sunny Lindsey, Colleyville Center Manager Lin Przybyl, Administrative Assistant Marilyn Gilbert, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Information Services Manager Chris Pena, Desktop Support Specialist Steve Thompson and City Secretary Cynthia Singleton were also present. PRESENTATION AND DISCUSSION City of Colleyville Page 1 Printed on 6/8/2010 City Council Worksession Minutes -Draft May 20, 2010 2d 2e Discussion of health insurance renewal and bid process Human Resources Manager Elise Welborn reviewed the projected Fiscal Year 2011 health insurance renewal rate; the current plan design; the bid process; stated staff will work with Cooper Corporate Solutions (Cooper) to negotiate with Aetna and other vendors for an acceptable rate; and, to analyze possible plan design changes to further reduce costs and answered questions of the City Council. Mr. Christian Moreno, Vice President, Group Benefits Consulting, Cooper, provided information regarding the bidding process, analysis of risk by vendors and plan design. Discussion ensued regarding the increase in insurance premiums. Mr. Rich Allen, Vice President Risk Analytics, Cooper, outlined strategies for reducing healthcare premiums. Discussion continued regarding pricing options and reducing healthcare costs. Presentation and discussion of a long-term strategy to link Colleyville's wellness program and health benefits plan City Manager Jennifer Fadden spoke regarding the goal of the Employee Benefits and Wellness Committee to tie benefits to wellness and to create a program that will reduce premiums based on employee health and commended the committee for their efforts to develop a proactive program. Planning and Zoning Assistant Amy Shelley and GIS Specialist Sunny Lindsey, co-chairs of the Employee Benefits and Wellness Committee, presented the long term strategy to link Colleyville's wellness program and health benefits plan and answered questions of the City Council. City Council requested information regarding peer city healthcare plans and that staff explore the HSA plan. Discussion ensued regarding the employee benefit premium cost, tier structure, new healthcare reform, the short-term and long-term effects of the wellness plan on costs, tobacco product affidavit and healthcare trends. City Council determined staff should proceed with implementation of the wellness program and health benefits plan, as presented, in August City of Colleyville Page 2 Printed on 6/8/2010 City Council Worksession Minutes -Draft May 20, 2010 2010. Mayor Kelly recessed the meeting at 7:24 p.m. and reconvened at 7:35 p.m. 2f Review and discussion of the City's retirement plan through Texas Municipal Retirement System Human Resources Manager Elise Welborn provided an overview of the City's retirement plan through Texas Municipal Retirement System (TMRS) and answered questions of the City Council. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the TMRS acturial funding methods and the acturial valuation for Colleyville. City Manager Jennifer Fadden stated the City's obligation to TMRS is fully funded. Discussion ensued regarding the structure of various retirement plans and creating a positive work environment. City Manager Jennifer Fadden stated the Employee Benefits and Wellness Committee will examine the current TMRS plan design for potential savings. 2g Review and discussion of the 2010 Compensation Analysis Human Resources Manager Elise Welborn reviewed the 2010 Compensation Survey and Analysis, recommendations and answered questions of the City Council. Discussion ensued regarding salary ranges, formula for salary increases, criteria for overtime and turnover rate. City Council requested a comparison of salaries with peer cities. City Manager Jennifer Fadden provided. information regarding the plan for a sustainable compensation strategy with a goal to attract and retain quality employees. 2h Presentation of the 2010 Employee Opinion Survey This item was discussed during the May 19, 2010 City Council worksession. City of Colleyville Page 3 Printed on 6/8/2010 City Council Worksession Minutes -Draft May 20, 2010 3. ADJOURNMENT There being no further business before the City Council, Mayor Kelly adjourned the meeting at 10:00 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 2010. City of Colleyville Page 4 Printed on 6/8/2010 ~=~°"> City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~:.;: Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1752 File Number: 0-10-1752 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/15/2010 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 Colleyville Boulevard, Case ZC10-007 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives.pdf Proposed Parking Area Ordinance 0-02-1370 Ordinance 0-03-1412 Ordinance 0-10-1752 History of Legislative File Version: Date: Acting Body: Action Text: 05/10/2010 Planning and Zoning Commission 06/01/2010 City Council 06/14/2010 City Council 06/15/2010 City Council Title Approval of a request for a Special Use Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 Colleyville Boulevard, Case ZC10-007 Explanation Second Reading and Public Hearing There were no speakers at the June 1, 2010 meeting. As was explained at the June 1, 2010 meeting, the Planning and Zoning Commission approved the request with the stipulation that the business be allowed to operate on Saturdays from 8:00 a.m. to 12:00 noon. This provision was not listed in the briefing for the first reading. The provision has been added to the draft ordinance. First Reading and Public Hearing Danny LaPier, owner and operator of Lone Star Collision, has submitted a request for a Special Use Permit (SUP) for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition on 2.0 acres located at 6804 Colleyville Boulevard. The applicant is requesting this SUP because ordinance 0-03-1412 expired on November 6, 2009. City of Colleyville Page 1 Printed on 6/7/2010 Agenda Briefing Continued (0-10-1752) The City Council originally approved an SUP for automotive repair and service with outside storage for this site with Ordinance 0-02-1370 on November 6, 2002. City Council then approved an amendment to the original ordinance with Ordinance 0-03-1412 on August 19, 2003. Previous ordinances for this property are summarized below: 1. Ordinance 0-02-1370: • The Special Use Permit shall apply only to Building B, as shown on the Zoning Exhibit attached as Exhibit "B". • The Special Use Permit shall become null and void seven (7) years from the date of approval. • The hours of operation shall be restricted to 7 a.m. to 7 p.m., Monday through Friday. • No overnight parking of vehicles shall be allowed outside the building. • All vehicles waiting for repair shall be parked to the rear of the building. • No storage of parts or containers shall be allowed outside the building. • The tilt wall portion of the building shall be repainted. The exterior surface shall be of a subtle or neutral color. Trim and accent areas may be painted and feature brighter colors, including primary colors, but not more than (10%) percent of the wall surface area. High intensity or fluorescent colors are prohibited. • All repair works shall be done inside the building. • Work shall not be performed on any vehicle larger than a 2-ton pickup truck. • No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. • The required 12-inch water line and fire hydrant shall be installed within one year from the date of approval of the special use permit. 2. Ordinance 0-03-1412 (the above apply with these changes): • The Special Use Permit shall become null and void on November 6, 2009. • Overnight parking of vehicles shall be allowed outside the building, provided that the vehicles are parked to the rear of Building B, as shown on the attached Exhibit "B". Vehicles such as boats, recreational vehicles and trailers shall not be parked or stored in the outside parking area. • Afire sprinkler system shall be installed in Building B prior to the issuance of a certificate of occupancy for any automotive repair use. The plans for the fire sprinkler system shall be reviewed and approved by the fire marshal. Existing Conditions. The subject property is currently platted as Lot 1, Block 1 of the Highway 26 Industrial Addition and is developed as an automotive repair shop. Building A is utilized as the office for the business and Building B is utilized as the auto repair portion of the business. Proposed Amendments. The applicant has provided a Statement of Planning Objectives that is attached to this agenda briefing. The applicant requests that the expiration date for the SUP be valid for the present owner as well as allow for the storage of personal property such as a boat, trailer and/or recreational vehicle (RV) to be parked on the rear portion of City of Colleyville Page 2 Printed on 6/7/2010 Agenda Briefing Continued (0-10-1752) the subject property. The applicant has indicated they currently do not own such property but would like to have the option to park those items upon purchasing in the future. However, staff does not recommend allowing the storing of such property on the subject property. Further, staff recommends that all of the requirements set forth in the previous ordinances remain the same except the expiration of the SUP. The SUP shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination fo the Certificate of Occupancy. Surrounding Zoning. The property located north of the site is zoned PUDR-Planned Unit Development Residential but is zoned to allow commercial uses allowed in the CC1-Village Retail zoning district. The property to the south is zoned ML-Light Manufacturing with a SUP for vehicle sales and accessories which was recently approved by City Council on February 2, 2010. The properties across Colleyville Boulevard are zoned ML-Light Manufacturing and are used for commercial purposes. The property to the west is zoned PUDR-Planned Unit Development Residential and is developed as single family residences. The lot immediately abutting this property to the west is used as private open space. Site Plan. The applicant has submitted a site plan indicating the proposed parking area. Master Plan. The request is compatible with the Colleyville Master Plan, which indicates commercial and retail uses for the subject property. Public Notification. Staff mailed notices to 15 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval at the May 10, 2010 meeting by a vote of 6-0. Summary. The proposed use of an auto repair shop complies with the future land use designations of the Colleyville Master Plan with the approval of a Special Use Permit. Given the fact that this Special Use Permit was previously approved by City Council, with special conditions, staff recommends allowing the use to continue, however staff does not recommend the storage of personal property such as a boat, trailer and/or recreational vehicle to be parked on the rear portion of the subject property. Financial Impact There is no financial impact to the City. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 3 Prinfed on 6/7/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Monterra Home Owner's Asso 6707 Brentwood Stair Rd Fort Worth TX 76112 1690 Tennison Pkwy Monarch Photographic Corp 1700 Tennison Pkwy Colleyville TX 76034 1700 Tennison Pkwy Pardo, Luis F 3028 En land Pkwy Grand Prairie TX 75054 1704 Tennison Pkwy Davis, Carol 3300 Spring Vatle Dr Bedford TX 76021 6900 Colleyville Blvd Colle ville Creme De La Creme 8400 E Prentice Ave Ste 1320 Greenwood Village CO 80111 6801 Colleyville Blvd Kasim, Akhtar M Etux Shannaz B 500 E Northwest Hwy Ste 100 Grapevine TX 76051 1617 Dou las Ave Monterra Home Owner's Assoc 6707 Brentwood Stair Rd Fort Worth TX 76112 1699 Tennison Pkw Monterra Home Owner's Assoc 6707 Brentwood Stair Rd Fort Worth TX 76112 1799 Tennison Pkwy Lone Star Collison Ltd, applicant 6804 Colleyville Blvd Colleyville TX 76034 6804 Colle ville Blvd The Wickham Family Ltd Prtnshp 261 N Roosevelt Ave Chandler AZ 85226 6617 Colle ville Blvd Norman Cla Properties Llc 6705 Colleyville Blvd Colleyville TX 76034 6705 Colleyville Blvd Bear Creek Furniture Llc 6800 Colleyville Blvd Colleyville TX 76034 6800 Colle ville Blvd Hart, Neil J & Sherrie D 6703 Colleyville Blvd Colle ville TX 76034 6703 Colleyville Blvd Hart, Neil Etux Sherrie 1600 Glade Rd Colle ville TX 76034 6525 Colle ville Blvd Colle ville Area Chm Commerce 6700 Colleyville Blvd Colle ville TX 76034 6700 Colle ville Blvd 3 J Green Limited Partnership 6620 Colleyville Blvd Ste 100 Colleyville TX 76034 6630 Colleyville Blvd Public hearing notices were mailed on Wednesday, April 28, 2010 by Amy Shelley. Statement of Planning Objectives LC~I~TE S'A'AR CQLLISION 6804 COLZ.EYVILLE BLVD. CQLLEYVILLIJ, TX 76034 PH. #~ 817_329-000? FA?i 817-329-0808 hear PL~nning and Zoning Comn~itttc, We would likc to amend the SUP for Ordinance 02-1370 as follows: • The SUP permitted to be valid as long as the present owner owns the building • Pexsonal property such as a boat, trailer and/or R~V be allowed to Lc parked on the back lot sincerely, nanny ~:~~~ Lar~~ Y.one Star Collision....'l`~here ~Ynt~ Alevays Talk To'r'he Owxicrsl .. - ~ Proposed Parking Area Submitted by Applicant EXHIBIT B -ZONING EXHIBIT N Cjpfe ~ fiCtbCM '~N, ~ ql ', 1 • . Ca~a~ed fbcch - i:.' Dro:n. d u. f . ~ ~ ~ ~ G/ ' a T ~ ~ ~' ~ ~~~ ~ '~' U, ~ ~. c ~ L yp• ~ '`. ~ o : ~ t i, t~1k. '1 BuildingB ~:~.. , o . a ` .n (,nF Fence ~ ~ ~ ~ . -u~ ~ r~ ~ A ~ . • CanC, Fbvinq • • eos ~ . J • Gher+ l.~n- fincr ~ J4~ ~cin. ~ U•~. ~ 6erG ~airi 7k+u5 p~~' J ... - - - _'" T " ~; ~ F1 ORDINANCE 0-02-1370 N ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF OLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR UTOMOTIVE REPAIR AND SERVICE WITH OUTSIDE STORAGE ON LOT 1, LOCK 1, HIGHWAY 26 INDUSTRIAL ADDITION; PROVIDING FOR THE IOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; UTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. REAS, an application for a Special Use Permit was filed by Johnny Stowe on September 3, 2002, under Case No. Z-02-025; and EREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and REAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and HEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Highway 26 Industrial Addition (6804 Colleyville Boulevard), by authorizing a Special Use Permit for Automotive Repair and Service with Outside Storage, subject to the following conditions: A. The Special Use Permit shall apply only to Building B, as shown on the Zoning Exhibit attached as Exhibit "B". B. The Special Use Permit shall become null and void seven (7) years from the date of approval. C. The hours of operation shall be restricted to 7 a.m. to 7 p.m., Monday through Friday. D. No overnight parking of vehicles shall be allowed outside the building. E. All vehicles waiting for repair shall be parked to the rear of the building. F. No storage of parts or containers shall be allowed outside the building. Ordinance 0-02-1370 Page 2 of 3 G. The tiltwall portion of the building shall be repainted. The exterior surface shall be of a subtle or neutral color. Trim and accent areas may be painted and feature brighter colors, including primary colors, but not more than ten (10%) percent of the wall surface area. High intensity or fluorescent colors are prohibited. H. All repair work shall be done inside the building. I. Work shall not be performed on any vehicle larger than a 2-ton pickup truck. J. No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. K. The required 12-inch water line and fire hydrant shall be installed within one year from the date of approval of the special use permit. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~ day of 2002. The second reading and public hearing being conducted on the ~ day of 2002. Ordinance 0-02-1370 Page 3 of 3 TTEST: ~~~ (Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE: onna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map r.~ ~}~-y ,-" ML CC-2 -- ~- _ _ _ , ~__ _ --a ~C ~` 1 i_ /~ -`~~~ ~ ors-„sa it ~ ' ' asa-rose ~ ~ ^~ ~/D-R ~YY; _. _ ~ -r'r ~ _ a~ ~..y._~ i , __ ~_ , ~ ._______ ___ , _ ~ T ~ ~ __ 5 _ . ~~°°- . ~ a~ ~. ~ - ____ ---- -~ _..-i ~- ML_ --. ~~;~ _ _.. _-_ j~ _~ -- _ _ ~ ~ 1- _ ~~ _____~ E _ __ -_ _ P_U C - -~- - asa„5r -T--- o-oz-*~s G _.. _.__.. __. ...__..__ f_ _.. y p~ _.. .1 i~ - _. _.. __._ _ _ __ - , 1 - ._ T- - _~._ _ _..- ~ ~ _. i Z ! ~ -- _ ~_ __- _,__ ~ 1 --1 ,__ --_, _._ Exhibit B Zoning Exhibit ^ . ~3 ( y Dote ~ E4 fkclona ~' ~ ~ ~, ( . _ N ~ - .._ - - ..._ ~- ~ Rip. ~ Boy - 3Gf o ~cn I 12~ Oro~n. ~ U•c~..8k ~.n ~ ~ ~ _ V ~. a - 00 C ~ ~~ci+Pd4+n*+ti ~` ~' ~ c e ~ ~ t 1 ilk, 1 . _ ' ~ ' Building B ,. : .X ~ Ctwcn L;~h fe~+ce ~ r ' ~ m ' ~ .~~ .z. . y ~ ~ ~ - cow: ~,.;~ ~ _ ~ /. ,~ ~ . ~sz ` ~ • - , _ ~ ~ GYa~ Link Fence i ' ~O Oran. d U-~• ik - ~ Gate U.1e1er t7'~+ar5 ~ ~ - ~:. y ' ~ ORDINANCE 0-03-1412 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-03-1370 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by Total Enterprise Inc., on June 11, 2003, under Case No. Z-03-014; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 1 of Ordinance 0-02-1370, is hereby amended in its entirety to read as follows: a. The Special Use Permit shall apply only to Building B, as shown on the Zoning Exhibit attached as Exhibit "B". b. The Special Use Permit shall become null and void on November 6, 2009. c. The hours of operation shall be restricted to 7 a.m. to 7 p.m., Monday through Friday. d. Overnight parking of vehicles shall be allowed outside the building, provided that the vehicles are parked to the rear of Building B, as shown on the attached Exhibit "B". Vehicles such as boats, recreational vehicles and trailers shall not be parked or stored in the outside parking area. e. All vehicles waiting for repair shall be parked to the rear of the building. f. No storage of parts or containers shall be allowed outside the building- g. The tiltwall portion of the building shall be repainted. The exterior surface shall be of a subtle or neutral color. Trim and accent areas may be painted and feature brighter colors, Ordinance 0-03-1412 Page 2 of 3 including primary colors, but not more than ten (10%} percent of the wall surface area. High intensity or fluorescent colors are prohibited. h. All repair work shall be done inside the building. i. Work shall not be performed on any vehicle larger than a 2-ton pickup truck. j. No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. k. The required 12-inch water line and fire hydrant shall be installed by November 6, 2003. I. Afire sprinkler system shall be installed in Building B prior to the issuance of a certificate of occupancy for any automotive repair use. The plans for the fire sprinkler system shall be reviewed and approved by the fire marshal. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with any zoning regulation contained in the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec 3. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND {T IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of J~~- 2003. Ordinance 0-03-1412 Page 3 of 3 The second reading and 2003. public hearing being conducted on the ~9~ day of ATTEST: l~-~t.. Cynthia Singleton, TRMC City Secretary Ci F OLLE Joe Hocutt Mayor AP VEDAS TO FORM AND LEGALITY: Ross Foster City Attorney EXHIBIT A -ZONING MAP ML ~,~ '~~ i .i % ~ ~~~ i / ' SJ~ ; __ \ ,~ ass-loss -'-_ ~ : ~ _~ L ~y~ ~ ~~ TV li P' `+c'J4' AG _ ,_ ., . i ~~M1~ - ---~ MLr_ ., _. PUR-C; __ _; i o-00 1271 [;~ , 1 __._... _.......__ _. _A/ -4 . .. ~+ _.-7 ...._ _ _ __ CC-Z ~; -- _ A~~ _ _,~-r< ~_ _ ~ _ q `yam. ,R AG --~ ---... _ 1. I_! I ; , ~ ~ ~ ~ur~~~ ~~ t -Ttcf~E N ~ ~ 1757- ~ ,. 0-02.135 ` ~ t=RatJcE~~ :' t - bttltiS ~ ~ ,, . .... _- .. tj. ~ "_. o-02-1327 f ~ ~ r _t.-~i ..~i _ 1 ~ ~ - 495-1072 y_~- -.e~ao. - r ~_ ~; EXHIBIT B -ZONING EXHIBIT i~ i --~-12"Oro;n. ~ U•~.~ ---`-Gho;r~ ink fence ' ~G-'n:n C.~nk Fence _vL_~1-J----- ' ~ - - -1-. Cdomp~ - 809 3Cof ~~ -Cn+ered ftx~a ~+ t~ ~Ik. i ~ ~ Building B ~ ~. ~ ~~`~'~ ~ . '° s o T ~' 4 ~~. S O. ~ Conc- F{winq ~ - 1• '~- ~ .dOl3.L~ Q,. ' - IQ~ Oro~n. ~ U•E. ~ Gote Water fYlcter5 ~ :~~. ~ . ORDINANCE 0-10-1752 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN AUTO REPAIR SHOP ON LOT 1, BLOCK 1, HIGHWAY 26 INDUSTRIAL ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC10-007; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-10-1752 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 2.0 acres on Lot 1, Block 1, Highway 26 Industrial Addition, depicted on the attached Exhibit "A" and Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall apply only to Building B, as shown on the Zoning Exhibit attached as Exhibit "B". b. The hours of operation shall be Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturday 8:00 a.m. to noon. c. Overnight parking of vehicles shall be allowed outside the building, provided that the vehicles are parked to the rear of Building B, as shown on the attached Exhibit "B". Vehicles such as boats, recreational vehicles and trailers shall not be parked or stored in the outside parking area. d. All vehicles waiting for repair shall be parked to the rear of the building. e. No storage of parts or containers shall be allowed outside the building. f. All repair work shall be done inside the building. g. Work shall not be performed on any vehicle larger than a 2-ton pickup truck. h. No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. Ordinance 0-10-1752 Page 3 of 4 This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. j. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. 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. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT 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. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-10-1752 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ~~D ~ 6y~~a ~ 1706 ~C: 1690 6904 68 05 690 0 ~° 1700 1704 TE~~ 1 S ~~ P ~ Site ~ ~ C ~_~ ~ T699 , ~ - _~ ° ~ 6801 ~ '160 1613 '. ~ '' _ ~"` ~`~-v--- ~_~70-1 0 ~' :cam^c " i7G[ ~ 1609 ~iL ~ y- r ~ ~f - -- Pt?DR III- 6700 1605 ~-,,:~Gu -^ g ., ~! ~ ~;r_ ~ . AIL ,> >; 6618 66 - - - : r ~ .. -,~,~4 1iL ~ ~:,~ . 661 c __i;_~ : ~ U 6614 ., ~/ 1, ' PL?DC 6 6525 6 660 ~' 6515 r,50~3 Exhibit "B" -Site Plan ~r r~~ City of Colleyville 100 Mtain Street Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1753 File Number: 0-10-1753 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/15/2010 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC10-003 Attachments: Current Future Land Use Plan Future Land Use 2025 Recommended Revisions.pdf Future Land Use 2025 With Recommended Revisions.pdf Ordinance 0-10-1753.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/10/2010 Planning and Zoning Commission 06/01/2010 City Council 06/15/2010 City Council Title Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC 10-003 Explanation Second Reading and Public Hearing There were no speakers at the June 1, 2010 meeting. First Reading and Public Hearing Staff is proposing amendments to the Future Land Use Plan contained in the 2004-2025 Colleyville Plan. Neither the Future Land Use Plan or Colleyville Plan has been amended since its adoption October 19, 2004. The proposed amendments relate only to rezoning requests approved by the City Council since 2004 that differ from the land use designations on the Future Land Use Plan. Staff is also proposing to amend the map where discrepancies exist and to relocate the future land use boundaries along property lines where possible. There are no actual future land use policy change recommendations included as part of this item. Staff recommends any future land use policy amendments be done in conjunction with a comprehensive review and wholesale update to the Colleyville Master Plan. Regarding future rezoning requests that differ from the Future Land Use Plan City of Colleyville Page 1 Printed on 6/10/2010 Agenda Briefing Continued (0-10-1753) recommendations, staff recommends the Future Land Use Plan be amended in conjunction with the approving ordinance allowing the rezoning request Authority for Master Plan. Chapter 211 of the Texas Local Government Code provides the authorization for municipalities to adopt zoning regulations, which states that zoning must be adopted in accordance with a comprehensive plan. A strong link between the comprehensive plan and the zoning action of a municipality is considered one of the best defenses to a legal challenge of a zoning case approval or denial, which explains why all City of Colleyville agenda briefings describing a rezoning request includes a statement of consistency or inconsistency with the comprehensive plan. The comprehensive planning document in Colleyville is the 2004-2025 Colleyville Master Plan, which was adopted by the City Council on October 19, 2004. Contained within the 2004-2025 Colleyville Master Plan is the Future Land Use Plan, which is a map indicating the future land use of all properties in Colleyville. Proposed Future Land Use Plan Amendments. A recommendation of the 2004-2025 Colleyville Master Plan is for the Planning and Zoning Commission and the City Council to periodically review, preferably on an annual basis, those zoning cases approved during the previous year and identify those cases where the zoning request was approved even though the requested zoning was determined to be inconsistent with the Future Land Use Plan. In reviewing the list of past zoning cases, there have been a total 91 zoning cases approved between October 19, 2004 and the end of 2009. Only seven of those approved zoning cases requested a zoning classification that was inconsistent with the Future Land Use Plan contained in the 2004-2025 Colleyville Master Plan. These seven rezoning cases are described as follows. 1. Case Z-06-001 was a rezoning request for a townhome project containing 124 residential units located near the intersection of Glade Road and Heritage Avenue. The Future Land Use Plan indicated approximately 40% of the proposed development as a future retail and office area, which is not consistent with the residential use of the proposed development. The remaining 60% of the development is located in a future residential area, which is consistent with the proposed development's residential use. 2. Case Z-06-012 was a rezoning request for a residential development containing 49 lots for detached single family dwellings and 25 lots for townhomes. This development is proposed for the 1600 block of Sanders Lane. The proposed residential project is not consistent with the Future Land Use Plan, which shows this area as a future office development. 3. Case Z-07-018 was a rezoning request fora 63-lot single family residential district, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail. The Future Land Use Plan depicted approximately 50% of the area in question be designated for office use, which is not consistent with the use indicated in the proposed development. The remaining 50% of the development is located in a future residential area, which is consistent with the proposed development's residential use. City of Colleyville Page 2 Printed on 6/7/2010 Agenda Briefing Continued (0-10-1753) 4. Case Z-08-008 was a request for a zoning change from AG-Agricultural and R40 -Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1B, Block 1 of the Tate Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road. The Future Land Use Plan designates the subject property for future retail and residential uses. Approximately 2.9 acres of land is designated for retail use. The portion designated for retail use is located along the southwestern portion of the property adjacent to Precinct Line Road. The remaining approximately 15.4 acres is designated for single family residential use. This rezoning request is consistent with the residential land use designation but does not comply with the retail land use designation. However, the applicant has added a 1.42 acre lot along Precinct Line Road that is proposed for CC2-Village Retail district uses. This leaves 1.4 acres that the Future Land Use Plan designates for future retail use as opposed to 2.9 acres prior to the applicant's revisions. 5. Case Z-08-017 was a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road. The Colleyville Master Plan designates the future use of this area for single family residential type uses. The proposed rezoning request is not in conformance with the Master Plan. 6. Case ZC09-004 was a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive. The Future Land Use Plan designates the portion of the subject property that was already zoned PUDC-Planned Unit Development Commercial for institutional uses. However, the portion that was zoned R40-Single Family Residential and subsequently rezoned to PUDC-Planned Unit Development Commercial is currently designated for single family residential uses. Therefore, the rezoning request is not entirely consistent with the Future Land Use Plan. 7. Case ZC09-008 was an approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard. The Future Land Use Plan designates the subject property for retail uses. The PUDC amendment changed the development requirements to allow office only on the back portion of the subject property while allowing retail uses on the properties with frontage along SH26. Therefore, the rezoning request is not entirely consistent with the Future Land Use Plan. The attached map details the areas where the changes are proposed. Staff has also prepared a draft ordinance for City Council consideration, which if approved, will authorize the update of the Future Land Use Plan to reflect the seven approved rezoning cases that were determined to be inconsistent along with the other minor changes. Approval of this action will keep the Future Land Use Plan current, be in conformance with State Law, assist in evaluating future rezoning requests, and provide improved customer service to the public City of Colleyville Page 3 Printed on 6/7/2010 Agenda Briefing Continued (0-10-1753) on the future development of Colleyville. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval at the May 10, 2010 meeting by a vote of 6-0. Financial Impact There is no financial impact to the City. Recommendation Approval City of Colleyville Page 4 Printed on 6/10/2010 ..i~ 3 J ~ =_ ~ ~ ~~ ^ .I ~ .. '""' _ C ` s 5c LL E _ ~ O c _ a .. -^ • ~ z, ,,: ,~ ,~ - - - - - .. : . k =- ..-r , _ - .., ~ ~ ___ --- ~--r ,-~ ~./ .~ C ....r ~~ ~ _ , 9' :- _ , ~I <~~~-, O , a~ I ~+ NO G.l \ ~ ~ ~ ' z u ~ m ~ NF ~ ~ ~' ~ o ~ R~r E a ~ ~ 1 ^ ~ ~ N m ~ AG qV~ J "d m N C C ~ _N> ~ ~ O O N C7 9q~ J ~ [~ a a ~ ~ n~ n h'+'~ CL~,~ y a ~ d I m m ~ ;~_g 1 O /'~/ ~ U U ~ ~ yJ g ~o9 nEa ~y t^r ~ ~ ,r ~ l' t~ o ~crigd$s m9 l0 a. ~ { V,~ ~ ~ i. y T.I. _ /~C~S O POOL RD ~ NRp ;, o~ o~ I ~ ~ ~ r~ , __ ~ ao t i ~ - ~ ~r <-~ , - ~ ; i ~' k. ~ •V ti Z i L >r~___ ~ ~ N ~~ J ~ J. IY (~ T7 i ~, l r ~,. ~. ~(~~~ ~-] ~~ t r l ~ ;~- W O U 0.7 ~liF _ o R 1 ~ T 1: -- U ca r IwgC ~ .,._ . (V O ~ ~ ~~ R Q J~ a BEDFORD RD n . r..~ g G i o U ~ PLEASANT RUN RD O ~ ~ ~ =' p i ~ ~ ~ 3i rr- 4 ' .; BRANSFORD RD "' ''' "r i .__~ F a = -, ~ i ti ..i ~ ~ i -_ i I~ '.~i t 1 r L. .a _. ~I'. f ~ i _~.~ 4 T I ~ ~ ~ L~~ ~ 1 ~~ ~~' 1 ~- ) _i ~~ ~ ~i Y :. - rE-l _ _ ,~ W ~ -~ it ~ I ._ _ ~ L T ~ ~ ~ ~ ,. ~~ ', ,~ ~ Iii J J ~ ~L ~ ~ -- o ,-* ~ ~ ~ Q~ o o~ PRECINCT LINE RD / ORDINANCE 0-10-1753 AN ORDINANCE AMENDING ORDINANCE 0-04-1483 BY APPROVING AN UPDATED FUTURE LAND USE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-04-1483 adopting the 2004-2025 Colleyville Master Plan on October 19, 2004; and WHEREAS, the City Council of the City of Colleyville desires to update the Future Land Use Map in order to remove discrepancies, match use boundaries with property lines where possible and update the designations for properties that have been rezoned since 2004 to uses that differ from the uses on the plan approved in 2004; 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 Ordinance 0-04-1483 is hereby amended by approving an updated Future Land Use Plan attached as Exhibit "A". Sec. 2. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-10-1753 Page 2 of 2 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ~ ~ ~~ _~ ~~ RAT ' F ~ ~ ~ U N L1. t9 O f0 <0 y J ^ o ~ ~ c T ~ C ~ v LL w .Y 3 y w ~. _ _ N JJ ~ I~ r.a C C 7 ~ N w V O Y ~ N r -~ J ~ ^ '1 F C C v 4 ~ ~ ~ ^ l i .L./ .. /,yc`~SO POOL RD ~'QO :.; _4 ~_ r~ ~~1 Q ~~ m U W V .~ ' ~ ~IIa~ ~' - n r-- i _~ 1~'. ~; . 1 - ^~ Q J 'O O J J ,~~ C C ~. i~~ PRECINCT LINE RD BEDFORD RD +~.°~ , BRANSFORD RD a ;''3,, W Q J z ~~~ v1 .~ 3 ~_°s~~~ B~SeA~~ ~ ~~ B.9 b ~' ~ ~ y 373 ~2 j 2 § r~ e ~ _ ms W C~ a Y W w U '~~i ~ ~,, N O N O ~ nt o~ 0 o` N o~ ,~ti U _.~ ,,, <_ .~ City Hall - r~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,T: Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1754 File Number: 0-10-1754 Version: 1 File Type: Ordinance Agenda Date: 06/15/2010 Requester: Finance Department Agenda No.: 5c Final Action: File Name: Amending Ordinance 0-91-838 Section 1 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment and deletion of Section 2 Status: Second Reading Attachments: Ordinance 0-91-838.pdf Code of Ordinances Section 2-27 and Appendix A Section D.2 and D.3.pdf Ordinance 0-10-1754.pdf Controlling Body: City Council History of Legislative File Version: Date: Acting Body: Action Text: 06/01/2010 City Council 06/15/2010 City Council Title Amending Ordinance 0-91-838 Section 1 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment and deletion of Section 2 Explanation Second Reading and Public Hearing There were no speakers at the June 1, 2010 meeting. The proposed ordinance was updated to include debit cards as a method of payment for returned checks. Once a payment for services is made using a credit card or debit card, the payment cannot be revoked without the City's approval. First Reading and Public Hearing Currently, when a check for a payment is returned by the bank to the City unpaid for any reason (account closed, non-sufficient funds, refer to maker, or stop payment), the City attempts to collect the funds from the maker of the check. Per the City Attorney, a returned check constitutes non-payment for a service. A letter is mailed to the maker of the check, stating the check was returned to the City unpaid and requesting payment of the unpaid check and the $15.00 returned check fee by United States currency or coin, certified check, cashier's check, debit or credit card. If the returned check remains unpaid after a certain number of days, or if a debit or credit card payment for a returned check is cancelled, the letter also states what type of action will be taken by the City. Depending on the payment purpose of the check, the action taken is disconnection of water service (utility bill payments), issuance of a capias warrant (municipal court citation payments), or suspension City of Colleyville Page 1 Printed on 6/11/2010 Agenda Brieting Continued (0-10-1754) of issuance of a certificate of occupancy (building inspection payments). As a point of reference, all surrounding cities disconnect water service when a check is returned by the bank for a utility payment. The ordinance regarding unpaid checks (0-91-838) was adopted in 1991 and was recently reviewed for updating, as the aforementioned policies and practices are not currently in ordinance form. A portion of the ordinance is contained in the attached Section 2-27 of the Colleyville Code of Ordinances. Section 1 b of the current codified ordinance states that "The City may refuse to accept any method of payment other than United States currency or coin, certified checks, or cashier's check if the payor has presented more than three separate checks, drafts, or instruments returned unpaid to the City by the City's depository within any twelve month period." The proposed revision to Section 1 b is: "The only method of payment for an unpaid check returned to the City is United States currency or coin, certified check, cashier's check, money order, debit or credit card." To incorporate the action to be taken if the check remains unpaid, anew section (Section 1 c) is proposed to be established with the following language: "In the event the check remains unpaid seven working days after notice is sent to the maker of the check, the following actions will be taken depending on the purpose of the check: discontinuance of water service (utility bill payments), issuance of a capias warrant (municipal court citation payment), and suspension of issuance of a certificate of occupancy (building inspection payments)." Additionally, Section 2 of Ordinance 0-91-838 is contained in the attached Colleyville Code of Ordinances Water and Sewer Procedures Manual, Appendix A Section D 2A and 3A. The language contained in Section D 2A and 3A duplicates language contained in the attached Section 2-27 of the Colleyville Code of Ordinances regarding unpaid checks. It is recommended that Section 2 of Ordinance 0-91-838 as contained in the Colleyville Code of Ordinances Water and Sewer Procedures Manual, Appendix A Section D 2A and 3A be deleted, and all references to unpaid checks now be contained in Section 2-27 of the Colleyville Code of Ordinances. The proposed Ordinance 0-10-1754 will delete Section 2 of Ordinance 0-91-838. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/11/2010 I 2 3 9 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 26 y'~~ ORDINANCE 0-91-838 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COLLEYVILLE CODE OF ORDINANCES BY ESTABLISHING SECTION 15 OF CHAPTER 1: OFFENSES AND MISCELLANEOUS PROVISIONS BY ENACTING A NEW ARTICLE I "FEE FOR UNPAID RETURNED CHECKS"; PROVIDING FOR CITY RIGHT OF REFUSAL TO ACCEPT CHECKS, DRAFTS OR INSTRUMENTS AS TENDER FOR AMOUNTS DUE THE CITY; AMENDING THE WATER AND SEWER POLICY AND PROCEDURE MANUAL FOR THE CITY OF COLLEYVILLE BY ENACTING A "FEE FOR UNPAID RETURNED CHECKS" FOR ALL INSUFFICIENT CHECKS AND PROVIDING FOR CITY RIGHT OF REFUSAL TO ACCEPT CHECKS, DRAFTS OR INSTRUMENTS AS TENDER AND FOR AMOUNTS DUE THE CITY; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Colleyville, Texas, upon full consideration of the matter, has determined that for the welfare of it citizens, it is desirable to establish a fee for checks, drafts, or instruments tendered to the City as payment for amounts owed which are returned through the City's depository as unpaid and uncollected funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That Chapter 1 Section 15 of the Colleyville Code of Ordinances is hereby established by the addition of a new Article I entitled "Fee for Unpaid Returned Checks" which shall read as follows: Section 15-1. Service charge on returned checks for non-sufficient funds. A. THAT there shall be a service fee of Fifteen Dollars ($15.00) per occurrence for all checks, drafts, or instruments tendered to the City as payment for amounts owed to the City which are returned unpaid through the City depository as uncollected funds, excluding any occurrence resulting from any documentable depository error or omission. Section 15-2. Method of payment on returned checks. A. THAT the City may refuse to accept any method of payment other than United States Currency or Coin, Ordinance 0-91-838 Page 2 5 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 26 Certified Checks, or Cashier's Checks in the event the payor has presented more than three (3) separate checks, drafts, or instruments returned unpaid to the City by the City's depository within any twelve month period." Sec. 2. That Section 3D (2) of the Water and Sewer Policy and Procedure Manual of the City of Colleyville, Texas be amended by establishing the fee charged for insufficient checks to be Fifteen Dollars ($15.00) regardless of when they are redeemed by the customer and that Section 3D be amended by adding thereto a part (3) regarding method of payment on returned checks. Sec. 3D (2). Service charge on returned checks for non-sufficient funds. A. THAT there shall be a service fee of Fifteen Dollars ($15.00) per occurrence for all checks, drafts, or instruments tendered to the City as payment for amounts owed to the City which are returned unpaid through the City depository as uncollected funds, excluding any occurrence resulting from any documentable depository error or omission. Sec. 3D (3) Method of payment on returned checks. A. THAT the City may refuse to accept any method of payment other than United States Currency or Coin, Certified Checks, or Cashier's Checks in the event the payor has presented more than three (3) separate checks, drafts, or instruments returned unpaid to the City by the City's depository within any twelve month period." Sec. 3. If any section, article, paragraph, sentence, clause, phrase or work in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, which holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 4. That all ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. Ordinance 0-91-938 Page 3 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AND IT IS SO ORDERED. '~ The first ding and public hearing being conducted on the J~ ?~j / day of , 1991. ,/J ~ ' The secon eadi g and public hearing being conducted on the / day of , 1991. th d~ ~ The thir eading and public e hearing being conducted on day of , 1991. ATTEST• CITY OF COLLEYVILLE La~~ada Johnson Chris Haw ins City Secretary Mayor AP,P VED A~ TO F ~ ~~, Ross T. Foster City Attorney AND LEGALITY: 26 CODE OF ORDINANCES -SECTION 2-27 Sec. 2-27. Fee for unpaid returned checks. (a) Service charge on returned checks. There shall be a service fee of $15.00 per occurrence for all checks, drafts, or instruments tendered to the city as payment for amounts owed to the city which are returned unpaid through the city depository as uncollected funds, excluding any occurrence resulting from any documentable depository error or omission. (b) Method of payment on returned checks. The city may refuse to accept any method of payment other than United States currency or coin, certified checks, or cashier's checks if the payor has presented more than three separate checks, drafts, or instruments returned unpaid to the city by the city's depository within any 12-month period. (Ord. No. 0-91-838, § 1, 8-20-91) CODE OF ORDINANCES APPENDIX A -WATER AND SEWER POLICIES AND PROCEDURES MANUAL SECTION D. 2 AND D. 3 2. Service charge on returned checks for nonsufficient funds. A. There shall be a service fee of $15.00 per occurrence for all checks, drafts, or instruments tendered to the city as payment for amounts owed to the city which are returned unpaid through the city depository as uncollected funds, excluding any occurrence resulting from any documentable depository error or omission. Editor's note: There is no subsection B. 3. Method of payment on returned checks. A. The city may refuse to accept any method of payment other than United States currency or coin, certified checks, or cashier's checks in the event the payor has presented more than three separate checks, drafts, or instruments returned unpaid to the city by the city's depository within any 12-month period. Editor's note: There is no subsection B. (Ord. No. 0-76-229, 4-6-76; Ord. No. 0-87-649, 6-15-87; Ord. No. 0-91-838, § 2, 8-20- 91) ORDINANCE 0-10-1754 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING ORDINANCE 0-91-838, SECTION 1, REGARDING METHOD OF PAYMENT ON RETURNED UNPAID CHECKS, AND REGARDING ACTIONS TO BE TAKEN ON RETURNED UNPAID CHECKS IN THE EVENT OF NON-PAYMENT OF THE RETURNED UNPAID CHECK AND DELETING SECTION 2, AND PROVIDING AN EFFECTIVE DATE WHEREAS, when a deposited check for a payment is returned to the City by the bank unpaid for any reason (account closed, non-sufficient funds, refer to maker, or stop payment), the City attempts to collect the funds from the maker of the check by mailing a letter to the maker of the check stating the check was returned to the City unpaid and requesting payment of the unpaid check with United States currency or coin, certified check, cashier's check, debit card or credit card; and WHEREAS, per the City Attorney, a returned check constitutes non-payment for a service, and if the returned check remains unpaid, action is taken by the City depending on the payment purpose of the check, such as disconnection of water service for utility bill payments, issuance of a capias warrant for municipal court citation payments, or suspension of issuance of a certificate of occupancy for building inspection payments, and this policy is not currently in ordinance form and the City Council desires to place this policy in ordinance form; and WHEREAS, Section 1 of Ordinance 0-91-838 currently states that "The City may refuse to accept any method of payment other than United States currency or coin, certified checks, or cashier's check if the payor has presented more than three separate checks, drafts, or instruments returned unpaid to the City by the City's depository within any twelve month period." and the desired revision to Section 1 is "The only method of payment for an unpaid check returned to the City is United States currency or coin, certified check, cashier's check, money order, debit card or credit card."; and WHEREAS, Section 2 of Ordinance 0-91-838 is contained in the Colleyville Code of Ordinances Waterand Sewer Procedures Manual, Appendix A, Section D 2A and 3A and the language contained in Section D 2A and 3A duplicates language contained in Section 2-27 of the Colleyville Code of Ordinances regarding unpaid checks, and it is desired by City Council that Section 2 of Ordinance 0-91-838 as contained in the Colleyville Code of Ordinances Water and Sewer Procedures Manual, Appendix A, Section D 2A and 3A be deleted and all references to unpaid checks now be contained in Section 2- 27 of the Colleyville Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-10-1754 Page 2 of 2 Sec. 1. THAT Section 1 of Ordinance 0-91-838 as contained in the Colleyville Code of Ordinances Section 2-27 (b) is revised to state "The only method of payment for an unpaid check returned to the City is United States currency or coin, certified check, cashier's check, money order, debit card or credit card." Sec. 2. THAT Section 2-27 (c) is established in the Colleyville Code of Ordinances providing that "In the event the returned check remains unpaid seven working days after notice is sent to the maker of the check, the following actions will be taken depending on the purpose for which the returned check was presented to the City: discontinuance of water service (utility bill payment (s)), issuance of a capias warrant (municipal court citation(s) payment), and suspension of issuance of a certificate of occupancy (building inspection payment)." Sec. 3. THAT Section 2 of Ordinance 0-91-838 as contained in the Colleyville Code of Ordinances Water and Sewer Procedures Manual, Appendix A, Section D. 2A and Section D. 3A be deleted, and all references to unpaid checks now be contained in Section 2-27 of the Colleyville Code of Ordinances. Sec. 4. THAT the effective date of this ordinance shall be upon approval. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. 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 ,.~ Y., "~ r •s:~ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-10-1755 File Number: 0-10-1755 Version: 1 Requester: Office of the City Manager File Type: Ordinance Agenda Date: 06/15/2010 Agenda No.: 5d Status: Second Reading Controlling Body: City Council Final Action: File Name: Revising the City of Colleyville Investment Policy by amending Ordinance 0-03-1420 to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program Attachments: City of Colleyville Investment Policy with proposed CDARS investment authorization.pdf CDAR'S Program /Rate Information Ordinance 0-10-1755.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/01/2010 City Council 06/15/2010 City Council Title Revising the City of Colleyville Investment Policy by amending Ordinance 0-03-1420 to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program Explanation Second Reading and Public Hearing There were no speakers regarding this item at the June 1, 2010 City Council meeting. First Reading and Public Hearing The Public Fund's Investment Act includes, as a permissible option, the purchase of certificates of deposit (CD's) through Texas banks that participate in the Certificate of Deposit Account Registry Service (CDARS) program. The CDARS program allows the purchase of CD's through a brokering bank in Texas; any amount above the exisitng Federal Deposit Insurance Corporation (FDIC) limit, less anticipated accrued interest, is placed with other banks in the CDARS network. The City would initiate a CDARS contract with a local bank, the local bank would place the funds in CD's througout the CDAR's bank network, and the local bank would send a monthly statement detailing CD's held, maturity dates and interest earnings. This funds placement in the CDARS network allows the local bank to retain the full amount of the CD deposit to be made available for community lending purposes. Two Colleyville banks are members of the CDARS program, NorthStar Bank and Worthington Bank. As the current investment policy does not permit the investment in the CDARS program, a revision to the City's Investment Policy is proposed (Permissible Instruments Section 9). City of Colleyville Page 1 Printed on 6/10/2010 Agenda Briefing Continued (0-10-1755) This information regarding participation in the CDARS program was presented to the Audit Committee at their May 4, 2010 meeting. Attached is information regarding the CDARS program and current rate information. While none of the surrounding cities are currenly participating in the CDARS program, it is being evaluated by staff members. Financial Impact Depending on market conditions, interest earnings on CDARS network CD's could be higher than interest earnings on Treasury notes and bills, agency notes, and local intergovernmental investment pools. Recommendation Approval City of Colleyville Page 2 Printed on 6/10/2010 CITY OF COLLEYVILLE INVESTMENT POLICY Policy It is the policy of the City of Colleyville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State of Texas statutes and City ordinances. Scope This investment policy applies to all financial assets of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Utility Fund Debt Service Fund Capital Projects Fund Voluntary Park Fund Sesquicentennial Fund Special Donation Fund Park Land Dedication Fund Crime District Fund Drainage Utility Fund Tree Preservation Fund Library Donation Fund Community Center Building Fund Recycling Fund Police Asset Forfeiture Fund Voluntary Library Fund TIF Fund Kidsville Maintenance Fund and any new fund created by the City Council, unless specifically exempted by the City Council. Objectives The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the City in managing its portfolio. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The City will also maintain sufficient liquidity to provide adequate and timely working funds. Return on Investments: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. The City investment strategy is passive and the portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen-week Treasury bills. This is considered a benchmark for riskless investment transactions, and therefore, is a minimum standard for the portfolio's rate of return. For bond funds that fall under the arbitrage provisions of the Tax Reform Act of 1986, the City will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The City designates the Investment Officers to be the City Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Director with the specific day-to-day performance of managing the funds of the City. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Employees shall disclose to the City of Colleyville and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: The investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. Funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year, investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of Colleyville. Prudence Investments shall be made with judgement and care -under circumstances then prevailing -which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person", which means the officer may not be an expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the City Council in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Council meeting. It is the policy of the City that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the City (City Manager and Finance Director and the Assistant to the Finance Director (acting in the Finance Director's absence)) shall be personally indemnified in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Director shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71st Legislature: Obligations of the United States or its agencies or instrumentalities; 2. Direct obligations of the State of Texas or its agencies; 3. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. Certificates of deposit issued by state and national banks and domiciled in the state that are: a. Guaranteed or insured by the Federal Deposit Insurance City, FSLIC or its successors; or b. Secured by obligations that are described by subdivisions (1) through (4) of this subsection, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. Invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. The investment pool maintains a stable asset value as defined in the Public Funds Investment Act; b. The investment pool maintains a AAA rating by one of the nationally recognized rating agencies; c. The investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. The investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. e. The eligible investments of the pool are as follows: obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, fully collateralized repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, and SEC registered money market funds authorized by the Public Funds Investment Act and rated in the highest category by at least one nationally recognized rating agency, reverse repurchase agreements with a term of no longer than 90 days. f. Include in its investment policy and/or operating procedures the following information: a description of eligible investment securities and unacceptable investments, a written statement on investment policy and objectives, a description of interest calculations, distribution, and treatment of gains and losses, security safeguarding, valuation collateralization and auditing, and a fee schedule. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with a safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollarweighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum of ten percent (10%) of the City's available funds. 9. Certificate of DepositAccount Registry Service (CDARS) deposited with a certificate of deposit issued by a depository institution that has its main office or branch office in this state that is selected by the investing entity pursuant to the requirements of Section 2256.010 of the Government Code. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City: Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements (Local Government Investment Pools which the City participates in may engage in reverse repurchase agreements if the term is 90 days or less) 5. No-load mutual funds other than SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio, which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. (4) Special Project or Special Purpose Funds The investment strategy for special projects or special purpose fund portfolio(s) will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The states final maturity dates of securities held shall not exceed the estimated project completion date. Funds in excess of defined construction payment schedules shall be limited to a maximum final maturity date of three years. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The City will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Percent Diversification by Instrument of Portfolio U.S. Treasury Obligations (Bills, Notes and Bonds), 100% U.S. Government Agency Securities, and Instrumentalities of Government Sponsored Corporations 75% Certificates of Deposit (CD's) Commercial Bank's 75% Local Government Investment Pool 75% Tri-Party Repurchase Agreement 75% SEC registered, no-load mutual fund 10% Investment Procedures The City shall enter the following agreements (if applicable): safekeeping, PSA repurchase agreements, wire transfer agreements, banking services contracts, and collateral/depository agreements. These contracts shall include the explicit delegation of authority to persons responsible for the transactions involving these agreements. No person except those designated in the contract may engage in any investment transactions. On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The City will accept the bid that provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision that was made regarding the investment. Qualified Institutions Annually, the City Council shall approve four financial institutions for investment purposes as recommended by the Finance Director. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City Council for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the City Council must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the City. Safekeeping All marketable securities purchased by the City shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the City Council, depository which pledged the collateral, and the third party custodian of the collateral. The City will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the City. Either the City Manager or the Finance Director must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's, Fitch ICBA, and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Director. The following percentages constitute the minimum market value for collateral instruments that are pledged for the City's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio 1. U.S. Treasury bills, notes, and bonds a. maturing within 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year 103% b. maturing in 1-5 years 107% c. maturing in more than 5 years 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 107% Revenue Bonds a. maturing in less than 1 year 105% b. maturing in 1-5 years 110% c. maturing in more than 5 years 115% Collateral shall be audited annually be the City's independent auditor and may be audited by the City at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax- exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the City is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the City will attempt to earn maximum allowable bond yield with market conditions permitting. Reporting Requirements The Finance Director shall issue a written report quarterly to the City Council concerning the City's investment transactions for the preceding quarter and describing in detail the investment position of the City as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end of the quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the City Manager and Finance Director. Training Requirements Both the Finance Director and Assistant to the Finance Director shall complete ten hours of training every two years as required by the Public Funds InvestmentAct. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. CDAR'S PROGRAM /RATE INFORMATION ~. r ~ ,+ } , r a ~' _ ~ ,.~t~ ~~ i~`r >r t~ t '3 ~ ~ ~(~ 9'' ~ ,,~ ~ ~ ; ~ ~~ ~ ~ ~ .1 l~. ,. 4 's ~ ter K.- ~: s r ~ .'~ ~~ r ~ `° t c '= ~' i '~ 4 I ~ r- .y ,'y ~ r ~ F~ ~ h° r 4 ~ ~ ~' ~ ~i? .. , ~t. ~ b, ~ _.i ~ ~ ~ ~ ti ~ . - ~.' ., _; .'-", , s~ ~v .~ s~~ ~ ~ __. ~ ..., . _. , CDARS: The Smart, Easy Way to Manage Public Funds With CDARS, you get: Get multi-million dollar FDIC insurance by working directly with just one bank.- any local bank that offers CDARS -and avoid the burden of tracking changing collateral values. I F Negotiate one rate for each CD maturity and enjoy the option of reinvesting them through a simple process.. _ _° ,. ~ ~, 9 Receive one easy-to-read statement summarizing ali your CD holdings. Now, through the CDARS® service, you can access multi-million dollar FDIC coverage on CD investments made through a single bank. This means that you can enjoy peace of mind knowing your funds are secure while avoiding the hassles associated with tracking collateral, requiring surety bonds, or working with multiple banks -and you can strengthen the community in the process. How does CDARS work? Banks that offer CDARS are members of a special network. When a public fund depositor places a large deposit with a network member, that bank uses the CDARS service to place your funds into CDs issued by other members of the network. This occurs in increments of Tess than the standard FDIC insurance maximum to ensure that both principal and interest are eligible far full FDIC protection. Other network members do the same thing with their customers' funds. With help from a sophisticated matching system, banks exchange funds with other members of the Network. These exchanges, which occur on adollar-for-dollar basis, bring the full amount of your original deposit back to each originating bank. As a result, member banks can make the full amount of your deposit available for community lending purposes (your money stays local!) and your public unit can access FDIC coverage from many banks while working with just one. What else should I know? The CDARS benefits of One Bank, One Rate, and One Statements"' help to reduce your administrative burden, especially during tax and financial reporting seasons. Also, your organization's confidential information remains protected. +,~£- i iJr+~':~ ~}riacir<)trt is svr??e~C)irrr etfc~ry cOtrJ,(y. r..f;y; ~,rJtl fc>~~.,J"J sfJ<>i~l£~ f tLt`:strc~ at+~. ~'e'ttj"r GC?i'iF;ti , Oi1r r1<::~c,~,,.`s <_rrr, c:/igr,~fe tc~:~ rY)(JtiJ-n)iifior) d011ur Ff~fC irtsur~~n£:~:,~, sty >:^~>~~ cJC>rr't !)av~ fc trr~cit` t~Jr~se t~c~rfst~)ntlr ctt~'~r~t~ir~~ c<.~It~~;c~r'C~1 t%~=jic',~; ~7?C~ [ta)('~ Eiji"n c1 dG'CL"-.'llf (i?tG'. rfJlS JS c7 ~tiDi~ dE:'c`9f` {t,>: tl"1:; C:~t/rliy' G1iii { !iS CO,•'t:ifi~Us.J?#fi; Oi.ll" tf7V~`3St(i)f'.rt( tir)i1<7f:S i'C:YjC ~`?c`3F'CiG1" t4%~1 i;'G hF'friC,f dc~Ck~'d ~~ ~jiC' `?`Ll~~ I~fti'1 ai)C? Gr`F'Cllf~ i?[ %l?[' ~"G£~2; c?i' (~7C~1!OYJ71'"7£,~/it c~J')CI OfJf ~l n)~ tS tF2'. E'.~ f~~ (O ~v'~u"~, can ot,"J~~r irnr~t~rfant rnatfers. - ~?~i!?l'tr~ ~fclClf~+; TI"BitSUP'Sr- f~b~}rr70 ~%OtJr)f,Y, ~~ Want to learn more? Please contact one of your representatives: Business DevelopmentAdvisors Tory Warrick, (866) 776-6426 ext. 3497, tuv_~~rricl:~~~lrrr'?rit;t~'IC~r_r.cT~f~s Miguel Segovia, (866) 776-6426 ext. 3384, r~::~r~c~v~sa~~~r~>r~~ ~=t~vr~r~k c~rrt, Regional Director Chuck McBrayer, (866) 776-6426 ext. 3432, rrYtc;t~rr3yu=~~d~~rO!Y~r;et~l~crk";corn If a depositor is subject to restrictions with respect to the placement of funds in depository institutions, it is the responsibility of the depositor to determine whether the placement of the depositor's funds through CDARS or a paRicular CDARS transaction satisfies those restrictions. Public fund deposits must be placed through a CDARS ReciprocalsM transaction to ensure that the total dollar amount is maintained by the financial institution that offers CDARS. Funds may be submitted for placement only after a depositor has signed a CDARS Deposit Placement Agreement with a member bank. CDARSS/09 registered service mark of Promontory Interfinancial Network, LLC. ~ ', i ~~ ;,r _~_~` .. ~, _. a- ~ 7 : 1 . i ~ ~ i~ Sr ~; '' < t i - e r .k s ~n'~F sXr9 11~ .fff ~_ c T r t'a'm 3"l'`-tr ai ~~~ ,~ .. ~-$d ,~r~?°,rS.. r.=:~#^,!'. , .. >~ . ~%~~ ~~P~-:~ a'..z~_.s^3.-.w~c_..~irnr`~r~ . ....,>v~;,., Using CDARS° for Public Funds In the State of Texas Summary: Signed into law by the Governor, Texas House Bill 256 allows Texas public agencies to invest their funds through Texas banks and thrifts offering the CDARS service. House Bill 256 (Signed by the Govemor, effective 9/1/2005) An act relating to investments in certificates of deposit by certain governmental entities. Be it enacted by the legislature of the state of Texas: Section 1. Section 2256.010, Government Code, is amended to read as follows: Sec. 2256.010. Authorized Investments: Certificates of deposit and share certificates. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office [state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or federal credit union domiciled] in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; (2) the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; (4} the depository institution selected by the investing entity under Subdivision (1) acts as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity; and (5) at the same time that the funds are deposited and the certificates of deposit are issued for the account of the investing entity, the depository institution selected by the investing entity under Subdivision (1) receives an amount of deposits from customers of other federally insured depository institutions, wherever located, that is equal to or greater than the amount of the funds invested by the investing entity through the depository institution selected under Subdivision (1). CDARS satisfies the FDIC's requirements for agency pass-through deposit insurance coverage. If a depositor is subject to restrictions with respell to the placement of funds in depository institutions, it is the responsibility of the depositor to determine whether the placement of the depositor's funds through CDARS or a particular CDARS transaction satisfies those restrictions. Public fund deposits must be placed through a CDARS Reciprocals"" transaction to ensure that the total dollar amount is maintained by the fnancial institution that offers CDARS. CDARS is a registered service mark of Promontory Interfinancial Network, LLC. 5/09 ?;i15 ~'. Cetuth~rtse Read, Sui,~~ <;GO • F;riir~gtor ~%^: d~ZC:'( (~te~' 7~f 642,E • i~roi n :hvc~rk c.:~±r Re rinted from TKO WALL STn~~T JOVnNAL. p THURSDAY, JUNE 9, 2005 v 20p5 Dow Jones ~ ConTpan~, Inc. dlt. Rights Reser-I~ed. Protecting Your X20 Million: Firm Raises Deposit Insurance By JANE J. KIn~ Some bank customers will soon be able to insure as much as $20 million. Promontory Interfinancial Network LLC plans to announce today that it will raise the amount of insurance coverage that customers can get on a certificate of de- posit,beginning next Wednesday. The limit has been $15 million, raised in March from $10 million. This will be the fifth time since the company began offering- the service in .Tanuary 2003 that it has raised the limit. The Arlington, Va., company, which runs adeposit-placement service, says it is raising the amount of insurance in re- sponse tostrong demand from municipal- ities, charities, trusts, businesses and other institutions looking to safeguard funds over which they have some fidu- ciary or other responsibility. Wealthy in- dividuals also have requested more insur- ance coverage for deposits above $10 mil- lion, according to the company. Ordinarily, savers' deposits are cov- ered by the Federal Deposit Insurance Corp. for as much as $100,000 per deposi- tor, per institution. Those who want to insure more than that would have to set up other types of accounts-such as indi- vidual retirement accounts, joint ac- counts or revocable trust accounts-or spread out their deposits across different banks. Savers who have uninsured depos- its could be at risk of losing their money in a bank failure. About~36.3% of domes- tic deposits were uninsured as of the end of March, according to the FDIC. Promontory breaks up large deposits into pieces of less than $100,000 and spreads the pieces among the more than 850 banks in its network. An individual with $1 million to deposit, for example, could take it to one of the banks in the network. Promontory would divide it into 11 CDs-so each CD would have less than 5100,000, allowing both principal and inter- est to be eligible for full FDIC coverage- and then place them at member banks. To the customer, though, the deposit would look like one CD, with one interest rate, one bank statement and one 1099 tax form. Currently, 80°l0 of the transactions are made by institutional customers. But the number of individual investors using the service-known as Certificate of Deposit Account Registry Service, or CDARS-is Promontory divides large deposits and spreads the pieces among network banks. expected to grow as the network of banks continues to expand and as more custom- ers get access to the service, says Prom- ontory Chairman and Chief Executive Eu- gene Ludwig, a former Comptroller of the Currency. On average, individuals park between $300,000 and $400,000 in CDARS CDs, while the average institu- tional customer holds about $3 million. Banks pay a fee to participate in the network and a transaction fee for each deposit placed through CDARS. There are no additional charges to consumers. Among the largest banks in the network are BB&T Corp. of Winston-Salem, N.C., and Chicago's Harris Bank, a unit of BMO Financial Group of Canada. Inves- tors can buy the CDs in six different ma- turities ranging from four weeks to three years. Other participating banks are listed at www.cdars.com. THE PUBLISHERS SALE OF THIS REPRINT DOES NOT CONSTITUTE OR IMPLY ANY ENDORSEMENT OR SPONSORSHIP OF ANY PRODUCT, SERVICE, COMPANY OR ORGANIZATION. Custom Repr(nts (609)520.4331 P.O. Box 300 Pr-nceton, N.J. 08543.0300. DO NOT EDl7 OR ALTER REPRINT/REPRODUCTIONS N07 PERMITTED #29940 DO~~ CURRENT INTEREST RATE COMPARISON TERM OF INVESTMENT CDAR'S CD 6 MONTH 0.60% 12 MONTH 0.75% 18 MONTH 1.00% 24 MONTH 1.15% TREASURY FHLB/FFCB NOTE AGENCY NOTES 0.20% 0.27% 0.40% 0.52% 0.65% 0.86% 0.92% 1.10% ORDINANCE 0-10-1755 AN ORDINANCE REVISING THE CITY OF COLLEYVILLE INVESTMENT POLICY BY AMENDING ORDINANCE 0-03-1420 BY ADDING TO THE LIST OF PERMISSIBLE INVESTMENTS THE CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS) WHICH PLACES CERTIFICATES OF DEPOSIT THROUGH TEXAS BANKS OFFERING THE CDARS SERVICE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville, Texas desires to add the ability to invest in the Certificate of Deposit Account Registry Service (CDARS) to place certificates of deposit through Texas banks offering the CDARS service by adding the CDARS service to the list of permissible investments included in the City of Colleyville Investment Policy as adopted by Ordinance 0-03-1420. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT "Exhibit A" of this ordinance is adopted as the City of Colleyville Investment Policy and it replaces "Exhibit A" contained in Ordinance 0-03- 1420. Sec. 2. THAT the effective date of this ordinance shall be upon approval. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. 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 CITY OF COLLEYVILLE INVESTMENT POLICY Policy It is the policy of the City of Colleyville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State of Texas statutes and City ordinances. Scope This investment policy applies to all financial assets of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Utility Fund Debt Service Fund Capital Projects Fund Voluntary Park Fund Sesquicentennial Fund Special Donation Fund Park Land Dedication Fund Crime District Fund Drainage Utility Fund Tree Preservation Fund Library Donation Fund Community Center Building Fund Recycling Fund Police Asset Forfeiture Fund Voluntary Library Fund TIF Fund Kidsville Maintenance Fund and any new fund created by the City Council, unless specifically exempted by the City Council. Objectives The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the City in managing its portfolio. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The City will also maintain sufficient liquidity to provide adequate and timely working funds. Return on Investments: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. The City investment strategy is passive and the portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen-week Treasury bills. This is considered a benchmark for riskless investment transactions, and therefore, is a minimum standard for the portfolio's rate of return. For bond funds that fall under the arbitrage provisions of the Tax Reform Act of 1986, the City will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The City designates the Investment Officers to be the City Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Director with the specific day-to-day performance of managing the funds of the City. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Employees shall disclose to the City of Colleyville and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: The investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. Funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year, investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of Colleyville. Prudence Investments shall be made with judgement and care -under circumstances then prevailing -which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person", which means the officer may not bean expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the City Council in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Council meeting. It is the policy of the City that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the City (City Manager and Finance Director and the Assistant to the Finance Director (acting in the Finance Director's absence)) shall be personally indemnified in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Director shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71st Legislature: Obligations of the United States or its agencies or instrumentalities; 2. Direct obligations of the State of Texas or its agencies; 3. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. Certificates of deposit issued by state and national banks and domiciled in the state that are: a. Guaranteed or insured by the Federal Deposit Insurance City, FSLIC or its successors; or b. Secured by obligations that are described by subdivisions (1) through (4) of this subsection, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. Invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. The investment pool maintains a stable asset value as defined in the Public Funds Investment Act; b. The investment pool maintains a AAA rating by one of the nationally recognized rating agencies; c. The investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. The investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. e. The eligible investments of the pool are as follows: obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, fully collateralized repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, and SEC registered money market funds authorized by the Public Funds Investment Act and rated in the highest category by at least one nationally recognized rating agency, reverse repurchase agreements with a term of no longer than 90 days. f. Include in its investment policy and/or operating procedures the following information: a description of eligible investment securities and unacceptable investments, a written statement on investment policy and objectives, a description of interest calculations, distribution, and treatment of gains and losses, security safeguarding, valuation collateralization and auditing, and a fee schedule. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with a safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollarweighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum of ten percent (10%) of the City's available funds. 9. Certificate of Deposit Account Registry Service (CDARS) deposited with a certificate of deposit issued by a depository institution that has its main office or branch office in this state that is selected by the investing entity pursuant to the requirements of Section 2256.010 of the Government Code. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City: Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements (Local Government Investment Pools which the City participates in may engage in reverse repurchase agreements if the term is 90 days or less) 5. No-load mutual funds other than SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio, which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. (4) Special Project or Special Purpose Funds The investment strategy for special projects or special purpose fund portfolio(s) will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The states final maturity dates of securities held shall not exceed the estimated project completion date. Funds in excess of defined construction payment schedules shall be limited to a maximum final maturity date of three years. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The City will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Percent Diversification by Instrument of Portfolio U.S. Treasury Obligations (Bills, Notes and Bonds), 100% U.S. Government Agency Securities, and Instrumentalities of Government Sponsored Corporations Certificates of Deposit (CD's) Commercial Bank's 75% 75% Local Government Investment Pool 75% Tri-Party Repurchase Agreement 75% SEC registered, no-load mutual fund 10% Investment Procedures The City shall enter the following agreements (if applicable): safekeeping, PSA repurchase agreements, wire transfer agreements, banking services contracts, and collateral/depository agreements. These contracts shall include the explicit delegation of authority to persons responsible for the transactions involving these agreements. No person except those designated in the contract may engage in any investment transactions. On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The City will accept the bid that provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision that was made regarding the investment. Qualified Institutions Annually, the City Council shall approve four financial institutions for investment purposes as recommended by the Finance Director. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City Council for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the City Council must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the City. Safekeeping All marketable securities purchased by the City shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the City Council, depository which pledged the collateral, and the third party custodian of the collateral. The City will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the City. Either the City Manager or the Finance Director must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's, Fitch ICBA, and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Director. The following percentages constitute the minimum market value for collateral instruments that are pledged for the City's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio 1. U.S. Treasury bills, notes, and bonds a. maturing within 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year 103% b. maturing in 1-5 years 107% c. maturing in more than 5 years 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 107% Revenue Bonds a. maturing in less than 1 year 105% b. maturing in 1-5 years 110% c. maturing in more than 5 years 115% Collateral shall be audited annually be the City's independent auditor and may be audited by the City at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax- exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the City is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the City will attempt to earn maximum allowable bond yield with market conditions permitting. Reporting Requirements The Finance Director shall issue a written report quarterly to the City Council concerning the City's investment transactions for the preceding quarter and describing in detail the investment position of the City as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end of the quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the City Manager and Finance Director. Training Requirements Both the Finance Director and Assistant to the Finance Director shall complete ten hours of training every two years as required by the Public Funds Investment Act. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. GLOSSARY AGENCIES -Federal agency securities and/or Government-sponsored entities. BENCHMARK - A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BROKER - A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT - A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's a typically negotiable. COLLATERAL -Securities, evidence of deposit, or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. DEALER - A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT -Delivery verses payment is the delivery of a security and there is an exchange of money after the delivery of the security. DISCOUNT SECURITIES -Non-interest bearing money market instruments that are being issued at a discount and redeemed at maturity for full face value, e.g Treasury Bills. DIVERSIFICATION -Dividing instruments among securities offering independent returns. FEDERAL CREDIT AGENCIES -Agencies of the Federal government set up to supply credit to various classes of institutions and individuals e.g.savings and loans, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) - A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL HOME LOAN BANKS (FHLB) -Government sponsored regional wholesale banks which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. 'The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) -FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. It a federal corporation and the largest single provider of residential mortgage funds in the United States. FNMA's securities are highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA) -Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations. Security holder is backed by the full faith and credit of the US Government. LIQUIDITY - A asset that can be converted quickly and easily to cash. LOCAL GOVERNMENT INVESTMENT POOL - An investment by local governments in which their money is pooled as a method for managing local funds. MARKET VALUE -The price at which a security is trading and could presumable be purchased or sold. MASTER REPURCHASE AGREEMENT - A written contract covering all future transactions between the parties to repurchase -reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY -The date upon which the principal or stated value of an investment becomes due and payable. MUTUAL FUND -An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by Securities and Exchange disclosure guidelines. PORTFOLIO -Collection of securities held by an investor. PRIMARY DEALER - A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to informal oversight. PRUDENT PERSON RULE -An investment standard outlining fiduciary responsibilities of public funds investors relating to investment practices. RATE OF RETURN -The yield obtainable on a security based on its purchase price or its current market price. REPURCHASE AGREEMENT - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. REVERSE REPURCHASE AGREEMENT -An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. SAFEKEEPING -Holding of assets (e.g. securities) by a financial institution. TREASURY BILLS -Anon-interest bearing discount security issued by the US Treasuryto finance the national debt. Most bills are issued to mature in three months, six months, or one year. The yields on these bills are monitored closely for interest rate trends. TREASURY BONDS -Long term US government debt securities with maturities of ten to thirty years. TREASURY NOTES -Intermediate term US government debt securities with maturities of one to ten years. YIELD -The current rate of return on an investment security generally expressed as a percentage of the securities current price. Appendix A CITY OF COLLEYVILLE BROKER/DEALER CERTIFICATION QUESTIONNAIRE 1. Name of Firm 2. Address 3. Telephone -National Local 4. Primary Representative /Branch Manager 5. Is your firm a primary dealer in U.S. Government securities? If so, how long? 6. Identify all personnel who will be trading or quoting securities to our City's employees. 7. Identify which personnel have read the City of Colleyville's investment policy. 8. Please indicate the current licenses of your representative(s) and attach a copy of their registration. Representative Name(s) License(s) 9. Have any of your public sector clients ever reported to your firm, its officers or employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10 percent of original purchase price on any individual security purchased through the firm? 10. Has your firm consistently complied with Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? 11. By what factor does your firm presently exceed the capital adequacy guidelines? 12. Please attach a sample of any confirmations or transactions reports that the City will receive after a transaction has occurred. 13. Does your firm participate in the S.I.P.C. insurance program? If not, what is the comparable alternative? 14. What percentage of your transactions failed last month? Last year? 15. Describe the precautions taken by your firm to protect the interests of the public when dealing with governmental agencies as investors. 16. Please attach a copy of your firm's most recent audited financial statements. (Condensed statements are acceptable) Appendix B (To be completed on your firm's letterhead) Texas Public Funds Investment Act Certification by Business Organization This certification is executed on behalf of the City of Colleyville, Texas ("the Investor"), and (name of firm) ("the Business Organization") pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code, (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor (Note: as such terms are used in the Public Funds Investment Act, chapter 2256, Texas Government Code) and 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor and 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the Investor's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the Investor's entire portfolio or requires an interpretation of subjective investment standards. Qualified Representative of the Business Organization Signature Name Title Date ~--'~='~, City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~~: Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1756 File Number: 0-10-1756 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/15/2010 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Information Provided by Applicant Site Plan Floor Plan Ordinance 0-10-1756 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/10/2010 Planning and Zoning Commission 1 05/24/2010 Planning and Zoning Commission 1 06/15/2010 City Council Title Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008 Explanation First Reading and Public Hearing Mariana Ruiz and Beatriz Rocha have submitted an application for a Special Use Permit (SUP) for a private preschool (Pre-K) and Kindergarten school located at 4309 Colleyville Boulevard. Existing Conditions. The subject property is currently developed as the Colleyville Assembly of God Church. Existing Zoning. The property is currently zoned CC2-Shopping Center. The proposed use of a private school is allowed with the approval of a SUP in any zoning district. Proposed Business. The private school is a bilingual Pre-K and Kindergarten for children whose first language is English. The proposed private school will occupy approximately 1,265 square feet of the existing 33,840 square feet of the Colleyville Assembly of God church. No new construction is being proposed with this request. City of Colleyville Page 1 Printed on 6/11/2010 Agenda Brietrnp Continued (0-10-1756) The proposed school programs will consist of ages 2 - 5 years with three Pre-K programs and one Kindergarten program ranging from 2 - 3 days a week to a full five day a week program. The proposed hours of operation are Monday through Friday from 9:00 a.m. to 2:00 p.m. with the option of an extended program to continue until 6:00 p.m. The proposed school is not affiliated with the Colleyville Assembly of God church and as such, it will be independently operated and leased by the applicant as a separate use from the church. The applicant has received the appropriate license as required by the state of Texas. The applicant is proposing to have a maximum of 43 students attending the Pre-K and Kindergarten school. Site Plan. The Colleyville Assembly of God Church consists of 33,840 total square feet and the proposed school intends to use approximately 1,265 square feet. A detailed floor plan has been attached to this agenda briefing. Parking. The applicant is proposing to utilize the existing parking spaces, which are more than adequate for the proposed use given that the church hours are offset from the school hours. Signage. Any additional signs will require a separate sign permit and are not included in this request. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use of a private school is allowed with the approval of a SUP. Adjacent Zoning and Development. Properties to the west are located within the city of Hurst and are undeveloped. The properties to the east are zoned R-MF-Multi-Family Residential and are developed as single family homes. The property to the south is zoned CC1-Village Retail and is undeveloped. The property to the north is zoned CC2-Shopping Center, undeveloped and owned by the church. Public Notification. Staff mailed notices to 29 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval at the May 24, 2010 meeting by a vote of 5-0. Summary. The property is developed as a church and the proposed use will be operated independently from the church use. Given that proposed private school hours will be off-set from the church hours, the parking and overall impact is sufficient for the proposed use. The proposed development complies with the future land use designations of the Colleyville Master Plan. City of Colleyville Page 2 Printed on 6/7/2010 Agenda Briefing Continued (0-10-1756) Financial Impact There is no financial impact to the City. Recommendation Approval, subject to the conditions in the draft ordinance. City of Colleyville Page 3 Printed on 6/7/2010 Location and Zoning Map ~11'1tSI119~123113?' 131, I207I211 215 4`~c~ 4431; \ 4404 ` 403 Site 45~J 4 4541 _, , ~1 4Gg 44 c CC1 ~~ u%~ 5 ~ T _`'~ 4 J 4 4109 4 ~~ 4 `\ '~ y \ ( 4349 -~ ~''1 X308 ~ 4;iiT-" `~ J \, ~ -1304 ~, 3 CCZ ~~~ ~. ~ ~ , 421 ~ "I.i7 CC1 '`' 4 ' ~ ~ 4.1,~~. ~ 2~ ^u 541 50!' C 9 x. ~~• 4305 i;11 ~ ~ R2~ S 18 300 304 308 312 400 404 40? 4 13 41 S 504 504 508 513 /' -`C'`~ ~ 41 t ~ ~ 4241 4115 4114 4115 4114 411.5 4114 4115 420- 4114 ~ 4113 4113 4112 4113 4112 411:3 4112 411.3 42,7 ` 4112 4111 10 4111 10 4111 4110 4111 4110 4109 Oa 41:39 4103 4148 4~ 4139 4109 ~ - =•04 419' 410a' 4107 4105 410? 4, ., 417 3"71 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Rudel, Chandi Lynn 112 Montreal Dr Hurst TX 76054 4400 Colleyville Blvd First Assembly Of God Ch Inc P.O. Box 98 Colleyville TX 76034 4401 Colleyville Blvd Tiffan Park Ha Inc 400 Count PI Colle ville TX 76034 4320 Tiffany Park Ln First Assembl Of God Ch Inc P.O. Box 98 Colle ville TX 76034 4309 Colle ville Blvd Chernoff, Alan Scott 400 Waterford Ln Colleyville TX 76034 400 Waterford Ln Rasmusson, Rick Etux Jan 1264 Harwood Rd Ste 200 Bedford TX 76021 404 Waterford Ln McCutchon, Helen 401 Waterford Ln Colle ville TX 76034 401 Waterford Ln Johnson, Johnn W Etux Linda 408 Waterford Ln Colle ville TX 76034 408 Waterford Ln Westlake Jv Inc P.O. Box 92519 Southlake TX 76092 4213 Colleyville Blvd Meaux, Duane E & Judy A Tr 405 Waterford Ln Colleyville TX 76034 405 Waterford Ln Marsicano, James D Etux Nancy 409 Waterford Ln Colleyville TX 76034 409 Waterford Ln Baumann, Dirk Etux Felicitas 413 Waterford Ln Colleyville TX 76034 413 Waterford Ln Morton, William P Etux Jan W 417 Waterford Ln Colleyville TX 76034 417 Waterford Ln Conle , John M Etux Margaret E 421 Waterford Ln Colleyville TX 76034 421 Waterford Ln Kni ht, Earnest G 21619 Old Highwa 105 Cleveland TX 77327 4205 Felps Dr Lon , Matthew W & Pai e L Long 412 Bridlewood N Colleyville TX 76034 412 Bridlewood North F ar, Joel E Etux Tamara W 408 Bridlewood N Colle ville TX 76034 408 Bridlewood North Ellis, James Jr Etux Eva F 404 Bridlewood N Colleyville TX 76034 404 Bridlewood North Spran , Chris I Etux Melinda L 400 Bridlewood N Colleyville TX 76034 400 Bridlewood North Fine, David Etux Cynthia P.O. Box 66 Colleyville TX 76034 312 Bridlewood North Yoakum, Mark Etux Pam 308 Bridlewood N Colle ville TX 76034 308 Bridlewood North Phelps, Michael Etux Karen 304 Bridlewood N Colleyville TX 76034 304 Bridlewood North Towne, Jeffre Etux Amy T 300 Bridlewood N Colleyville TX 76034 300 Bridlewood North Wie mann, Paula L 4118 Steeplechase Dr Colle ville TX 76034 4118 Steeplechase Dr Witsenburg, Gerrit Etux Lauren 4116 Steeplechase Dr Colleyville TX 76034 4116 Steeplechase Dr Ruthart, Iona P.O. Box 222 Colleyville TX 76034 4201 Felps Dr Merkle, Charles Etux Marileone 4114 Paddin ton Ln Colleyville TX 76034 4114 Paddington Ln Santosa, Teresa Etvir Philips 4115 Wellin ton Dr Colleyville TX 76034 4115 Wellin ton Dr Summers, Robert E Etux Lisa G 4114 Wellington Dr Colleyville TX 76034 4114 Wellin ton Dr Reid, James R Jr Etux Nancy A 4115 Steeplechase Dr Colleyville TX 76034 4115 Steeplechase Dr Mariana Ruiz, applicant 1022 Sam Hill St. Irvin TX 75062 applicant Public hearing notices were mailed on Wednesday, April 28, 2010 by Amy Shelley Statem ing Objectives s s P C A H N 0 ~ O S ~ H Economic Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 April 9`", 2010 Re: Statement of Planning Objective Spanish Garden School is a bilingual Preschool and Kindergarten for children whose first language is English. We are dedicated to teach and motivate children by developing major creativity, positive attitudes, high esteem and skills, all of this while having fun and learning a new language, Spanish. Missivvi Our mission is to be an educational institution that develops intellectual and emotional skills in children through a bilingual curriculum based on love and respect. Thus helping parents form independent, self-confident children who are capable of successfully facing the first stages of their lives. p~.ilosop~.s~ At Spanish Garden School we do not just teach, but we "Educate with love". Ot-rr C'iLrrriculNlM. We offer an age-appropriate bilingual curriculum to serve the needs of the children within each group, as well as their interests and developmental levels. The children have opportunities to: -Make choices and decisions; - Manipulate materials; -Use language in personally-meaningful ways, and -receive appropriate adult support and guidance. Our students grow through a bilingual program designed to love learning! Locatioyc Spanish Garden School will be located inside Assembly of God Church at: 4309 Colleyville Boulevard Colleyville, TX 76034 Phone: (817) 281-5465 ~Fota rs a.nc~ DG~t,S o f O~eration Spanish Garden School will be open Monday- Friday from 9:OOam- 2:OOpm with the option of an "Extended Program" which will run until 6:OOpm. Ar9e5 ~ ~ro9ra.yn5li't>aila~le Spanish Garden School will offer the following programs: A e Pro ram Da s Available 2 PreK-1 2 da / 3 da /Full Week 3 PreK-2 2 da / 3 day/ Full Week 4 PreK-3 2 day/ 3 da /Full Week 5 Kinder arten 3 da /Full Week *Parents can choose the number of days their children will attend Spanish Garden School. *Spanish Garden School is not affiliated with Assembly of God Church and is open to all children. ~-4axit~.uvn. Ga~acit~ Spanish Garden School will be renting a maximum of 5 rooms within Assembly of God Church. According to the Texas Child-Care Licensing the maximum capacity per classroom is the following: Classroom Maximum Ca acity 1 12 students 2 7 students 3 10 students 4 7 students 5 7 students TOTAL MAXIMUM CAPACITY: 43 Students For more information please contact us at (214) 704-2244 or at RegardsA :? N-~: Spa 'sh Garden choo Mariana Ruiz- Director/ Owner Beatriz Rocha- Assistant Director/ Owner Information Provided by Applicant A Bilingual Preschool & Kindergarten S P A N S H S C H 0 0 L ~aROEn u Mid l 4ii LtzV ~ ~- r ~,~#` .~. ~ ~. ~ ? i __ ~ oms 4 & 5 ~~~-: ~~ Floor Plan ~ X ,~ C W SJS ~(q pasn ~oN •c '°'v v SJIe;S L ff~~ C ~ N V ~ /. i V C W 7 Z o / .~ i V ~ ~ ~ ~ ~, m .a U '~ '~.~~ ~ ~,. °' s,JO}oaJ1Q ~ ~ ~, ~ O ~ ~' ~ >+ ~ ~ N U ~ ~ C M N ~ ~ ~ ~ ~ m N ~ L y ~ ~ ~ ~ ~ U~ ~ ~ ~ op ~ a c U r.+ Z 'Q o ~ ~ wooJyleg N ~ x ~ U ~° N S,l(~g C ;' wood _ ~' o ~ feoiueyoay~ ~' a ~ o ~ ~ wooly}eg ~ X ~ s,1J!;J W~ U ~ r~ ~ c ~ O ~ .c ~ ~ ~ L v = t a w N ._ ~ s;uapn;s L ~ ~ :~}+oede~ xe~ry F` ~ a ~ Z O UlOOJSSe~~ r- ~ ~ ~ Y ;? ~• ~ u a is N s;uapn;s ~ ~ 3 ~ ~ :~ioede~ xew ~ U a u~ooJSSe~~ Z ~ m ~- ORDINANCE 0-10-1756 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1 OF THE FIRST ASSEMBLY OF GOD ADDITION LOCATED AT 4309 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FORA PRIVATE SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC10-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-1756 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby the approval of a Special Use Permit by authorizing a private school on Lot 1A, Block 1, of the First Assembly of God Addition located at 4309 Colleyville Boulevard, as depicted on Exhibit «A„ Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a private school, as depicted in Exhibit "B", of the existing 33,840 square foot building, on the subject property. b. The hours of operation shall be Monday through Friday, 9 a.m. to 6 p.m. c. This Special Use Permit shall only apply to aPre-Kindergarten and Kindergarten private school. d. The maximum number of students allowed by this Special Use Permit is 43. e. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. f. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. 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 Ordinance 0-10-1756 Page 3 of 3 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shalt not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map a4e° 44~t j CC1 i 4400 .~O r " f! ~' tir ~. J ~, Site ~/ ,' _ =1C3 -~[f 11 t* U -ti~a 4su3 -,~4 =sca -~,,, 4_'13 ,~ CC1 s ~` / ..__. s~,, R2U ~~na 4,.• 4"0, ;11?. 42'] E I ~~` ='Od ~i~ ;~;,~ ~,aa ~~,~ ,,,-, =o~, <p4 30= ate 4tE ~~'~ s6~ sr6 ,12 its 41t$ 3t!~, 4t14 ~ ~1+5 4,14 41•r i 4114 4115 4114 ~tt3. 4'1 311:5 4'1~ 31'3 4"1 :: 41.3 `t•` a+n , [ 3111 at+t a.tc 3tt~ 4110 ~ 4104 . OB 11L9 4' 08 4105 4~^F ~~ 31:r.. ' 4tJ7 <IQ~i 4":O7 444@ 4i]? 4i _ 4t7 at = Exhibit "B" -Floor Plan FYI ~V ~ <, I ~i ._'s; _y~ .A s V f Q .~I}}f,,J [~~ j l _ ! ~ ~ I O~ e~ ~ ~ ;~ r!~ n. ~; '-' C) ~.,~ ~ ~ vs C.7 3 .n ~ ~ i r(} ~ ~ . ~ ~ ._.. _._ ~. tc7 .~I tom' S.~t3~ ~ uCt~}~ t .". F.a:`°i~ 1i04,1~~F'~ ,f•I`.D J ~ .i ~ ~, ~~~~ i U i rQ ~ u} 1 -_, f7 i __.. ._.... L... R, L T . ..~ _ i i [ ? ..~ ~~ r ~ ~' x ~ ~~ n ;' ; k 7 ~:~ :1 S ry .~ ~- U U iU M rt n n t j __ ~: . (i ..-_ y ~xa .. .. .. _ ki0 ,f ~ Y ^ V ~ ; . .a ~: Q q ~ ' n t i n n ~ c.•.> ! 3 ~ Cp ~ ~ i * T 0 r~. _ - 111{I 1~: f I ~' f! i s"~E°' 1 xFt"1 fiti c} '/7 . A l V '.1JU[l~ `f'1,) a (,~1 F / Tf t-. -, r !Y ~ I" ~ ~ 113<.:i: i'tiSE:I' j w '.1 L 7 ~ C ~' :3.i i ~• r ii _' ` "' °: ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 r,,.,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1757 File Number: 0-10-1757 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/15/2010 Controlling Body: City Council Requester: Police Department Agenda No.: 6b Final Action: File Name: Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) Attachments: 2011 CCCPD Budget.pdf Ordinance 0-10-1757.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) Explanation First Reading and Public Hearing In accordance with the Local Government Code, the Colleyville Crime Control and Prevention District (CCCPD) Board, which is comprised of the City Council, shall propose an annual budget. The budget must contain a complete financial statement, including a statement of outstanding obligations; the amount of cash on hand; the amount of money received by the district during the previous year; the estimated amount of money available to the district; the amount of money needed to fund approved programs; the amount of money requested for programs that were not approved; the tax rate for the next fiscal year; the amount of the balances expected at the end of the year in which the budget is being prepared; and the estimated amount of revenues and balances available to cover the proposed budget. The following FY 2011 CCCPD Budget was presented to the CCCPD Board of Directors at the CCCPD Budget Worksession on May 20, 2010 and approved at their meeting on June 15, 2010. Financial Impact The CCCPD's projected revenue for FY 2011 is $1,191,199 including a draw down of available cash of $242,059 and expenditures of $989,618. Proposed expenditures are: Estimated Beginning Fund Balance for the FY2011 $ 736,876 Revenues: 'h Cent Sales Tax $ 944,350 City of Colleyville Page 1 Printed on 6/11/2010 Agenda Briefing Continued (0-10-1757) Interest Income $ 4,790 Use of Available Cash $ 242,059 TOTAL REVENUE $ 1,191,199 Expenditures: Administrative Board/Audit Expenses $ 1,850 Police Records Management System Annual Contract $ 45,000 Regional Recruiting and Hiring Process (PACT Test) $ 1,167 Enhanced testing and recruitment efforts in conjunction with other departments Crime Reports Crime Mapping Software $ 1,200 Provides Colleyville citizens an Internet-based local crime information portal NetMotion Wireless Maintenance Agreement $ 3,219 Security software for in-car computer system In-Car Video Software Annual Maintenance Contract $ 2,162 Annual software maintenance charges for in-car video systems Personnel: Four (4) Police Officer Positions $ 314,343 Metroport Teen Court $ 40,000 Capital: Replacement -One (1) Patrol Vehicle Equipment $ 29,258 Replacement -Four (4) Hand-held Police Radios $ 12,000 Replacement of out-of-date radios used in COPS program. Completes a four year replacement program. Replacement -Three (3) In-Car Video Systems $ 20,967 Replacement ofout-of-warranty in-car video systems Equipment for Child Abduction Response Team (CART) $ 1,000 Colleyville share of area support for equipment needs For CART Debt Service: 1999 Certificates of Obligation $ 503,952 City of Colleyville Page 2 Printed on 6/10/2010 Agenda Briefing Continued (0-10-1757) 2006 Refunding Debt Transfers: Capital Equipment Replacement Fund In-Car Mobile Digital Computers $ 13,500 TOTAL EXPENDITURES - $ 989,618 *EXCESS REVENUES OVER EXPENDITURES - $ 201,581 ENDING FUND BALANCE - $ 696,398 Recommendation Approval City of Colleyville Page 3 Printed on 6/10/2010 COLLEYVILLE CRIME CONTROL DISTRICT FY 2011 PROPOSED BUDGET FISCAL YEAR BEGINNING FUND BALANCE REVENUES: 1/2 CENT SALES TAX REVENUE INTEREST INCOME USE OF AVAILABLE CASH TOTAL REVENUES EXPENDITURES: ADMINISTRATIVE BOARD/AUDIT EXPENSES: POLICE SOFTWARE ANNUAL MAINTENANCE CONTRACT REGIONAL RECRUITING AND HIRING PROCESS (PACT TEST) CRIME REPORTS CRIME MAPPING SOFTWARE NETMOTION WIRELESS MAINTENANCE AGREEMENT IN-CAR VIDEO SOFTWARE ANNUAL MAINTENANCE CONTRACT PERSONNEL: POLICE OFFICERS: 4 OFFICERS TEEN COURT CAPITAL - VEHICLES: REPLACEMENTS -FOUR PATROL VEHICLES AND EQUIPMENT EQUIPMENT: REPLACEMENT -HAND HELD RADIOS (4 IN FY 2011) PROTECTIVE PARKING LOT AWNINGS" REPLACEMENT CHAIRS FOR POLICE DISPATCH CENTER REPLACEMENT -THREE (3) IN-CAR VIDEO SYSTEMS EQUIPMENT FOR CHILD ABDUCTION RESPONSE TEAM (CART) DEBT SERVICE: 1999 CERTIFICATES OF OBLIGATION / 2006 REFUNDING DEBT TRANSFERS: CAPITAL EQUIPMENT REPLACEMENT FUND - ADOPTED PROJECTED PROPOSED FY 2010 FY 2010 FY 2011 $822,911 $827,528 $736,876 $1,025,000 $935,000 $944,350 $7,500 $4,000 $4,790 $294,225 $289,917 $242,059 $1,326,725 $1,228,917 $1,191,199 $1,850 $1,850 $1,850 $45,000 $45,000 $45,000 $0 $0 $1,167 $0 $0 $1,200 $0 $0 $3,219 $0 $0 $2,162 $311,343 $272,426 $314,343 $38,765 $38,765 $40,000 $134,750 $134,750 $29,258 $30,000 $20,967 $12,000 $49,000 $0 $0 $3,590 $2,732 $0 $0 $0 $20,967 $0 $0 $1,000 $498,162 $498,162 $503,952 IN-CAR MOBILE DIGITAL COMPUTER SYSTEM $15,000 $15,000 $13,500 TOTAL EXPENDITURES $1,127,460 $1,029,652 $989,618 EXCESS REVENUES OVER EXPENDITURES $199,265 *** $199,265 *" $201,581 * ENDING FUND BALANCE $727,951 $736,876 $696,398 * MUST HAVE A 1.4 TIMES COVERAGE RATIO ($201,581) FOR DEBT SERVICE PAYMENT IN FY 2011 ** FROZEN IN FY 2010 BUDGET * MUST HAVE A 1.4 TIMES COVERAGE RATIO ($199,265) FOR DEBT SERVICE PAYMENT IN FY 2010 ORDINANCE 0-10-1757 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2011 FOR THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget of projected revenues and proposed expenditures, cash on hand at the start of the year, the amount of money received during the prior year, the tax rate and the projected ending fund balance; and WHEREAS, on June 15, 2010, the Board of Directors of the Colleyville Crime Control and Prevention District approved the following budget; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011 and that the City Manager is authorized to execute all contracts and agreements approved as a part of the budget. Sec. 3. THAT the budget of the fiscal year beginning October 1, 2010, and ending September 30, 2011, for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5%, is hereby fixed as follows: Ordinance 0-10-1757 Page2of2 Projected Revenue Received in Fiscal Year 2010 $1,228,917 Projected Cash on Hand as of October 1, 2010 $ 736,876 Revenues $1,191,199 Expenditures $ 989,618 Ending Fund Balance at September 30, 2011 $ 696,398 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2010. The second reading and public hearing being conducted on the 2010. 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 ~rj Colleyville, Texas 76034 ~~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3239 File Number: R-10-3239 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/15/2010 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of changing the regular City Council meeting dates in October and November 2010 and March 2011 Attachments: Resolution R-10-3239.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Approval of changing the regular City Council meeting dates in October and November 2010 and March 2011 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting of October 5, 2010, to Wednesday, October 6, 2010, due to National Night Out. The first regular City Council meeting of November 2, 2010, to Wednesday, November 3, 2010, due to the state and federal elections. The second regular City Council meeting of March 15, 2011, to Tuesday, March 22, 2011 due to the Grapevine-Colleyville Independent School District spring break. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 6/7/2010 RESOLUTION R-10-3239 A RESOLUTION CHANGING THE DATES OF REGULAR CITY COUNCIL MEETINGS IN OCTOBER AND NOVEMBER 2010 AND MARCH 2011 WHEREAS, in accordance with the City Charter, the City Council shall meet regularly at least twice in every month at such times as a City Council may prescribe by rule; and. WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month except when those dates may conflict with an event or holiday; and WHEREAS, National Night Out, an event designed to heighten crime and drug prevention awareness, will be held Tuesday, October 5, 2010; and WHEREAS, federal and state elections will be held Tuesday, November 2, 2010; and WHEREAS, the Grapevine-Colleyville Independent School District spring break is March 21-25, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the first regular City Council meeting in October 2010 will be held Wednesday, October 6, 2010. Sec. 2. THAT the first regular City Council meeting in November 2010 will be held Wednesday, November 3, 2010. Sec. 3. THAT the second regular City Council meeting in March 2011 will be held Tuesday, March 22, 2011. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND ABSTENTIONS, 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Gi^i2_ ~1 City of Colleyville 100 Main Street Colleyville, Texas 76034 ~.;.; Agenda Briefing x17.503.1000 www.colleyville.com File Number: R-10-3240 File Number: R-10-3240 File Type: Resolution Status: Resolution Version: 1 Requester: Agenda Date: 06/15/2010 Agenda No.: 7b Controlling Body: City Council Final Action: File Name: Approval of a lease purchase agreement with Wells Fargo Bank for the lease of a 95' Pierce midmount platform aerial fire apparatus, in an amount not to exceed $981,238 Attachments: Resolution R-09-3157.pdf Wells Fargo Lease Agreement.pdf Resolution R-10-3240.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/15/2010 City Council Title Approval of a lease purchase agreement with Wells Fargo Bank for the lease of a 95' Pierce midmount platform aerial fire apparatus, in an amount not to exceed $981,238 Explanation Reading and Public Hearing On October 20, 2009, the City Council approved the purchase of a 95' Pierce midmount platform aerial fire apparatus, in the amount of $981,238 through Houston-Galveston Area Council of Governments (HGAC). This fire apparatus was purchased to replace an existing fire apparatus and the 105' fire apparatus. In order to receive a prepayment and multi-truck discount on both apparatus, the prepayment funding for the 95' fire apparatus in the amount of $981,238 was allocated from the General Fund fund balance's available cash and a ten year secured loan would be obtained to reimburse the General Fund upon delivery of the the fire apparatus. The City's bank depository agreement was bid during this fiscal year and included with the bid was a section requesting a loan or lease purchase proposal for funding of the 95' fire apparatus. The depository bid including the lease purchase proposal was awarded by City Council on February 16, 2010 to Wells Fargo Bank N.A. The lease purchase agreement is for a period of ten years with a down payment of $118,838.00 and nine subsequent annual payments of $117,498.86 and an annual interest rate of 4.91 %. The total payments over the ten year period are $1,176,327.78 ($981,238.00 principal / $195,521.65 interest). Financial Impact The first year lease down payment for the pumper truck is included in the FY 2010 Debt Service Fund budget in the amount of $118,838.00. The subsequent annual payments are $117,498.86, and will be paid from the Debt Service Fund budget. City of Colleyville Page 1 Printed on 6/11/2010 Agenda Briefnp Continued (R-10-3240) Recommendation Approval City of Colleyville Page 2 Printed on 6/11/2010 RESOLUTION R-09-3157 A RESOLUTION AUTHORIZING THE PURCHASE OF TWO FIRE APPARATUS FROM MARTIN APPARATUS, INCORPORATED, IN THE AMOUNT OF $1,908,231.00; ALLOCATING $926,933.00 FROM THE COLLEYVILLE TOMORROW FUND AND $981,238.00 FROM THE GENERAL FUND WITH A FUTURE REIMBURSEMENT FROM A LOAN TO BE REPAID FROM THE DEBT SERVICE FUND WHEREAS, the City of Colleyville has received a proposal for the purchase of one (1) Pierce Custom 95' Midmount Platform fire apparatus and one (1) Pierce Custom 105' heavy duty aerial fire apparatus; and WHEREAS, the proposal pricing is based (HGAC) and BUYBOARD approximately $80,472.00. on current Houston Galveston Area Council pricing and provides costs savings of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council authorizes the purchase of one (1) Pierce Custom 95' Midmount Platform fire apparatus and one (1) Pierce Custom 105' heavy duty aerial fire apparatus. Sec. 2. THAT funding for the purchase of the two apparatus will be allocated as follows: $926,933.00 from the Colleyville Tomorrow Fund; $981,238.00 from the General Fund with a future reimbursement from a loan to be repaid from the Debt Service Fund. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF y AYES, D NAYS AND i'> ABSTENTIONS ON THIS THEE DAY OF 2009 ATTEST• y~~ nthia ingleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE G~.~ ~~ David Kelly Mayor MASTER GOVERNMENTAL LEASE-PURCHASE AGREEMENT N0.306400 Name and Address of Lessee: Lessor: City of Colleyville Wells Fargo Equipment Finance, Inc. 100 Main Street 733 Marquette Avenue Colleyville, TX 76034 MAC: N9306-070 Minneapolis, MN 55402 1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the personal property described in a Supplement or Supplements attached to this Master Governmental Lease-Purchase Agreement (this "Master Lease") from time to time signed by Lessor and Lessee upon the terms and conditions set forth in this Master Lease and in the related Supplement (such property together with all replacements, repairs and additions incorporated therein or affixed thereto being referred to herein as "Equipment"). Each Supplement shall constitute a separate lease incorporating the terms of this Master Lease. References in this Master Lease to "Lease" shall be construed to mean a Supplement which incorporates the terms of this Master Lease. Lessee's execution of a Supplement shall obligate Lessee to lease the Equipment described therein from Lessor. No Supplement shall be binding on Lessor unless and until executed by Lessor. Anything to the contrary notwithstanding, Lessor shall have no obligation to accept, execute or enter into any Supplement or lease to Lessee any equipment. The execution by Lessee of a Supplement shall evidence a determination by the Lessee that the Equipment desribed therein is essential to its proper, efficient and economic operation, that Lessee desires to enter into a Lease for the acquisition of that Equipment under the terms of such Lease, that the Equipment is necessary for the governmental functions of Lessee, and that Lessor is neither the manufacturer nor a dealer or merchant of said Equipment, but has agreed to provide the funding for and on behalf of Lessee for the acquisition of said Equipment under the terms of such Lease at the specific request of Lessee. 2. DELIVERY AND ACCEPTANCE. With respect to each Lease, Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (herein so called) in the form to be provided by Lessor. 3. TERM. The term of each Lease shall begin the date the Equipment is accepted by Lessee (the "Acceptance Date") and shall continue unless earlier terminated as provided herein. The Acceptance Date shall be recorded on the related Supplement. 4. RENT. Lessee shall pay as rent for the full term of each Lease the amount shown in the related Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the related Supplement sets forth the interest component of each rent payment during the Lease term. The Total Rent due under a Lease shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A attached to the related Supplement plus any applicable sales and use tax thereon. Interest under a Lease shall accrue from the date Lessor disburses lease proceeds, which date shall not be earlier than the Acceptance Date for such Lease. Except as provided in Section 5 hereof, the obligation of Lessee to make rent payments and all other payments required under each Lease shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required under each Lease when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under any Lease. Lessee's obligation to make rent payments or other payments during the term of each Lease shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations under a Lease; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefor. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of each Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of each Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved. 5. NON-APPROPRIATION OF FUNDS. lf, notwithstanding the making in good faith of a request to the governing body of Lessee for funds to pay its obligations under a Lease for any ensuing fiscal year in accordance with appropriate procedures and Section 4 hereof, such governing body does not appropriate funds to be paid to Lessor for the Equipment relating to such Lease, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such notice or upon the exhaustion of the funding authorized for the then current fiscal year, whichever is later, return such Equipment to Lessor at Lessee's expense and thereupon be released of its obligation to make all rental payments to Lessor due under such Lease after the close of the fiscal year for which funds were appropriated, provided: (i) the Equipment is returned to Lessor freight prepaid and insured to any location in the continental United States designated by Lessor in the same condition as when first delivered to Lessee, reasonable wear and tear resulting solely from authorized use thereof excepted, (ii) the foregoing notice states the failure of the governing body to appropriate the necessary funds as reason for cancellation of the Lease, and (iii) the notice is accompanied by payment of all amounts then due to Lessor under such Lease. In the event Lessee returns the Equipment pursuant to the terms of this Section 5, Lessor shall retain all sums paid by Lessee in connection with the related Lease. 6. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee represents and warrants and, so long as any Lease is in effect or any part of Lessee's obligations thereunder remain unfulfilled, shall continue to represent and warrant, that: (a) Lessee is a state, a possession of the United States, the District of Columbia, or a political subdivision of any of the foregoing. If Lessee is incorporated, it is duly organized and existing under the constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect. (b) Lessee has been duly authorized by the constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto) to execute and deliver this Master Lease and each Lease and to carry out its obligations hereunder and thereunder. (c) All requirements have been met, and procedures have occurred in order to ensure the enforceability of this Master Lease and each Lease, and Lessee has complied with such public bidding requirements, if any, as may be applicable to the transactions contemplated by this Master Lease and each Lease. (d) The Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than Lessee. (e) Lessee has funds available and properly appropriated to pay the rent payments due under each Lease until the end of its current appropriation period. (f) This Master Lease and each Lease constitute valid, legal and binding obligations of Lessee enforceable against Lessee in accordance with the terms hereof and thereof. (g) Lessee will take no action that would cause the interest portion of the rent payments under any Lease to become includible in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the "Code") and Treasury Regulations promulgated thereunder (the "Regulations"), and Lessee will take and will cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the rent payments under any Lease does not become includible in gross income of the recipient for federal income tax purposes under the Code and Regulations. 7. WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by Lessor. LESSOR MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESSED OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make rental and other payments required under each Lease without regard to the condition of the Equipment and to look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any recourse to Lessor, any warranty received by Lessor. 8. TITLE. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in the Lessee; provided, however, that (i) upon the occurrence of an Event of Default, as that term is defined in Section 20 hereof, (ii) in the event that the purchase option for such Equipment has not been exercised prior to the expiration date thereof, or (iii) in the event the applicable Lease is terminated by Lessee pursuant to the provisions of Section 5 hereof, title will immediately vest in Lessor or its assignee. For as long as title to the Equipment is in Lessee, Lessee at its expense shall protect and defend the title and keep it free of all claims and liens other than the rights of Lessee hereunder and claims and liens created by or arising through Lessor. The Equipment shall remain personal property regardless of its attachment to realty, and Lessee agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. 9. SECURITY AGREEMENT; FURTHER ASSURANCES. To secure the performance of all Lessee's obligations under each Lease, upon execution of each such Lease, Lessee hereby grants to Lessor a security interest constituting a first lien on the Equipment applicable to such Lease and on all additions, attachments, repairs, replacements and modifications thereto or therefor, including all after-acquired equipment of Lessee, and on any proceeds therefrom. Lessor is hereby authorized to file financing statements to perfect such security interest in accordance with the Uniform Commercial Code. Lessee agrees to execute or deliver such additional documents, including, without limitation, financing statements, opinions of counsel, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment or for the confirmation or perfection of any Lease and Lessor's rights thereunder. 10. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any governmental body or agency upon the Equipment or its use or the rentals hereunder excluding, however, any taxes on or measured by Lessor's net income. Upon request by Lessor, Lessee shall prepare and file at its expense all tax returns relating to taxes for which Lessee is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing jurisdiction. 11. LESSEE NEGLIGENCE. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee's property or the property of others, which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law. 12. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise encumber or permit a lien arising through Lessee to exist on or against any interest in this Master Lease, any Lease or the Equipment or remove the Equipment from the location referred to above or in the related Supplement. Lessor may assign its interest in this Master Lease and one or more Leases and sell or grant a security interest in all or any part of the Equipment without Lessee's consent. Lessee hereby appoints Lessor as Lessee's agent for purposes of maintaining a written record of all such assignments. 13. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business hours. 14. REPAIRS. Lessee will use the Equipment with due care and for the purpose for which it is intended. Lessee will maintain the Equipment in good repair, condition and working order and will furnish all parts and services required therefore, all at its expense. All such parts when furnished shall immediately become part of the Equipment for all purposes hereof. 15. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, Lessee shall promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee under the related Lease with respect to such item which are due but unpaid at the date of such payment plus (b) the amount stated in the related Supplement or Exhibit A thereto as the Termination Balance. Upon payment of such amount to Lessor, such item shall become the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest therein, the rent with respect to such item shall terminate, and the basic rental payments on the remaining items shall be reduced accordingly. Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this Section and Lessee shall be entitled to any surplus. 16. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurance against liability for bodily injury and property damage with a minimum limit of $1,000,000 combined single limit and (b) physical damage insurance insuring against loss or damage to the Equipment in an amount not less than the full replacement value of the Equipment or the amount stated in the related Supplement or an exhibit thereto as the Termination Balance whichever is greater. Lessee shall furnish Lessor with certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least the minimum amounts required herein, naming Lessor as an additional insured thereunder for the liability coverage and as loss payee for the property damage coverage. Each such policy shall be in such form and with such insurers as may be satisfactory to Lessor, and shall contain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration in the terms of such policy or the cancellation thereof, and a clause specifying that no action or misrepresentation by Lessee shall invalidate such policy. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any such policy shall not comply with the requirement thereof. 17. RETURN OF THE EQUIPMENT. Upon the termination of a Lease pursuant to Section 5 or Section 21 hereof, Lessee will immediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such delivery. 18. ADDITIONAL ACTION. Lessee will promptly execute and deliver to Lessor such further documents and take such further action as Lessor may request in order to more effectively carry out the intent and purpose of this Master Lease and each Lease. Lessee will furnish, from time to time on request, a copy of Lessee's latest annual balance sheet and income statement. 19. LATE CHARGES. If any installment of basic rent due under a Lease is not paid when due or within 5 days thereafter, Lessor may impose a late charge of up to 5% of the amount of the installment but in any event not more than permitted by applicable law. Rent payments thereafter received shall be applied first to delinquent installments and then to current installments. 20. DEFAULT. Each of the following events shall constitute an "Event of Default" under a Lease: (a) Lessee shall fail to pay when due any installment of basic rent under any Lease; (b) Lessee shall fail to observe or perform any other agreement to be observed or performed by Lessee under any Lease and the continuance thereof for 10 calendar days following written notice thereof by Lessor to Lessee; (c) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee with respect to any Lease proves to have been false or misleading in any material respect; or (d) Lessee shall voluntarily file, or have filed against it involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the federal or state bankruptcy code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or of all or a substantial part of its assets. 21. REMEDIES. Whenever any Event of Default referred to in Section 20 hereof shall have happened and be continuing with respect to a Lease, Lessor shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps: (a) Lessor, with or without terminating the affected Lease, may declare all rent payments due or to become due thereunder during the fiscal year in effect when the default occurs to be immediately due and payable by Lessee, whereupon such rent payments shall be immediately due and payable. (b) Lessor, with or without terminating the affected Lease, may repossess the Equipment by giving Lessee written notice to deliver the Equipment to Lessor, whereupon Lessee shall do so in the manner provided in Section 17 hereof; or in the event Lessee fails to do so within 10 days after receipt of such notice, Lessor may enter upon Lessee's premises where the Equipment is kept and take possession of the Equipment and charge Lessee for costs incurred in repossessing the Equipment, including reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Lessee shall pay the applicable Termination Balance of the Equipment, as set forth in the related Supplement or Exhibit A thereto (less credit for proceeds of insurance remaining after subtraction of Lessor's costs with respect to the collection thereof), to Lessor. Notwithstanding the fact that Lessor has taken possession of the Equipment, Lessee shall continue to be responsible for the rent payments due under the affected Lease during the fiscal year then in effect. If the affected Lease has not been terminated, Lessor shall return the Equipment to Lessee at Lessee's expense when the event of default is cured. (c) If Lessor terminates the affected Lease and takes possession of the Equipment, Lessor shall within 30 days thereafter use its best efforts to sell the Equipment or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable state laws. Lessor shall apply the proceeds of such sale to pay the following items in the following order: (i) all costs incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the sale; (iii) the applicable Termination Balance of the Equipment; and (iv) the balance of any rent payments owed by Lessee during the fiscal year then in effect. Any sale proceeds remaining after the requirements of clauses (i), (ii), (iii) and (iv) have been met may be retained by Lessee. (d) If the proceeds of sale of the Equipment are not sufficient to pay the balance of any rent payments owed by Lessee during the fiscal year then in effect, Lessor may take any other remedy available at law or in equity to require Lessee to perform any of its obligations hereunder. 22. NOTICES. Any written notice hereunder to Lessee shall be deemed to have been given when delivered personally or deposited in the United States mails, postage prepaid, addressed to Lessee at its address set forth above or at such other address as may be last known to Lessor. 23. PREPAYMENT. Each Lease may be prepaid in whole, but not in part, and on any regular payment date with 45 days written notice to Lessor, upon payment of all rent payments then due thereunder, plus the amount set forth as Termination Value on the related Supplement or any exhibit thereto. 24. SURVIVAL. Lessee's obligations under Section 11 hereof shall survive termination of all Leases. 25. MISCELLANEOUS. Any provision of this Master Lease or any Lease which is unenforceable in any jurisdiction shall, as to jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Master Lease or Lease, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. This Master Lease and each Lease shall in all respects be governed by, and construed in accordance with, the substantive laws of the state in which the Lessee is located. Dated: June 15, 2010 Lessee: City of Colleyville By: Its: Lessor: Wells Fargo Equipment Finance, Inc. By: lts: Wells Fargo Equipment Finance, Inc. 733 Marquette Avenue MAC: N9306-070 Minneapolis, MN 55402 SUPPLEMENT TO MASTER GOVERNMENTAL LEASE-PURCHASE AGREEMENT Name and address of Lessee: City of Colleyville 100 Main Street Colleyville, TX 76034 306400-400 This is a Supplement to the Master Governmental Lease-Purchase Agreement No. 306400 dated June 15, 2010 (the "Master Lease"), between Lessor and Lessee. Pursuant to the Master Lease (all the terms and conditions of which are incorporated herein by reference, except to the extent that they relate to other Schedules or Equipment listed on other Schedules) and this Supplement, Lessor is leasing to Lessee, and Lessee is leasing from Lessor, the Equipment described below. Lessee represents, warrants and covenants that its representations, warranties and covenants set forth in the Master Lease (including, without limitation, Section 6 thereof) are true and correct as though made on the date of execution of this Supplement. EQUIPMENT DESCRIPTION Quanti Serial Number One (1) New 2010 Pierce Ninety-Five Foot Midmount Platform One 4P1CUOlE5AA010960 Fire Truck with One New (1) Pierce One Hundred Five Foot Heavy Duty Aerial Ladder together with all attachments and accessories Location of E ui ment if different from Lessee's address SCHEDU LE OF RENT PAYMENTS Basic Rental Number Of Advance Payments Payments Payments Acceptance Date **See Additional Provisions Ten (10 1 Payment term in months Interest Rate First Payment Final Purchase Due Option Price «NoMonths» **See 4.91 % Additional $1.00 Provisions Rental payment period (check one) ^ Monthly ^ Annually ^ Quarterly ®Other -see additional provisions ^ Semi-annually FINANCE AMOUNT: $981,238.00 AL RENT: $1,176,327.78 Additional Provisions: Exhibit A is attached hereto pursuant to Section 4 of the Lease. The Termination Balance shall be the amount set forth on Exhibit A opposite the date of determination of the Termination Balance. Lessor reserves the right to withdraw the terms of this Supplement without notice to Lessee if Lessor is not in receipt of a fully executed original or facsimile of this document within five (5) business days of the date of this Supplement. However, in that event, no such modifications will be binding on Lessee unless and until the modified document containing all such modification is executed. Lessee shall make one (1) monthly payment of $118,838.00 on June 18, 2010, followed by nine (9) consecutive annual payments of $117,498.86 each beginning in October 15, 2010 and continuing on the same day of each calendar year through the intial term of the lease. Total Finance Charges $195,089.78 LESSOR: Wells Fargo Equipment Finance, ]nc. By Its LESSEE: City of Colleyville By Its Date June 15, 2010 Date June 15, 2010 INCUMBENCY CERTIFICATE I, , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the City of Colleyville, a political subdivision or agency duly organized and existing under the laws of the State of Texas that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (I) the signatures set opposite their respective names and titles are their true and authentic signatures and (II) such officers have the authority on behalf of such entity to enter into that certain Master Governmental Lease-Purchase Agreement dated June 15, 2010 and any Supplements thereto between such entity and Wells Fargo Equipment Finance, Inc. (Lessor). NAME TITLE SIGNATURE IN WITNESS WHEREOF, I have duly executed this certificate this day of 2010. SECRETARY/CLERK DELIVERY AND ACCEPTANCE CERTIFICATE TO: WELLS FARGO EQUIPMENT FINANCE, INC. RE: MASTER GOVERNMENTAL LEASE-PURCHASE AGREEMENT DATED JUNE 15, 2010AND SUPPLEMENT DATED JUNE 15, 2010 THERETO FOR: One (1) New 2010 Pierce Ninety-Five Foot Midmount Platform Fire Truck with One New (1) Pierce One Hundred Five Foot Heavy Duty Aerial Ladder together with all attachments and accessories -VIN 4P1CUOlE5AA010960 I am duly qualified and acting as the officer identified below of the City of Colleyville (Lessee); and, with respect to the Master Governmental Lease-Purchase Agreement dated June 15, 2010 and Supplement thereto dated June 15, 2010 (collectively, the "Lease"), each by and between Lessee and Wells Fargo Equipment Finance, Inc. (Lessor, that: 1. The equipment described in the Lease (the "Equipment") has been delivered and installed in accordance with Lessee's specifications and has been accepted by Lessee as of the Acceptance Date shown on the Supplement. 2. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all rent payments required to be paid under the Lease during the current fiscal year of Lessee, and such moneys will be applied in payment of all rent payments due and payable during such current fiscal year. 3. Lessee is exempt from all personal property taxes, and is exempt from sales and/or use taxes with respect to the Equipment and the rent payments. 4. During the Lease term the Equipment will be used by Lessee to perform essential governmental functions. Such functions are: 5. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body, that challenges the organization or existence of Lessee; the authority of Lessee or its officers or its employees to enter into the Lease; the proper authorization, approval and execution of the Lease and other documents contemplated thereby; the appropriation of moneys, or any other action taken by Lessee to provide moneys, sufficient to make rent payments coming due under the Lease in Lessee's current fiscal year; or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. 6. The reasonably anticipated amount of tax-exempt obligations issued by Lessee during the current calendar year (other than obligations described in Section 265(b)(3)(C)(ii) of the Internal Revenue Code of 1986, as amended (the "Code") does not exceed $10,000,000. The Lease is hereby designated by Lessee as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. In no event will Lessee designate in the current calendar year more than $10,000,000 of its tax-exempt obligations as such "qualified tax-exempt obligations". Dated: June 15, 2010 City of Colleyville, Lessee Its By. Wells Fargo Equipment Finance, Inc. 381 East Broadway, 2nd floor Salt Lake City, UT 84111 Exhibit A Lessee: City of Colleyville Supplement Number 306400-400 Payment Amortization Schedule Per 1 2 3 4 5 6 7 8 9 10 Payment 118,838.00 117,498.86 117, 498.86 117,498.86 117,498.86 117,498.86 117,498.86 117,498.86 117,498.86 117,498.86 1,176,327.78 Principal 118, 838.00 103, 442.60 79, 436.54 83, 420.34 87, 603.94 91, 997.35 96, 611.09 101, 456.21 106, 544.33 111,887.61 981,238.00 Interest 0.00 14, 056.27 38, 062.33 34, 078.52 29, 894.93 25, 501.52 20, 887.77 16, 042.65 10, 954.54 5, 611.25 195,089.78 Termination Balance 862, 400.00 758, 957.40 679, 520.87 596,100.53 508, 496.59 416, 499.24 319, 888.15 218, 431.94 111,887.61 0.00 This amortization schedule is subject to change based on the final terms of the transaction. In the event the terms do change, Lessor will provide a replacement amortization schedule to Lessee. This schedule does not include prepayment terms. Initials RESOLUTION R-10-3240 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT, SUPPLEMENT NO. 306400 AND RELATED INSTRUMENTS AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the governing body of the City of Colleyville (Lessee) desires to obtain certain equipment (the Equipment) described in Supplement No. 306400 to the Governmental Lease-Purchase Master Agreement (collectively, the "Lease") with Wells Fargo Equipment Finance, Inc. (Lessor) the form of which has been available for review by the governing body of Lessee prior to the meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with Lessor substantially in the form presented at a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the 15t" day of June 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT it is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Sec. 2. THAT the Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The Mayor of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The Mayor of the Lessee and any other officer of Lessee who shall have power to do so be, Resolution R-10-3240 Page2of2 and each of them hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same. Sec. 3. THAT the proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other document and to do or cause to be done any and all other acts and things, necessary or proper for carrying out this resolution and the Lease. Sec. 4. THAT pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the Code), Lessee hereby specifically designates the Lease as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code. Sec. 5. THAT the undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes; insertions and omissions as shall have been approved by the officers who executed them. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, AND _ ABSTENTIONS, THIS DAY OF 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ice' .~i ,~- -~, City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~.,: Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3241 File Number: R-10-3241 File Type: Resolution Status: Resolution Version: 1 Requester: Public Works Department Agenda Date: 06/15/2010 Agenda No.: 7c Controlling Body: City Council Final Action: File Name: Approval of a construction contract with Jagoe-Public Company for the 2010 Street Rehabilitation Improvements, in an amount not to exceed $434,294, and authorize the City Manager to execute the contract Attachments: Street Rehabilitation Improvements Bid Tab.pdf Street Rehabilitation Improvements Map.pdf • Resolution R-10-3241.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Approval of a construction contract with Jagoe-Public Company for the 2010 Street Rehabilitation Improvements, in an amount not to exceed $434,294, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Fiscal Year 2010 (FY2010) Street Maintenance budget includes provisions for performing pavement improvements on various collector streets and minor thoroughfares. Excessive deterioration of the existing asphalt pavement on several street sections throughout the community occurred in the recent winter months. As a result of the severe weather conditions, it became necessary for staff to focus on the use of available street maintenance funds on the following roadways: • McDonwell School Road (Westcoat Road to Hebert Drive ) • Glade Road (Riverwalk Drive to Bluebonnet Road) • Cheek-Sparger Road (Buckingham Place to Heritage Avenue) • Glade Road (Patterson Lane to Bill Simmons Drive) • John McCain Road (Majestic Manor to Primrose Lane) The proposed improvements on Glade Road (Patterson Lane to Bill Simmons Drive) and John McCain Road were listed as added alternates in the contract bid proposal. However, the total bid for all five proposed street sections combined was within the available budget. These street sections represent portions of existing thoroughfares in the community. Each location was determined to be very deteriorated due to normal wear from annul high traffic City of Colleyville Page 1 Printed on 6/11/2010 Agenda Briefing Continued (R-10-3241) volumes and the severe weather conditions that were experienced last winter. As a result, staff recommends all five roadway sections be awarded for construction. The scope of improvements developed for this project is a result of very favorable bids that were received on other street maintenance projects in FY 2010. The accumulation of cost savings from bids that came in under engineering estimates on each contract has provided the realized budget level for the Street Rehabilitation Improvements project. Staff received five bids for this project on June 3, 2010. The low bid, including alternate one - Glade Road (Patterson Lane to Bill Simmons Drive) and alternate two -John McCain Road (Majestic Manor to Primrose Lane) was submitted by Jagoe-Public Company, in the amount of $394,813. Staff recommends a 10% contingency of $39,481 for a project total not to exceed $434,294. The contractor's qualifications and references were verified and prior work performed is in accordance with the type of street improvements proposed in this project. As a result, staff has determined that the overall reference evaluation supports a recommendation for approval. Due to the cost effective bids, staff recommends the project, including both added alternates, be approved. Financial Impact Funding for this project will be paid from McDonwell School Road Street Perimeter Fees in the amount of $147,000 and in the FY 2010 Public Works Street Maintenance budget in the amount of $287,294. Recommendation Approval City of Colleyville Page 2 Printed on 6/10/2010 G~ d O U ~- O i+ U N C O L C. C O ~+ .Q t aN~ I.L L O r O N M C 'C d L Q. a~ ^L I.i. O m~ 0 M C O M 'd' 0 ~ ~ 3 ~ i • o rn N N C F' oO ~ M r CO CO ~ d 'Q m ~ cfl 'd' oo I` ++ C O M O CD d' O Q O M d' cfl d' ~n O O p 0 a ~ ~ ~ ~ ~ ~ 0 0 0 0 0 3 O o m O Oo ~-- O CO I` tf' N d M ~- ~ O O +,, ~ 00 N ~ M ~ m O CO N O ~ ` N ~- M N M ~ _ Q 69 6F} 63 EA E~ d O O N O M = O N ~- O N ~ N O O N f~ O O N ~ d7 CO +,, ~ M M ~t M 0p C m ~ O d' ~- N L N ~- M N M 0 r .+ a ~ ~ ~ ~ ~ O tf') 00 ~ M O ~ 00 M M 'C r N O CO ~ m ~ r- ~ rn m to M N O N O N 00 I~ O M N ~ O M N O m M M L~ `~ ~ fA (f} ff3 EA K} m Q~ ~ ~ ~ Q) m O U c 0 U 7 V! C ~ L. O O ~ U U ~ m ~ J ~ c°~ ~ ~' o ~ ~ ~- ~ U -~ ~ U Q ~ O ~ ~ ~ N ~ ~ ~ ~ . ~ ~ ~ U ~ ~ ~ >. pp ca ~ a~ a~ ~ ~ ~ ~ ~ ,~~ nac ~- Photography Flown Jan ?009 _~~~ 0 U I- ~ U W > 3 ° o O ~~ ~ Z Q W E RD C° ~_ > J ~ ~_ a~~.l,~ ml, aaa n.x e..n compsl.a r« m. ~M ~xlHalmanan. EV ~yxalon acyU no 9uarxunw ix gva~~imrN.E ax io iM acxvxy ~ ~ Street Rehabilitation CA~NRD ?, Improvements June 2010 0 ~o z ~ z v a, ~ o ~O v ~ I U 14 ~-- ~ ,-~ ~ ice- ~ a O 1 GLADE RD ~ z' ~ z o ~ n s~ w L~ _ ; m ~`CO Of~_ ,,, RESOLUTION R-10-3241 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH JAGOE- PUBLIC COMPANY FOR THE 2010 STREET REHABILITATION IMPROVEMENTS, IN AN AMOUNT NOT TO EXCEED $434,294, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WHEREAS, the City of Colleyville desires to perform necessary pavement rehabilitation improvements on several collector and thoroughfare roadways in the community in Fiscal Year 2010; and WHEREAS, the Street Rehabilitation Improvements project is included in the Fiscal Year 2010 Street Maintenance program; and WHEREAS, the Fiscal Year 2010 Street Rehabilitation Improvements project are for McDonwell School Road (Westcoat Road to Hebert Drive); Glade Road (Riverwalk Drive to Bluebonnet Road); Cheek-Sparger Road (Buckingham Place to Heritage Avenue); Glade Road (Patterson Lane to Bill Simmons Drive); John McCain Road (Majestic Manor to Primrose Lane); and WHEREAS, the City of Colleyville prepared engineering plans and specifications for the Fiscal Year 2010 Street Rehabilitation Improvements project and advertised the project for bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville hereby awards a construction contract to Jagoe-Public Company for the 2010 Street Rehabilitation Improvements project, in an amount not to exceed $434,294, and authorizes the City Manager to execute the contract. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~z"a City of Colleyville 100 Mlain Street Colleyville, Texas 76034 r.~.~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 06/15/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -June 15, 2010 Attachments: Colleyville Center Advisory Committee Minutes -February 8, I'll.pdf Zoning Board of Adjustment Minutes -March 9, 2010 Colleyville Trails and Sidewalks Committee Minutes - March 16, 2010 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/15/2010 City Council Title Colleyville Center Advisory Committee -February 8, 2010 Zoning Board of Adjustment Minutes -March 9, 2010 Colleyville Trails and Sidewalks Committee Minutes -March 16, 2010 City of Colleyville Page 1 Printed on 6/10/2010 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2010 FIRST QUARTER MEETING FEBRUARY 8, 2010 MINUTES Present: Committee Members -Chair Mark Johnson, Karen Birkes, Jon Bullock, Linda Creed, Deena Dendy, Evelyn Englert, Jan Fisher, Suzanne Harrington, Muriel Havran, Louis Miller, Fred Mills, Connie Nichols, Mary Smith, and Paul Vigiletti Councilwoman Carol Wollin, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Center Coordinator Marilyn Gilbert LBL Architect Tom McCarty, Demlow Interior Designer Carol Demlow and Ed Havran Absent: John Gray, Tom Westerman, Center Manager Lin Przybyl 1. Chair Mark Johnson called the meeting to order at 5:30 pm. 2. Chair Mark Johnson welcomed guests to the meeting including newly appointed Advisory Committee members Jon Bullock, Fred Mills and Mary Smith. Outgoing committee members Dorie Cranshaw, Evelyn Englert and Muriel Havran were recognized presented, or were mailed, plaques for their years of service to the Advisory Committee. It was noted that Muriel Havran has been a member of the Advisory Committee since its inception in 1997. 3. Tom McCarty with LBL Architects and Carol Demlow with Demlow Interior Design presented the preliminary design plan for the Center renovation. The Committee reviewed color boards and concept drawings. With the exception of the floor tiles all materials are low-odor emission and green-guard certified. Discussion followed the presentation. The Committee unanimously approved the design concept with some modifications requested for meeting room floor design, temperature control in meeting room, lighting in the restrooms and exterior lighting. The committee unanimously agreed to formally voice their appreciation to City Council for Council support of the project. 4. The minutes from the November 16, 2009 fourth quarter meeting minutes were approved as written. 5. Staff reviewed and discussed the Colleyville Center FY 2010 First Quarter report. Significantly decreased revenues reflect the current economic climate; however, expenditures remain below projections maintaining an acceptable operating cost recovery for the quarter at 56%. 6. Chair Mark Johnson and Vice-Chair Louis Miller were unanimously re-elected to their positions for another term. 7. Meeting was adjourned at 6:35 pm "~ City of Colleyville ;a~E~a Minutes -Final ~.~~,., Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 9, 2010 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on March 9, 2010 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Ed Moore, Kevin Sams, Dee McNosky and Bruce Mayhew (Alternate 1) Absent: Board members Jim Gotcher and Tracy Doyle (Alternate 2) Staff Present: Ron Ruthven 3. 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Moore moved to approve the January 13, 2009 meeting minutes as written. Board member Mayhew seconded. The motion carried by the following vote: Aye: 5 -Reynolds, Moore, Sams, McNosky, Mayhew, Alt. 1 Absent: 2 -Gotcher, Doyle, Alt. 2 5 PUBLIC HEARING AGENDA ITEMS 5a Case VC10-001- Approval of a request for a variance to the lot coverage requirements by buildings in Chapter 3 - Land Use of the Land Development Code on Lot 11 R, Block 1 of the Castleton Manor Addition located at 800 Fegans Path Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 705: p.m. Bud Sellers, 800 Fegans Path, the applicant, came forward to present the case and brief the Board members. Skip Blake, the architect, for the project, came forward to present the case and brief the Board members. City of Colleyville Page 1 Printed on 6/9/2010 Zoning Board of Adjustment Minutes -Final March 9, 2010 Todd Ford, 2312 Royal Oaks Drive, Mansfield, the future homeowner of the subject property, came forward to present the case and brief the Board members. Milton Siegele, 808 Fegans Path, spoke in favor of the request and stated being troubled by the fact that 11 homes have already been approved by the City which exceed the maximum lot coverage. Robert Glaser, 6909 Sir Spencer Court, spoke in opposition to the request with concerns for the negative appearance to the neighborhood. Robert Brennan, 6904 King Charles Court, spoke in opposition to the request with concerns for the design of the proposed home. Brian Kumpf, 6703 Ethridge Court, spoke in opposition to the request with concerns for the design of the proposed home. Steve Dumler, 6708 Ethridge Court, spoke in opposition to the request with concerns for the size of the home on this particular lot. Mr. Sellers came forward to address the issues presented by neighbors. Mr. Ford came forward to address the issues presented by neighbors. He stated he appreciates the fact that the neighbors present want the Ford's as neighbors; however, he stated being troubled by the fact that those present feel the proposed home will not fit in the neighborhood. He stated the look and style of the home should not be of concern for this Board only the variance to the lot coverage of the R20 zoning district requirements. Robert Brennan, 6904 King Charles Court, stated, for clarification, the photos were presented as examples with regards to ratio. Board member Reynolds questioned staff regarding how there are homes in this neighborhood that are larger than they should be. Ron Ruthven replied there were homes permitted in this neighborhood that exceeded the lot coverage of the Land Developmend Code requirements based on the calculation being done on the air conditioned portion of the building. He stated he investigated that the maximum lot coverage is actually based on the building footprint of the entire building. Board member Reynolds questioned staff regarding if staff used the other measure would this building still be too large? Ron Ruthven replied according to his meetings with the applicant, the plans would not be, if just the air conditioned portion was calculated. City of Colleyville Page 2 Printed on 6/9/2010 Zoning Board of Adjustment Minutes -Final March 9, 2010 Board member Reynolds questioned Mr. Ford regarding what is the hardship. Mr. Ford replied the hardship of this lot is the smallest lot in this neighborhood that has a beautiful view that the other lots do not. He stated he is trying to build a home that will meet the premium pricing of this lot; trying to meet the price per square foot. Board member Reynolds questioned Mr. Brennan if he feels the HOA has a right to go above and beyond enforcing what this Board does not. Mr. Brennan replied it does not have a right to enforce the maximum lot coverage percentage. He stated they have the right to enforce the architectural design. Board member Reynolds questioned the Mr. Brennan if he feels that the proposed home will not meet the architectural design standards in which the HOA can enforce. Mr. Brennan replied yes, he feels the design of this home does not meet those standards. Board member Reynolds questioned Mr. Brennan regarding how did the homeowners delegate to you the right to speak on their behalf. Mr. Brennan replied the second set of plans were submitted to the architectural committee and they did not meet the criteria therefore with the meetings held, he was asked to speak. Board member Reynolds questioned Mr. Brennan regarding how many homes are in the neighborhood. Mr. Brennan replied 29. Board member Reynolds questioned Mr. Brennan regarding how many of those homeowners oppose or support the request. Mr. Brennan replied so far there are seven who wrote letters. Board member Reynolds questioned staff regarding what are the reasons for the staff recommendation of denial. Ron Ruthven replied the request does not meet the definition of a hardship within the Land Development Code. He stated it is not a legitimate case to recommend approval just because the rule had been broken previously. Board member Moore questioned staff regarding if they meet all of the other requirements within the zoning district with regards to setbacks. He stated Colleyville's interpretation is everything measured under the roof. He stated other cities use air conditioned space. He questioned staff if there is anything from the state's definition with regards to lot coverage. Ron Ruthven replied there is nothing defined from the state zoning standards; therefore it is up to the individual cities to make up their own definitions. Board member Moore questioned staff regarding if the air conditioned space was used to measure the lot coverage, would this request meet City of Colleyville Page 3 Printed on 6/9/2010 Zoning Board of Adjustment Minutes -Final March 9, 2010 those requirements. Ron Ruthven replied yes. Board member Moore questioned the Architectural Board regarding if the house itself meets the standards of the architectural committee. He replied it does not. Board member Mayhew questioned staff regarding the living area of a dwelling unit, specifically the heated and air conditioned areas, exclusive of breezeways, basements, open and closed porches, common corridors, parking areas, parking garages, and access buildings were to be excluded; what is the definition stating to include those areas. Ron Ruthven replied the Land Development Code does contain a definition for the lot coverage with the building footprint. Board member Mayhew stated defined by the building. Ron Ruthven replied the entire area under roof. He stated any area that is under the roof, being a porch under the same roof, therefore could be enclosed and still be within the setbacks of the lot. Board Member Sams questioned staff regarding what is the definition of building. Ron Ruthven replied a structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. Board Member Mayhew questioned staff if the access to the lake or pond is called an easement. Ron Ruthven replied actually it is part of 804 Fegans Path, a flag portion of that lot. Board member Moore questioned staff regarding if 804 will ever be developed. Chairman McNosky replied that is HOA land. Mr. Blake, the architect, came forward to show an exhibit on the podium. Board member Moore questioned Mr. Blake regarding the form survey presented previously. Mr. Blake replied that form survey has since been decreased from the original. He stated the stakes on the property are not the new ones. Board member Reynolds questioned Mr. Blake regarding if the homeowners who are present have lied to the Board with their exhibits. Mr. Blake replied they have misrepresented exhibits. Board member Reynolds questioned Mr. Blake regarding if he owns property in this subdivision or stand to make a profit if this variance is approved. Mr. Blake replied no he does not own property in this subdivision and has already been paid by the Ford's for his services. Board member Moore questioned staff if there are any plans or thought City of Colleyville Page 4 Printed on 6/9/2010 Zoning Board of Adjustment Minutes -Final March 9, 2010 to amend the code with regards to the foot print size as to air conditioned and heated versus under roof. Ron Ruthven replied not at this time; however, he replied he would do other research to compare with other cities. There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Board member Reynolds stated the Board should follow the recommendation made by staff. Board member Moore stated there is much ambiguity to the definitions. Board member Moore moved to approve case VC10-001. Board member Mayhew seconded. The motion failed by the following vote: Aye: 3 -Moore, McNosky, Mayhew, Alt. 1 Nay: 2 -Reynolds, Sams Absent: 2 - Gotcher, Doyle, Alt. 2 5b Case VC10-002- Approval of a request for a variance to the lot coverage requirements by buildings in Chapter 3 - Land Use of the Land Development Code on Lot 13, Block 1 of the Colleyville Heights Addition located at 813 Regina Court Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:15 p.m. Todd Handwerk, the applicant, came forward and presented the case and briefed the Board members. Karen Moore, 5412 South Drive, spoke in opposition to the request with concerns for drainage on her property. Chairman McNosky stated acknowledging her concern and stated staff would have to follow through with the drainage issue. Board member Reynolds questioned Mr. Handwerk regarding what is the hardship with this request. Mr. Handwerk replied that within the last six months, staff has changed it's interpretation for the definition of lot coverage, as previously discussed with the first variance request of the evening. He stated they have designed the house based on what was approved in the past. City of Colleyville Page 5 Printed on 6/9/2010 Zoning Board of Adjustment Minutes -Final March 9, 2010 Chairman McNosky stated not being comfortable the ambiguity of the definitions and stated that somewhere in the code it needs to state that in this year staff will follow this definition or interpretation which will carry on. Board member Reynolds questioned staff regarding who interpreted the lot coverage. Ron Ruthven replied it was a building inspector who also did plan reviews. He further stated he does not have any ambiguity in the definition; there is no wiggle room and stated it is a unique code requirement. Chairman McNosky stated once the definition is made clear; there needs to be a clear start date for the use of the new definition. Ron Ruthven concurred and stated not being comfortable with having to do this with these applicants. Board member Reynolds concurred. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Board member Moore moved to deny case VC10-002. Board member Sams seconded. The motion to denied carried by the following vote: Aye: 5 -Reynolds, Moore, Sams, McNosky, Mayhew, Alt. 1 Absent: 2 - Gotcher, Doyle, Alt. 2 6. ADJOURNMENT The meeting adjourned at 8:32 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 5, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 8, 2010. City of Colleyville Page 6 Printed on 6/9/2010 C~~Y of COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE Il® MEETING MINUTES -March 16, 2010 Texas CALL TO ORDER The meeting was called to order at 4:05 p.m. ROLL CALL Present: Odilon Alvarado, Gail Manion, Judy Atwood, Debby Abitz and Mike O'Shields Staff Present: Steve Chutchian, Jeremy Hutt and Kathy Moore APPROVAL OF MINUTES Gail Manion moved to approve the minutes from the February 9, 2010 Committee meeting and Judy Atwood seconded the motion. The vote was unanimous; the minutes were approved as written. AGENDA ITEMS 1. Discussion and Reevaluation of the Proposed Five-Year Sidewalk Capital Improvement Plan (CIP) Steve Chutchian informed the Committee that City Council requested that staff have them reevaluate several of the sidewalk selections in their proposed five-year Sidewalk CIP. He preceded to go through the proposed projects as followed: • 2010 Glade Road (1001 and 1009 Glade Road) -There were no issues with this project. • 2010 Glade Road at Behrens Court -Council is aware of a problem with the acquisition of an easement for this project. Staff has contacted the Behrens family concerning the easement and their position has not changed. Council does not want to approve this project when it is very unlikely that the easement issues will be resolved anytime soon. However, staff will continue negotiations to resolve the issues and suggest that the Committee keep this project on the plan but push it forward to a future year pending an easement. • 2011 Tinker Road (Emerald Drive to Pleasant Run) -There were no issues with this project. • 2011 Herbert Road -Council collectively had a lot of issues with this project. Council felt that there were not a sufficient number of children in this neighborhood and the Reserve at Colleyville has not yet developed. Due to the lack of pedestrian traffic at this time, Council would like to see this project moved farther down the line for future consideration. Colleyville Trails and Sidewalks Committee Meeting Minutes -March 16, 2010 • 2012 Bluebonnet Drive -There were no issues with this project. • 2013 John McCain Road -There were no issues with this project. • 2014 Tarrant Lane -Council did not like this project even though it connected to SH26 it is a business /commercial area and there was nothing to connect to. They would like the Committee to find another project in that district. Due to Council concerns over several of the selected projects, Jeremy Hutt offered some alternatives and their cost. In addition, he passed out an updated CIP schedule which includes some rearranging of projects. The schedule is as follows: • 2010 Glade Road (1001 and 1009 Glade Road) -This project stays the same. • 2010 Tinker Road (Emerald Drive to Pleasant Run) -This project has been moved from 2011 to 2010 because we have already bid this project and we can get it done quickly. • 2011 Glade Road at Behrens Court -This project has been moved down to 2011 with the footnote added that the project is contingent on the easement acquisition. If the easement issue is not resolved the money for this project will remain in this district for an alternate project. • 2011 McDonwell School Road (Herbert Road to existing Trail) -Council requested that this site be considered as an alternate project for the existing Herbert Road project. The estimated cost for this project is $34,100, which may change a little once solid numbers are put together. The unused funds would remain in the district for future projects. * Note: the Committee was not in agreement with this choice for a project due to the fact that there are existing sidewalks on the south side of McDonwell School Road and ways to get to them; they consider this a luxury not a necessity. Committee suggested moving this project further down the list. • 2012 Highland Meadows Drive (2508 to Pool Road) -This is an alternate project for Tarrant Lane and is not considered a redevelopment area. This project would fill in the gaps on the north side of Highland Meadows Drive to Pool Road. The cost estimate is $13,100. • 2013 Bluebonnet Drive -This project was moved from 2012 to 2013 with the adjustment of the new projects. • 2014 John McCain Road -This project was moved from 2013 to 2014 to coincide with the upcoming Pleasant Run Road and John McCain Road Intersection Improvements. After much discussion on the projects and their construction order the Committee agreed that they would like more time to review the 5-Year Sidewalks CIP; however, they did wish to move forward with the two projects for 2010. It was agreed that Odilon Alvarado, Committee Chairman would draft a letter to the City Manger stating their request. Once the letter is drafted, and the City Manager approves, staff will take the 2010 projects to Council for their approval. Judy Atwood made a motion to accept the 2010 expenditures for the Glade Road sidewalks for 1001 and 1009 Glade Road and the Tinker Road sidewalks from Emerald Drive to Pleasant Run Road. In addition, the Committee will continue to rework and evaluate the 5-Year Sidewalk CIP which will now Colleyville Trails and Sidewalks Committee Meeting Minutes -March 76, 2010 be for FY-2011 through FY-2015. Gail Manion seconded the motion. The vote was unanimous. STAFF REPORTS The committee agreed to meet on Tuesday, June 8, 2010 at 4:00 p.m. CITIZEN COMMENTS There were no Citizen comments. ADJOURNMENT The meeting adjourned at 5:10 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: June 8, 2010 Colleyville Trails and Sidewalks Committee Meeting Minutes -March 16, 2010 RESOLUTION R-10-3242 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 15, 2010 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor