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HomeMy WebLinkAboutCity Council-Agenda Packets-7/6/2010City Hall l 2 °~ City of Colleyville 100 Main Street r"~.4~~~ X it~`3 Colleyville, Texas 76034 '~~~# Agenda 817.503.1000 ,.;, www.colleyville.com City Council Tuesday, July 6, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the final floor plan configurations for the Colleyville Public Library Second Floor Expansion Project PC-2 Discussion of the Traffic Safety Advisory Committee recommendations regarding speed limits on major thoroughfares PC-3 Discussion of a Local Transportation Project Advance Funding Agreement (LTPAF) with the Texas Department of Transportation (TxDOT) and an interlocal agreement with the Fort Worth Transportation Authority (The T) for off-system design and construction of quad gates PC-4 Discussion of dates for a joint City Council and Colleyville Economic Development Corporation (CEDC) worksession on economic development incentives PC-5 Discussion of the July 6, 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 551.074 -Personnel -Deliberate the appointment, employment, evaluation and duties of the Municipal Court Judge 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 7/2/2010 City Council Agenda July 6, 2010 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3243 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Firefighter/Paramedic Jeremy T. Lewis and Officer Todd Hildebrandt for receiving the 2010 Careflite Great First Responder's Award Proclamation in recognition of Clarissa Wedemeyer, 2009 All American High School Soccer Team -Mayor David Kelly Proclamation in recognition of National Parks and Recreation Month - Monica Walsh, Parks and Recreation Director 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3244 4a Approval of the minutes of the regular City Council meeting of June 15, 2010 4b Approval to pursue grant funding to replace the Colleyville Fire Department brush truck, from the Texas Forest Service 4c Approval of an Interlocal Agreement between the Grapevine-Colleyville Independent School District and the City of Colleyville for School Resource Officers (SRO), and authorize the City Manager to execute the agreement 4d Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Northstar Bank City of Colleyville Page 2 Printed on 7/2/2010 City Council Agenda July 6, 2010 4e Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Worthington Bank 4f Approval of a bid award to High Cotton USA, Inc., for printing and mailing of utility bills and inserts 4g Approval of a donation from Keep Colleyville Beautiful (KCB) for landscape enhancements at the Colleyville Central Fire Station, in the amount of $6,345.70 4h Approval of retired fire apparatuses trade-in for acceptance of new fire apparatuses and authorize the City Manager to release the vehicle titles ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 5b 0-10-1757 Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1758 Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 6b 0-10-1759 Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC10-010 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3245 Approval of the Public Safety Regionalization Interlocal Agreement 7b R-10-3246 Approval of the revised Little Bear Creek Trail Extension State Transportation Enhancement Program grant application submittal and committing an additional $22,062 in funding 7c R-10-3247 Consideration of appointment to the Audit Committee City of Colleyville Page 3 Printed on 7/2/2010 City Council Agenda July 6, 2010 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Library Board Minutes -March 22, 2010 Planning and Zoning Commission Minutes -May 24, 2010 Planning and Zoning Commission Minutes -June 14, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 6, 2010 - Reading and Public Hearing -Resolution R-10-3248 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 2, 2010, by 5:00 p.m. y~ 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 7/2/2010 ;~ y., :~. City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 T.., Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Library File Type: Pre Council Agenda Date: 07/06/2010 Agenda No.: PC-1 Status: Pre Council Controlling Body: City Council Final Action: File Name: Presentation of the final floor plan configurations for the Colleyville Public Library Second Floor Expansion Project. Attachments: Second Floor Plan Furniture Reconfiguration Plan -Option 1 History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Presentation of the final floor plan configurations for the Colleyville Public Library Second Floor Expansion Project Explanation This item is provided as an update to City Council on the Colleyville Public Library Second Floor Expansion Project. At the Pre Council meeting on April 6, 2010, City Council approved the preliminary schematic design plan of the Colleyville Public Library Second Floor Expansion Project with costs estimated at $749,566, which included an architectural design plan estimated to cost $60,000. Several funding sources were identified to finance the total renovation project including: Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget ($575,000) • Colleyville Public Library Foundation ($175,000) At the May 4, 2010 City Council meeting, Council approved a contract for architectural design services with Hidell and Associates Architects for the Colleyville Public Library Second Floor Expansion Project in an amount not to exceed $64,000, with an estimated reimbursable expense allowance not to exceed $2,000, and authorized the City Manager to execute the contract. The contract provided for Hidell and Associates Architects to develop the proposed architectural design plan to include the following: • Design and preparation of contract documents, which will include architectural, mechanical, plumbing, electrical, and structural services for the implementation of the proposed design. The design will include the selection and presentation of materials, finishes, and color palettes for City Council for approval. City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued • Construction administration services to include the construction and installation of the additional stairwell and all components relative to the construction of the interior finish-out of the second floor of the library based on the approved floor plan presented to the Library Board and City Council. The architect will review all Requests for Information (RFI's) submitted by the general contractor, issue any required Architectural Supplemental Information (ASI's), review all shop drawing submittals for all required products and equipment and pay applications. • Furniture layout design and specification of additional furniture for the second floor finish out and various options of furniture to be reviewed and validated by staff prior to issuing the final furniture, furnishings and equipment (FF&E) package for bid. The architect will assist in review of bids, qualifying of bidders and verifying references of the proposed bidders. The architect will also coordinate the furniture relocation from the first floor to the second floor and the furniture relocation on the first floor. • Design of the teen area on the first floor including recommendations for furniture and multi-media equipment as directed by City Council on April 6, 2010. This was not included in the schematic design plan design, which increased the cost of design services by $4,000 from the estimate of $60,000. • Coordination of the installation of 3M Library Materials Intelligent Return and Sorter System in the library's drive-thru. The architect will assist and prepare documentation as needed for the installation of the automated return system. On June 21, 2010, Bill Hidell, Hidell and Associates Architects, reviewed the proposed final floor plan configurations for the Second Floor Expansion Project with the Colleyville Public Library Board. The Board approved and recommended that the proposed final floor plan configurations with probable construction cost be presented to the City Council during the July 6, 2010 Pre Council meeting. Representatives from Hidell and Associates Architects will present an update on the renovation of the first and second floors of the Colleyville Public Library, including an estimate of probable construction cost. Hidell Architects worked with staff to finalize the attached proposed floor plan configurations of the first and second floor. The first floor renovation includes a reconfiguration of the existing meeting room into a teen area as directed by City Council on April 6, 2010. The second floor expansion includes a children's story time area, a dividable meeting room, children's collection area, staff workroom, and children's craft room. The City Engineering, Fire and Building Inspection Departments have reviewed the proposed floor plan configurations to ensure code compliance. With City Council approval of the attached design, Hidell and Associates Architects will prepare construction documents for the renovation for the bid phase in July 2010. Hidell and Associates Architects will also be presenting preliminary furniture plans for the first and second floors of the Colleyville Public Library. The library staff has worked with Hidell and Associates Architects to develop a preliminary furniture configuration for the second floor expansion, and a reconfiguration of the first floor furniture. The final furniture City of Colleyville Page 2 Printed on 7/1/2010 Agenda Briefing Continued layout design and specification of additional furniture for the second floor finish out will be presented to City Council at the August 17, 2010 City Council meeting. The following is the timeline for the remaining elements of the Colleyville Public Library Second Floor Expansion Project: • Construction Bid Phase -July 2010 • Award Construction Contract -August 17, 2010 • Final Furniture Configuration submitted by Hidell and Associates Architects to City Council for approval -August 3, 2010. • Project Mobilization Phase -August 2010 • Furniture Bid Phase -August 2010 • Award Furniture Contract -September 2010 • Construction Phase -September -November 2010 • Furniture Installation -November 2010 • Completion of Project -December 2010 City of Colleyvil/e Page 3 Printed on 7H/2010 WOMEN MEN TOILET FOUNTAIN ELEC. JANROR STAIR C> OV" ,~b;i q~, ~ 1 ~ it / ~ ~ ~~> >~' ~~ CHILDREN'S COMPUTERS O~ O W iJUW iJU O~~ O ~ O~ ${ - I { L_-_ `l CHN.DRE118 ~ `~~ STAIR STACKS E'A`U C/ .. O' SECOND FLOOR PLAN COLLEYVILLE PUBLIC LIBRARY HIDELL ARCHITECTS 06.21.2010 VESTIBULE WOMEN DATA MEN TOILET O FOUNTAIN ELEV. O O EQUIP. / ~ ~~j ~ / /~/ / // /-/ V ~ / ~ / FOYER /// mil/ sroRAGE ~ ~~ STORAGE LOUNGE CtRCULATKIN ® OOO DESK O O DROP DIRECTOR ~r~..., nwk q~ 1 =1~ .tlikf~lvlflCilpX ~~ G ~i l1 (~-F~~~~ STUDY AN:?xGiliIC110M i I ~ I STUDY fi A ~~ STACK AREA wa~ .eLLiWxiCttln OVSOSAtOM 'B i U(~I~ C EATING i ~c~L~E~ O v nl ~n Wa~ Mllif "t ~. I" ,~.~ ,~.E FURNITURE RECONFIGURATION PLAN -OPTION 1 COLLEYVILLE PUBLIC LIBRARY HIDELL ARCHITECTS 06.18.2010 STUDY STAIR "'~PJ SERVICES (/may\;(/~~/ TECHNICAL ® ~o~d, ~~~ 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: 07/06/2010 Controlling Body: City Council Requester: Police Department Agenda No.: PC-2 Final Action: File Name: Discussion of the Traffic Safety Advisory Committee recommendations regarding speed limits on major thoroughfares Attachments: Traffic counts conducted May 13-21 and May 26 -June 3, 2010.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Discussion of the Traffic Safety Advisory Committee recommendations regarding speed limits on major thoroughfares Explanation At the April 20, 2010 Pre Council meeting, Councilmember Muhm requested a discussion be held regarding speed limits on major thoroughfares in the City. At that meeting, Police Chief Steve Dye explained the goal of any speed limit is to set a reasonable and prudent speed to ensure adequate and safe vehicular travel while only sanctioning those motorists traveling at an unreasonable speed for the existing roadway conditions. Chief Dye also noted section 545.356 of the Texas Transportation Code allows the governing body of a municipality the authority to alter, by ordinance, prima facie speed limits from the results of an engineering and traffic study. Chief Dye explained some of the primary components of an engineering and traffic study, commonly referred to as a speed zone study, include speed samples to determine the 85 percentile, a crash study, strip maps to document data, a speed zone analysis regarding the actual roadway design, and a recheck of speed zones. Finally, Chief Dye reviewed City of Colleyville Ordinance 0-07-1629, which establishes all speed limits in the City at 30 miles per hour unless otherwise posted and lists the school safety zones by location. Based on the discussion, City Council decided to refer the issue to the Traffic Safety Advisory Committee for further review and recommendations. On May 11, 2010, the Traffic Safety Advisory Committee met and discussed the issue of speed limits on major thoroughfares within the City of Colleyville. At that meeting, Chief Dye explained the purpose of speed limits and provided the committee with data concerning speeding citations written by the police department. A review of the citations for 2010 year-to-date as of the May 11, 2010 meeting, found that 2,443 speeding citations had been issued and 98% of those were written for 10 miles or more over the speed limit. Of the 2% written for less than 10 miles over the limit, the majority were written for speeding in a 20 mile per hour school zone. A further analysis of the data found the top seven roadways City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued -- where the most speeding citations have been written are: Cheek Sparger Road 590 Glade Road 556 Colleyville Boulevard 385 Hall-Johnson Road 225 Pleasant Run Road 175 Pool Road 152 John McCain Road 114 The committee unanimously agreed the only roadways that warranted a review of the current speed limit were Pool Road and Hall-Johnson Road based on the fact they are each four-lane roadways where the speed limit is 30 miles per hour in Colleyville and 35 miles per hour just outside the city limits, in Grapevine. The committee agreed to have the police department collect two weeks of speed data in order to assist them in their recommendations to City Council. On June 7, 2010, the Traffic Safety Advisory Committee reconvened and discussed the speed data collected by the police department. In order to collect the data, the police department utilized two devices that capture vehicle speeds through the use of a radar hidden within a sign that normally displays the vehicle speed. The displays were turned off in order to allow the device to capture actual speeds in lieu of slowing and regulating traffic through the visual display of the speeds. The devices emit a constant radar signal, which results in some vehicle speeds being captured multiple times. The devices have to be mounted on existing posts, which limited their placement. The vehicle speeds captured multiple times were over a short enough distance where the vehicle was unable to greatly alter its speed. As a result, the vehicle count numbers were somewhat inflated, but the percentages in the individual speed categories were not significantly affected. These devices are not designed to be a certified instrument or to render certified results, but were used only to provide additional information to the committee in the formation of their recommendations to City Council. Each roadway was surveyed for a total of two weeks with one week for each direction of travel. The results of the vehicle speed counts are included as attachments to this briefing. An overview of the data found that the majority of speeds for each roadway fell between 31 and 40 miles per hour. Pool Road showed more speeds at 21 to 30 miles per hour, which is attributable to the school zone on that roadway. The westbound total vehicle count on Hall-Johnson Road is particularly inflated as the westbound device was posted at the end of a straightaway, whereas the eastbound device had to be posted on a sign at the crest of a hill. Chief Dye also shared six a-mails with the committee that he received from citizens regarding the discussion of the speed limits on major thoroughfares and all opposed increasing the speed limit. The committee learned the City of Grapevine conducted an engineering and traffic study on Hall-Johnson Road in 2004 and, subsequently, raised the speed limit from 30 miles per hour to 35 miles per hour. It could not be determined when the Pool Road speed limit was set at 35 miles per hour in Grapevine. Upon reviewing the aforementioned information, the Traffic Safety Advisory Committee submitted the following recommendations for City Council consideration: City of Colleyville Page 2 Printed on 7/1/2010 Agenda Briefing Continued Two of the five members of the committee recommended the speed limits on both roadways remain at 30 miles per hour based on the following: ^ Roundabout on Glade and Pool Roads will help regulate traffic, thus eliminating the need for any speed limit changes ^ School zone already in place on Pool Road helps slow traffic most of the year ^ Pool Road segment is too short and has no curbed median ^ Numerous cyclists use both roadways ^ Inclines, declines, and curves on Hall-Johnson justify a 30 mph speed limit ^ Exiting neighborhoods onto Hall-Johnson would be more difficult with a 35 mph speed limit • All of the committee members recommended no changes to the speed limit on Pool Road • Three of the committee members recommended consideration of an engineering and traffic study on Hall-Johnson Road, regarding the appropriate speed limit, keeping in mind the western segment of Hall-Johnson has different characteristics than the eastern segment • If the speed limits remain at 30 miles per hour, all committee members recommended placement of Reduced Speed Ahead signs, in Grapevine, to provide motorists notice of the reduced speed limit within the city limits of Colleyville The total number of entrances onto Hall-Johnson Road, between Colleyville Boulevard and Pool Road, are as follows: Westbound Eastbound Public Roadways - 6 Private Residence Driveways - 2 Business Driveways - 7 Public Roadways - 8 Private Residence Driveways - 16 Business Driveways - 6 If City Council desires to explore changes in existing speed limits on major thoroughfares in the City, staff recommends a certified engineering and traffic study (speed zone study) be completed for each roadway. Financial considerations include the cost of a study and if speed limits were changed, a cost for replacing speed limit signs. Staff seeks City Council direction. City of Colleyville Page 3 Printed on 7/1/2010 Traffic Counts Conducted May 13-21 and May 26 -June 3, 2010: Hall-Johnson Road East Bound Hall-Johnson Road West Bound Pool Road North Bound Pool Road South Bound Hall-Johnson Road East Bound Traffic Counts -May 13-21, 2010 Miles per, Hour Time Start Time End 1 to 10 11 to 20 21 to 30 31 to 35 36 to 40 41 to 45 46 to 50 51 to 80 81 to 90 91 to 100 Total vehicles 12:00 AM 12:59 AM 0 0 0 0 0 0 0 0 0 0 0 1:00 AM 1:59 AM 0 0 0 0 0 0 0 0 0 0 0 2:00 AM 2:59 AM 0 0 0 0 0 0 0 0 0 0 0 3:00 AM 3:59 AM 0 0 0 0 0 0 0 0 0 0 0 4:00 AM 4:59 AM 0 0 0 0 0 0 0 0 0 0 0 5:00 AM 5:59 AM 0 0 0 0 0 0 0 0 0 0 0 6:00 AM 6:59 AM 5 8 42 212 168 28 3 0 0 0 466 7:00 AM 7:59 AM 5 14 84 399 337 46 4 2 0 0 891 8:00 AM 8:59 AM 7 21 96 422 310 41 3 1 0 0 901 9:00 AM 9:59 AM 8 27 125 403 243 32 2 3 0 0 843 10:00 AM 10:59 AM 10 31 106 422 259 36 4 1 0 0 869 11:00 AM 11:59 AM 10 27 115 392 326 46 5 2 0 0 923 12:00 PM 12:59 PM 8 21 93 440 368 53 7 1 0 0 991 1:00 PM 1:59 PM 9 21 107 382 312 51 4 2 0 0 888 2:00 PM 2:59 PM 7 23 131 428 313 54 5 2 0 0 963 3:00 PM 3:59 PM 8 25 124 461 323 48 4 2 0 0 995 4:00 PM 4:59 PM 8 26 102 418 385 48 9 3 0 0 999 5:00 PM 5:59 PM 7 23 106 447 371 74 7 1 0 0 1036 6:00 PM 6:59 PM 7 19 75 354 357 62 6 3 0 0 883 7:00 PM 7:59 PM 11 25 99 393 274 52 4 0 0 0 858 8:00 PM 8:59 PM 5 14 103 372 188 22 3 1 0 0 708 9:00 PM 9:59 PM 6 20 98 309 149 14 3 2 0 0 601 10:00 PM 10:59 PM 6 19 77 211 107 15 2 2 0 0 439 11:00 PM 11:59 PM 0 0 0 0 0 0 0 0 0 0 0 TOTAL 127 364 1683 6465 4790 722 75 28 0 0 14254 Percentage of Total 0.9% 2.6% 11.8% 45.4% 33.6% 5.1 % 0.5% 0.2% 0.0% 0.0% Hall-Johnson Road West Bound Traffic Counts -May 26 -June 3, 2010 Miles per Hour Time Start Time End 1 to 10 11 to 20 21 to 30 31 to 35 36 to 40 41 to 45 46 to 50 51 to 80 81 to 90 91 to 100 Total vehicles 12:00 AM 12:59 AM 0 0 0 0 0 0 0 0 0 0 0 1:00 AM 1:59 AM 0 0 0 0 0 0 0 0 0 0 0 2:00 AM 2:59 AM 0 0 0 0 0 0 0 0 0 0 0 3:00 AM 3:59 AM 0 0 0 0 0 0 0 0 0 0 0 4:00 AM 4:59 AM 0 0 0 0 0 0 0 0 0 0 0 5:00 AM 5:59 AM 0 0 0 0 0 0 0 0 0 0 0 6:00 AM 6:59 AM 13 18 188 323 137 30 8 1 0 0 718 7:00 AM 7:59 AM 16 26 371 683 300 46 8 6 1 0 1457 8:00 AM 8:59 AM 29 35 380 785 371 50 7 4 0 1 1662 9:00 AM 9:59 AM 29 39 343 712 431 68 8 4 0 0 1634 10:00 AM 10:59 AM 28 42 314 744 453 74 12 6 0 0 1673 11:00 AM 11:59 AM 30 34 291 769 506 105 9 6 1 0 1751 12:00 PM 12:59 PM 29 34 316 763 544 107 11 3 0 0 1807 1:00 PM 1:59 PM 24 39 303 757 555 106 8 8 0 0 1800 2:00 PM 2:59 PM 24 39 354 790 507 91 10 5 2 0 1822 3:00 PM 3:59 PM 27 36 354 804 521 78 11 3 0 0 1834 4:00 PM 4:59 PM 29 41 251 850 615 107 11 7 0 0 1911 5:00 PM 5:59 PM 26 33 254 855 626 123 12 5 0 0 1934 6:00 PM 6:59 PM 24 31 248 738 535 99 11 5 0 0 1691 7:00 PM 7:59 PM 17 31 235 613 435 78 10 4 0 0 1423 8:00 PM 8:59 PM 17 32 274 585 376 48 13 6 0 0 1351 9:00 PM 9:59 PM 14 31 253 579 310 40 7 2 0 0 1236 10:00 PM 10:59 PM 10 26 197 449 224 38 9 5 0 0 958 11:00 PM 11:59 PM 0 0 0 0 0 0 0 0 0 0 0 TOTAL 386 567 4926 11799 7446 1288 165 80 4 1 26662 Percentage of Total 1.4% 2.1 % 18.5% 44.3% 27.9% 4.8% 0.6% 0.3% 0.0% 0.0% Pool Road North Bound Traffic Counts -May 13 - 21, 2010 M iles per Hour Time Start Time End 1 to 10 11 to 20 21 to 30 31 to 35 36 to 40 41 to 45 46 to 50 51 to 80 81 to 90 91 to 100 Total vehicles 12:00 AM 12:59 AM 0 0 0 0 0 0 0 0 0 0 0 1:00 AM 1:59 AM 0 0 0 0 0 0 0 0 0 0 0 2:00 AM 2:59 AM 0 0 0 0 0 0 0 0 0 0 0 3:00 AM 3:59 AM 0 0 0 0 0 0 0 0 0 0 0 4:00 AM 4:59 AM 0 0 0 0 0 0 0 0 0 0 0 5:00 AM 5:59 AM 0 0 0 0 0 0 0 0 0 0 0 6:00 AM 6:59 AM 10 31 121 294 201 43 4 3 0 0 707 7:00 AM 7:59 AM 9 129 822 388 142 32 5 2 0 0 1529 8:00 AM 8:59 AM 15 65 422 747 386 57 5 3 0 0 1700 9:00 AM 9:59 AM 15 53 276 710 505 91 10 1 0 0 1661 10:00 AM 10:59 AM 13 50 228 658 538 99 11 1 0 0 1598 11:00 AM 11:59 AM 16 54 238 704 552 130 8 0 0 0 1702 12:00 PM 12:59 PM 14 54 229 679 624 142 7 1 0 0 1750 1:00 PM 1:59 PM 13 100 440 588 487 108 11 5 0 0 1752 2:00 PM 2:59 PM 13 212 916 399 209 60 5 1 0 0 1815 3:00 PM 3:59 PM 11 101 560 650 517 103 12 1 0 0 1955 4:00 PM 4:59 PM 14 56 230 719 744 179 13 1 0 0 1956 5:00 PM 5:59 PM 20 54 184 697 779 273 29 5 0 0 2041 6:00 PM 6:59 PM 14 63 167 651 783 244 28 7 0 0 1957 7:00 PM 7:59 PM 19 64 171 540 541 124 8 1 0 0 1468 8:00 PM 8:59 PM 15 55 184 450 353 66 7 0 0 0 1130 9:00 PM 9:59 PM 13 53 154 377 192 28 4 2 0 0 823 10:00 PM 10:59 PM 0 0 0 0 0 0 0 0 0 0 0 11:00 PM 11:59 PM 0 0 0 0 0 0 0 0 0 0 0 TOTAL 224 1194 5342 9251 7553 1779 167 34 0 0 25544 Percentage of Total 0.9% 4.7% 20.9% 36.2% 29.6% 7.0% 0.7% 0.1 % 0.0% 0.0% Pool Road South Bound Traffic Counts -May 26 -June 3, 2010 M iles per H our Time Start Time End 1 to 10 11 to 20 21 to 30 31 to 35 36 to 40 41 to 45 46 to 50 51 to 80 81 to 90 91 to 100 Total vehicles 12:00 AM 12:59 AM 0 0 0 0 0 0 0 0 0 0 0 1:00 AM 1:59 AM 0 0 0 0 0 0 0 0 0 0 0 2:00 AM 2:59 AM 0 0 0 0 0 0 0 0 0 0 0 3:00 AM 3:59 AM 0 0 0 0 0 0 0 0 0 0 0 4:00 AM 4:59 AM 0 0 0 0 0 0 0 0 0 0 0 5:00 AM 5:59 AM 0 0 0 0 0 0 0 0 0 0 0 6:00 AM 6:59 AM 6 13 96 186 111 22 2 0 0 0 436 7:00 AM 7:59 AM 31 638 293 134 87 17 4 1 0 0 1205 8:00 AM 8:59 AM 10 85 497 380 212 40 4 1 0 0 1229 9:00 AM 9:59 AM 9 55 368 477 326 62 8 1 0 0 1306 10:00 AM 10:59 AM 11 49 322 513 458 130 12 2 0 0 1497 11:00 AM 11:59 AM 9 56 323 569 477 130 12 1 0 0 1577 12:00 PM 12:59 PM 8 44 281 545 535 166 22 4 0 0 1605 1:00 PM 1:59 PM 12 257 361 368 374 122 14 0 0 0 1508 2:00 PM 2:59 PM 19 747 318 193 174 77 7 3 0 0 1538 3:00 PM 3:59 PM 7 233 370 484 425 130 14 5 0 0 1668 4:00 PM 4:59 PM 10 14 225 585 639 219 24 4 0 0 1720 5:00 PM 5:59 PM 10 13 208 628 668 261 33 3 0 0 1824 6:00 PM 6:59 PM 8 10 153 527 569 230 26 3 0 0 1526 7:00 PM 7:59 PM 10 11 127 501 465 127 15 4 0 0 1260 8:00 PM 8:59 PM 8 10 169 564 426 105 14 3 0 0 1299 9:00 PM 9:59 PM 3 5 189 514 372 67 10 3 0 0 1163 10:00 PM 10:59 PM 0 0 0 0 0 0 0 0 0 0 0 11:00 PM 11:59 PM 0 0 0 0 0 0 0 0 0 0 0 TOTAL 171 2240 4300 7168 6318 1905 221 38 0 0 22361 Percentage of Total 0.8% 10.0% 19.2% 32.1 % 28.3% 8.5% 1.0% 0.2% 0.0% 0.0% ,> ~,. ~ ~, City Hall -_ r,,~ City of Colleyville 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 Requester: Engineering Department Agenda Date: 07/06/2010 Agenda No.: PC-3 Controlling Body: City Council Final Action: File Name: Discussion of a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation and an interlocal agreement with the Fort Worth Transportation Authority for off-system design and construction of quad gates Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Discussion of a Local Transportation Project Advance Funding Agreement (LTPAF) with the Texas Department of Transportation (TxDOT) and an interlocal agreement with the Fort Worth Transportation Authority (The T) for off-system design and construction of quad gates Explanation A Local Transportation Project Advance Funding Agreement (LTPAF) with TxDOT and an interlocal agreement with The T are scheduled to be presented for City Council consideration on July 20, 2010. Both agreements are necessary in order to perform the design, permitting, and construction of quad gate improvements at three crossings along the Cotton Belt rail line within Colleyville. Staff submits this briefing to provide City Council with an advance discussion and update on the proposed project. The T anticipates the operation of light rail service along the Cotton Belt rail, from Fort Worth to Grapevine, occurring as early as 2013. Prior to initiation of light rail service along this corridor, it will be necessary for The T to consider numerous modifications to the existing track and address noise and safety issues in all affected areas. Colleyville has three crossing locations within the limits of the proposed light rail corridor, including Bransford Road, Pleasant Run Road, and John McCain Road. Staff previously determined that both noise abatement and vehicle safety along the rail corridor may be significantly enhanced by applying for quiet zone designations at each crossing location. In order to achieve this designation, it will be necessary for quad gates and other related appurtenances, such as raised medians, to be installed. Staff submitted an application in 2007 for federal grant funds to design and construct quad gates, and to apply for quiet zone designations for each location on the Cotton Belt rail City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued within Colleyville. In November 2008, the Federal Highway Administration approved the 2008 Statewide Transportation Improvement Program (STIP) and the Texas Transportation Commission passed Minute Order 111335, which provides the funds for quad gate design and construction in Colleyville, in the amount of $1,436,000. It was also required as part of the grant award that the City provide matching local funds, in the amount of $359,000, for a total project cost of $1,795,000. This project is consistent with State Mobility 2030 and air quality conformity requirements. The North Central Texas Council of Governments (NCTCOG) previously advised the City that federal funds for design only, in the amount of $112,720, would be available in Fiscal Year 2010. Federal funding for construction would become available in Fiscal Year 2011 (FY 2011). In March 2010, staff was advised by NCTCOG that federal design funds may be delayed until FY 2011 if desired by the City. In order to access the approved federal funding for design and construction of quad gates at the three locations along the Cotton Belt rail line, it is necessary for the City to enter into a Local Transportation Project Advance Funding Agreement (LTPAF) with TxDOT. This agreement includes the following provisions for local government responsibility: 1. Right-of-way and real property acquisition 2. Adjustment of utilities within project site 3. Environmental assessment and mitigation 4. Compliance with Texas Accessibility Standards and American Disability Association guidelines 5. Architectural and engineering services 6. Project construction 7. Project maintenance 8. Construction cost overruns Staff determined the TxDOT design, permitting, environmental assessment, and construction process for the quad gate project is very complex and will also require permitting from Dallas Area Rapid Transit (DART) and the Federal Railroad Administration. As a result, staff recently approached The T and requested they enter into a separate interlocal agreement with the City to perform all associated engineering design, permitting, environmental assessment, and construction administration for the project in conjunction with the construction of the future Cotton Belt rail line. The T will be required through the Environmental Impact Study for commuter rail service on the Cotton Belt rail line to mitigate noise pollution from the operation of commuter rail. The T has tentatively agreed to fund the local match of $359,000 indicated in the LTPAF, subject to approval of the interlocal agreement by both parties. Staff will submit the LTPAF to City Council for consideration at the July 20, 2010 meeting, as it will be necessary for the City to approve it and return it to TxDOT accompanied by a required fee of $21,037, for the direct State costs for plan review, inspection, and oversight. The fee is anticipated to be included in the local funding match as part of the interlocal agreement with The T. If the required fee of $21,037 is not included in the interlocal agreement, it will be funded from the Fiscal Year 2010 Street Department resurfacing budget. In addition, a representative of the City will be required to complete a training course related to project procedures and submit a certificate of completion to TxDOT. City staff is scheduled to participate in the training course on July 22 and 23, 2010. Subsequently, City of Colleyville Page 2 Printed on 7/1/2010 Agenda Briefing Continued TxDOT will submit the LTPAF to the Federal Highway Administration for issuance of a formal Letter of Authority that will permit the City to begin the project. Staff will also submit the proposed interlocat agreement with The T to City Council for consideration at the July 20, 2010 meeting. This agreement will provide for all aspects of the quad gate project to be performed by The T on behalf of the City of Colleyville. Staff will perform all engineering plan review and submit formal permitting applications to the affected state and federal agencies under the guidance of The T. City of Colleyville Page 3 Printed on 7/1/2010 ~ , City Hall City Of Co~~eyvi~~e 100 Main Street ,s,, ~.,, rwYt r~/"~Nl ~_ . , ~~ Colleyville, Texas 76034 - Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Economic Development Department Agenda Date: 07/06/2010 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Discussion of dates for a joint City Council and Colleyville Economic Development Corporation (CEDC) worksession on economic development Attachments: Economic Development Incentive Policy.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Discussion of dates fora joint City Council and Colleyville Economic Development Corporation (CEDC) worksession on economic development incentives Explanation A detailed Economic Development Strategic Plan was presented to the City Council in late March. The Plan included a recommendation to present Colleyville's existing guidelines and criteria for economic development incentives to City Council and the Colleyville Economic Development Corporation (CEDC) Board in the third or fourth quarter of Fiscal Year 2010 for discussion of possible amendments and eventual consideration as is required by the State of Texas. Staff recommends a joint City Council and CEDC worksession be held July 22 or July 27, 2010, for this purpose. City of Colleyville Page 1 Printed on 7/2/2010 ECONOMIC DEVELOPMENT INCENTIVE POLICY Section 1. General Purpose and Objectives The City of Colleyville Economic Development Department is charged with expanding the City's taxable base. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish this important revenue generating task: • To identify and assist retail developers to commit, invest and build new high quality sales tax generating projects in Colleyville; • To assist landowners in the sale and development of potential retail, office and hotel sites to their highest and best use; and • To recruit new, and retain existing, Colleyville retailers, restaurants and other sates tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goat, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing retailers and to attract new retail businesses. Within the context of these goals, the City of Colleyville will give consideration to providing reasonable incentives as a stimulus for new development and redevelopment on a case-by-case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 2. Criteria Any request for incentive shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will address in narrative format in the application: Employment Impact • Total number of full time equivalent jobs brought to Colleyville; • Types of jobs created; • Total annual payroll. Fiscal Impact • Total real and personal property value to be added to the tax rolls; • Anticipated direct sales tax generated at one percent (1%) of taxable sales; • Other revenues generated for the city: franchise payments, occupancy taxes, utility revenues, etc; • City infrastructure construction required; • Projected total annual operating budget of the facility. Community Impact • The expected effect the project have on the local housing market; • The expected environmental impact, if any, created by the project; • The compatibility of the project with the City's comprehensive plan. Competitive Impact • The effect the project would have on exis#ing businesses in Colleyville; • A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; • A list of specific businesses seen as direct competitors to the applicant. Section 3. Types of Incentives It is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal !aw including, but not limited to: tax abatements, in-lieu-of freeport exemptions, sales tax grants and other grants in general, as well as participation in infrastructure and waiver of fees. These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program. The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville. Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 4. Value of Incentives Following an assessment of the response provided to the criteria contained in Section II, the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be offered to the applicant. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Tax Abatements: A Tax Abatement may be offered in two categories: 1. Real Property (not located in the TIF District); and/or 2. Business and Personal Property 2 Real property abatements may be offered to applicants, which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply only to the value of improvements made. Business Personal property abatements may be offered to applicants, which will pursue the purchase or long-term lease of existing facilities. The abatement will apply to the value of new personal property brought into the taxing jurisdiction. Once a determination has been made that a tax abatement may be offered, the value and term of the abatement wilt be determined according to the following schedule: Grants in general The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues. Retail Sales Tax Grants The City may by contract provide an incentive consisting of an annual grant based on a percentage of the sales and use tax received by the city from the sale of taxable items by the applicant. The City is authorized by Section 380.001, Texas Local Government Code, to make such grants. Sales and use tax means the city's one percent (1%) sales and use tax on the sale of taxable items by the applicant at the applicant's business location in the city. Sales tax receipts consist of the City's receipts from the State of Texas from the collection of sales and use tax by the applicant attributed to the sale of taxable items applicant's business location in the City for the previous twelve calendar month period. The applicant by contract will be required to provide a sales tax certificate setting forth the applicant's collection of sales and use tax for the sate of taxable items consummated at the applicant's business location in the City for the previous ending twelve calendar month period, together with such supporting documents#ion as may be required by the City. The grant would be conditioned on the applicant's continued ownership/occupancy of the project site. The safes tax grants would be paid in annual installments within ninety (90) days after the end of each twelve calendar month period following the issuance of the certificate of occupancy for the facility, or other commencement date if no certificate of occupancy is required. The grant would not include any of the City sates and use tax receipt from the imposition and collection of sales and use tax for taxable items consummated at any location, business, establishment or by any other entity in the City, other than from the applicant's sate of taxable items at the applicant's business location in the City. 3 Any sales tax grant payable would be limited to the extent that the City has received sales tax from taxable sates by the applicant. The City would not be required to provide any grant for any twelve calendar month period during the term of the agreement for which the City has not received sales tax revenue from taxable sales by the applicant for such twelve calendar month period. The City's obligation to pay the sales tax grants in the agreement would be conditioned upon the applicant providing the following: 1. A schedule detailing the amount of sales and use tax collected and paid by the applicant to the State of Texas for the previous twelve calendar month period for the sale of taxable items consummated at the applicant's business location in the City; 2. A copy of all sales and use tax returns and reports, sales and use tax prepayment returns, direct payment permits and reports, including amended sales and use tax returns or reports, filed by the applicant with the State of Texas for the previous twelve calendar month period showing sales and use tax collected and paid by the applicant for the sale of taxable items consummated at the applicant's business location in the City; 3. A copy of aA direct payment and self-assessment returns, including amended returns, filed by the applicant for the previous twelve calendar month period showing sales and use tax collected and paid by the applicant for the sale of taxable items consummated at the applicant's business location in the City; 4. Information concerning any refund or credit received by the applicant of sales and use tax paid or collected by the applicant which has been reported by applicant in a sales tax certificate for a previous twelve month period and for which a sales tax grant has been paid by the City; and 5. A schedule detailing the total sales of taxable items by the applicant consummated at the applicant's business location in the City for the previous twelve month period. The City will agree to the extent allowed by law, to maintain the confidentiality of the sales tax certificates. The City may condition the incentive upon the creation of employment, construction of improvements, certain development, continued operations for a stated period, or other public consideration. The contract shall require the applicant to construct certain improvements or expansions and contain at a minimum the following terms: 1. generation of certain level of sales tax; 2. annual written certification that applicant is in compliance with the agreement; 3. authority to terminate or modify the agreement if applicant fails to comply with agreement; 4. Minimum term of occupancy or continued operations within a city. to the event the applicant files an amended sales and use tax return, or report with the State of Texas, or if additional sales and use tax is due and owing, as determined or approved by the State of Texas, affecting sales tax receipts for a previous twelve calendar month period, the sales tax grant payment for the next twelve calendar period immediately fallowing such State of Texas approved amendment could be adjusted accordingly provided the city has received saxes tax 4 receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the applicant should provide the city with a copy of any such amended sales and use tax report or return, and the approved thereof by the State of Texas. !n the event the State of Texas determines that the city erroneously received sales tax receipts, or that the amount of sales and use tax paid to the city exceeds the correct amount of sales and use tax for a previous twelve calendar month period, for which the applicant has received a sales tax grant, the applicant will be required within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such sales tax grant exceeds the amount to which the applicant was entitled pursuant to such State of Texas determination, repay such amount to the City. Infrastructure Participation and Waiver of Fees The City of Colleyville may agree to a partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, permit applicants, utility taps and similar fees. Section 5. Recapture In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyvilie in full. Section 6. Procedural Guidelines Any person, organization or corporation desiring that the City of Colteyville consider providing economic development incentives to encourage location or expansion of operations within the city limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide incentives in any amount or value to any applicant. Preliminary Application Steps 1. Applicant shall complete an "Application for Economic Development Incentive" as provided by the City. 2. Applicant shall address all criteria questions outlined in Section 2 above in a letter format. 3. Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site. If the property is described by metes and bounds, a complete legal description shall be provided. 5 Applicant shall complete all forms and information detailed in items 1 through 3 above and submit them to the Economic Development Manager, City of Colleyville, 100 Main Street, Colleyville, Texas 76034. Application Review Steps 1. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 2. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. 3. Copies of the complete application package and staff comments will be provided to the City Council. Consideration of the Application The City Council will consider the application at a regular or called meeting(s). Additional information may be requested as needed. The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate. The City Council of Colleyville shall hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included in the zone and to the municipality." The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives. Section 7. Purpose of Policy The policy herein adopted is intended as a guide for use in developing economic development incentive programs under the provisions of state law. Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose herein adopted. 6 RESOLUTION R-04-2462 A RESOLUTION OF THE CITY OF COLLEYVILLE ADOPTING A POLICY FOR ECONOMIC DEVELOPMENT INCENTIVES WHEREAS, Texas State law provides for ahome-rule municipality to offer various economic development incentives; and WHEREAS, the economic viability of the City of Colleyville depends upon the City's ability to attract new investment through the location of new businesses as well as the expansion-retention of existing businesses; and WHEREAS, the City of Colleyville must enhance its competitiveness with other localities in both the retention, expansion and attraction of businesses; and WHEREAS, the Property Redevelopment and Tax Act requires that any City wishing to grant economic development incentives must first establish guidelines that govern consideration of such incentives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. That the Economic Development Incentives Policy contained in Exhibit "A° is hereby adopted. AND IT IS SO RESOLVED. PASSED BY A VOTE OF YES, D N YS AND ~ ABSTENTIONS ON THIS THE ~ DAY OF ~ ~-Qi~,~..,,. 2004. ATTEST: Cynthia Singleton, TRMC City Secretary CI OLLE oe cutt Mayor ~~ City of Colleyville , City Hall 100 Main Street ~ ~ +~ Colleyville, Texas 76034 T~,.~: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/06/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the July 6, 2010 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Discussion of the July 6, 2010 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 6/30/2010 ter" City of Colleyville 100 lain Street ~. ~~~ Colleyville, Texas 76034 T~~~= Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 07/06/2010 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -July 6, 2010 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/06/2010 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 551.074 - Personnel -Deliberate the appointment, employment, evaluation and duties of the Municipal Court Judge 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 6/30/2010 RESOLUTION R-10-3243 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 6, 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 BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~~"' City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 T.,~.:: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 07/06/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -July 6,2010 Attachments: Proclamation in recognition of Clarissa Wedemeyer.pdf Proclamation in recognition of Parks and Recreation Month.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Firefighter/Paramedic Jeremy T. Lewis and Officer Todd Hildebrandt for receiving the 2010 Careflite Great First Responder's Award Proclamation in recognition of Clarissa Wedemeyer, 2010 All American High School Soccer Team -Mayor David Kelly Proclamation in recognition of National Parks and Recreation Month -Monica Walsh, Parks and Recreation Director City of Colleyville Page 1 Printed on 6/30/2010 rocr~n~~tion Colleyville, ' Texas WHEREAS: Clarissa Wedemeyer, a 2011 graduate of Grapevine High School, was selected to play in the 2009 PARADE All American Soccer Team; and WHEREAS, Clarissa Wedemeyer is team captain of the Dallas Texans Soccer Club, Texas 93G Red Dallas Team, playing the position of defensive midfield; and WHEREAS, Clarissa's other honors include, NSCAA 2010 High All American Soccer, Adidas ESP 2009 All Star, National Team Pool 2009, 2010, and U-17 National Women's Soccer Team 2010; and WHEREAS, Clarissa also won the 2008 National Championship with the Dallas Texans 93G Red Dallas, and is a 2008 USYSA National Championship Golden Boot Winner, 2006-2010 ODP '93 State Team, 2005-2006 ODP '92 State Team and 2008- 2010 Region III ODP Team; and WHEREAS, while attending Grapevine High School, Clarissa was a 2007-2009 Varsity Team Member, 2007-2008 District Offensive MVP, 2008-2009 Varsity Captain, 2008- 2009 District Midfield MVP, a member of the National Honor Society; Honor Council and National Merit Semi Finalist; and WHEREAS, Clarissa Wedemeyer has committed to attending Stanford University in Fall 2011. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do recognize CLARISSA WEDEMEYER for her outstanding athletic performance and representation of the State of Texas, and further applaud and recognize her academic achievements. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 6`" day of July 2010. .,._ Mayor '" ~, / ~:~„~ ~~ ,t~x,,~ rocC~n~~tior~ Colleyville, Texas WHEREAS: public parks and recreation systems are dedicated to enhancing the quality of life for residents in communities around the world through recreation programming, leisure activities and conservation efforts; and WHEREAS, parks, recreation and leisure experiences provide opportunities for all citizens of a community to live, grow and develop into contributing members of society; and WHEREAS, parks and recreation programs generate opportunities for people to come together and experience a sense of community through fun recreational pursuits and provides outlets for physical activities, socialization and stress reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make communities desirable places to live, work and play, contributing to economic vitality; and WHEREAS, parks, trails and open spaces provide a welcome respite from our fast paced, high tech lifestyles while protecting and preserving our natural environment; and WHEREAS, parks and recreation touches the lives of individuals, families, groups and the entire community and positively impacts the social, economic, health and environmental quality of our community; and WHEREAS, July is recognized as National Parks and Recreation Month by the National Recreation and Park Association. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, do hereby proclaim the entire month of July as PARKS AND RECREATION MONTH and encourage all citizens to celebrate by participating in one of the many leisure pursuits available in our City and recognize the vital contributions of employees and volunteers in parks and recreation facilities. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville affixed \\ r ~ this 6~h day of July 2010. ~ - ~ Mayor ~ Tl'C'ilti RESOLUTION R-10-3244 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 6, 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 15, 2010 b. Approval to pursue grant funding to replace the Colleyville Fire Department brush truck from the Texas Forest Service c. Approval of an Interlocal Agreement between the Grapevine-Colleyville Independent School District and the City of Colleyville for School Resource Officers, and authorize the City Manager to execute the agreement d. Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Northstar Bank e. Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Worthington Bank f. Approval of a bid award to High Cotton, USA, Inc., for printing and mailing of utility bills and inserts g. Approval of a donation from Keep Colleyville Beautiful for landscape enhancements at the Colleyville Central Fire Station, in the amount of $6,345.70 h. Approval of retired fire apparatuses trade-in for acceptance of new fire apparatuses and authorize the City Manager to release the vehicle titles AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. Resolution R-10-3244 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~`~ City of Colleyville 100 Main Street ~~?,~ ~ r~ Colleyville, Texas 76034 "'~ Minutes -Draft 817. 503.1000 ~~.:~- www.colleyville.com City Council Tuesday, June 15, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 15, 2010, at 5:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor 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, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:00 p.m. PC-1 Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road Public Works Director Steve Chutchian provided information regarding a citizen request to install a traffic signal at Precinct Line Road and L.D. Lockett Road to facilitate traffic flow, stated Precinct Line Road is maintained by TxDOT and the TxDOT traffic signal warrant study of the intersection supports the need for the intersection to be signalized and reviewed options for the funding, design and installation of a traffic signal in the intersection. City Council determined that a request should be made to TxDOT to place the project on the list of proposed improvements to be performed by the Fort Worth District Traffic Operations Division, with all cost to be borne by TxDOT. City of Colleyville Page 1 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 PC-2 Review and discussion of the City Council Rules of Procedure Mayor Kelly stated the City Council Rules of Procedure are reviewed by the City Council annually for possible changes. Discussion ensued regarding the process and criteria for placing items on the City Council Consent agenda. It was determined the City Council Rules of Procedure would not be changed at this time. PC-3 Discussion of the 2010 Community Oriented Policing Services (COPS) Hiring Program Police Chief Steve Dye provided an overview of the Community Oriented Policing Services (COPS) 2010 Hiring Program and stated the Colleyville Police Department submitted a COPS Hiring Recovery Program application to secure one entry-level officer position to increase patrol staffing and enhance the department's community policing efforts. PC-4 Discussion of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III State Transportation Enhancement Funding Assistance Application submittal Parks and Recreation Director Monica Walsh provided the history of the construction of the Cottonbelt Trail System, funding sources for the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III, the Texas Department of Transportation (TxDOT) application process for funding through the State Transportation Enhancement Program (STEP) and answered questions of the City Council. Mr. Tim May, Planning and Landscape Architecture Manager, Teague, Nall and Perkins, Inc., spoke regarding TxDOT's requirement fora 14' pedestrian bridge crossing for Little Bear Creek Trail. City Council determined a resolution, for consideration of the additional funding commitment for the Little Bear Creek Trail, should be placed on the July 6, 2010 City Council agenda. PC-5 Presentation of the Monthly Financial Report -May 2010 Finance Manager Karen Hines presented the May 2010 Monthly Financial Report and answered questions of the City Council. City of Colleyville Page 2 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 Discussion ensued regarding the cost recovery rate for the Colleyville Center, water usage and the Fiscal Year 2010 sales tax projection. Colleyville Center Manager Lin Przybyl spoke regarding the cost recovery rate for the Colleyville Center. Community Development Director Ron Ruthven spoke regarding permits for the Reserve at Colleyville development. PC-6 Discussion of the June 15, 2010 City Council meeting regular agenda items There was no discussion of the regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 6:18 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 15, 2010, at 7:35 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, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, 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 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 City of Colleyville Page 3 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 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 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551..071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:18 p.m. and reconvened at 7:35 p.m. 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 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to join the Colleyville Public Library's Summer Reading Program, Bank on Books, which was launched Saturday, June 12, 2010, with special guest Miss Daisy, a pot-bellied pig, the giant prize room and a five foot tall piggy bank. Pastor Ricky Texada of Covenant Church presented a donation of $1,500 to Lieutentant David Swavey for. the Guns and Hoses Foundation, which benefits survivors of police officers killed in the line of duty. Chief Dye provided information regarding the Guns and Hoses Foundation and founder, Lieutenant Swavey. Lieutenant David Swavey expressed appreciation for the donation of $1,500 and provided the history and service area of the Guns and Hoses Foundation. City of Colleyville Page 4 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 Mayor Kelly invited the public to the Guns and Hoses Foundation charity boxing event on October 23, 2010. Mayor Kelly recognized Cindy Appleby, Librarian, for one year of service and Vicki Palmer, Technical Services Librarian, five years of service; Randy Bright, Public Works, five years of service; and Chuck Majors, Parks Superintendent, five years of service. Mayor Kelly recognized Troy Crawford, Parks Supervisor and Mike Almy, Equipment Operator for receiving the Innovation Award for Maintenance; Amy Shelley, Planning and Zoning Assistant for completing a Bachelor of Arts degree in Human Resource Management; Steve Jalovec and Jon Escamilla, Crewleaders; Norman King, James Watkins and Jeremy Martin, Equipment Operators; Robert Pinner, Utility Operator; and Ramon Ortiz, Backflow Technician for placing in the 2010 Public Works Road-e-o competition. Equipment Operator James Watkins presented a plaque to Mayor Kelly for support and recognition of employees and the Road-e-o event. Mayor Kelly invited everyone to the 2011 Road-e-o event, which is held the third Friday in May. 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 4c Approval of the minutes of the City Council worksession of May 20, 2010 Mayor Kelly read Resolution R-10-3238 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-10-3238. 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 City of Colleyville Page 5 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 Mayor Kelly read the caption of Ordinance 0-10-1752. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Danny LaPier, 6804 Colleyville Boulevard, applicant, was present to answer questions of the City Council. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1752. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 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. 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 Wollin moved to approve Ordinance 0-10-1753. 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 City of Colleyville Page 6 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 5c 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. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Finance Manager Karen Hines stated the proposed ordinance includes the option of debit cards as a method of payment for returned checks and once a payment for services is made using a credit card or debit card, the payment cannot be revoked without the City's approval. City Manager Jennifer Fadden stated the City only accepts Mastercard. Mayor Kelly moved to approve Ordinance 0-10-1754. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5d 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. 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 diversification and yield of the City's investments. Councilmember Hall moved to approve Ordinance 0-10-1755. Councilmember Taylor seconded the motion. City of Colleyville Page 7 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 City Manager Jennifer Fadden stated under the City's Investment Policy, the objectives, in order of importance, are safety, liquidity and yield. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 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 Mayor Kelly read the caption of Ordinance 0-10-1756. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a private pre-school and kindergarten located at 4309 Colleyville Boulevard and stated the Planning and Zoning Commission recommended approval and staff recommends approval. Mayor Kelly opened the public hearing. Ms. Mariana Ruiz, 4309 Colleyville Boulevard, provided information regarding the school curriculum and answered questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Fire Chief Russell Shelley spoke regarding the requirement for a fire evacuation plan for the school. 6b Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-10-1757. Police Chief Steve Dye provided an overview of the Colleyville Crime Control and Prevention District (CCCPD) Fiscal Year 2011 budget, stated the CCCPD Board approved the budget and answered questions of the City Council. Chief Dye provided information regarding the establishment and purpose of the CCCPD budget. City of Colleyville Page 8 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Approval of changing the regular City Council meeting dates in October and November 2010 and March 2011 Mayor Kelly read Resolution R-10-3239 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 moved to approve Resolution R-10-3239, amending the Resolution to state the Grapevine-Colleyville Independent School District spring break is March 14-18, 2010. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b 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 Mayor Kelly read Resolution R-10-3240 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the funding and lease purchase agreement with Wells Fargo for the lease of a 95' Pierce midpoint platform aerial fire apparatus and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Fire Chief Russell Shelley provided information regarding the service and life expectancy of the apparatus. Mayor Kelly moved to approve Resolution R-10-3240. Mayor Pro Tem Ayers seconded the motion. City of Colleyville Page 9 Printed on 6/30/2010 City Council Minutes -Draft June 15, 2010 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c 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 Mayor Kelly read Resolution R-10-3241 in its entirety. Public Works Director Steve Chutchian provided an overview of the 2010 Street Rehabilitation Improvement projects including timeline, cost and funding source and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding road access during construction, bid response and formula for establishing the contingency. Mayor Kelly moved to approve Resolution R-10-3241. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 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 There was no discussion of this item. City of Colleyville Page 10 Printed on 6/30/2010 City Council Minutes -Draft June 15, 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 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn and Councilmember Taylor seconded the motion. Mayor Kelly adjourned the meeting at 8:36 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 11 Printed on 6/30/2010 .~ ~~• ,~ - City Hall r;,,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Fire Department Agenda Date: 07/06/2010 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval to pursue grant funding to replace the Colleyville Fire Department brush truck, from the Texas Forest Service Attachments: Texas Forest Service Special Announcement New Grant Program Introduction.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Approval to pursue grant funding to replace the Colleyville Fire Department brush truck, from the Texas Forest Service Explanation Reading and Public Hearing The Fire Department's brush truck is 13 years old and past its normal service life. The vehicle is currently on its fourth transmission and has undergone numerous pump repairs that are becoming increasingly problematic. Partial funding for replacement was allocated two years ago, however, as this vehicle is used for open space fires, and the City is near buildout, the vehicle has limited use, and funding was shifted to higher priority needs in the Department. Budget conditions do not allow for replacement of the vehicle at this time, however, the Fire Department has received notice of a new grant program through the Texas Forest Service (TFS), which funds new brush fire apparatus for use in municipalities across Texas. The program provides 100% funding for the cost of the vehicle, up to a total of $85,000 and grant requests roll over annually until such time as the vehicle receives funding. The timeline for funding is unknown and could take up to several years, however, once the application is submitted, funding is provided based on initial grant ranking by TFS. Colleyville participates in the Texas Intra-State Fire Mutual Aid System (TIFMAS), a state program, whereby fire departments offer assistance with equipment and personnel in statewide emergencies and are reimbursed by the state. If Colleyville is a grant recipient, there are no anticipated changes regarding TIFMAS participation or reimbursement. Financial Impact There is no cost to the City for participation in this program. Annual maintenance and operating expenses would be approximately $3,200. City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2010 i + TE AS FOREST _ SERVICE The Texas A9M Unlverslty System ~P~~IAI ~11"~iJ1AI~E1~I7 NEW GRANT PROGRAM INTRODUCTION TIFMAS GRANT ASSISTANCE PROGRAM The Texas Forest Service is pleased to announce the launch of a new grant assistance program for certain Texas fire departments. It is called the TIFMAS Grant Assistance Program. TIFMAS is an acronym for Texas Intrastate Fire Mutual Aid System. HISTORY... The 81~ Texas State Legislature passed Senate Bill 1011 in 2009. The kaw amended portions of the statute governing the Texas Commission on Fire Protection. One of the amendments changed the TCFP Fire Department Emergency Program (FDEP). By statute, the Fire Department Emergency Program was abolished effective January 1, 2010. All funds and loan obligations of the former FDEP were transferred to the Texas Forest Service. All revenue and future appropriations once designated for the FDEP are to be transferred to the Texas Forest Service. Going forward, the funds will be used for a totally new program designed to provide reimbursement grants for firefighter training, SCBA's, and PPE ;and for a pilot project to acquire fire fighting apparatus to support the Texas Intrastate Fire Mutual Aid System. This new program has been designed and approved in consultation with the Texas Fire Chiefs Association, the Texas State Association of Firefighters, and the State Firemen's and Fire Marshals' Association of Texas. WHAT IS ELIGIBLE FOR A GRANT AND HOW MUCH WILL IT PAY... There are two categories of grants: Category 1: Training Tuition, SCBA's, and Personal Protective Equipment (PPE) Category 2: TIFMAS Apparatus (Vehicles) An annual budget of $200,000 has been allocated for Training Tuition, PPE, and SCBA grants. Training Tuition grants will reimburse 100% of the cost of tuition for eligible courses, not to exceed $70 per day per trainee, not to exceed $490 per trainee, and not to exceed $4,000 per school ($5,900 for the TEEX Municipal Fire School). The annual maximum cap per department is $10,000. PPE grants will reimburse 90% of the actual cost, not to exceed $8,400. SCBA grants will reimburse 75% of the actual cost not to exceed $13,200. The TIFMAS Apparatus grant is a pilot project. It will award a 100% grant for a standardized NWCG Type 6 Engine. Use of the apparatus will be governed by the terms set forth in the Terms and Responsibilities agreement between the Texas Forest Service and the fire department recipient. The objective of the TIFMAS apparatus grant is to strategically place standardized firefighting assets within each of the seven Council of Government jurisdictions in Texas, staffed and managed by local fire departments; and which can be mobilized at any time by the state for regional and statewide emergencies. An annual budget of $800,000 has been allocated for TIFMAS apparatus grants. WHO IS ELIGIBLE... Any fire department that is not eligible for participation in the Rural Volunteer Fire Department Assistance Program (HB 2604 Program) is eligible. This includes fully paid departments and combination part-paid part-volunteer fire departments with 21 or more paid members. Fire departments that are eligible for grants under the HB 2604 Program will not be eligible for grants under the new TIFMAS Grant Assistance Program. 03-01-2010 ..~ TE AS FOREST _ SERVICE Ths Texas A&M University System HOW AND WHEN TO APPLY... Enrollment is now open and applications are being accepted. Applications for grants for Training Tuition, SCBA's, and PPE must be submitted on Form FO- 420. Applications for TIFMAS Apparatus must be submitted on Form FO- 430. Please complete, sign, and date the application form; attach a fully completed IRS Form W-9, and send via mail or fax to: Texas Forest Service ATTN: TIFMAS Grants 2127 South First Street Lufkin, Texas 75901 FAX: 936-639-8138 (Please call us to confirm that your fax was received.) A copy of the TIFMAS Appazatus Grant Terms and Responsibilities and other program guidelines may be found on the Texas Forest Service website and on the Texas Interagency Coordination Center website: http://www.tamu.edu/ticc/ http://texasforestservice.tamu.edu Training Tuition grants aze approved continuously throughout the fiscal year until grant funds are exhausted. Training Tuition grant applications must be received before the course start-date. Applications received on or after the course start-date aze not eligible for reimbursement. Grants for TIFMAS apparatus, PPE, and SCBA's will be approved in August of each year. Grant applications not approved in August will automatically roll forwazd to the next TIFMAS funding meeting. SCBA's and PPE purchased before a grant approval date are not eligible for reimbursement. Purchases must be made after the grant approval date. Apparatus, PPE, and SCBA grant applications remain active and on file until approved or cancelled in writing. For additional information, please contact the following personnel in Luflcin: Ruth Ann Smith Teresa Fernandez 936-639-8100 936-639-8100 rsmithna.tfs.tamu.edu tfernandezna.tfs.tamu.edu 03-01-2010 ~!~r ~` _- ~ City of Colleyville City Hall ~~,~ 100 Main Street ~' Colleyville, Texas 76034 ~~~~~ Agenda Briefing x17.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 07/06/2010 Controlling Body: City Council Requester: Police Department Agenda No.: 4c Final Action: File Name: Approval of an Interlocal Agreement between the Grapevine-Colleyville Independent School District and the City of Colleyville for School Resource Officers (SRO), and authorize the City Manager to execute the agreement Attachments: Interlocal Agreement for police services between GCISD and the City of Colleyville History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Approval of an Interlocal Agreement between the Grapevine-Colleyville Independent School District and the City of Colleyville for School Resource Officers (SRO), and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The Colleyville Police Department recently met with officials from the Grapevine-Colleyville Independent School District (GCISD) in order to update the Interlocal Agreement regarding school resource officer police services for the school district. This agreement is similar in scope and costs to the City of Grapevine's SRO agreement. The initial term of the agreement is July 1, 2010 through June 30, 2011, and will automatically renew for one year periods thereafter unless either party wishes to amend the agreement. Under this Interlocal Agreement, the City of Colleyville agrees to assign one School Resource Officer (SRO) to Colleyville Heritage High School, one SRO to Colleyville Middle School, and one SRO to Heritage Middle School. Under the agreement, the officers will conduct police activities and investigations on the designated campuses and at other properties of the school district, as necessary, to carry out their duties as police officers. The officers may also assist teachers and administrators on the designated campuses or on other school district properties in connection with the district's investigation of student discipline matters, but the SROs will not be responsible for administering school discipline. The school district will provide office space and a telephone for the three SROs, but the City is responsible for furnishing all other operational supplies and expenses, including vehicles. Under the proposed agreement, the City of Colleyville will pay for the officer assigned to Colleyville Heritage High School. The school district agrees to pay the City of Colleyville an City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued annual total of $89,792.82 for the two officers assigned to Colleyville Middle School and Heritage Middle School, which equates to 82% of the combined base salaries of these two officers and 48% of their combined salaries and total benefit costs. For comparative purposes only, the annual payment of $89,792.82 constitutes 52% of the total salary costs of all three SROs and 31 % of the total salary and benefit costs for the three officers. On an annual basis, the City Manager or designee and the school district's Superintendent or designee will review this cost and may agree to increase this fee by an amount up to five percent (5%) of the prior year's cost. This agreement allows for automatic renewal, but not an automatic increase in the fees paid by the school district. The Interlocal Agreement specifies the City of Colleyville shall operate as an independent contractor and not as an officer, agent, servant or employee of the school district and nothing in the agreement waives any statutory or common-law immunity or defense of the City or school district. SRO's report to the Colleyville Services Lieutenant and will continue to do so. Either party may terminate the Interlocal Agreement by giving thirty (30) days written notice to the other party. In the event the agreement is terminated prior to the end of the term year, the compensation provided shall be prorated to the date of termination. During the summer break, the SROs supplement various departmental operations such as working patrol to cover leave requests, assisting criminal investigations personnel, and assisting the Warrant Officer, as needed. The SROs also utilize their summer breaks to attend necessary training to maintain their certifications, which minimizes the number of training days taken during the school year. Financial Impact The proposed Interlocal agreement stipulates the duties of the Colleyville Police Department's School Resource Officers and formalizes the amount of the annual payment made by GCISD for the officers' services. For the upcoming term year of July 1, 2010 to June 30, 2011, the school district agrees to reimburse the City a total of $89,792.82. Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2010 STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT WHEREAS, the Interlocal Cooperation Act, Chapter 791, Government Code, authorizes local governments to contract with one another for the performance of governmental functions and services, and WHEREAS, the City of Colleyville (``CITY ") and the Grapevine-Colleyville Independent School District ("DISTRICT ") desire to enter into an agreement for the purpose of providing police services to DISTRICT by CITY, as hereinafter set out in the body of this agreement, NOW, THEREFORE, CITY and DISTRICT do hereby contract, agree, and covenant for good and valuable consideration the mutual promises and agreements made in the body of this agreement, as follows: L TERM The initial term of the agreement shall commence on July 1, 2010 and end on June 30, 2011. Thereafter, the agreement will automatically renew for one year periods. II. OFFICERS' PRIMARY DUTIES CITY agrees to assign police officers ("Officers") as follows: One Officer to serve as a School Resource Officer ("SRO") at Colleyville Heritage High School; one Officer to serve as an SRO and drug and alcohol prevention educator at Colleyville Middle School; and one Officer to serve as an SRO and drug and alcohol prevention educator at Heritage Middle School, said Officers to serve under direction of CITY's Chief of Police ("Chief') or the Chiefs designee. Said Officers shall conduct police activities and investigations on the designated campuses and at other properties of the DISTRICT as necessary to carry out said Officers' duties. III. OFFICERS' OPTIONAL DUTIES The Officers may also assist teachers and administrators on the designated campuses or on other DISTRICT properties in connection with the DISTRICT'S investigation of student discipline matters, but the Officers will not be responsible for administering discipline under the DISTRICT'S Student Code of Conduct. It is specifically agreed and understood, however, that the Officers will at all times comply with the Family Education Rights and Privacy Act and the regulations thereunder (``FERPA") and will not use education records (as that phrase is defined in DISTRICT policy FL (Legal) and FERPA) or the information contained therein in connection with their police activities and duties without first obtaining the consents or authorizations required by FERPA. Copies of DISTRICT policies FL (Legal) and FL (Local) are attached hereto as Exhibits A and B, respectively. #338466 -1- IV. VIDEO MONITORING The parties acknowledge that the designated campuses and other DISTRICT properties are monitored by a video surveillance system. The system is designed so that the DISTRICT can enable it to be monitored by Officers remotely from police headquarters and vehicles and the DISTRICT has taken the necessary steps for the system to be monitored from police headquarters. Whenever the DISTRICT determines that there is an emergency and it is necessary for Officers to monitor the surveillance system to protect the health or safety of students or other persons, the DISTRICT will notify the CITY of this necessity so that the CITY can begin monitoring the system. If an Officer other than an SRO believes that there is an emergency and it is necessary for Officers to monitor the surveillance system to protect the health or safety of students or other persons, the Officer shall contact his/her supervisor and describe the situation to him/her. The supervisor may determine that the use of the camera system is warranted and may allow the Officer access to those cameras by providing the Officer an access code. The supervisor shall then contact any one of the following DISTRICT Administrators to communicate that access to the surveillance system has occurred: the Deputy Superintendent, the Chief Operations Officer, or either of the two Executive Directors of Administration. The DISTRICT will provide the CITY with telephone numbers and email addresses to enable the CITY to contact the designated Administrators 24 hours per day, 7 days per week. If an SRO believes that there is an emergency on the campus to which that SRO is assigned and it is necessary for the SRO to monitor the surveillance system to protect the health or safety of students or other persons, that SRO will not be required to contact his/her supervisor prior to monitoring the system. The SRO will, however, either contact the campus principal or one of the DISTRICT personnel named above about his/her monitoring of the system. V. MISCELLANEOUS The DISTRICT shall furnish suitable office space and telephones for the use of the Officers, but all other operational supplies and expenses shall be furnished and paid for by the CITY. The Chief or his designee shall meet and confer with the principals of the designated campuses from time to time, to establish mutually agreeable operational policies for the Officers. However, nothing in this agreement shall abridge the right and responsibility of the Chief to assign, reassign, discipline or otherwise supervise the activities of the Officers. While nothing in this agreement shall require the CITY to provide continuous police presence on the designated campuses during every school day, and while the parties recognize that the Officers may need to be away from the designated campuses for court appearances, administrative duties, arrest processing or other official duties as determined solely by the Chief, it is the intent of the parties that the Officers will be on the designated campuses on those dates and times for the regular sessions of the 2010-2011 school year as the District and City agree to in writing at the beginning of that school year. The CITY also agrees to use its best efforts to schedule training for the Officers on days or hours outside of regular session school days #338466 -2- VI. CHARGES The DISTRICT and the CITY agree that there will be no charge for any Officers assigned to Colleyville Heritage High School. The DISTRICT agrees to pay the City a total of $89,792.82 for the Officers assigned to Colleyville Middle School and Heritage Middle School. The governing bodies of the DISTRICT and the CITY find this fair compensation for the services performed. On an annual basis, the CITY's City Manager or designee and the DISTRICT's Superintendent or designee will review and may agree to increase this fee by an amount up to five percent (5%) of the prior year's cost. This agreement allows for automatic renewal but not an automatic increase in the fees paid by the DISTRICT. VII. STATUS OF PARTIES CITY shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of DISTRICT. CITY shall be solely responsible for the acts and omissions of its Officers, members, agents, servants, and employees. Neither CITY nor DISTRICT shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of Officers, members, agents, servants, employees, or trustees of the other. Nothing in this agreement shall waive any statutory or common-law immunity or defense of CITY or DISTRICT. VIII. AUTHORIZATION The governing bodies of CITY and DISTRICT have approved the execution of this Agreement, and the persons signing the Agreement have been duly authorized by the governing bodies of the CITY and DISTRICT to sign this Agreement on behalf of the governing bodies. IX. EARLY TERMINATION Either party may terminate this Agreement by giving thirty (30) days written notice to the other party. In the event the agreement is terminated prior to the end of the term year, the compensation provided in Section VI shall be prorated to the date of termination. EXECUTED this day of , 2010. CITY OF COLLEYVILLE #338466 By: Name: Title: sy: Name: Title: Approved as to form: City's Attorney -3- EXECUTED this day of 2010. GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT By:_ Name: Title: Approved as to form: District's Attorney #338466 -4- "~J``t ''~` •r City of Colleyville ,0O M'ain Street ~.~.;;'~~ ~' Colleyville, Texas 76034 •~~~~~~~ Agenda Briefing $~7. so3.,o00 vwvw.colleyvil le.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 07/06/2010 Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Northstar Bank Attachments: CDARS Deposit Placement Agreement -Northstar Bank of Texas.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Northstar Bank Explanation Reading and Public Hearing The Public Funds Investment Act includes, as a permissible option, the purchase of certificates of deposit (CDs) through Texas banks that participate in the Certificate of Deposit Account Registry Service (CDARS) program. The CDARS program allows the purchase of CDs through a brokering bank in Texas; any amount above the existing Federal Deposit Insurance Corporation (FDIC) limit, less anticipated accrued interest, is placed with other banks in the CDARS network. On June 15, 2010, the City Council adopted Ordinance 0-10-1755, which included the purchase of CDARS CDs as a permissible option. In order to participate in the CDARS program, the City must have a deposit placement agreement with a CDARS network bank. Currently, two Colleyville banks, Northstar Bank and Worthington Bank, are members of the CDARS program and are CDARS network reciprocal transaction banks. When the City's funds are invested in a CDARS network reciprocal transaction bank, the local bank retains the full amount of the CD deposit to be made available for community lending purposes, while placing the City's funds in CDs throughout the CDARS's bank network. The local bank handles all investment reporting functions to the City, such as monthly statements detailing CDs held, maturity dates and disbursement of interest earnings. As Northstar Bank in Colleyville is a member of the CDARS network, attached is a CDARS deposit placement and custody agreement authorizing the City's participation in the CDARS program with Northstar Bank. Financial Impact Depending on market conditions, interest earnings on CDARS network CDs could be higher City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued than interest earnings on Treasury notes and bills, agency notes, and local intergovernmental investment pools. These are investment options that the City utilizes. Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2010 CDARS® Deposit Placement Agreement You; the undersigned: and NORTHSTAR BANK OF TEXAS (referred to in this agreement as "we"and "us"}are entering into this agreement to set forth the terms and conditions under which we will assist you from time to time in plating your funds in time deposits with depository institutions (each an "Insured Institution") whose accounts are insured by the Federal Deposit Insurance Corporation ("FDIC"). Through an arrangement with Promontory Interfinancial Network; LLC ("Promontory"), we will endeavor to place your funds in time deposits ("CDs") issued by Insured Institutions through Promontory's Certificate of Deposit Account Registry Service®; or CDARS®: in principal amounts that, when aggregated with interest to accrue over the term of the CD; will not exceed the Standard Maximum Deposit Insurance Amount ("SMDIA") for deposits of one depositor at one Insured Institution (currently $100,000). Although certain "self-directed" retirement accounts, such as IRAs; may be eligible for coverage under a higher FDIC insurance limit (currently $250:000) for deposits of one depositor atone Insured Institution, CDs for these retirement accounts will be placed using CDARS in amounts that will not exceed the SMDIA. We will also act as your custodian with respect to your CDs pur- suant to the custodial agreement that we have separately entered into with you ("Custodial Agreement"). The terms of our custodial relationship with you are set forth in the Custodial Agreement. Funds held in an account with us pending place- ment through CDARS or resulting from payments on CDs are subject to the SMDIA applicable to your deposits with us and therefore may not be fully insured by the FDIC, CDARS is a proprietary process awned by Promontory that allocates orders submitted by participating financial institutions on behalf of their depositors on dates ("Order Dates") specified by Promontory. On each Order Date participating institu- tions submit orders requesting that Promontory allocate funds for their depositors to Insured Institutions that are willing to accept deposits through CDARS. On the "Order Allocation Date" Promontory allocates orders submitted on the Order Date. CDARS offers different types of transactions through which we may place your funds with Insured Institutions. Ina `CDARS Reciprocals~^Transaction;" we receive funds for deposit in an amount equal to the amount of your funds that we have placed using CDARS with respect to the Order Date for which your Order was sub- mitted to Promontory; but we do not receive a fee. Ina "CDARS One-WaysM Transaction;" we do not receive funds for deposit, but we receive a fee from one or more Insured Institutions that received deposits through CDARS with respect to the corresponding Order Date. Funds that we place for you through a CDARS trensac- tion may be placed at an Insured Institution without regard to whether the Insured Institution is participating in CDARS on that Order Date through a CDARS Reciprocal Transaction or through a CDARS One-Way Transaction or otherwise. We will place your funds through a CDARS Reciprocal Transaction unless we notify you that we will place your funds through a CDARS One-Way Transaction and you con• sent to our doing so. If you wish to have us place your funds only through a CDARS Reciprocal Transaction, you may check a box provided for this pur- pose at the end of this Agreement If you do not check this box we will not place your funds through a CDARS One•Way Transaction without your con- sent This agreement sets forth important information about the placement process. By signing this agreement you agree to be bound by its terms each time that you submit funds to us for placement. Please read it carefully. Some of the features of the CDs and the placement process are: When we place your funds, you will be issued CDs by Insured Institutions that have entered into agreements with Promontory. ^ We will act as your custodian with respect to those CDs. The CDs issued to you by Insured Institutions will have the interest rates and annual percentage yields ("APY") you have agreed to with us. ^ You will not be charged a fee in connection with CD placements. You may select the maturities and payment terms of your CDs from those that are available through CDARS at the time that you submit your funds for placement. You may designate any Insured Institution as ineligible to receive your funds. Early withdrawal of any CD you purchase may be available; but may be subject to substantial penalties. No secondary market for the CDs currently exists: but early withdrawal of any CD you purchase is available, subject to applicable penalties. Section 1. Your Relationship With Us {a) Agency and Custodia! Relationship We have entered into a contract with Promontory pursuant to which we will use CDARS to assist us in endeavoring to place your funds at other Insured Institutions that have also entered into contracts with Promontory. Pursuant to our contract with Promontory; we will adhere to Promontory's policies and procedures in placing your funds. We will act as your agent in connection with the placement of your funds in CDs. As set forth above; we will place your funds through a CDARS Reaprocel Transaction unless you agree to having your funds placed through a CDARS One-Way Transaction. Although we will act as your agent in connection with the place- ment of your funds, we are not acting as your investment adviser and have no obligation to advise you of alternative investments available through CDARS or otherwise. Further, we make no representations with respect to the interest rates on deposits available on an Order Date through us or through CDARS, and we may receive greater benefits when we place your funds through one type of CDARS transaction than when we do so through another type of CDARS transaction or than we would if you instructed us to make a deposit other than through a CDARS transaction. We will act as your custodian with respect to your CDs acquired through CDARS. We have entered into an agreement with The Bank of New York to act as our sub-custodian with respect to the CDs for which we are acting as your custodian. No physical certificates evidencing the CDs will be issued. Each CD for which we act as your custodian will be recorded on the records of the Insured Institution that issues the CD in the name of our sub-custodian, will be recorded on the records of the sub- custodian in our name, and will be recorded on our records in your name; all in a manner that will permit your CD to be FDIC insured to the same extent as if you held it directly with the Insured Institution. You will receive from us a written confirmation of the issuance of your CDs and periodic account statements that will reflect your ownership of your CDs. The confirmation of CD issuance and the account state- ment(s)will be the only evidence that you will receive of your ownership of the CDs. You should retain the confirmation and the account statement(s) for your records. While we are acting as your custodian, (i) all payments with respect to the CDs by the Insured Institutions that issue the CDs will be made to us: and we will credit the funds to an account or accounts you maintain with us or disburse the funds pur- suant to your instructions: and (ii) you can enforce your rights in the CDs through us. You may not transfer the CDs directly to another custodian. At your election; you may dismiss us as custodian, and your ownership of a CD may be recorded in your name on the books of the Insured Institution that issued the CD. If you choose to have the CD maintained in your name on the books of the Insured Institution that issued the CD: you will be able to enforce your rights in the CD directly against that Insured Institution. {b) Fees You will not pay a fee in connection with your placement of funds. If we place your funds through a CDARS Reciprocal Transaction, we will pay a fee to Promontory for using the CDARS order allocation services and certain other services. If we place your funds through a CDARS One-Way Transaction; we and Promontory will receive fees from one or more Insured Institutions receiving deposits through CDARS in respect of that Order Date. We may; in our discretion, waive some or all of our fee: and Promontory may; in its discretion; waive some or all of its fee. We and Promontory may receive different fees from different Insured Institutions in connection with the same transaction. Promontory may offer us and our employees non-cash incentives in connection with our placement of funds through CDARS. {c) Limits on Placements Although we; through our arrangement with Promontory, will endeavor to place your funds, on a particular OrderAllocation Date Promontory may not be able to allocate orders in a way that results in the placement of some or any of your funds. The allo- cation process utilized by Promontory may reflect considerations of federal and state law, funding needs of Insured Institutions; economic conditions, Promontory's objec- tives or other factors determined by Promontory in its sole discretion. If any of your funds cannot be placed: the unplaced funds will be returned to you. You may ask us to resubmit unplaced funds for placement through CDARS on anoth- erday on which Promontory performs its allocation service. {d) Each CD Wit! 8e an ObiigaSon of the Issuer Each CD will be a deposit obligation of the Insured Institution that issued the CD and will not be, either directly or indirectly, our obligation or an obligation of Promontory. ...._--_...._ .............._... ........_.._.._..---..._..._.._.._ x~xxxxxxxx~x,~~x4~xxz~xx s xxxxxxx~xx~,x„xxRx,~xx~axx~~.xxxxx„ ~x~xxx~;~,~~,;xx;~,"« ~xx~~,~;~~ ,~xx~~xxxxxxx~xxxx~xxK xx~xxxxxx,~~xxx~xxxx~~~x~,".~x„~mx~xxxxxuxxxx„m,"xx,~4,;~xxx xxxxx 04107 DI t Your CD will not be issued until the issuing Insured Institution receives and accepts your funds. (e) APY If you are not a `consumer" for purposes of the Truth-in-Savings Act ("TSA"); or if our communication with you in connection with your placement of funds through CDARS is not an "advertisement" for purposes of TSA, we are not obligated to provide you with an APY on your CDs. (fJ Mutuaf institution Ybting and Subscription Rights If a CD is issued to you by an Insured Institution in the mutual form of organization ("mutual institution"} for funds placed for you through CDARS, you may receive through us a notice of a meeting of the depositor members of that mutual institution. Because your CD is identified on the books of the mutual institution in the name of the sub-custodian and not in your name: you will not be entitled to attend the meet- ing or vote by proxy. Under agreements that we have entered into with the sub-cus- todianthat holds your CDs in its name on your behalf, the sub-custodian will forward meeting notices to us (for delivery to you) but it will not attend the meeting or vote by proxy. It is possible that the mutual institution also may send notice of its intention to convert to a stock institution; and provide for priority, non-transferable subscription rights for depositor members of the mutual institution to purchase stock in the con- version. Because of the nature of our agreement with the sub-custodian, your CD will be identified on the books of the mutual institution in the name of the sub-custo- dian: and not in your name: and thus, you will not be entitled to exercise any sub- scription right to purchase the stock: or to vote on the conversion. The sub-custodi- an; which will own the subscription right; also will not purchase any stock in the con- version. Accordingly, if you wish to receive meeting notices directly; attend meetings and vote (to convert from the mutual to stock form of ownership; form a mutual holding company or otherwise) with respect to a CD you have acquired from a mutual institu- tion through CDARS; or wish to receive subscription rights in the event the mutual institution converts from mutual to stock form; you will have to dismiss us as custodi- an prior to the applicable record date (a date usually at least a year in advance from the date the mutual institution's board of directors adopts a plan of conversion) and have your ownership of the CD recorded in your name directly on the books of the mutual institution that issued the CD. Section 2. Promontory {a) Genera! Promontory is not your agent and is responsible solely to us for performing the serv- ices for which we have retained it. Promontory uses the proprietary process inaud- ed in CDARS to allocate orders submitted on a specified Order Date by Insured Institutions to other Insured Institutions that are willing to accept deposits through CDARS. On an Order Allocation Date, Promontory uses the CDARS allocation process to propose placements of funds with Insured Institutions wishing to receive funds; sub- ject to your approval as set forth in the procedures set forth in Section 3 of this agreement ("Placement Procedures"). CDs for funds placed through CDARS will be issued to you on the business day immediately following the OrderAllocation Date (the `Settlement Date"). A "business day" means any day other than a Saturday, a Sunday or a day on which banks in New York, New York are authorized or required by law or regulation to close. In addition to the fees payable to it in connection with CDARS Reciprocal Transactions and CDARS One-Way Transactions: Promontory may realize profits or incur losses in connections with the placement of your funds at one or more Insured Institutions on the terms you have selected. {b) CDARS Reciprocal Transaction When we notify Promontory that we wish to submit your funds for placement through a CDARS Reaprocal Transaction on an Order Date, we will agree to accept for deposit an equal or greater amount of deposits through CDARS. On the Settlement Date, CDs will be issued to you and we will accept deposits placed by other partici- patinginstitutions. Your funds may be placed at Insured Institutions that are submitting funds for placement through a CDARS Reciprocal Transaction or at Insured Institutions that have requested deposits through CDARS with respect to the same Order Date. When your funds are placed through a CDARS Reciprocal Transaction: we may make or receive payments based upon the difference beiween the interest rate we have agreed upon with you for your CDs and the interest rate we pay on CDs that we issue to customers of other Insured Institutions. These payments will be calculat- ed pursuant to a formula that uses the projected volume-weighted average interest rate for deposits placed through CDARS Reciprocal Transactions on the same day your funds are placed. These payments are intended to provide us with the same interest cost on the CDs we issue to depositors of other Insured Institutions through a CDARS Reciprocal Transaction as we would have incurced had we issued the CDs directly to you. Any payments made or received by us; or fees received by Promontory; will not change the terms we have agreed with you for your CDs. (c) CDARS One-Way Transaction On any Order Date, Promontory may receive commitments from Insured Institutions wishing to receive funds through a CDARS One-Way Transaction. Based on these commitments, Promontory communicates to us the maximum amount of funds that can be submitted for placement through CDARS One-Way Transactions in each CD maturity on that Order Date. If we place your funds through a CDARS One-Way Transaction; we will not receive deposits on the Settlement Date; and we will not make or receive payments as described under "CDARS Reaprocal Transactions" above. Your funds may be placed at Insured Institutions that are submitting funds for placement through CDARS Reciprocal Transactions or that have requested funds for deposit on that Order Date. As set forth above, we and Promontory each will receive a fee when we place your funds through a CDARS One-Way Transaction, and we or Promontory may waive all or part of this fee. Any fees received by us or Promontory will not change the terms we have agreed to with you for your CDs. Section 3. Placement Procedures (a) Order Dates and Terms of CDs Each time you notify us that you wish to place funds through CDARS; we will inform you of (i) the available Order Dates, (ii) the CD maturities and payment terms avail- able on each Order Date, (iii) whether early withdrawal of the CDs is available and whether any penalties (and processing fees, if applicable) will be imposed on you for early withdrawal; (iv) any limits with respect to placing funds and (v) whether we intend to submit the funds for placement through a CDARS One-Way Transaction. The terms and conditions available for CDs may change from time to time. Each CD issued by an Insured Institution will have a principal amount that; when aggregated with interest to accrue during the term of the CD, will not exceed the basic FDIC insurance limit. You may obtain information about the terms of the CDs made available through CDARS on an Order Date at www. CDARS.comlproducts. The interest rates and APYs for the CDs we offer to obtain for you through CDARS will be agreed upon by you and us. For placements through CDARS Reciprocal Transactions; the interest rate and APY we agree upon with you will reflect the interest rate and APY we are willing to pay; after paying a fee to Promontory. For placements through CDARS One-Way Transactions: the interest rate and APY we agree upon with you will reflect the interest rate and APY that Insured Institutions requesting funds through CDARS One-Way Transactions for that Order Date are willing to pay after paying fees to Promontory and us. Interest on your CDs will compound daily. Payment options may vary based on the maturity of the CD. You may have the option with some CDs to choose between monthly payments of interest and payment of interest at maturity or other available interest payment terms. In addition, depending on the terms and conditions of a par- ticular CD, you may be able to change the payment terms of the CD during the term of the CD. If you choose to have interest paid to you during the term of the CD: you may not be able to re-invest the interest you are paid at an interest rate as favorable to you as the interest rate paid on the CD. Each CD will earn interest from the day your funds are deposited at the Insured Institution that issues the CD up to: but not including, the day your CD matures. If the date on which a payment with respect to a CD is due is not a business day, that paymentwill be made on the next business day. {b) Presumption of CDARS Reciprocal Transaction We will submit your funds for placement through a CDARS Reaprocal Transaction unless we inform you that we will place your funds through a CDARS One-Way Transaction and you agree to our doing so. Ifvre submit your funds for placement through a CDARS One-Way Transaction and Promontory is not able to allocate our order, we may resubmit an order for your funds on that Order Date through a CDARS Reciprocal Transaction; unless you instruct us not to do so at the time you request that we submit your funds. If we so resubmit your funds through a CDARS Reciprocal Transaction, the CDs issued to you will have the same terms as the CDs that would have been issued to you through the CDARS One-Way Transaction. If you are a public funds depositor or a non-profit institution submitting funds for placement and wish your funds to be placed only through CDARS Reaprocal Transactions, please inform us by cheating the box at the end of this agreement. (c) List of insured institutions Each time you notify us that you desire to place funds through CDARS, you may obtain from us a list of Insured Institutions at which your funds maybe placed. Not all of these Insured Institutions may be available to issue CDs with respect to an Order Date, and, before the list is provided to you, we may have designated some Insured Institutions as ineligible to receive funds from our depositors. You should 04!07 DI 2 review the list provided to you and inform us of the name(s) of any Insured Institution(s) at which you do not want to make a deposit, for any reason. At your option: you may also provide us with the names of Insured Institutions not then on the list at which you do not want to make a deposit. Once you have informed us of the name of an Insured Institution at which you do not want to make a deposit, your funds -whether submitted for placement through CDARS at the time you sign this agreement or in the future -will not be placed at that Insured Institution until you notify us in writing that funds may be placed in the Insured Institution. (For your con- venience, at the time you sign this agreement you may indicate to us on Schedule 1 the names of Insured Institutions at which you do not want to make a deposit.) Upon your request, we will obtain from Promontory the list it maintains of Insured Institutions at which you do notwish to make a deposit. As set forth below; you are responsible for monitoring your deposits at each Insured Institution for purposes of FDIC insurance coverage. {d) Request for Placement of Funds When you request that we place your funds through CDARS; we will submit to Promontory a request for placement of your funds (an "Order"), including the type of CDARS transaction through which we are submitting the funds; the Order Date, the amount of funds to be placed and the terms (including interest rate and APY) of the CDs you are seeking. The Order will be in a form established by Promontory. In order for us to submit an Order, you must provide us with all information required by Promontory no later than the time specified in paragraph 1 of Schedule 2. {e) Approval of Proposed Placements We will not know the name(s) of Insured Institution(s) at which your funds will be placed at the time we submit an Order for your funds. On each Order Allocation Date for which we submitted an Order for your funds, we will make available to you a list of the names of Insured Institutions at which your funds are proposed to be placed; the proposed deposit amount at each Insured Institution and the names of proposed alternate Insured Institutions at which your funds may be placed. You may obtain that list from us on the Order Allocation Date at or after the time specified in paragraph 3 of Schedule 2, and; at any time prior to the time specified in paragraph 4 of Schedule 2, you may notify us of the name or names of any of the proposed or proposed alternate Insured Institutions at which you do not want to make a deposit. Although you may direct us not to place funds at a proposed or alternate proposed Insured Institution; you cannot direct us to place funds at a specific Insured Institution or specify the amount to be placed at any Insured Institution. If you eliminate one or more of the proposed or proposed alternate Insured Institutions from the list: or if one or more of them becomes unavailable for place- ment for any reason; your funds will be placed at the Insured Institutions that were not eliminated. If a sufficient number of proposed and proposed alternate Insured Institutions are eliminated or become unavailable so that not all of your funds can be placed; only as much of your funds will be placed as can be deposited at the remain- ing Insured Institutions in CDs with princpal amounts that, when aggregated with interest to acaue during the term of the CDs, will not exceed the SMDIA. Your remaining funds will not be allocated on the Order Allocation Date. In such case, we will inform you of the amount of your funds that will not be placed and you may request that we resubmit an Order for your unplaced funds on another Order Date by repeating the procedure outlined above. If in connection with any placement of your funds using CDARS, you eliminate a proposed or proposed alternate Insured Institution in accordance with the above pro- cedures; funds that you subsequently submit for placement will not be placed in that Insured Institution until you notify us otherwise in writing. {f) Your Consent to Placement Your funds will not be placed unless you have consented to their placement. You will be deemed to have consented to the placement of your funds at the proposed or proposed alternate Insured Institutions as of the time specified in paragraph 4 of Schedule 2 if by that time you: (i) communicate your approval to us; (ii) do not request the list of proposed and proposed alternate Insured Institutions from us; (iii) request the list of proposed and proposed alternate Insured Institutions from us, but do not respond to the proposed list; or (iv) respond to the list of proposed and proposed alternate Insured Institutions by eliminating one or more of the Insured Institutions, in which case you will be deemed to have consented to the placement of your funds at those Insured Institutions that you have not eliminated. (g) Time by Which We Musf Nave Your Funds; Settlement of Transactions Unless we have made other arrangements, each time that you agree to a placement of funds under this agreement you also agree that, by the time specified in para- graph 5 of Schedule 2, you will have in an account with us immediately available funds, which under applicable law are irreversible and are not subject to any lien: claim or encumbrance; equal to the amount of funds you have informed us that you are seeking to place. On the Settlement Date, your funds will be deposited at Insured Institutions; payments to be made in connection with the placement of CDs will be made, and the CDs will be issued. {h) Additions and Early Withdrawal No additions may be made to any GD. Insured Institutions impose a penalty on with- drawal of a CD prior to its maturity. However, no penalty will be charged for early withdrawal upon the death of an individual who is the sole account holder of the CD. This exception applies to an individual who is the named account holder as well as an individual who is the sale current mandatory or discretionary income beneficiary of a trust; including the sole current beneficiary of a unitrust or annuity trust. Written ver- ification acceptable to the Insured Institution that issued the CD may be required in such an event. We will inform you of the early withdrawal penalty applicable to your CDs when you submit funds for placement. For a CD with a term of 4 or 13 weeks: the early withdrawal penalty is equal to 28 or 90 days, respectively, of simple interest calculated at the CD rate. The penalties for early withdrawal of 4 or 13 week CDs are equivalent to substantially all of the interest that would have been earned over the full term and will invade principal. For a CD with a term of 26 weeks or longer; the early withdrawal penalty is equal to simple interest calculated at the CD rate for approximately half the number of days in the full term. The penakies for early with- drawal of CDs with a term 26 weeks and longer are equivalent to half of the interest that would have been earned over the full term and may invade principal. The current schedule of products available and applicable early withdrawal penalties may be viewed at www.CDARS.comlproducts. Pursuant to the Internal Revenue Code of 1986; as amended, the beneficary of an Individual Retirement Account ('IRA") (but not a Roth IRA) may incur a penalty if the beneficiary does not begin making withdrawals from the IRA after age 70-112. A CD held in an IRA is not eligible for early withdrawal withcut penalty simply because the beneficiary must withdraw the CD to avoid a tax penalty. Early withdrawal of a CD may be made only in whole, not in part. You may request early withdrawal by contacting us: at which time you may specify which of your CDs you would like us to withdraw. If you choose not to specify which of your CDs to withdraw; eady withdrawals will be made using an automated process that generates random selections based on amount. In general, eady withdrawal pro- ceedswill be available to you iwo business days after we receive your early with- drawalrequest. Neither we nor Promontory will advance funds in connection with early with- drawals, and early withdrawal proceeds will not be available to you until they are paid to us by the Insured Institution that issued the CD being withdrawn. {f) No Automatic Renewal or Rollover The CDs will mature on the date shown on the confirmation of CD issuance. Upon maturity, the principal amount of, and unpaid accrued interest on: the CD will be paid to you. The CDs will not be automatically renewed or rolled over: and interest on the CDs will not continue to accrue after the maturity date. If upon maturity you wish to re-deposit your funds in CDs through CDARS, you must instruct us to re-submit the funds as a new placement or you must take advantage of our preauthorized resub- mission process. (1) Preauthorized Re-submission At the time you submit funds to us for placement through CDARS; you may request that we re-submit those funds for placement through CDARS upon the maturity of your CDs. Unless we have entered into a written re-submission arrangement with you; you must contact us before we re-submit your funds through CDARS to estab- lish the new terms (including interest rate and APY) and the other specifics of your Order for your re-submitted funds. (kJ No Physical Certificates As set forth in Section 1, no physical certificate evidencing a CD will be issued. You should not purchase a CD through CDARS if you need to take physical possession of a certificate. Section 4. Important Considerations {a) Compare Features You should compare the rates of return and other features of a CD to other available deposit accounts before deciding to purchase CDs using the CDARS service. Although the CDs are issued by other Insured Institutions: the rates of interest paid on the CDs are determined by us based on (i) the interest rates and APYs we are willing to pay on deposits that we accept through CDARS on the Settlement Date (if your funds are placed by us through a CDARS Reciprocal Transaction) or (ii) the interest rate andAPY that Insured Institutions that have requested funds through CDARS One-Way Transactions for that Settlement Date are willing to pay after pay ing fees to Promontory and us (if your funds are placed by us through a CDARS One-Way Transaction). These rates may be higher or lower than the rates on oaro7 0l a CDs available through a CDARS One•Way Transaction {if we are placing your funds through a CDARS Reciprocal Transaction) or a CDARS Reciprocal Transaction {if we are placing your funds through a CDARS One-Way Transaction) or on comparable deposits available directly from us, from Insured Institutions that issue the CDs through CDARS, from other Insured Institutions, or from insured depository institutions not participating in CDARS. {bJ Uninsured Deposits With Us Funds held in an accountwith us prior to placement using CDARS or prior to pay- ment of CD interest and principal to us may not be covered by FDIC insurance if, when aggregated with other deposits you maintain with us in the same capacity: the total amount of your deposits in accounts with us exceeds the FDIC insurance limit appli- cable to your deposits with us. You should discuss with us the options for holding your funds prior to placement and for having the payments on the CDs deposited with us or elsewhere. (c) insolvency of an Insured lnstitutlon In the event an Insured Institution approaches insolvency or becomes insolvent, the Insured Institution may be placed in a regulatory conservatorship or receivership in which the FDIC is typically appointed as conservator or receiver. The FDIC may thereafter pay off the CDs issued by that Insured Institution prior to maturity or trans- ferthe CDs to another insured depository institution. If the CDs are transferred to another institution, you may be offered a choice of retaining the CDs at a lower inter- est rate or having the CDs paid off. See Section 5 below, "FDIC Insurance Information." (d) Reinvestment Risk If your CD is paid prior to maturity as a result of the issuing Insured Institution's insol- vency or a voluntary early withdrawal (see Section 3(h) above, "Additions and Early Withdrawal"), you may not be able to reinvest your funds at the same interest rate that you received on the original CD. Neither we nor Promontory is responsible to you for any lasses you may incur as a result of a lower interest rate on an invest- ment replacing your CD. (e) Investment Restrictions If you are subject to restrictions with respect to the placement of funds in depository institutions: it is your responsibility to determine whether the placement of your funds by us using CDARS satisfies those restrictions. For example; when placing funds for deposit using CDARS; some govemmental unit depositors may be required by law or policy to place funds only using a CDARS Reciprocal Transaction, in which the insti- tution placing the funds for deposit using CDARS receives funds far deposit in an amount equal to the amount of funds that was placed by the depositor using CDARS with respect to the corresponding Order Date. When we place funds for deposit using a CDARS One-Way Transaction, we will not receive matching funds using CDARS. Section 5. FDIC Insurance Information (a) Depositlnsurance Coverage In general, all accounts and deposits that you maintain with an Insured Institution in the same insurable capacity (whether you are acting directly or through an intermedi- ary) would be aggregated for purposes of the applicable FDIC insurance limit. Insurable capacities include individual accounts, joint accounts and individual retire- ment accounts. A tax identification number is not evidence of, and does not estab- lish, an insurable capacity that is separate from another tax identification number used by the same person or entity. Upon request: we will provide you with a copy of the FDIC brochure "Your Insured Deposits -FDIC's Guide to Deposit Insurance Coverage." You may also obtain information about deposit insurance coverage by contacting the FDIC, Office of Consumer Affairs: by letter (550 17th Street; N.W., Washington, D.C. 20429}; by telephone (877-275.3342, 800-925.4618 (TDD) or 202- 942-3100): or by a-mail (dcainternet@fdic.gov), or by visiting the FDIC website at www.fdic.gov. You may wish to seek advice from your own attorney concerning FDIC insurance coverage of deposits held in more than one capacity. FDIC deposit insurance coverage applies to the principal and accrued interest on all CDs and other deposit accounts maintained by you in the same insurable capacity at a single Insured Institution. The records maintained by the Insured Institution, us and our sub-custodian regarding ownership of CDs will be used to establish your eligibility for federal deposit insurance payments in respect of CDs issued through CDARS. In addition, you could be required to provide certain docu- mentation to the FDIC before insurance payments would be released to you. (b) Government Unlt Deposits The requirements for deposit insurance coverage of the deposits of the United States government, state, county and municipal governments and their political subdivi- sions.the District of Columbia and the Commonwealth of Puerto Rico are specifically set forth in regulations of the FDIC (12 C.F.R. 330.15). In general, such deposits will be insured up to the SMDIA and individual departments and political subdivisions within a govemmental unit may be eligible for separate insurance if certain require- ments are met. The use of separate tax identification numbers by different depart- ments or political subdivisions of the same governmental unit will nor by itself cause the deposits of such departments or political subdivisions to be eligible for separate FDIC insurance. It is the obligation of each governmental entity to determine whether the require- ments for deposit insurance have been met. Neither we: Promontory, nor the insured Institution issuing CDs to you are responsible for uninsured losses resulting from placement of funds that are not eligible for deposit insurance. (c) Depositlnsurance Payments In the event that deposit insurance payments become necessary for your CDs; the FDIC is required to pay the original principal amount plus accrued interest to the date of the closing of the relevant Insured Institution; as prescribed by law; subject to the limits on FDIC deposit insurance coverage. No interest is earned on deposits from the time an Insured Institution is closed until insurance payments are received. We will notify you if we receive any payments from the FDIC with respect to your CDs. As an alternative to a direct deposit insurance payment from the FDIC; the FDIC may transfer the insured deposits of an insolvent institution to a healthy institution. Subject to insurance verification requirements and the limits on FDIC deposit insur- ance coverage; the healthy institution may assume your CDs under their original terms or offer you a choice between either receiving payment of the CDs or maintain- ing the deposits at a different rate. We will advise you of your options in the event of a deposit transfer. As with all federally insured deposits; if it becomes necessary for federal deposit insurance payments to be made on the CDs; there is no specific time period during which the FDIC must make the insurance payments available. Neither we nor Promontory will be obligated to make any payments to you in satisfaction of a loss you might incur as a result of (i) a delay in insurance payouts applicable to a CD; (ii) your receipt of a decreased interest rate on an investment replacing a CD that is repaid prior to its scheduled maturity, or (iii) payment in cash of the principal and accrued interest of a CD prior to maturity in connection with the liquidation of an Insured Institution or the assumption of all or a portion of its deposit liabilities. Also; neither we nor Promontory will be obligated to advance funds to you prior to payment from the FDIC. Section 6. Responsibility to Monitor Deposits at Insured Institutions; Publicly Available Information Funds we submit for placement on your behalf on any Settlement Date are placed in CDs at enough different Insured Institutions to prevent the principal amount and any interest to accrue over the term of each CD placed on that Settlement Date from exceeding the FDIC insurance limit. It is your responsibility, however, to monitor the total amount of deposits that you hold with each Insured Institution in order for you to determine the extent of FDIC deposit insurance coverage available to you on deposits at that Insured Institution, including the CDs issued through CDARS. See Section 5 above; "FDIC Insurance Information," for more information on FDIC insur- ance coverage. The Insured Institution at which a deposit is made is responsible for the full amount deposited with it; and neither we nor Promontory is responsible for any insured or uninsured portion of any CD or any other deposit. Publicly available financial information concerning the proposed and proposed alternate Insured Institutions can be obtained by you at the website of the National Information Center of the Federal Reserve System maintained at www.ffiec.govlnicl. Neither we nor Promontory guarantees the financial condition of any Insured Institution or the accuracy of any publicly available financial information about the Insured Institution. Section 7. Confidentiality of Information We will provide your name, tax identification number and other pertinent identifying information to Promontory, our sub-custodian, and other parties providing services in connection with the placement of your funds and the issuance and holding of your CDs. We may also release such information to (i) an Insured Institution that has issued a CD to you; but only to the extent necessary to comply with any applicable law, rule or regulation or a judicial order, and (ii) the FDIC in connection with a claim for deposit insurance on your CD. You hereby consent to the release of that informa- tion to and its use by (a) Promontory; our sub-custodian, and other parties providing services in connection with the placement of your funds and the issuance and cus- todying of your CDs, (b) Insured Institutions that have issued CDs to you to the extent necessary to comply with any applicable law, rule; regulation or judicial order: and (c) the FDIC in connection with a claim for deposit insurance on your CDs. The information will not be disclosed to other Insured Institutions except as set forth here- in and will not be used by Promontory, our sub-custodian, or any other parties to 04107 DI 4 whom we release the information for any other purpose except as set forth herein or directed by you. Nothing in this section shall be deemed to prevent us from disclos- ing information to a third party if permitted or required bylaw. Section 8. Disputes Any disputes arising out of or in connection with this agreement will be governed by the dispute resolution: arbitration, choice of law, venue, waiver of jury trial: and costs related to dispute provisions: if any, contained in your Custodial Agreement with us under which we act as custodian for your CDs. Section 9. Miscellaneous Any information we are required to deliver to you pursuant to this agreement maybe given to you by mail; facsimile or other electronic transmission. This agreement: constitutes the entire agreement between us relating to the placement of deposits through CDARS and the other matters contained herein: supersedes all prior contracts or agreements relating to the placement of funds through CDARS: whether oral or written, and may not be amended by any oral representation made or oral agreement reached after the execution of this agreement. We may amend this agreement or any related document prospectively by modi- fying or resdnding any of its existing provisions or by adding any new provisions at any time by sending written notice of the amendment to you. We may provide writ- ten notice of an amendment to this agreement by means of a letter, an entry on your account statement or other means. Any amendment will be effective as of the date established by us in the written notice of the amendment, subject to applicable law; provided that any amendment may not become effective until ten days after the writ- ten notice has been sent by us. This agreement is not assignable, in whole or in part: by either party except by operation of law or as required by law. The headings in this agreement are inserted for convenience and identification only; and are not intended to describe: interpret; define or limit the scope or intent of this agreement or any dause hereof. By signing below, you acknowledge that you have received this agreement; that you have read and understood this agreement and that you were given the opportunity to ask us any questions you may have had with respect to this agreement: the transac- tions contemplated by it: the CDs and FDIC insurance coverage of the CDs and deposits maintained with us. ~:] Check this box if you are a governmental unit or other depositor and wish your funds to be placed only through CDARS Reciprocal Transactions. DEPOSITOR(S) Name of Depositor: aTr of col_~Ewil_I_E Rv Name: Title: Depositor Tax ID or Other Depositor ID: _. ID Type: _ _ Name of Depositor: - BY - - Name: Title: Depositor Tax ID or Other Depositor ID: ID Type: _ Signed this DEPOSITORY INSTITUTION NORTHSTAR BANK OF TEXAS day of _ 200_ (Print Name of Institution) By: - - Name: Title: Acknowledged this day of _ :200_ SCHEDULEI INITIAL LIST 0 F INSURED INSTITUTIONS AT WHICH YOU DO NOT WANT TO MAKE A DEPOSIT (ATTACH ADDITIONAL PAGES AS NECESSARY) Please include the city and state of the institution's main office (rather than the dty and state of a branch location). You may indude the institution's routing number andlor FDIC certificate number; if you have this information. Name of Institution City and State Routing or FDIC No. Name of Institution City and State Routing or FDIC No. Name of Institution City and State Routing or FDIC No. Name of Institution City and State Routing or FDIC No. Name of Institution City and State Routing or FDIC No. Name of Institution City and State Routing or FDIC No. Name of Institution City and State Routing or FDIC No SCHEDULE2 IMPORTANT TIMES AND DEADLINES IN CONNECTION WITH THE PLACEMENT OF YOUR FUNDS This schedule contains important times and deadlines with respect to the placement of your funds. These times may change from time to time or on any particular Order Date or Order Allocation Date (which are currently the same business day); and we will inform you of any change in times, as applicable: before you submit your funds for placement. You may also obtain information about any changes to times set forth in paragraphs 2; 3 and 4 below or about any scheduling change resulting in the OrderAllocation Date taking place on the business day immediately following an Order Date at www.CDARS.com/products. 1. Time and day by which your request to have your funds placed must be submitted: on 2. Time and day by which we must submit your Order to Promontory: 1:00 p.m. ET on the Order Date. 3. Time and day at or after which you may obtain the list of names of the Insured Institutions at which your funds are proposed to be placed: 3:00 p.m. ET on the OrderAllocation Date. 4. Time and day by which you must inform us of the name or names of any proposed Insured Institution at which you do not want to make a deposit: 4:00 p.m. ET on the Order Allocation Date. 5. Time and day by which we must have your available funds on account. on CDARS, CerG6cate or Deposit Account Registry Service, One-Way and Reciprocal are registered service marks of Promontory Intedinancial Network, LLC. 04!07 DI 5 Custodial Agreement GENERAL AGREEMENT FOR CUSTODY OF CERTIFICATES OF DEPOSIT • FOR INDIVIDUAL(S), TRUSTS AND BUSINESS ENTITIES To: [Depository Institution] NORTHSTAR BANK OFTEXAS _ 400 N. CARROLL BLVD. DENTON TX 76201 _ _ Please hold in safekeeping, and act as custodian with respect to; all time deposits including; but not limited to, certificates of deposit (all such time deposits will be referred to herein as "CDs") issued pursuant to the CDARSg Deposit Placement Agreement between you and the undersigned for funds of the undersigned placed through the Certificate of Deposit Account Registry Service. It is agreed between us as follows: For purposes ofArtide 8 of the Uniform Commercial Code as adopted in TEXAS ,you will act as the undersigned's securities intermediary with respect to; and will treat as financial assets, any CDs you hold for the undersigned. You are authorized to collect for account of the undersigned all interest and other payments of income or principal pertaining to the CDs unless they are payable directly to the undersigned; to surrender for payment maturing CDs and those called for redemption; to endorse on behalf of the undersigned for the above purposes all checks and other instruments requiring endorsement; to cause the CDs to be regis- tered in your name or in the name of your nominee if you consider it desirable; to deliver or transfer the CDs to another account with you as the undersigned may from time to time instruct; to receive the CDs for account of the undersigned; to place orders for the purchase of the CDs; on the instructions of the undersigned and to pay for the same provided the undersigned has funds on deposit with you or arranges to make funds available in advance for such purpose; and to execute and deliver or file on behalf of the undersigned all appropriate receipts and releases and other instru- ments; including whatever certificates may be required from custodians or may be necessary to obtain exemption from taxes and to name the undersigned when required for the purpose of the instrument. Instructions may be given orally or in writing. The following are authored to give instructions on behalf of the undersigned (check all that apply). _ The undersigned (individual or partnership). Any of the following individuals. (List names and legal capacities.) Any of the following officers and their respective successors in office. (List names and their titles.) The undersigned agrees to indemnify you and your nominees against: and to hold you and them harmless from; all expenses (including counsel fees), liabilities and claims arising out of the holding, delivery or transfer of the CDs and compliance with any legal process that you believe (correctly or otherwise) to be valid. The under- signetlagrees to pay any service charges imposed by you on this custodial account. This agreement may be terminated at any time at the option of either party, pro- vided, however; that any termination by you will not become effective until the end of the term of any CD in your safekeeping at the time you notify the undersigned of your intention to terminate this agreement. DEPOSITOR(S) Name of Depositor: ciTV of coLLEwiLLE By: - Name: Title: Name of Depositor: BY - - Name: Title: Signed this _ _ day of _ _ , 200_ DEPOSITORY INSTITUTION NORTHSTAR BANK OFTEXAS _ (Print name of institution) BY - - Name: Title: The undersigned: or the undersigned's account; is one of the following: _ Individual _ Custody (including guardian, agent, _ Joint _ nominee or conservator) Sole Proprietorship _ Payable Upon Death Account _ Partnership _ Irrevocable Trust Corporation x_ Other PUBLIC FUNDS You may comply with any writ of attachment; execution, garnishment; tax levy; restraining order, subpoena; warrant or other legal process that you believe (correctly or otherwise) to be valid. You may notify the undersigned of such process by tele• phone, electronically or in writing. If you are not fully reimbursed far your record research; photocopying and handling costs by the party that served the process; you may charge such costs to the undersigned's account: in addition to any minimum fee you charge for complying with legal processes. You may honor any legal process that is served personally: by mail, or by fac- simile transmission at any of your offices or an office of your agent (including loca- tions other than where the funds; records or property sought is held), even if the law requires personal delivery at the office where the undersigned's account or records are maintained. Ycu shall have no liability to the undersigned for any action taken or omitted by you hereunder in good faith. Acknowledged this _ _ day of _ ; 200_ [NOTE: If the depositor is a corporation, the following certificate should be signed by an appropriate officer of the depositor other than one signing the form of custodial agreement.] I [name]: [title of office] of the above named corporation signing the foregoing custodial agreement, hereby certify that: I am per- sonallyfamiliar with all instruments and records relating to the organization and oper- ation of the corporation and the meetings and proceedings of its stockholders and all boards and committees entrusted with authority in the management of its affairs; by corporate action taken in conformity with such instruments and records and appear- ing from said records to be still in force; the foregoing custodial agreement was authorized to be signed and delivered on behalf of said corporation; and each of the persons signing on behalf of said corporation is the qualified holder of the office given opposite hisltter signature and was authored to sign the said custodial agree- ment inthat capacity. Signature: CDARS and CeN6cate of Deposit Account Registry Service are registered service marks of Promontory InterUnancial Network, LLC. 04107 DI A-1 City of Colleyville 100 Main Street ~? ; ~ ~~ Colleyville, Texas 76034 ~~ ~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 07/06/2010 Agenda No.: 4e Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Worthington Bank Attachments: CDARS Deposit Placement Agreement -Worthington Bank.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Approval of a Certificate of Deposit Account Registry Service (CDARS) deposit placement and custody agreement with Worthington Bank Explanation Reading and Public Hearing The Public Funds Investment Act includes, as a permissible option, the purchase of certificates of deposit (CDs) through Texas banks that participate in the Certificate of Deposit Account Registry Service (CDARS) program. The CDARS program allows the purchase of CDs through a brokering bank in Texas; any amount above the existing Federal Deposit Insurance Corporation (FDIC) limit, less anticipated accrued. interest, is placed with other banks in the CDARS network. On June 15, 2010, the City Council adopted Ordinance 0-10-1755, which included the purchase of CDARS CDs as a permissible option. In order to participate in the CDARS program, the City must have a deposit placement agreement with a CDARS network bank. Currently, two Colleyville banks, Northstar Bank and Worthington Bank, are members of the CDARS program and are CDARS network reciprocal transaction banks. When the City's funds are invested in a CDARS network reciprocal transaction bank, the local bank retains the full amount of the CD deposit to be made available for community lending purposes, while placing the City's funds in CDs throughout the CDARS's bank network. The local bank handles all investment reporting functions to the City such as monthly statements detailing CDs held, maturity dates .and disbursement of interest earnings. As Worthington Bank in Colleyville is a member of the CDARS network, attached is a CDARS deposit placement agreement and custody agreement authorizing the City's participation in the CDARS program with Worthington Bank. Financial Impact Depending on market conditions, interest earnings on CDARS network CDs could be higher City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefin4 Continued than interest earnings on Treasury notes and bills, agency notes, and local intergovernmental investment pools. These are investment options that the City utilizes. Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2010 ,~ ~ Worthington National Bank Rei~f€ansh€~S'Y {Yh Js ~~ ~FI~ f p ,J CC`'.:YLIP~T ~ .~t~ ,, ...~ ! I- ( f h~ > i ., ~~ ~v~ ~a "E , ,„~ .~ tonnes` , ~ _, €. ,r ~ ~~l °'" ire are u;:r ~ ° ~ x r Inv ~tna~€a€ _..._wUr ; .. ~, ~ G' =S. e. i6` ~f4U Q{ c~~~e '~ '.IYiBttfS 1V1;I8~~U~ C~it'Utii Qt~£ 3Es. "I~7i Vde 337({£ i H C~j: Il~~. St1': W)E~? CL5f3£Gf "~U C~9'w L' 3'c~$e; 4[7 C ~iYS F~113Fa~c. S5t7 €n', 0}<"" SplPOU~IY 175 t57 ~h(Ctt7~ ~~ snd n ss`>'i' _ (7~3GG yf5llf fans ~~ t typo ssf € ,- . t ; ~ ,n ~ ~ ; n rl~ s~ thra€tgh t~rnoY'~r~r ` Yranr._ ; ~.-c _ E o mske a c to Ez~ i':~.. Pdr _ „_ tt~, ~~i5r ~~~, ;~ Yuu 1 -,. F' ,: rt i (di Oai07 CI 1 t ~ ~~ ~. _, ,. r f:>. I . ` ._ .. , n ; Sf Dy .. iC r r~- :~ Sec' ~~. P(a4 ie~~t Proved ,_~ f}rder Dates anrf T'e~r,~~,z , 04,'7 ul 2 <. - oaru~ of s ~ilabl~ tl~rc a C€}ARS tJr ~ etie~€~ (l€ sr~ are ,° a. ~,. ~Cr,~r through a G€~ARS R~cipracai rra+,sE - zl~j ar ~ C€~ARS Re~ii,racal ction (lf we are placing you fttn I,. I a Gi?ARS C~ne•'v~'ay Tral ~} or on carnparablo ciepasits auallat}le directly from us, fraraa P€~I lr of Is that issue the Gos tltsgE~glr CC3ARS, fratn ether lr~sureci ln: eti or ~m insured depository l€tstituticans €lot par[ieipettnt~ in n~ ~- 5.'';r •l C~7or t~. ib ~ .. , .. . ~ . _ , ... ,. , f?~ .il 2.~: Eat 3 ~:~ me1„ cf d~ „~: rt=rrr,fr, t s fur :. ' ~ 3 irl:)':, ~ ~, r, ~ l-~): iY ' `.' i# . .. `: s,rr ' Sic ;.n ~ .. ~`iy of lnfar~ :ial~ E 4, :_:1,! ~: 27 p _ ~ j~1; oa-oz of a tH 1, Jd ~i~`FJ. . ,,. ~...i a?5ti rCr> a t: < G#te~n ti,is 3'r~tt ~, . .. r~~~~~~ntnl unit or ~#t~rr ~,~,,.~i.~r and ~roist7 your t~~rtti~ tc~ ° : ~(~ ~~~ tltrou~h C~B~R~ Reci~r~c? E "~e~n~:,ctians. l °C3R(Sj City of C. ol,leYvill,e, ..... _ ......_. al ~ 3tE~e' l;e(3~sity~ f°3' - _._ ...:~; 6th _._ JuLV......_ ?,_10..... i:~6'f~SITRY Iti~`°°`TUTIt3N scl~>ml~ui„ ~ `~i~ rte L+SI ~~(ii3S„r~E~ I kS l~4?>_.~ii~~~J .,}'~ Y ii .. ' ~' ~; Iv'fi" ~` "'~EJ.~. it , "y'qf •+~~;TI! _ .. c. :b . , .. It E; _._..._ __..... ~'~f1CiC 'CStiuE,,,C ~ .a CC '.' I Na~E_ ~f li`ut ~J~ r'~: ~:~tE €..,t, 3~ _.. stitu,.~~ _....._ R..~i€?; ," ? Pd., L.,~.:' , 5C; !:UL1r 2 u t tc ,:. ,3 _ _. 3 :. E7 , a~hhZ~~L;--~3~ fgf~~4pptt£i~Z4t.II4%ffl. [M[tJ~' L-p~~44EYtt~L~?3y43 S~SV$~i~by ips 5VE+3 £L3£~{~[~?V~gpy~Iw ~1iI l~iLnPi.~i r~«aY LP3 131. E"LF.]i£ " t £5 II963IY3V~ tYL., ?~, iSllf a3f~843Y4s VU~IIY Iw~3 wx ~3Ci1~11„~ Worthington National Bank 4814 Colleyville Blvd Colleyville Texas 76034 _. ^ Iu ~ ,~i a: ~, , u CO°Ct 01w0~1~0~~'; N x:re C t:~sL~:' Citv_of Collevville _ __ t';' ..............._................ Nan?c~. I`!k'i?: ~....... ~a;t?a; i P .~ ,6th r/ o~JulY i 10 OEPfl~lTC3k~Y 1~Ti~l1TlCSi~ Worthington.National.Bank ,,,.,., t,uonf or Chu ~.~r I ^ _ ~r}i, nuE-~r ~~~ ~ p ;.rr, I .a rtt' ii~~s 6th_ _ ',av r,p_July 7~E 10 k .,,~ ~_..,~ _ ~..<- ,~ , ~ ~. 041C7 01 A-1 ~, I~ ,~~ ~ ~ City of Colleyville 100 Main Street ~'`~ ~ Colleyville, Texas 76034 ~~ ~ ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Resolution Version: 1 Agenda Date: 07/06/2010 Requester: Finance Department Agenda No.: 4f Controlling Body: City Council Final Action: File Name: Approval of a bid award to High Cotton, USA, Inc,. for printing and mailing of utility bills and inserts Attachments: Recap of responses to request for proposal for utility bill /insert printing and mailing services History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Approval of a bid award to High Cotton USA, Inc., for printing and mailing of utility bills and inserts Explanation Reading and Public Hearing The City of Colleyville outsources the printing and mailing of utility bills and inserts (Colleyville Communicator) for approximately 9,500 bills per month, in a two-cycle billing, which equals approximately 114,000 bills annually. The City sent out a request for proposal for the printing and mailing of utility. bills and inserts. The proposal award is based on price, the evaluation of the proposers ability to perform and the required ability to interface with the City's existing utility billing software (Fund Balance File Format, comma delimited bill and fixed length bill). The accepted proposal is to be for one year with the option to renew for two additional one year periods, if mutually agreed upon by the City and the awarded proposer. Proposals were received from six companies that provide printing and mailing services, and those proposals were opened on .June 14, 2010. Attached is a recap of the responses received to the proposal. Only two of the companies, Advanced Info Systems, the City's current provider, and High Cotton USA, Inc., met the terms and conditions of the request for proposal regarding the required ability to interface with the City's existing software. High Cotton USA, Inc., was the low bidder at a first year annual cost of $74,559, with the second and third year costs of $74,934 and $75,222, respectively. It is recommended that the one year contract with the option to renew for two additional years for printing and mailing of utility bills and inserts be awarded to High Cotton USA, Inc. It is anticipated that High Cotton USA, Inc., will begin printing and mailing the bills and inserts for the City in August 2010. Initially, utility bills may be received later than customers are currently accustomed due to the process of software interface conversion. City of Colleyville Page 1 Printed on 7/1/2010 Agenda Briefing Continued Financial Impact The annual first year cost is $74,559, second year cost is $74,934 and the third year cost is $75,222. Funding is available in account 002-20-6226 and account 002-20-6302. Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2010 RECAP OF RESPONSES TO REQUEST FOR PROPOSAL UTILITY BILL /INSERT PRINTING & MAILING SERVICES ANNUAL TOTAL COMPANY VOLUME BILLS TOTAL INSERTS TOTAL POSTAGE TOTAL SETUP OTHER COST COMPLETE RESPONSE TO PROPOSAL YR1 114,000 $0.240 $27,360 $0.160 $18,240 $0.335 $38,190 - $0 $83,790 YR2 114,000 $0.250 $28,500 $0.170 $19,380 $0.335 $38,190 - $0 $86,070 YR3 114,000 $0.260 $29,640 $0.180 $20,520 $0.335 $38,190 - $0 $88,350 YR1 114,000 $0.195 $22,230 $0.122 $13,920 $0.335 $38,190 - $259 $74,599 YR2 114,000 $0.195 $22,230 $0.125 $14,280 $0.335 $38,190 - $234 $74,934 YR3 114,000 $0.195 $22,230 $0.128 $14,568 $0.335 $38,190 - $234 $75,222 INCOMPLETE PROPOSAL RESPONSES AND / OR SOFTWARE NOT COMPATIBLE WITH EXISTING UTILITY BILLING SOFTWARE Company could not directly verify interface compatibility with the City's existing software. Cost for programming and design were undeterminable. Charged by the hour with no maximum amount established. Did not meet the reference requirement submittal. Company could not directly verify interface compatibility with the City's existing software. :. No cost per bill provided as requested in RFP. Company could not directly verify interface compatibility with the City's existing software. One reference stated it took over 6 months to interface with their software. Returned an incomplete proposal by failing to return the required file format attachment section of the RFP. Company could not directly verify interface compatibility with the City's existing software. NO RESPONSE TO PROPOSAL DATAPROSE ~~<~(. _~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ,r,~..~ Agenda Briefing 817.503.1000 vrww.colleyvil le.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Fire Department Agenda Date: 07/06/2010 Agenda No.: 4g Controlling Body: City Council Final Action: File Name: Approval of a donation from Keep Colleyville Beautiful (KCB) for landscape enhancements at the Colleyville Central Fire Station, in the amount of $6,345.70 Attachments: KCB Fire Station Beautification Project.pdf City of Colleyville Donation and Transfer of Title - Westlake Ace Hardware.pdf City of Colleyville Donation and Transfer of Title -Unique Landscaping.pdf City of Colleyville Donation and Transfer of Title - Bowden's Guaranteed Hydro-Mulch.pdf City of Colleyville Donation and Transfer of Title -Steve Akin (Pavestone).pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Approval of a donation from Keep Colleyville Beautiful (KCB) for landscape enhancements at the Colleyville Central Fire Station, in the amount of $6,345.70 Explanation Reading and Public Hearing In late summer 2009, staff was approached by Ms. Gina Head with Keep Colleyville Beautiful (KCB), who requested permission to do a beautification project at the Central Fire Station as part of the organization's continued effort to beautify areas all across Colleyville. Staff agreed to work with KCB in the development of the project. On June 11, 2010, Ms. Head submitted to staff a final project proposal along with cost estimates and donation commitments from various vendors including Westlake Ace Hardware, Bowden's Guaranteed Hydromulch, Unique Landscaping, and Pavestone, Inc. The project will consist of installation of a pavestone patio area behind the fire station and addition of sod in several areas where erosion issues have developed over time. KCB plans to use volunteers for the labor portion of the project and have commitments from several groups to participate in the installation process. The proposed dates for the project are September 9-11, 2010. Fire department staff will assist as appropriate with on-duty personnel only and there is no anticipated cost to the City for continued maintenance as the areas being improved are already irrigated and maintained. Financial Impact The donation maximum is $6,345.70 and there are no costs to the City. Recommendation Approval Cify of Colleyville Page 1 Printed on 7/1/2010 Page lof4 Project Title Organization name Address City State Zip 501(c) (3) Number/Tax ID IRS Determination letter Contact name Contact title Phone number Fax E-mail address Organization mission Total Project expense Total dollar raised or Pledged Amount grant request Project description Beautification Fire Station Project Keep Colleyville Beautiful 6700 Colleyville Blvd Colleyville Texas 76034 59-3828664 Yes Gina Head KCB volunteer 817-988-2445 ead13(a,tx.rr.com Our mission is to educate and engage Colleyville citizens to take greater responsibility for improving their community environment. $6345.70 $4822.52 $0 The Beautification Fire Station project will take place at the Central Fire Station in Colleyville on Colleyville Blvd. The project is to install patio stone for a new picnic area and the dirt areas of the lawn will be replace with Saint Augustine sod . Page 2 of 4 Detail description The patio stone area is 20x12 area ,it will be plotted behind the fire station between two trees. To prepare the plot you begin by clearing and leveling the area to be paved. And then the 20x12 area will need to be edge with cedar 2x4's to give it stability. And then pack the soil down firmly with a power tamp. And spread one to three inches of course sand inside the plot. Next, level the sand, now begin laying pavers into a pattern. The use of a masonary saw will help cut the patio stone. A power tamper will make sure the bricks are firmly pack in place. When you aze done laying bricks spread sand all over the whole surface to close in the gaps. We will need 12 pallets of Saint Augustine sod that will cover 5065 square feet of the dirt azeas of the lawn. First you will need tilled the lawn area area. Prepare the soil by removing the topsoil from the problem area. Then spread two inches of the new topsoil over the subsoil, and till .Add sod to newly prepared lawn area. Now with the newly laid sod roll the area with a lawn roller . Page 3 of 4 Detail budget description 20x12 Patio Stone $2433.00 5065 square feet of Saint Augustine sod $1742.52 Rent a Power tamper $150.00 Rent a Masonry saw $125.00 Rent a Lawn roller $150.00 Sand for the Patio Stone $898.70 70 feet of cedar 2x4's for patio stone area $200.00 Topsoil 5065 sq.ft. 67 bags $320.00 Compost mix 12 bags $227.00 12 -1 gallon Flowers and Herbs $100.00 Other foundations or corporations Keep Colleyville Beautiful has received donations from contributing to the project Pavestone of Grapevine for 20x12 patio stones. Bowden's from Colleyville has donated 12 pallets of sod and Westlake Ace Hardware Store has pledge the Flowers and Herbs and Unique Landscaping from Colleyville has donated topsoil and compost mix . KCB is still contacting businesses around Colleyville and we have applied for grants from the Social Clubs in our community and Lowes and KTB Page 4 of 4 How will the money from the The gift will help KCB complete a project and City of Colleyville be used cultivate the spirit of volunteerism and community support. Our goal is to beautify the Central Fire Station of Colleyville and to improve the quality of life to the Firemen Your project scope Community improvement and Neighborhood beautification. Project start date September 9th' 2010 3-days of professionals and volunteers Project completion date September 11~' 2010 Volunteer opportunities and We will have professionals out on site Sept.9~' , 10~' and Community events 11~'. The volunteer from KCB, GCISD schools, Churches, Eagle Scouts, the Lions club, the Garden club and the rest of the community will help plant the sod, and flowers and herbs. The project will end with a lunch served by a community leader. Events or other promotions The Local papers will publicize the project and the planned to publicize the project Chamber of Commerce will publicize in one of the and the supporters monthly newsletter that is mailed to every resident in Colleyville. Person who will report Gina. Head volunteer from Keep Colleyville Beautiful will update on the improvements. CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE I/We WlrSrLA KG IiC,~ ~ I~RDuI,{Zru. hereby give, assign, transfer, and set over to the City o' Colleyville all of my rights, title; and interest in the materials described below: f=unds Stipulations (if any; _ LMf'~2ourS f-ars2. FzJt~, ~ f~fl'AlJ - T~1 ~3~ ~ .~t~:c~~ Specifications/Plans/Photos/Annual cost to city: Attached None E have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Date ~ ~G`~d Date Address of Donor `770 J C.Oa.~y~)~ure. ~~ r~~~rrr. ~0~ City 1.Ol~.ty U~.~, state _ _ / k ZIP 7003 Phone Numbers: Home Office ~S)~ SI~ 9~~`Y ?ECEIVED by Council Approval Date ResolutioNOrdinance Number ACCEPTED for and in behalf of the City of Collewille By Date vfayor, City of Colteyville Accession Number RESOLUTION R-04-2352 rITY OF COLLEWILLE DONATION AND TRANSFER OF TITLE I/We ,~Nr~ ~ (~th~XS c~, ~ hereby give, .assign, transfer, and set over to the City o` Colieyv~ille all f my rights, title, and in enrst in the materials described below. ~(Jh Sn 1 I r=ends Stipulations (if anp; rr I~-ef- Specifications/Plans/PhotoslAnnual cost to city: Attached None ~ have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor(s) -'r-r ~h ~. ~ Date D / Date Addn:ss of Donor ~~ I l C.yG ~.~!~ U ~ ! CD /',~ cJ City ~ State ~ ZIP ~~ !~ .~ Phone Numbers: Home ~ 7 " ~~~ ' y/~_ p~~ ~f~Q ?ECEIVED by Council Apurovai Date ResolutionlOrdinance Number ACCEPTED for and in behalf of the Citv of Collevville ~ Date vlayor, City of Colleyville Accession Number RE50LUTION R-042332 CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE ~~~~ INVe ' ~ereby give, assign, transfer, and set over to the Citv o' Colleyville all of my rights, title,. and int rest in the materials described~beiow: ~, runds Stipulations (it any 5peafications/Plans/Photos/Annual cost to city: Attached None, i have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor(s) Date ~ ~' Date Addres/s~of Donffor City / .~+ ~l~t,. ~: ~~i State " ~ x ZIP Phone Numbers: Home ~ l7'L~i ~- Z ~ ?, S _ ~~~ l7' T ~~-~~~ .DECEIVED by Council Approval Date ResolutioNOrdinance Numoer. ACCEPTED for and in behalf of the City of Colievville By Date rAayor, City of Colleyville Accession Number RESOLUTION R-04-2352 CITY OF COLLEYVILLE OONATiON AND TRANSFER OF TITLE IIWe ,~7~-~~ 1f~:..~ (a~~.. )hereby give, assign, transfer, and set over to the Ciiv o~ Colteyville all of my rights, title, and interest n the materials described below: r=unds Stipulations (if any,- ~/~ Specifications/Plans/Photos/Annual cost to city: Attached None i have read and understand the Don tion Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor(s) Date ~ 2~ o Date Address of Donor City 1~~~~..,.~. State O ZIP 7~0~ Phone Numbers: Home /7- ~4~-~~y 7 ~ Office ~7- y~/- 5~d ~ ,DECEIVED by Council Approval Date ResolutioNOrdinance Number ACCEPTED for and in behalf of the Citv of Collevville BN Date vlayor, City of Colleyville Accession Number RESOLUTION R-042352 "~='' City Hall City ~f VD~~eyV~~~e 100 Main Street ~~ it',rv ' 1`'' Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Fire Department Agenda Date: 07/06/2010 Agenda No.: 4h Controlling Body: City Council Final Action: File Name: Approval of retired fire apparatuses trade-in for acceptance of new fire apparatuses and authorize the City Manager to release the vehicle titles Attachments: History of Legislative File Version: Date: Acting Body: .Action Text: 07/06/2010 City Council Title Approval of retired fire apparatuses trade-in for acceptance of new fire apparatuses and authorize the City Manager to release the vehicle titles Explanation Reading and Public Hearing In November 2009, the City Council approved the purchase of two new aerial fire apparatus to replace a 1985 engine and 1996 engine in the fire department's fleet. As a condition of this purchase, the two fire apparatus being replaced were to be traded in on the purchase of the new apparatus. Construction of the new fire apparatus have been completed and are scheduled for delivery to the City during the week of July 12, 2010. At the time of delivery, the trade-in vehicles will need to be released from the City to Martin Fire Apparatus, the dealer from whom the City purchased the new apparatus. Financial Impact The trade-in value of the 1985 engine is $10,000 and the trade-in value of the 1996 engine is $35,000. Recommendation Approval City of Colleyville Page 1 Printed on 7/1/2010 ' ' City Hall City of Colleyville 100 Main Street ~ ~~~ ` ~'' Colleyville, Texas 76034 ~'~ 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: 07/06/2010 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for 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 1 07/06/2010 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 Second Reading and Public Hearing There were no speakers regarding this item at the June 15, 2010 City Council meeting. 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 City of Colleyville Page 1 Printed on 6/28/2010 Agenda Briefing Continued (0-10-1756) 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. 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. City of Colleyville Page 2 Printed on 6/28/2010 Agenda Briefing Continued (0-10-1756) Summary. The property is developed as a church and independently from the church use. Given that proposed from the church hours, the parking and overall impact The proposed development complies with the future land Master Plan. Financial Impact There is no financial impact to the City. Recommendation Approval, subject to the conditions in the draft ordinance. the proposed use will be operated private school hours will be off-set is sufficient for the proposed use. use designations of the Colleyville City of Colleyville Page 3 Printed on 6/28/2010 Location and Zoning Map 12h 13D ~~~ ~+~'; -- ry~1~ 11~ ~ ~1~ ~ ~z~ ~ ~~z ~ r~~ ~ ~ ~o, ~ <~~ ~ ~~~ ~ :, 4<~_. ,,o~ ~ ~ _,~ ~~/ .,. „~~~ ~ ,/~~ ~ ~_ Site :~ -1~~ ~ Y - ~ 4 YV ~ ~ ~ ~ ~~ ~ ~ ~ r~ ~ ~ ~ ~ ~ E ~~~ _~ ~_ ~ ~ ~ ~~ l ~ r ~' -CAS "' r ~~~;., r ~'(f I ~1 ik6 1 _ ~' l I! }s i -;i 1~ R20 . 11t, ~~o~ sr4 n= ' ,oo ~n4 aoa 41z 41n s~s~ so-~ v.aa s1z ~~ #~ ~'~ ~.' ~~Qy 41.6 ~ ~2~§'1 4'15 ~- -0?14 4115 41T4 ~'ll5 X5114- 4115 4114 ~ 4~G- :~ 11 ~ 4113 4112 4113 A~13 41-.5 4112 4113 ~ ~ 4205 , 112 ^-~-~,t1t Y '~ 4111 ,lp 4111 411a X11[ 4 11 i7 VJ 4109 ~ 0? 410J 4103 4100 4~"iQ3 41Gy 31'dG 4107 - rn13r,' C1~Jr 1167 4105 y1U7 `1 - ~ ~tn4 .I' 4201 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Rudel, Chandi Lynn First Assembly Of God Ch Inc 112 Montreal Dr P.O. Box 98 Hurst Colleyville TX TX 76054 76034 4400 Colleyville Blvd 4401 Colleyville Blvd Tiffany Park Ha Inc First Assembl Of God Ch Inc 400 Country PI P.O. Box 98 Colleyville Colleyville TX TX 76034 76034 4320 Tiffany Park Ln 4309 Colleyville 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 Colleyville TX 76034 401 Waterford Ln Johnson, Johnny W Etux Linda 408 Waterford Ln Colleyville 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 Colle ville TX 76034 413 Waterford Ln Morton, William P Etux Jan W 417 Waterford Ln Colleyville TX 76034 417 Waterford Ln Conley, John M Etux Margaret E 421 Waterford Ln Colleyville TX 76034 421 Waterford Ln Knight, Earnest G 21619 Old Highway 105 Cleveland TX 77327 4205 Felps Dr Long, Matthew W & Paige L Long Fryar, Joel E Etux Tamara W Ellis, James Jr Etux Eva F 412 Bridlewood N 408 Bridlewood N 404 Bridlewood N Colleyville Colleyville Colleyville TX TX TX 76034 76034 76034 412 Bridlewood North 408 Bridlewood North 404 Bridlewood North Sprang, Chris I Etux Melinda L Fine, David Etux C nthia 400 Bridlewood N P.O. Box 66 Colleyville Colleyville TX TX 76034 76034 400 Bridlewood North 312 Bridlewood North Yoakum, Mark Etux Pam 308 Bridlewood N Colleyville TX 76034 308 Bridlewood North Phelps, Michael Etux Karen 304 Bridlewood N Colleyville TX 76034 304 Bridlewood North Towne, Jeffrey Etux Amy T 300 Bridlewood N Colleyville TX 76034 300 Bridlewood North Wie mann, Paula L 4118 Steeplechase Dr Colleyville 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 Paddington Ln Colleyville TX 76034 4114 Paddington Ln Santosa, Teresa Etvir Philips 4115 Wellington Dr Colleyville TX 76034 4115 Wellington Dr Summers, Robert E Etux Lisa G 4114 Wellington Dr Colleyville TX 76034 4114 Wellington Dr Reid, James R Jr Etux Nancy A 4115 Steeplechase Dr Colleyville TX 76034 4115 Steeplechase Dr Mariana Ruiz, applicant 1022 Sam Hill St. Irving TX 75062 applicant Public hearing notices were mailed on Wednesday, April 28, 2010 by Amy Shelley Statement of jectives ...K,°a..u ,.~., s~ s P ~_ C A -_ , M N ,' ~ O I F S O H Economic Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 April 9`h, 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. ~tissivh 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. ~~.iloso~~.~ At Spanish Garden School we do not just teach, but we "Educate with love". Otr r C'itr rriCU l u yn. 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! l,ocativv~ Spanish Garden School will be located inside Assembly of God Church at: 4309 Colleyville Boulevard Colleyville, TX 76034 Phone: (8l7) 281-5465 ~fvurs a~.c~ I~a~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. ~'r'9es ~ Pro9rayn.s A~vailal~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. ~taxitM.u~. capac~t~ 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 Capacit __ 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 Regards, Spat~fsh Garden School ~`°""'~°'~°°-°° Mariana Ruiz- Director/ Owner Beatriz Rocha- Assistant Director/ Owner Information Provided by Applicant .,,~ ,.~ i ~ ~>,~ ~ ~,u~~r~?~r,r r'~ ~'k.~, 1 SITE PLAN 4309 Colleyville Spanish Garden School- Inside Assembly of God Church Playground Wall- No classrooms I ~ ~ ~~ Wall E m.~ o ac O o Q. C co ¢~ O N N y U ~o <n U -o N x .~ ~ N ~ ~ ~ U ~ r~ U ~ r~ 11 '7" 11' 7" 17'7" 17,2„ Church Offices Not used by SGS Parking Playground Exit H A L L W A Y Daor 3B2 SQ FT 23' 9'4" N U C N o Classroom ` ;n O ~~`„ t p 0 ~ ~° ~° ~ Max Capacity: ~ ~ ~ ~ m ~ ~ 12 students Q O Wall- No classrooms 15'9" 15,g„ c~ .a m 0 2 Spanish Wall Garden --- 14'4" 21'8" Entranced exit Classroom Classroom Max Capacity: Max Capacity: 7 students 10 students 13'9" 13'9" Church Offices Not used by SGS Church Entrance 0 0 sv 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 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 11~I1S9~123~1:'rf T31j ~~g7]?11~215 a-, 4400 / % j f i ~ ~; ~~ / ~ t ; i' Site ~~ - f; qtr: r i ~= " . ,. ~~ r 4cnt3 fir, ~~ ~ t `~ ,; ~t rr~~~ ~~ =-,~' .~ cc2 _ ;.la~.~~~~ ~ i ~ ,~, Ci~~~~ ~ II [ Y~3 _ _ _ 32&f t 41 t 4'to 4'54 d1i5 4114 0 vl,-t i ~ 4173 ~,'t 4'1: 3113 4'12 i :l' -~~~ 1 .1J \ ~ 5110 \ q~2C Og 1909 4'0, \ _. , \\ f 4'S 09 ~ ~ 4f?7 :I G• 1:~i -SI~7e 4., QS ~ ~~01 U -. ~~ ~ ~. -?U9 i~ a1s ~~~ ~o~ s~ s•~ E I 1155 4111 dl'S ~ - _ F 41' 3 1112 4 i43 4-l~l L'1C 3131 11J~ d~CS 4135 41[11 4>> - ~~+~~ 4 s c ~ ~' _1 ~ ~~ ~T7 ~ ~`S?~~*ft. `.. a j C~~~ch Q~`.~s P~rk~r~~ ~~'!~~ 4~C~rGijEt~' ~~sr Qv"'Q [;hUrGh E ntr~ n~~ -~ ~~~YG='EiJ""7 ~~z sct Fr ~m ~,~ .. J< v W 4` ~~ ~ j ~ 1 ~[ a t,I~a~T~~~Y r~'- ~ ~~~:y J.J.. ..~~_. ryi6. YAS •'3•i Vt'~i;dN ~~ i ~ _,_i X4'4" ~~-~-1- 21°3 L~#r~r?c~' ~~x;+ ° ~ ,dS~i "r` ( uYa55r~J,FI € ~' ~ t r i3`~~ ~~- f39 ~ ^~,~;;-~h Qffi~~s '~crt use~~ ~y ~G~ ~'' m }~ V W 'V T O O ~_ 7 .. ~~~ „~ ~ '° ~ City of Colleyville 100 Mlain Sltreet Colleyville, Texas 76034 T.,,... Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1757 File Number: 0-10-1757 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/06/2010 Controlling Body: City Council Requester: Police Department Agenda No.: 5b 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 1 07/06/2010 City Council Title Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) Explanation Second Reading and Public Hearing There were no speakers regarding this item at the June 15, 2010 City Council meeting. 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: City of Colleyville Page 1 Printed on 6/25/2010 Agenda Briefing Continued (0-10-1757) Estimated Beginning Fund Balance for the FY2011 $ 736,876 Revenues: '/2 Cent Sales Tax $ 944,350 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 of out-of-warranty in-car video systems Equipment for Child Abduction Response Team (CART) $ 1,000 City of Colleyville Page 2 Printed on 6/25/Y010 Aaenda eriefina Continued (0-10-1757) Colleyville share of area support for equipment needs For CART Debt Service: 1999 Certificates of Obligation $ 503,952 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 6/25/2010 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 $o $o $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 Page 2 of 2 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 In .f City of Colleyville 100 Mlain Street ~fi^ (~ ~~ ` Colleyville, Texas 76034 r.,:,: Agenda Briefing 817.503.1000 www.co-leyville.com File Number: 0-10-1758 File Number: 0-10-1758 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 07/06/2010 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 Attachments: Location and Zoning Map Notification List Letter of Opposition Received June 17, 2010 Statement of Planning Objectives Site Plan Floor Plan Ordinance 0-10-1758 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/14/2010 Planning and Zoning Commission 1 07/06/2010 City Council Title Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 Explanation First Reading and Public Hearing Karen Thiessen, on behalf of Walgreen Company, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the Walgreen facility located at 3830 Glade Road. Zoning. The property is zoned in the CC1-Village Retail zoning district. Sales of beer and wine for off-premise consumption are allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. Walgreens is a retail store that sells mostly prescription drugs, over the counter medicines and miscellaneous retail merchandise. This location consists of a 13,905 square foot retail building. The store hours of operation are Monday through Sunday, 8:00 a.m. to 10:00 p.m. The owner has submitted a site plan and floor plan depicting the location of the beer and wine sales in the existing building. City of Colleyville Page 1 Printed on 7/2/2010 Agenda Briefing Continued (0-10-1758) Staff has not added the hours of operation or the floor plan to the draft ordinance. On-Premise Consumption. On-premise consumption of beer and wine would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The properties to the north are zoned PUDR-Planned Unit Development Residential and are developed as the Heritage Oaks Addition. The properties to the south are zoned PUDR-Planned Unit Development Residential and are undeveloped. The properties to the east are zoned CC2-Shopping Center and are developed as office and retail uses. The properties to the west are zoned PUDR-Planned Unit Development Residential and are developed as the Copperglen Addition. Public Notification. Staff mailed notices to 23 property owners within 500 feet of the subject property 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 one letter in opposition to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the June 14, 2010 meeting by a vote of 4-0. Summary. The proposed SUP would authorize the sale of beer and wine for off-premise consumption but would not permit sales of beer and wine for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Financial Impact There is no financial impact to the City. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 2 Printed on 6/28/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER OWNER CITY STATE OWNER ZIP SITUS ADDR 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5040 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5036 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5032 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5053 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5057 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5052 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5013 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5065 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5060 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5009 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5064 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5005 Copperglen Cir Braceville Llc 2501 Kensington PI Colleyville TX 76034 5001 Herita a Ave Burton, Martha Est PO Box 100609 Fort Worth TX 76185 3805 Glade Rd Burton, Martha Estate PO Box 100609 Fort Worth TX 76185 3809 Glade Rd Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 5260 Heritage Oaks Dr Colleyville Assoc Herita a Oak Colleyville Assoc Heritage Oak Colle ille Assoc Herita a Oak 545 E John Carpenter Fwy #1500 545 E John Carpenter Fwy #1500 545 E John Carpenter Fwy #1500 Irving TX Irving TX Irving TX 75062 75062 75062 3741 Shumard Oak Ln 5008 Heritage Oaks Dr 5030 Herita a Oaks Dr Copperglen Hoa Inc Copperglen Hoa Inc Copperglen Hoa Inc Copper len Hoa Inc 2825 Exchange Blvd Ste 106 2825 Exchan a Blvd Ste 106 2825 Exchange Blvd Ste 106 2825 Exchan a Blvd Ste 106 Southlake TX Southlake TX Southlake TX Southlake TX 76092 76092 76092 76092 5044 Copperglen Cir 5017 Copper len Cir 5069 Copperglen Cir 5001 Copper len Cir G Points Sc Ltd, 101 1St Ste 476 Los Altos CA 94022 3930 Glade Rd Gateway Interests Llc Grapevine Colleyville ISD 4001 Gatewa Dr Ste 100 3051 Ira E Woods Ave Colle ville TX Grapevine TX 76034 76051 4001 Gateway Dr 5101 Heritage Ave Greenway Glade Partners Lp 3900 Glade Rd Colleyville TX 76034 3900 Glade Rd Harrington, Samuel M PO Box 150069 Dallas TX 75315 4908 Heritage Ave Harrin ton, Samuel Mason 2760 Fuller Wiser Rd Euless TX 76039 3829 Glade Rd Jeans, Courtney Etux Wanda V Jenrol Llc 2500 State Highway 121 5110 Herita e Ave Euless TX Colleyville TX 76039 76034 5049 Copperglen Cir 5201 Herita a Ave Mdc-Heritage Oaks Estates Ltd Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy 545 E John Carpenter Fw Irving TX Irvin TX 75062 75062 3937 Blackjack Oak Dr 5050 Heritage Ave Petty, Randy G Etux Carol S Rcc Herita a Glade Ltd 176 County Road 4680 99 Main St Ste 200 Boyd TX Colleyville TX 76023 76034 4900 Heritage Ave 5025 Herita a Ave Rcc Heritage Glade Ltd Rcc Heritage Glade Ltd Rcc Herita a Glade Ltd 99 Main St Ste 200 99 Main St Ste 200 99 Main St Ste 200 Colleyville TX Colleyville TX Colleyville TX 76034 76034 76034 5009 Heritage Ave 5021 Heritage Ave 5017 Herita a Ave Rcc Herita a Glade Ltd 99 Main St Ste 200 Colle ville TX 76034 5013 Herita a Ave Roljen Llc Saint Mary's Romanian Orth Ch Scott, Larry P & Laurie A Llc Somerset Custom Homes Ltd 5110 Heritage Ave 3801 Glade Rd 1915 Yorkshire Ct PO Box 92984 Colleyville TX Colleyville TX Lincoln NE Southlake TX 76034 76034 68506 76092 5110 Herita a Ave 3801 Glade Rd 3830 Glade Rd 5061 Copperglen Cir Somerset Custom Homes Ltd PO Box 92984 Southlake TX 76092 5056 Copperglen Cir Taitz Investments I Llc 10106 Empyrean Way Apt 301 Los An eles CA 90067 3908 Glade Rd Wlo Enterprises Inc Karen Thiessen, applicant 5005 Herita e Ave Ste 100 1601 Elm St. Colleyville TX Dallas TX 76034 75201 5005 Heritage Ave applicant, Walgreens Public hearing notices were mailed on June 1, 2010 by Amy Shelley. Letter of Opposition Received June 17, 2010 ~~ognizecf for ~~celler~e ~ine~~o2~e -- ~'~ ~1~~ Independent SchooC 1~istrict June 15, 2010 3051 Ira E. Woods Avenue Grapevine, TX 76051 To whom it may concern: R Grapevine-Colleyville Independent School District submits this letter of protest to the 1 application to change zoning for the Walgreen Plaza Addition at 3830 Glade Road to include a Special Use Permit for beer/wine sales for off-premise consumption. The 8171488-9588 zoning case number is ZCIO-009. METRO 8171481-5575 , The property in question is within 500 feet of our Early Childhood Development Center. The Center serves approximately 115 children ages infant through age 5 as well as approximately 16 Special Services students in the state-mandated Preschool Program for Children with Disabilities. Additionally, three GCISD schools -Heritage Elementary, Heritage Middle, and Colleyville Heritage High School -are located on Heritage Avenue just outside the 500-foot perimeter. GCISD has a comprehensive substance abuse awareness and prevention program, and we partner with our local police and community to equip our students with the tools to make good choices for their safety and well-being. The District formed the Community Awareness and Risk Education Coalition (CARE Coalition) to involve the broader community in placu~ing and implementing prevention strategies to safeguard GCISD youth. The Coalition includes representatives of all sectors of the community, including business, who work to educate students and parents about the prevalence of youth substance abuse and prevent abuse and its related consequences. We do not believe it is in the best interest of our students or our school community for a store in such close proximity to our early childhood school to be allowed to sell beer and wine for off- premise consumption. Thank you for your consideration.. i Sincerely, ~y,~/~ ~~ % yam/; 1~~ ""VZ7_) ``~__- ~t" i~~~,F Kathy Papathopoulos '~atti Davis Director Executive Director of Administration GCISD Extended Care Services Grapevine-Colleyville ISD RECE~~/EQ `~ ~ ~1 Par ............. ,, Statement of Planning Objectives GARDERE i attorneys and counselors www.gardere.com Karen Thiessen Direct Number (214) 999-4763 Facsi~hile (214) 999-3763 ' khiessen !~i gardere.com May 5, 2010 BYLONESTAR OVERNIGHT Attn: Amy Shelley City of Colleyville Community Development Dept. 100 Main St. Colleyville, TX 76034 (81?) 503-1050 Re: Walgreen Co. Application Information for Specific Use Permit for Sale of Beer and Wine for Off-Premises Consumption Only at Walgreens #04634 Mrs. Shelley: I represent Walgreen Co., as the applicant's representative, in its application for a special use permit ("SUP") from the City of Colleyville to allow for the sale of beer & wine sales (for off-premise consumption only) at the business of Walgreens #04634, located at 3830 Glade Rd., Colleyville, Texas 76034 (the "Store"). This letter should accompany the application attached hereto and is meant to act as a statement of planning objectives. Should you have any questions or require further information or explanation regarding anything found herein, please do not hesitate to contact me at (241) 999-4763 or via email at kthiessen@gardere.com or my colleagues, Dewey Brackin, at (512) 542- 7025 or via email at dbrackin@gardere.com and Marcus Schwartz, at (512) 542-7012 or via email at mschwartz@gardere.com. STATEMENT OF PLANNING OBJECTIVES Walgreen Company ("Walgreen Co.") has operated this location in Colleyville for a number of years. Recently, Walgreen Co., the owner of this Walgreens business, has begun obtaining Texas Alcoholic Beverage Commission ("TABC") licenses and/or AUSTIN 38492v.1 GARDERE WYNNE SEWELL LLP ^ Phone (512)542-7000 ^ Fax (512)542-7200 Austin ^ Dallas ^ Houston ^ Mexico City ., Walgreens #4634 SUP Request Statement of Planning Objectives Page 2 permits for the sale of beer and/or wine for off-premise consumption throughout the State of Texas. As of today, Walgreens has obtained over 500 TABC licenses and/or permits. In obtaining these permits, Walgreen Co. has shown itself to be in compliance with municipal, county, and state laws regarding licensing, permitting, and the continued operation of its businesses. With the granting of a SUP and certification of the Walgreen Co. TABC application by the City of Colleyville for this location, Walgreen Co. will continue to uphold its high standards and maintain compliance with all applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as well as all ordinances and rules of the City of Colleyville. Walgreen Co. is a socially responsible corporate citizen of Colleyville and all the other communities it calls home. Its stores are committed to continuing with its great efforts in community outreach. For example last fiscal year, Walgreen Co. provided over $20 million worth of product to the nation's largest network of food banks, it provided more than a million free health screenings last year, and continues to support a variety of health care and education-related organizations. In seeking this SUP, Walgreen Co. is simply seeking to add an additional product to the wide variety it already offers to its customers. Furthermore, great care will be extended to ensure the proper and lawful sale of beer and wine should the SUP be granted. This Walgreens is currently located within a block of Sushi Nikko, located at 3930 Glade Rd., which sells mixed drinks and beer and wine for on-premise consumption. At 4000 Glade Road, just two blocks away, Good Spirits LLC #4270 operates a business that sells beer and wine for off-premise consumption. Additionally, four blocks away is Hall's Grocery, which is permitted for beer and wine for off-premise consumption and within a third of a mile are two restaurants, Mac's Steaks & Seafood and Rio Mambo, both of which are permitted for the sales of mixed drinks and beer and wine for on-premise consumption. An additional seller of beer and wine in the area, especially considering this proposed seller does not aim to make a large percentage of its gross receipts from the sale of alcohol as a neighborhood drug store, would not be detrimental to the public health, safety, and/or welfare of the citizens of Colleyville. The introduction of beer and wine sales for off-premise consumption will not change the actual use of the premises. The Store will still be a retail establishment that is primarily a neighborhood drug store. Alcohol sales will not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. Walgreen Co. designs its stores to be consumer friendly. Customers would still be able to pick out their desired products, whether this includes wine and beer or not, pay for this merchandise, and exit the store quickly. As beer and wine sales are for off-premise consumption only, overcrowding should not be an issue. Furthermore, as mentioned above, there are several establishments that sell alcohol for on-premise consumption within the immediate vicinity. Thus, a consumer wishing to purchase beer or wine may pick any of these establishments to purchase their product. As a result, a substantial increase in traffic congestion or the overcrowding of the establishment or immediately surrounding area is not likely to occur. AUSTiN 38492v.1 Walgreens #4634 SUP Request Statement of Planning Objectives Page 3 Walgreen Co. is committed to providing for the safety and well being of its customers. It is believed that since this SUP is desired for off-premise consumption, the likelihood of incidents involving drunkenness, disorderly conduct and raucous behavior is greatly reduced and will likely be non-existent. Furthermore, Walgreens, as a dispenser of both prescription and over-the-counter drugs, is experienced in providing appropriate control over its establishment for the benefit of all its customers. This Walgreens will likewise continue to run a safe, sanitary, and welcoming business for the citizens of Colleyville if the requested SUP is awarded. The Store will not produce excessive noise, dirt, litter and odors in the establishment and in the surrounding area. In fact, the introduction of beer and wine for off-premise consumption sales should not be expected to change much of anything in relation to how the store currently operates. As such, no disturbances to surrounding property owners or the community at large should occur and compliance with all applicable city ordinances and state laws will be followed. x Sincerely, ,~ Karen Thiessen AUSTIN 38492v.1 ^ ^ ^ ^ ^ SI"f F. 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I R vsD.w' ~ 1 -~ I 175 J' ; L 611 1 j Af ~OHf. \ Ui'12 10~~ E ,~ ~ ~ j ~ Y 1 ~ ~ /I i' i 1 % 1; ISSUE 6OG ESCRIP'fIOY UA'IB n ...,~~~,E w,E~ / , ^ as , E., \ ^ ^ ^ I ~ i ^ y w ~` ^ ^ -U ~ ;IY JONX O'BRIEX - AXCtlRECI i ',, I ~;' ° RE4ISIWTION X0. 191E ° `ELI - L~ ~•r-y ~w„ - ° DATE:__SIGN80 l0U Y: 0]025 DATE: In/IE/W/ ° -.rxs~~~'_ "~ SCAIE: SHEET N0. ^ ° A0.1 ° LE :E> iEE I LF I{ SEE.T `_ EhE Beer and Wine Sales Heritage Avenue ORDINANCE 0-10-1758 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1 OF THE WALGREEN PLAZA ADDITION LOCATED AT 3830 GLADE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF- PREMISE CONSUMPTION; 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. ZC10-009; 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 0-10-1758 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 amended by amending the official zoning map by authorizing a Special Use Permit for the sale of beer and wine for off-premise consumption on Lot 1A, Block 1, of the Walgreen Plaza Addition located at 3830 Glade Road, as depicted on 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 only apply to the use of beer and wine sales for the purpose of off-premise consumption as depicted in Exhibit "B" of the existing 13,905 square foot building, on the subject property. b. 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. c. 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 Ordinance 0-10-1758 Page3of3 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 ~, ~ ~ . 4a ~, ~~ 1 ~~. ~+ ~ .,~~ ~ -_. ~ 1 `Y l.i ~+ '`. ~ ~ ;; _~~. .:~, ~ ~` -. ~~'r:~~ J ~"`~ `_-- t~ = ~`~ ~ ~F~)C°i~ ~~f"~ ~ `'~~`~~ ~?, :~ 1 ~ ~1 r:, Ct t > ~ ~°----~-~--, ,. ,~ ~~4~ 1 ~a ~~ a'~ 3 ~ ~ ~F ~ SITE ~ ~US~~ ~ {, F ~i, .~0~ ~ ~-~^'~ R ~.! `' ~ ~ ~ _ ~ ~ti11~ ~__~ ~._. -r ~~0~ 50~~7 ~,_~, ~ Itr j l~ j~r~. '- 1 ~ ,_ ~~O l ~~ -' S~31 ~i i ~tEj~ ~ r1,Y,.~.r)~ t 1 '~4~~.~> - ~# 3~~0 ~-~_ -~~ -~---_ ~.~ ~ '~- r L~ Lli~. -1~r0u Exhibit "B" -Site Plan !... ,,,. r.. r „_.. J 1 • ~ _ i ~ :1A il' 1F j ~ ~ ,.4 - ~ ~ . _ __ ee r y ! ~` r . ,. j ~ 1 _ .. L 1 ~ ~ ~ ~~ .,, < ~ i f. _. > v, ~ - ~ ~ ~ . ~ ~, ~, . .W ._..«.,.,.. .~.a... .. ,.~ i ~ .. ...:. c+~ 3 ~ f ~~ ~F d ~ ., "> - ~ '. A a .,~ , . ,r . , t _.. 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City Hall ~,' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: 0-10-1759 File Number: 0-10-1759 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 07/06/2010 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC 10-010 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Floor Plan Ordinance 0-10-1759 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/14/2010 Planning and Zoning Commission 1 07/06/2010 City Council Title Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC10-010 Explanation First Reading and Public Hearing Karen Thiessen, on behalf of Walgreen Company, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the Walgreen facility located at 4403 Colleyville Boulevard. Zoning. The property is zoned in the CC2-Shopping Center zoning district. Sales of beer and wine for off-premise consumption are allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. Walgreens is a retail store that sells mostly prescription drugs, over the counter medicines and miscellaneous retail merchandise. This location consists of a 13,905 square foot retail building. The store hours of operation are Monday through Sunday, 8:00 a.m. to 10:00 p.m. The owner has submitted a site plan and floor plan depicting the location of the beer and City of Colleyville Page 1 Printed on 7/2/2010 Agenda Briefing Continued (0-10-1759) wine sales in the existing building. Staff has not added the hours of operation or the floor plan to the draft ordinance. On-Premise Consumption. On-premise consumption of beer and wine would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The properties to the north are zoned CC1-Village Retail and are developed as various retail uses as well as medical office uses. The property to the south is zoned CC2-Shopping Center and is utilized as a soccer field. The properties to the east are zoned PUDR-Planned Unit Development Residential and are developed as the Tiffany Park Addition. The properties to the west are zoned CC2-Shopping Center and are developed as retail uses. Public Notification. Staff mailed notices to 24 property owners within 500 feet of the subject property 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 to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the June 14, 2010 meeting by a vote of 4-0. Summary. The proposed SUP would authorize the sale of beer and wine for off-premise consumption but would not permit sales of beer and wine for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Financial Impact There is no financial impact to the City. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 2 Printed on 6/28/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville, City Of Bransford Parkland Trust 100 Main St 5400 Bransford Rd Colleyville Colleyville TX TX 76034 76034 Mill Wood Dr 4516 Colle ville Blvd Bransford Park Land Trust PO Box 185 Colleyville TX 76034 Colleyville Blvd Reef Properties Inc Retail Buildin s Inc 179 N Plano Rd # B 3000 NE 63Rd St Richardson Oklahoma Cit TX OK 75081 73121 4508 Colle ville Blvd 4500 Colle ville Blvd M L Us Holdin s Ltd & C Hepfer 17130 Dallas Pkwy Ste 240 Dallas TX 75248 4521 Colle ville Blvd Colleyville, City Of Vcc J&M Corporation 100 Main St 4409 Colleyville Blvd Colleyville Colleyville TX TX 76034 76034 Mill Valley Dr 4409 Colle ville Blvd Nedocs Llc 4114 Steeplechase Dr Colleyville TX 76034 4301 Brown Tr Johnson, Randal D Etux Doreen 215 Mill Valley Dr Colleyville TX 76034 219 Mill Valley Dr Eskander Colleyville Llc 4408 Colleyville Blvd Land Tr Rudel, Chandi Lynn Bryn Mawr Partnershiip, The Wishard, Bruce & Della 4405 Colleyville Blvd 4408 Colleyville Blvd 112 Montreal Dr 16284 Deer Trail Ct 437 Carrillo St Colleyville Colleyville Hurst San Diego Santa Rosa TX TX TX CA CA 76034 76034 76054 92127 9540,1 4405 Colleyville Blvd 4408 Colle ville Blvd 4400 Colleyville Blvd 4403 Colle ville Blvd 4109 Brown Tr First Assembl Of God Ch Inc PO Box 98 Colleyville TX 76034 4401 Colle ville Blvd Wishard, Bruce & Dalla 437 Carrillo St Santa Rosa CA 95401 4109 Brown Tr Tiffan Park Ha Inc 400 Count PI Colleyville TX 76034 4320 Tiffan Park Ln First Assembly Of God Ch Inc Allen, Clarence Etux Elizabeth PO Box 98 4316 Tiffan Park Ln Colleyville Colle ville TX TX 76034 76034 4309 Colleyville Blvd 4316 Tiffan Park Ln Ashqeen, Muhammad Chernoff, Alan Scott 4312 Tiffany Park Ln 400 Waterford Ln Colleyville Colle ville TX TX 76034 76034 4312 Tiffany Park Ln 400 Waterford Ln White, Dovee Jo Tr 4308 Tiffany Park Ln Colleyville TX 76034 4308 Tiffany Park Ln Rasmusson, Rick Etux Jan 1264 Harwood Rd Ste 200 Bedford TX 76021 404 Waterford Ln Ryan, Tami C McCutchon, Helen 4304 Tiffany Park Ln 401 Waterford Ln Colleyville Colleyville TX TX 76034 76034 4304 Tiffany Park Ln 401 Waterford Ln Johnson, Johnny W Etux Linda Meaux, Duane E & Jud A Tr 408 Waterford Ln 405 Waterford Ln Colleyville Colleyville TX TX 76034 76034 408 Waterford Ln 405 Waterford Ln Marsicano, James D Etux Nancy 409 Waterford Ln Colleyville TX 76034 409 Waterford Ln Karen Thiessen, applicant 1601 Elm St. Dallas TX 75201 applicant, Wal reens Public hearing notices were mailed on June 1, 2010 by Amy Shelley. Statement of Planning Objectives G A R~ E R~ iiiii __ __ '; attorneys and counselors www.gardere.com Karen Thiessen Direct Number (214) 999-47G3 Facsimile (214) 999-37G3 kthiessen@gardere.com May 5, 2010 B Y LONE STAR O tjERNIGHT Attn: Amy Shelley City of Colleyville Community Development Dept. 100 Main St. Colleyville, TX 76034 (817) 503-1050 Re: Walgreen Co. Application Information for Specific Use Permit for Sale of Beer and Wine for Off-Premises Consumption Only at Walgreens #04085 Mrs. Shelley: I represent Walgreen Co., as the applicant's representative, in its application for a special use permit ("SUP") from the City of Colleyville to allow for the sale of beer & wine sales (for off-premise consumption only) at the business of Walgreens #04085, located at 4403 Colleyville Blvd., Colleyville, Texas 76034 (the "Store"). This letter should accompany the application attached hereto and is meant to act as a statement of planning objectives. Should you have any questions or require further information or explanation regarding anything found herein, please do not hesitate to contact me at (241) 999-4763 or via email at kthiessen@gardere.com or my colleagues, Dewey Brackin, at (512) 542- 7025 or via email at dbrackin@gardere.com and Marcus Schwartz, at (512} 542-7012 or via email at mschwartz@gardere.com. STATEMENT OF PLANNING OBJECTIVES Walgreen Company ("Walgreen Co.") has operated this location in Colleyville for a number of years. Recently, Walgreen Co., the owner of this Walgreens business, has begun obtaining Texas Alcoholic Beverage Commission ("TABC") licenses and/or AUSTIN 38481v.1 GARDERE WYNNE SEWELL LLP ^ Phone (512) 542-7000 ^ Fax (512) 542-7200 Austin ^ Dallas ^ Houston ^ Mexico City Walgreens #4085 SUP Request Statement of Planning Objectives Page 2 permits for the sale of beer and/or wine for off-premise consumption throughout the State of Texas. As of today, Walgreens has obtained over 500 TABC licenses and/or permits. In obtaining these permits, Walgreen Co. has shown itself to be in compliance with municipal, county, and state laws regarding licensing, permitting, and the continued operation of its businesses. With the granting of a SUP and certification of the Walgreen Co. TABC application by the City of Colleyville for this location, Walgreen Co. will continue to uphold its high standards and maintain compliance with all applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as well as all ordinances and rules of the City of Colleyville. Walgreen Co. is a socially responsible corporate citizen of Colleyville and all the other communities it calls home. Its stores are committed to continuing with its great efforts in community outreach. For example last fiscal year, Walgreen Co. provided over $20 million worth of product to the nation's largest network of food banks, it provided more than a million free health screenings last year, and continues to support a variety of health care and education-related organizations. In seeking this SUP, Walgreen Co. is simply seeking to add an additional product to the wide variety it already offers to its customers. Furthermore, great care will be extended to ensure the proper and lawful sale of beer and wine should the SUP be granted. This Walgreens is currently located next door to Colleyville Fine Wine, located at 4405 Colleyville Blvd., a business that sells wine and beer for off-premise consumption. Within three blocks of the Store, the Colleyville Texaco, located at 4612 Colleyville Blvd., sells beer and wine for off-premise consumption and the Pacific House Chinese Cuisine restaurant, located at 4714 Colleyville Blvd., sells mixed drinks and beer and wine for on-premise consumption. An additional seller of beer and wine in the area, especially considering this proposed seller does not aim to make a large percentage of its gross receipts from the sale of alcohol as a neighborhood drug store, would not be detrimental to the public health, safety, and/or welfare of the citizens of Colleyville. The introduction of beer and wine sales for off-premise consumption will not change the actual use of the premises. The Store will still be a retail establishment that is primarily a neighborhood drug store. Alcohol sales will not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. Walgreen Co. designs its stores to be consumer friendly. Customers would still be able to pick out their desired products, whether this includes wine and beer or not, pay for this merchandise, and exit the store quickly. As beer and wine sales are for off-premise consumption only, overcrowding should not be an issue. Furthermore, as mentioned above, there are several establishments that sell alcohol within the immediate vicinity. Thus, a consumer wishing to purchase beer or wine may pick any of these establishments to purchase their product. As a result, a substantial increase in traffic congestion or the overcrowding of the establishment or immediately surrounding area is not likely to occur. AUSTIN 38481v.1 Walgreens #4085 SUP Request Statement of Planning Objectives Page 3 Walgreen Co. is committed to providing for the safety and well being of its customers. It is believed that since this SUP is desired for off-premise consumption, the likelihood of incidents involving drunkenness, disorderly conduct and raucous behavior is greatly reduced and will likely be non-existent. Furthermore, Walgreens, as a dispenser of both prescription and over-the-counter drugs, is experienced in providing appropriate control over its establishment for the benefit of all its customers. This Walgreens will likewise continue to run a safe, sanitary, and welcoming business for the citizens of Colleyville if the requested SUP is awarded. The Store will not produce excessive noise, dirt, litter and odors in the establishment and in the surrounding area. In fact, the introduction of beer and wine for off-premise consumption sales should not be expected to change much of anything in relation to how the store currently operates. As such, no disturbances to surrounding property owners or the community at large should occur and compliance with all applicable city ordinances and state laws will be followed. X it Sincerely, K~~`~- Karen Thiessen AUSTR~I 3848Iv.1 ^ ~ ~ ~ ^ SITE ANALYSIS TOTAL LAND AREA: 77,898 SF 1.780 ACRES BUILDING AREA: 13,905 SF ~ PARKING REQUIRED: 70 SPACES PARKING PROVIDED: 78 SfANDARO SPACES 4 ACCESSIBLE SPACES PARKING RATIO: 5.89 SP/NSF REQUIRED LANDSCAPE AREA (207.) 15,579 SF LANDSCAPED AREA PROVIDED: 18,320 SF EXISTING TREES TO REMAIN: 7 (BITIIIN PROPOITY LIND) l 6 y , ~~f ^y' BUILDING CODE ANALYSIS BUILDING CODE: UNIFORM BUILDING CODE 1991 EDff(ON BUILDING OCCUPANCY: B 2 - MERCAMfILE CONSTRUCTION TYPE: Y N RITR AUTOMATIC SPRINKLER MAXIMUM ALLOIfABLE AREA: PER TARLE 5-C RASE AREA: 8,000 SF FULLY SPRINKLERED: 24,000 SF ACTUAL BUILDING AREA: SALES: 10,988 SF STOREROOM: 1.793 SF OFFICE: 1.148 SF TOTAL 13,905 SF OCCUPANT LOADS: SALES -10,888 SP/30 = 385.55 STOCKROOM - 1,793 SF/300 = 5.97 OFFICE - 1,148 SF/100 = II.48 OCCUP. LOAD = 382.98 NUMOER OF REQUIRED EXITS: 2 EXIST 1IIDTN REQUUIRED: 382.98 OCCUPANTS X .2/12 = 8.38 PEST EXIT 1fIDTH PROYIDED: 9.3 FEET MAXIMUM DISTANCE TO EXIT: 200 FEET ~ ~ ~ LBRC=S 8554'49^ E ~~I a= ~~i 1-BRG=~7 4l°5503' E N 48"02'27' E 251.00' a varol -` ~'~~' SITE PLAN ~~^°°°• "°""°"° 1^=zo• ~ N ~ -c~rreyoiri~- Bred-~s.rr. ~~}- -" - l20 -0' R.O.II. ~ - - - - - _ ~- - - _ - _ - i ^ ^ ^ O'BRIEN & ASSOCIATES ^ 11MDIIeLiD.. ^ . , ~NNaD Q~}eR10118 - ^ ^ 5910 RARVESI HILL ROAD SOIT6 138 - - ^ DALLAS, TEXA3.75230 ^ su-Yw-Iola ru aa-+eo-aese - - ^ ^ ^ ~'~ ^ ^ ~ ^ O - ^ ~ ~ ^ D3 a f[W~~ E ^ °yk p~i~ _ ^ '~+i ^ p (~j ~ ^ ... ~~'~ y m ^ ~ ~ ^ ~~ ° ;`~} ^ C' ^ , ISBUB LOG - 110.- Dt80001[ON ~_ D.'R. ~.~~P o ~~ Q urc crosD. ranuDa ©isr nu..waarta _ nrwA~ w~ ^ ^ ^ g~ Q Ovetl DY PoBN O'W01..- IKWRI.T 5!ta Plen ADDr ^ OK18(AAIDIN 80.'a81e ^ -'~:. Clly of CdI0y~I110. :IGtI. Dtl'8:__ eIOMD -il\E ^ IOH / 88011 ^ :. ~4)L DATI a/sf/80 /-i fAM. OEV. 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'~ py yI OoPzrlments. ^ Floor Plan Brown Trail Entryway Colleyville Boulevard ORDINANCE 0-10-1759 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2R1, BLOCK 1 OF THE BROWN TRAIL COMMONS WEST ADDITION LOCATED AT 4403 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF-PREMISE CONSUMPTION; 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. ZC10-010; 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 Ordinance 0-10-1759 Page 2 of 3 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 amending the official zoning map by authorizing a Special Use Permit for the sale of beer and wine for off-premise consumption on Lot 2R1, Block 1, of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, as depicted on 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 only apply to the use of beer and wine sales for the purpose of off-premise consumption as depicted in Exhibit "B" of the existing 13,905 square foot building, on the subject property. b. 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. c. 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 Ordinance 0-10-1759 Page3of3 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ~~ _~ P[?Dtt ,, -- ~_ -- ,_, . - --~ r ~ -- ~..~. ~~s °. ~ .~ ,. r = x~ ~ vv~ -- r ; , ~ - a • 1 ~f ~ l~ l ~ /~ ~ ~" VV %/ ~~ ~~,,: _ 44~~i~~ ~V~ ~{{{~ !r ~/ r \ , / ~j , / ~_ V,. r CCy Site ~~~7~1 ~ ~iQ 1 _ ~'~',, ( K ir~!' 4 J ? s[ ~- , ^ Exhibit "B" -Site Plan __ _ _. ~,~j _ _ _ ex w it .w~e+wr~nnr aw. ter.. >t - d~..w`orf. _ ~ .. t.~.•c, .r.. r,e'u air. S. ~r-•--+s'~s: { .~ , F _ .. C ~ 'r k + .~ s. ~ ~ [ ~ 5 C~ v ,r ,-,. ~.r r ~ r ,r ,. ~ f - .~ v ~a- ~lz~ x °'mr'n ~ ~ 'i, ~ L I t U - 1 e vt. ems,. ~ ~ ~, ~ ., F..S" v `rAl+w~:Y ~C~ ~ ~~ Y fii~ 1 F' ~YbiC C^~--~"•~ .9 ~ t .c R5 a'o-u ~ ~~ 9 ~ 1--. .-.>X~~ 71 ~ f..~~,~. ra*. 'Tr ~~i~~ ~5 x 6~'it i'R ?Ya5 < ~ t t ~- t l r l i i i ~ + ~. ~ _}. " .. 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I ~~~ , . r ~ i r+ ,~~ F~.t u~,, . ~ { ~,r _' s ~ »r. ,., ~t -~ ., .,„ot ~.,~,~ ~ i ~ ~ + )l 0 S~ i ~ rz+x.+zxrt +ce~ ~ f ~ s R l ~. ~. ~.~F ,.f _ • .. ~ ~~1 i n ~ u ua ~. ~ ~ R ,. ~.~ r' .,..._ •~ ~ .. a ,~ ~.. __ w ~. _, ' ~ f .'' -sa~K .,.av 70`2..9tl .. ~ ~ ~ ~ ~ ~~ i 3 ~. , era cr wr, ~ w r ~ k - - - - I ~ ~ '~ 4 # ~ f/ ~R. j ~ET ~ 5~y ~ F~, I' t~ i`~h~ 'a~nLq~wr. ~ 8 ~~.~. i ~µ .' m I '~' €€ (( J s~ w..~:.,. ~-. a.. to-a a. - _ _ ,, ~.. ~~... ~ __r._ _ ~. • _~ ~ $--~.-- ~ 1~«u f ~~~.~ _ ,- ~~.. e <"~ ^ " ^ ,~ City Hall .~r~rJ:l;,; City of Colleyville 100 Main Street Colleyville, Texas 76034 ~' Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3245 File Number: R-10-3245 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 07/06/2010 Controlling Body: City Council Requester: Police Department Agenda No.: 7a Final Action: File Name: Approval of the Public Safety Regionalization Interlocal Agreement Attachments: "Exhibit A" Fiscal Year 2011 combined dispatch and jail budgets and general and administrative charges for services to the cities of Southlake and Colleyville.pdf "Exhibit B" Estimated equipment and configuration costs to be paid by Colleyville to prepare the emergency communications center.pdf Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the Cities of Keller, Southlake and Colleyville Resolution R-10-3245.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/06/2010 City Council Title Approval of the Public Safety Regionalization Interlocal Agreement Explanation Reading and Public Hearing This item was first presented to City Council at the May 19, 2010 City Council Worksession. This item was placed on the Pre Council agenda on June 1, 2010 in order to address any additional questions and receive preliminary direction from Council. Council agreed to move forward with the planning stages and public information process at that time. In 2009, it was agreed a cost-benefit analysis should be conducted to explore the possibilities of participation in a regional dispatch center toward increased efficiency and effectiveness. As a result, the feasibility of participation in a cooperative effort was included as a part of the 2010 Annual Workplan for the police and fire departments. This project was temporarily put on hold pending the selection of the new police and fire chiefs. In January of 2010, the regionalization research resumed following the permanent appointments of Chief Dye and Chief Shelley to their respective positions. The chiefs met and agreed upon a course of action, which included the identification of any suitable partners, acost/benefit analysis, and a level of service study. The scope of the research included a review of the number of calls for service each year for the Colleyville Police and Fire Departments; availability and compatibility of nearby regional partners; affect on current operations; and an analysis of the Colleyville Police Department Jail (currently overseen, in part, by Communications) as it would be impacted by the removal of any communications personnel. City of Colleyville Page 1 Printed on 7/2/2010 Agenda Briefing Continued (R-10-3245) - The initial stage of the cooperative study focused on the identification of any suitable partners. Over the last several years, most area police and fire chiefs have been discussing collaborative efforts as a means to eliminate redundancy and operate at more efficient levels. An analysis of the dispatch and jail workloads for the City of Colleyville concluded that the combined workload for the city does not solely justify astand-alone operation if a suitable partner can be identified that offers enhanced levels of service and cost avoidance through the elimination of a jail operation. The search for a suitable partner focused on available physical space, as well as similar city population, demographics, levels of service, dispatch and operational protocol, and records management systems. After a thorough search and review of area agencies, it was determined the Keller/Southlake dispatch and jail center is a potential match for the City of Colleyville. The Keller/Southlake regional dispatch and jail center has been jointly operating since 2007. Police and fire calls for service are handled for both agencies out of the city of Keller dispatch center and both cities utilize the Keller jail to book and house their prisoners. The City of Colleyville city manager and the police and fire chiefs met with their counterparts from the City of Southlake and discussed their satisfaction with the joint operations. The Southlake officials indicated they are extremely pleased with the regional operation and believe it enhances their levels of police and fire service while also allowing them to operate more efficiently from an operational perspective as well as from a fiscal standpoint. The Colleyville police and fire chiefs independently met with their Keller counterparts and toured the Keller facility. Each was pleased with the physical accommodations, as well as the similar protocol and standards of operation. Staff agrees the Keller/Southlake regional center offers a suitable partnership for Colleyville's dispatch and jail operations. Regionalization with Keller/Southlake is feasible for several reasons. Keller and Southlake have been successfully operating together for almost three years and all three cities have similar demographics and expectations of service. The chiefs from the three cities are committed to successful regionalization and attentive stewardship of city resources in terms of cost effectiveness and providing enhanced levels of service. The cities of Colleyville, Keller, and Southlake currently share the same records management systems, operating standards, and dispatch protocol, as well as contiguous borders with mutual aid compacts already in place. The City of Colleyville has a need for jailers and the regional center offers the capacity to house prisoners from the three cities with room for expansion. Regionalization appears to be the future direction for small and medium size agencies in order to reduce redundancy and improve service and staffing levels especially in the midst of challenging budget times. The overall purpose of adding Colleyville to the Keller/Southlake regional dispatch and jail center is to achieve a more effective and efficient delivery of public safety services to all three communities while reducing redundancy. The advantages of regionalization with Keller/Southlake include: • improved public safety services to all three communities • increased exposure to other departments, thus enhancing inter-departmental cooperation City of Colleyville Page 2 Printed on 7/2/2010 Agenda Briefing Continued (R-10-3245) • reduction of redundancy of operations • less time in handling prisoners resulting in increased time on the streets for officers • better utilization of building and technical resources • increased training time for employees • cost savings and cost avoidance • sufficient staffing for a dedicated fire dispatcher • improved sharing of police and fire data • improved compliance with national standards If regionalization does occur, Colleyville residents will experience no differences in calling 911 and the levels of police and fire service will not be adversely affected. Since Colleyville shares a contiguous border with Keller and Southlake, regionalization would allow dispatchers to dispatch other agencies, if they are closer, to calls near city borders. This could result in faster response times for public safety services as the other agencies could provide emergency assistance until the primary city agency arrives on scene. If regionalization occurs, the center would never expand past the three cities in order to ensure and maintain high levels of service. The City of Colleyville 911 Communications Center has eight full-time positions currently consisting of one supervisor, six dispatchers, and one vacancy. The only identified disadvantage of regionalizing with Keller/Southlake would involve the loss of City of Colleyville employees. If regionalization occurs, then at least four Colleyville employees would be transferred to City of Keller employment since the regional center is located in Keller. Any openings prior to the recommended transition date of October 1, 2010 would also be held for City of Colleyville employees making it possible for additional positions to be transferred. Furthermore, area police chiefs have committed to giving preference to Colleyville dispatchers should they have any openings in their respective dispatch centers prior to October 1. All Colleyville employees transferring to Keller would be placed on a pay scale closest to their current salary and would receive an additional stipend for working in a regional center and assuming additional responsibilities. After one year of successful employment with Keller, the Colleyville employees would be placed on the seniority list and given full credit for their past years of service in Colleyville in regard to longevity pay, vacation accrual, and shift bidding. Colleyville employees would only be subject to a pre-employment drug screen prior to becoming City of Keller employees and their TMRS benefits would transfer. The total costs of the regional center would be shared among the three cities and paid in direct proportion to their respective dispatch and jail workloads. Currently, the Colleyville dispatch operations consist of eight total positions while the three-city concept would facilitate 21 total positions consisting of one manager; one supervisor; two shift supervisors; and 17 dispatchers. The Colleyville operation typically has two dispatchers working on each shift while the regional center would have four dispatchers and one supervisor on each shift. The increased staffing in the regional center would facilitate more opportunities for training, allow for a dedicated fire dispatcher, and provide future cost savings through shared expenditures for required technology upgrades. The Colleyville portion of the communications component in the regional center would equate to 16% of the total workload while Keller and Southlake would be responsible for 42% each. The current City of Colleyville Page 3 Printed on 7/2/2010 Agenda Briefing Continued (R-10-3245) annual cost for 911 communications for the City of Colleyville is $491,958. The annual cost under a regional agreement would be $275,067 resulting in a first-year savings of $216,891 for communications. The Colleyville Police Department does not employ any jailers and prisoners are booked in and monitored by patrol officers and dispatchers. Under the regional concept, the jail would consist of six full-time jailers and one supervisor. A regional three-city jail would average a daily prisoner population of nine prisoners with a capacity for 14 prisoners. The regional jail has Live Scan and AFIS digital fingerprinting and warrant verification systems, which are two items currently not in place in the Colleyville jail. The regional jail meets Texas Commission on Jail Standards, Texas Police Chiefs Recognized Best Practices Standards, and the Commission on Accreditation for Law Enforcement Agencies (CALEA) National Standards. Colleyville officers currently expend approximately 2,400 hours a year booking prisoners and checking on prisoners, which equates to 1.14 officers annually. In a regional center, jailers would book in prisoners and care for them so Colleyville officers would only encumber about 800 hours, or 0.38 officers, a year transporting prisoners to Keller. The Colleyville portion of the jail activity would be 24% of the total workload with Keller encumbering 48% and Southlake 28%. Current annual costs for the jail in Colleyville are $35,888 and regional jail costs would be $99,297 annually, which is an additional $63,409 each year. The removal of the jail from the Justice Center would result in cost avoidance due to the loss of prisoner care responsibilities. A summary of annual costs are as follows: Current Annual Costs Communications $491,958 Jail* $ 35,888 Total $527,846 "Jail costs of $35,888 include hard costs of $7,888 and soft costs (prisoner medical transports) of $28,000. Regionalization Annual Costs Communications $275,067 Jail $ 99,297 Administrative* $ 38,000 Tota I $412, 364 * Administrative costs include information services, administration, and human resources costs. The estimated savings for the first year would be approximately $115,482; however, there would be some one-time equipment and configuration costs (approximately $30,000) as the addition of Colleyville to the regional center would require adding a console in the communications center. The jail costs would be determined on an annual basis by using the actual prisoner count data from the previous year. The dispatch costs would be fixed at 42% for Keller, 42% for City of Colleyville Page 4 Printed on 7/2/2010 Agenda Briefing Continued (R-10-3245) Southlake, and 16% for Colleyville for the first three years of the agreement. Subsequent dispatch cost adjustments would be done once every three years using an average of the preceding three years of call load data. The recommended start date of October 1, 2010 was tentatively approved by City Council pending the approval of a formal interlocal agreement. The initial contract would be for six years to coincide with the Southlake agreement. In 2016, upon the expiration of the initial six-year term, there would be an option for two additional five-year contracts. The contracts would include an option for exiting the regional center upon a 24-month written notification at any time. The City of Keller would make annual notifications to the City of Colleyville regarding the estimated costs for the upcoming budget year by May 30th and no more than 5% could be added to that estimate prior to October 1st of the same year. Performance measures would be agreed upon by all three cities and monthly reports would be provided to each agency. The police and fire chiefs from all departments would be joint decision makers regarding operations, protocol, and standards with the Keller police administration handling day-to-day personnel matters. The Colleyville Municipal Court would share duties in the arraignment of prisoners and joint processes regarding the collection of fines and bonds would be agreed upon. Subsequent to projected date of October 1st for regionalization, the Tarrant County 911 District is interested in leasing the Colleyville Communications Center space for use as a permanent 911 back-up site for northeast Tarrant County. Tarrant County 911 is willing to sign a lease on the same cycle as the regional agreement and is also amenable to a 24-month written notice of cancellation. Tarrant County 911 would pay the City of Colleyville, on an annual basis, to lease the space vacated by Colleyville dispatch and has also agreed to help with the aforementioned one-time costs of moving into the regional center. By using the Colleyville space as a back-up site, Tarrant County 911 would be responsible for keeping the communications equipment up-to-date and in good working condition. As a result, this would strengthen any exit strategy and require only the rehiring of personnel to move communications and jail operations back to Colleyville should that be necessary in the future. Included as an attachment to this briefing is the Public Safety Regionalization Interlocal Agreement, which formalizes the aforementioned payments for services performed; contract periods; and scope of jail, dispatch, warrant, magistrate, and administrative services. The agreement also addresses the formation of a standing committee consisting of three members from each of the three agencies, as well as prisoner transport protocol and use of a common records management system. Finally, the interlocal agreement details the previously discussed cancellation agreement, dispute resolution process, and indemnification agreement. Exhibit "A" (attached) lists the dispatch, jail, and administrative costs for each city and Exhibit "B" (attached) shows the estimated one-time equipment and configuration costs. The one-time costs will only be paid upon receipt of actual invoices and may be subsidized by Tarrant County 911. The costs specified in the attached agreement cannot increase more than 5% between this date and the time at which the Keller City Council adopts their budget (no later than September 25th). Upon approval of City Council, the public safety regionalization project implementation would continue through task-specific work groups to complete the conversion to the Keller City of Colleyville Page 5 Printed on 7/2/2010 Agenda Briefing Continued (R-10-3245) facility on October 1, 2010. The mayor and the city manager will be authorized to sign the interlocal agreement committing Colleyville's participation in the regional dispatch and jail center with Keller and Southlake. In addition, the city attorney will be authorized to sign the agreement as to form. Financial Impact It is estimated that the public safety regionalization with Keller and Southlake will result in some cost savings; however, the main focus of this cooperative effort is to provide enhanced levels of public safety service and facilitate the removal of prisoner care responsibilities. Recommendation Approval City of Colleyville Page 6 Printed on 7/2/2010 EXHIBIT A FISCAL YEAR 2011 COMBINED DISPATCH AND JAIL BUDGETS AND GENERAL AND ADMINISTRATIVE CHARGES FOR SERVICES TO THE CITIES OF SOUTHLAKE AND COLLEYVILLE OPERATING BUDGET FOR KELLER/SOUTHLAKE/COLLEYVILLE EMERGENCY COMMUNICATIONS CENTER FISCAL YEAR 2011 $1,719,163 Includes twenty (21) full-time employee equivalents (FTEs), 19 public safety dispatchers, 1 communications supervisor, 1 communications center manager; operations, records keeping, building capital and maintenance costs. Southlake Annual Service Level at 42% cost share Colleyville Annual Service Level at 16% cost share $ 722,048 $ 275,066 OPERATING BUDGET FOR JAIL SERVICES FISCAL YEAR 2011. Includes six (6) full-time employee equivalents, detention officers; operations, capital ,and maintenance costs. $ 413,736 Southlake Annual Service Level at 28% cost share. Colleyville Annual Service Level at 24% cost share. GENERAL AND ADMINISTRATIVE CHARGES (1) Includes services of Police Administration, Human Resources, Information Services. Southlake Colleyville TOTAL ANNUAL COST FOR FISCAL YEAR 2011 Southlake Colleyville (1) PERCENT (%) OF RESPECTIVE ANNUAL OPERATING BUDGET USED: Southlake Colleyville Police Administration 4.5% 2.5% Human Resources 4.0% 2.0% Information Services 2.6% 2.5% $ 124,121 $ 99,297 $ 50,000 $ 38,000 $ 896,169 $ 412,363 EXHIBIT B ESTIMATED EQUIPMENT AND CONFIGURATION COSTSTO BE PAID BY COLLEYVILLE TO PREPARE THE EMERGENCY COMMUNICATIONS CENTER • Computer • Dispatch Furniture • Additional Phone/radio recording licensing fee • Dispatch Wireless Headset • Gold-Elite Radio Console • Motorola Installation Cost $ 2,000 $ 2,000 $ 850 $ 1,100 $15,900 8 840 • Estimated Total $30,690 INTERLOCAL AGREEMENT FOR COMBINED PUBLIC SAFETY DISPATCHING AND JAIL SERVICES FOR THE CITIES OF KELLER, SOUTHLAKE AND COLLEYVILLE THE STATE OF TEXAS )( COUNTYOF TARRANT )( THIS ("AGREEMENT"), is made and entered into by the CITY OF KELLER, TEXAS, a Home Rule municipal corporation, ("KELLER"), the CITY OF SOUTHLAKE, TEXAS a Home Rule municipal corporation, ("SOUTHLAKE"), and the CITY OF COLLEYVILLE, TEXAS a Home Rule municipal corporation, ("COLLEYVILLE") each acting by and through its duly appointed and authorized city managers: WITNESETH: WHEREAS, KELLER AND SOUTHLAKE entered into an Interlocal Agreement to combine public safety dispatching ("Dispatching") and jail services ("Jail Services") back on September 5~', 2006, for an initial period often (10) years with an option for two successive five (5) year terms; and WHEREAS, KELLER AND SOUTHLAKE have been operating continuously under the Interlocal Agreement; and WHEREAS, COLLEYVILLE is desirous of joining the agreement by combining public safety dispatching ("Dispatching") and jail services ("Jail Services") with KELLER and SOUTHLAKE to provide their residents and businesses with a more effective and efficient delivery of these key public safety services; and WHEREAS, KELLER has the facilities available to perform the Dispatching and Jail Services for the three cities; and WHEREAS, KELLER, SOUTHLAKE, and COLLEYVILLE desire to enter into this Agreement to combine Dispatching and Jail Services to deliver these key public safety services at the highest level possible for both communities in accordance with the terms and conditions set forth herein; and WHEREAS, this Agreement amends and replaces the Interlocal Agreement upon the effective date of this Agreement; and WHEREAS, all payments for Dispatching and Jail Services to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE have concluded that this Agreement fairly compensates the performing party for the Dispatching and Jail Services being provided hereunder; and WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE believe that this Agreement is in the best interests of KELLER, SOUTHLAKE and COLLEYVILLE; and WHEREAS, this Agreement is approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act"). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIl'T AND SUFFICIENCY OF WHICH ARE HEREBY CONFIl2MED, KELLER, SOUTHLAKE AND COLLEYVILLE HEREBY AGREE TO THE FOLLOWING: Section 1. All matters stated above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for an initial term of six (6) years commencing on October 1, 2010, and ending September 30, 2016, (the "Initial Term") and may be extended thereafter by mutual consent of the parties hereto and for two successive five (5) year terms. (The renewal terms shall be referred to as the "First Renewal Term" and "Second Renewal Term", respectively) Section 3. Scope of Services to be provided by KELLER KELLER hereby agrees to provide SOUTHLAKE and COLLEYVILLE the following equipment, services, personnel, and facilities: a. Commencing October 1, 2010, KELLER will provide Jail Services at the KELLER Police Department. The KELLER Municipal Judge will work with the SOUTHLAKE and COLLEYVILLE Municipal Judges in establishing a mutually agreeable daily arraignment protocol of SOUTHLAKE and COLLEYVILLE prisoners. KELLER will provide the necessary detention officers and other employees to properly supervise and operate KELLER'S jail facility. SOUTHLAKE and COLLEYVILLE prisoners shall be released in accordance with specific written procedures agreed upon by KELLER, SOUTHLAKE and COLLEYVILLE. Jail Services shall include at a minimum the following: 1. accepting full responsibility for the custodial care of all persons taken into custody by SOUTHLAKE and COLLEYVILLE and delivered to the KELLER Police Department jail facility; 2. providing necessary all booking services when accepting prisoners to the facility; 3. providing SOUTHLAKE and COLLEYVILLE with full access to inmates for the purpose of conducting interviews or interrogations, in accordance with reasonable regulations established by KELLER; 4. making available all prisoners whose presence is requested or ordered by a court of competent jurisdiction; 5. releasing prisoners for investigative purposes outside the jail facility when such requests are authorized by a duly authorized SOUTHLAKE and COLLEYVILLE official; 6. maintaining a log and other applicable records of these and all other significant events related to SOUTHLAKE and COLLEYVILLE prisoners. 7. maintaining a service level that complies with all applicable standards for the jail function as required presently and in the future by the Commission on Accreditation for Law Enforcement Agencies, Inc., by maintaining accreditation status throughout the period of this agreement. b. On October 1, 2010, KELLER, SOUTHLAKE and COLLEYVILLE will merge Public Safety Dispatching Services for police, fire and emergency medical service ("EMS") services for KELLER, SOUTHLAKE AND COLLEYVILLE, at the KELLER Police Department, and KELLER shall provide all such Dispatching Services for SOUTHLAKE and COLLEYVILLE. The Dispatching personnel will be KELLER employees and will be under the supervision and control of the KELLER Chief of Police or his authorized designee. For identification purposes the KELLER Police Department Dispatch Center will be identified as the Keller/Southlake/Colleyville Emergency Communications Center. KELLER shall at all times maintain sufficient staff to perform the Dispatching Services it provides under this agreement. Dispatching Services shall mean all public communication functions necessary for the provision by SOUTHLAKE and COLLEYVILLE of police, fire, and emergency medical services to SOUTHLAKE's and COLLEYVILLE'S citizens, and shall include at a minimum the following: 1. answering all SOUTHLAKE and COLLEYVILLE emergency 9- 1-1 calls within ten seconds or less; 2. dispatches emergency calls for Fire/EMS service in one minute or less 90% of the time; 3. dispatching emergency calls for Police Service in one and a half minutes or less 90% of the time; 4. providing a dedicated person assigned as a Fire Dispatcher; 5. answering any citizen requests for service placed to the designated non-emergency number; 6. dispatching police patrol units, fire apparatus, or EMS as appropriate in response to 9-1-1 or other calls, or at SOUTHLAKE's and COLLEYVILLE's direction; 7. maintaining radio or other remote communications with SOUTHLAKE's and COLLEYVILLE's police, fire, or EMS units as necessary to facilitate provision of services; 8. maintaining documentary records according to industry standard of all dispatching activity. 9. maintaining a service level that complies with all applicable standards for the communications function as required presently and in the future by the Commission on Accreditation for Law Enforcement Agencies, Inc., by maintaining accreditation status throughout the period of this agreement. c. KELLER shall make a conditional offer of employment to not less than four (4) public safety dispatchers currently employed by the Colleyville Police Department on or before September 1, 2010, for employment with KELLER to become effective on the merger ,date of October 1, 2010, contingent upon the COLLEYVILLE dispatch employees passing a KELLER pre-employment drug screen. One position will be for the new Detention Officer position, and one newly created dispatcher position due to the merger. The other two dispatcher positions are current vacancies. KELLER shall place the COLLEYVILLE dispatchers on the KELLER dispatch pay scale at the amount closest to their current hourly base rate at COLLEYVILLE. The dispatcher who elected to be a jailer will be placed on the appropriate step of the Detention Officer pay scale closest to his current pay at COLLEYVILLE. Upon employment by KELLER, COLLEYVILLE Public Safety dispatchers will receive the same employment benefits provided to KELLER employees at a comparable pay scale. An annual $4,000 regional dispatcher stipend will be paid on a bi-weekly interval in addition to the KELLER dispatcher pay scale to all of the employees assigned to the communications center. This will insure an initial pay increase for al] Colleyville dispatchers who accept a position in KELLER. The COLLEYVILLE dispatcher electing the position as the Detention Officer will receive an annual $2,500 regional stipend paid bi-weekly in addition to the pay step on the KELLER Detention Officer pay scale. All of the Detention Officers will receive the regional stipend as long as this Agreement is in force. d. KELLER shall provide SOUTHLAKE and COLLEYVILLE monthly service reports detailing prisoner counts and dispatching performance measures including the number of calls for service, response times, number of 911 emergency calls dispatched, and any other statistical reports requested by SOUTHLAKE and COLLEYVILLE capable of being provided by the CRIMES records management program. e. All Human Resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide Jail Services and Dispatching to SOUTHLAKE and COLLEYVILLE, including providing all employee polices and procedures and the administration thereof shall be provided by KELLER. f. KELLER shall provide access to SOUTHLAKE'S and COLLEYVILLE'S warrant information retained at the communications center to the SOUTHLAKE Department of Public Safety, SOUTHLAKE Municipal Court, COLLEYVILLE Police Department, COLLEYVILLE Municipal Court, and all other law enforcement agencies. g. KELLER will form a standing committee consisting of three (3) SOUTHLAKE Department of Public Safety employees selected by the Director of the SOUTHLAKE Department of Public Safety, three (3) KELLER employees selected by the KELLER Chief of Police, and three (3) COLLEYVILLE employees to address operational and policy decisions that will arise from operating the public safety dispatch center and Jail. Supervisors from SOUTHLAKE and COLLEYVILLE will be invited to attend all staff meetings called by the Dispatch Manager or Jail Supervisors. h. KELLER agrees to perform all services under this agreement in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Section 4. SOUTHLAKE Obligations. SOUTHLAKE agrees to perform the following: a. Pay the sum of One Hundred and Twenty-Four Thousand, One Hundred and Twenty- Four Dollars ($124,121.00) to KELLER for Jail Services for the Fiscal Year 2010/1 ] beginning on October 1, 2010 and ending on September 30, 2011. The amount of charges to be established based on the adopted Fiscal Year 2010/l 1 KELLER Police Department Operating budget to operate the KELLER jail. This payment represents a 28% cost share of all Jail Services by SOUTHLAKE based on the previous calendar year prisoner count of SOUTHLAKE arrests (See payment schedule, Section 6.) b. Pay the sum of Seven Hundred and Twenty-Two Thousand, Forty-Eight Dollars ($722,048.00) to KELLER for their share of expenses to operate the public safety dispatching center; representing a 42% cost share calculated by using KELLER'S Fiscal Year 2010/1 l Budgeted Expenses. (See payment schedule, Section 6.) Pay the sum of Fifty Thousand, Dollars ($50,000.00) for General and Administrative Charges based on KELLER'S operating budget for Fiscal Year 2010/11. (Payment percentages described in Exhibit "A" shall remain the same for the duration of this agreement.) d. SOUTHLAKE will continue as a member of the Northeast Tarrant County Radio Consortium and pay the required member fees, including the radio maintenance fees for radio control stations within SOUTHLAKE and all mobile and hand-held radios assigned to the employees of SOUTHLAKE. The fees for the maintenance agreement for the radio equipment within the public safety dispatch center will be the responsibility of KELLER and will be part of the annual budget operating costs subject to cost sharing agreement for dispatching services as stated in Exhibit "A". e. Agree to utilize the CRIMES Records Management System to be compatible with the CRIMES Computer Aided Dispatch System that will be used by the public safety dispatching center. SOUTHLAKE will be responsible for the purchase and maintenance of all computer workstations at SOUTHLAKE facilities and their own police and fire vehicles or other Public Safety Emergency equipment. SOUTHLAKE will maintain their own Public Safety records unit at a Southlake facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. SOUTHLAKE will also be responsible for SOUTHLAKE'S record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident. £ Arrange for the timely delivery of all the required paperwork to properly hold and arraign SOUTHLAKE prisoners. SOUTHLAKE Department of Public Safety will be responsible for the transportation of all SOUTHLAKE prisoners to KELLER'S jail facility. Should the need arise for an in-custody transportation for emergency medical treatment of a SOUTHLAKE prisoner housed at the KELLER jail, a KELLER police officer shall provide security for up to two hours until a SOUTHLAKE police officer can respond to the medical facility to assume custody. Section 5. COLLEYVILLE Obligations. COLLEYVILLE agrees to perform the following: a. Pay the sum of Ninety-Nine Thousand, Two Hundred and Ninety-Seven Dollars ($99,297) to KELLER for Jail Services for the Fiscal Year 2010/11 beginning on October 1, 2010 and ending on September 30, 2011. The amount of charges to be established based on the adopted Fiscal Year 2010/11 KELLER Police Department Operating budget to operate the KELLER jail. This payment represents a 24% cost share of all Jail Services by COLLEYVILLE based on the previous calendar year prisoner count supplied by COLLEYVILLE. (See payment schedule, Section 6.) b. Pay the sum of Two Hundred and Seventy-Five Thousand, Sixty-Six Dollars ($275,066) to KELLER for their share of expenses to operate the public safety dispatching center; representing a 16% cost share calculated by using KELLER'S Fiscal Year 2010/11 Budgeted Expenses. (See payment schedule, Section 6.) c. Pay the sum of Thirty-Eight Thousand Dollars ($38,000.00) for General and Administrative Charges based on KELLER'S operating budget for Fiscal Year 2010/11. (Payment percentages described in Exhibit "A" shall remain the same for the duration of this agreement.) d. Pay aone-time equipment and configuration cost of approximately Thirty Thousand Dollars ($30,000.00) to KELLER to prepare the public safety dispatch center to accommodate the merger of services. KELLER will provide the necessary documentation to COLLEYVILLE for reimbursement. Exhibit "B" is an estimate for the costs known at this time. KELLER will retain the title to all the equipment in the public safety dispatch center and is responsible to properly maintain and insure the equipment. e. COLLEYVILLE will continue as a member of the Northeast Tarrant County Radio Consortium and pay the required member fees, including the radio maintenance fees for radio control stations within COLLEYVILLE and all mobile and hand-held radios assigned to the employees of COLLEYVILLE. The fees for the maintenance agreement for the radio equipment within the public safety dispatch center will be the responsibility of KELLER and will be part of the annual budget operating costs, subject to the cost sharing agreement for dispatching services as stated in Exhibit "A". Agree to utilize the CRIMES Records Management System to be compatible with the CRIMES Computer Aided Dispatch System that will be used by the public safety dispatching center. COLLEYVILLE will be responsible for the purchase and maintenance of all computer workstations at COLLEYVILLE facilities and their own police and fire vehicles or other Public Safety Emergency equipment. COLLEYVILLE will maintain their own Public Safety records unit at a COLLEYVILLE facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. COLLEYVILLE will also be responsible for COLLEYVILLE'S record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident. g. Arrange for the timely delivery of all the required paperwork to properly hold and arraign COLLEYVILLE prisoners. COLLEYVILLE Police Department will be responsible for the transportation of all COLLEYVILLE prisoners to KELLER'S jail facility. Should the need arise for an in-custody transportation for emergency medical treatment of a COLLEYVILLE prisoner housed at the KELLER jail, a KELLER police officer shall provide security for up to two hours until a COLLEYVILLE police officer can respond to the medical facility to assume custody. Section 6. Payments for Services Performed. All payments for Jail Services and Dispatching Services except for the one time configuration and equipment payment period outlined in Section S.d., hereto shall be paid by SOUTHLAKE and COLLEYVILLE to KELLER in four (4) equal installments due on the 1st day of each calendar quarter beginning October 1, 2010 in advance of the services performed by KELLER for SOUTHLAKE and COLLEYVILLE for each subsequent calendar quarter of KELLER'S fiscal year and continuing thereafter throughout the term of the Agreement. Each annual payment amount for Jail Services shall be in accordance with KELLER'S Fiscal Year Police Department Operating budgeted amount for the jail adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share amount to be determined by the prisoner count from the previous calendar year. Each annual payment for the operation of the public safety dispatching center shall be in accordance with KELLER'S Fiscal Year Police Department Operating budgeted amount for the communications center adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share factor. For the first three years of this agreement the cost share factor will be fixed at 42% for SOUTHLAKE and 16% for COLLEYVILLE. The workload factors in the communications center include the number of 9-1-1 calls answered for each respective city, the number of police, fire, and EMS calls dispatched and initiated for each respective city for the three years will be averaged and the cost share formula may then be adjusted up or down for SOUTHLAKE and COLLEYVILLE for the fourth year of the agreement. Subsequent adjustments during this agreement will be done once every three years using an average from the preceding three years of data. Each annual payments for the General and Administrative Charge shall be based on the fixed percentages described in Exhibit "A", adjusted annually, based on KELLER'S respective departmental budget anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. KELLER shall notify SOUTHLAKE and COLLEYVILLE of the anticipated costs of the Jail Services and Dispatching Services and general and administrative charges by May 30 of each fiscal year for budgeting and planning purposes. The final costs will be determined and communicated in writing when the KELLER City Council adopts the KELLER annual budget, but shall not exceed the estimate by more than 5%. The annual cost increase for SOUTHLAKE and COLLEYVILLE for the Jail Services and Dispatching and general and administrative costs shall not exceed the percentage increase of the KELLER Police Department's annual operating budget. In the event the SOUTHLAKE and COLLEYVILLE City Councils fail or refuse to approve the annual payment amount set forth in this section by September 25, prior to any fiscal year during the term of this Agreement, the Agreement shall be deemed to be cancelled, effective at the end of the then current fiscal year of KELLER. Section 7. Cancellation. a. SOUTHLAKE and or COLLEYVILLE shall have the right to terminate, based on the provisions of this Agreement, if KELLER breaches any of its terms or fails to perform any of the obligations it imposes, and then fails to cure the breach or failure within thirty (30) days following written notice from SOUTHLAKE and or COLLEYVILLE. If the Agreement is terminated under this paragraph, KELLER shall be entitled to retain money already received prorated to the period from the last payment until the date of termination, and shall refund the remainder to SOUTHLAKE and or COLLEYVILLE. After the initial twenty-four (24) months of this agreement, all parties shall have the right to terminate this Agreement by giving written notice to KELLER at least twenty-four (24) months prior to the subsequent Fiscal Year, October 1. All payments by SOUTHLAKE and or COLLEYVILLE to KELLER shall continue until the cancellation date or as mutually agreed to by both parties. Should either SOUTHLAKE or COLLEYVILLE choose to cancel this agreement the remaining city can choose to continue the agreement with KELLER with new cost sharing formulas developed at that time and mutually agreed upon. Section 8. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail -return receipt requested: KELLER Dan O'Leary, City Manager City of Keller P.O. Box 770 Keller, TX 76244 SOUTHLAKE Shana Yelverton, City Manager City of Southlake 1400 Main Street Southlake, TX 76092 COLLEYVILLE Jennifer Fadden, City Manager City of Colleyville 100 Main Street Colleyville, TX. 76034 Section 9. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public services, it is mutually agreed that all questions arising under this Agreement shall first be handled and attempted to be resolved between the City Managers of KELLER, SOUTHLAKE and COLLEYVILLE. All issues regarding the performance of Dispatching, or Jail Services shall be brought directly to the attention of the KELLER Chief of Police or his authorized designee. Immediate performance complaints or concerns should be addressed by communicating the problem to the on-duty dispatch supervisor. Any issues not resolved hereunder may be referred to the respective governing bodies for resolution and if necessary, the parties hereby agree to the appointment of acourt-certified (certified in Tarrant County) Mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues. Section 10. Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. No litigation shall be commenced prior to both parties completion of mediation in accordance with Section 9. Section 11. All parties mutually agree that KELLER is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of KELLER in no way are to be considered employees of SOUTHLAKE or COLLEYVILLE. The employment rights of KELLER personnel assigned under this agreement will not be abridged. Section 12. To the extent allowed by law, KELLER hereby agrees to indemnify and otherwise hold harmless SOUTHLAKE and COLLEYVILLE, its officers, agents and employees in both public and private capacity against all liability claims, suits, demands, losses, damages, attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property arising out of or in any way connected to KELLER'S performance of jail services under this agreement including any intentional or negligent acts or omissions of KELLER'S officials, officers, agents or employees relating to or arising out of the performance of the jail services. KELLER, SOUTHLAKE AND COLLEYVILLE each agree to accept full responsibility for the actions of their own officers, agents and employees in the operation of the communications center, or in the performance or use of dispatching services under this agreement, and each party hereby agrees to indemnify and otherwise hold harmless the other party, its officers, agents and employees in both public and private capacity against all liability claims, suits, demands, losses, damages, attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property arising out of or in any way connected to the intentional or negligent acts or omissions of that party, its officers, agents or employees, in the operation of the communications center, or in the performance or use of dispatching services under this agreement. It is expressly understood and agreed that, in the execution of this Agreement, KELLER SOUTHLAKE and COLLEYVILLE do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, KELLER, SOUTHLAKE and COLLEYVILLE do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 13. In the event that the jail and or communications center located at the KELLER Police Facility is damaged due to a natural or a man made disaster and is unusable, KELLER will have a contingency plan to continue to provide the services under this Agreement at another facility within Northeast Tarrant County. Section 14. Annually, at the time the cost for Jail Services and Dispatching Services are re- calculated, this Agreement will be reviewed by both parties for needed clarification and or revisions. This Agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE. Section 15. This Agreement has been approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE respectively. The execution of this Agreement has been authorized by an act of the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the day of , 20]0, in duplicate originals. CITY OF KELLER, TEXAS CITY OF SOUTHLAKE, TEXAS By: P.G. McGrail Mayor By: John Terrell Mayor By: Dan O'Leary City Manager By: Shana Yelverton City Manager 10 ATTEST: By: Sheila Stephens City Secretary CITY OF COLLEYVILLE, TEXAS By: David Kelly Mayor By: Jennifer Fadden City Manager ATTEST: By: Cynthia Singleton City Secretary APPROVED AS TO FORM: By: L. Stanton Lowry City Attorney for Keller By: Matthew Boyle City Attorney for Colleyville ATTEST: By: Lori Farwell City Secretary By:Allen Taylor City Attorney for Southlake 11 RESOLUTION R-10-3245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AN INTERLOCAL AGREEMENT FOR COMBINED PUBLIC SAFETY DISPATCHING AND JAIL SERVICES FOR THE CITIES OF KELLER, SOUTHLAKE, AND COLLEYVILLE, TEXAS WHEREAS, the City Council of the City of Colleyville has determined there is a need to form a regional communications and jail center with the cities of Keller and Southlake; and WHEREAS, the City Council deems it to be in the best interest of the citizens of Colleyville to enter into an interlocal agreement with the cities of Keller and Southlake, to enhance the levels of public safety services through the formation of a regional emergency communications and jail center; and WHEREAS, the current Colleyville communications center and jail will now serve as a permanent back-up site for Tarrant County 911, to service northeast Tarrant County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council of the City of Colleyville, Texas hereby approves the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the cities of Keller, Southlake and Colleyville, Texas attached hereto. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor INTERLOCAL AGREEMENT FOR COMBINED PUBLIC SAFETY DISPATCHING AND JAIL SERVICES FOR THE CITIES OF KELLER, SOUTHLAKE AND COLLEYVILLE THE STATE OF TEXAS COUNTYOF TARRANT )( THIS ("AGREEMENT"), is made and entered into by the CITY OF KELLER, TEXAS, a Home Rule municipal corporation, ("KELLER"), the CITY OF SOUTHLAKE, TEXAS a Home Rule municipal corporation, ("SOUTHLAKE"), and the CITY OF COLLEYVILLE, TEXAS a Home Rule municipal corporation, ("COLLEYVILLE") each acting by and through its duly appointed and authorized city managers: WITNESETH: WHEREAS, KELLER AND SOUTHLAKE entered into an Interlocal Agreement to combine public safety dispatching ("Dispatching") and jail services ("Jail Services") back on September 5~`, 2006, for an initial period often (10) years with an option for two successive five (5) year terms; and WHEREAS, KELLER AND SOUTHLAKE have been operating continuously under the Interlocal Agreement; and WHEREAS, COLLEYVILLE is desirous of joining the agreement by combining public safety dispatching ("Dispatching") and jail services ("Jail Services") with KELLER and SOUTHLAKE to provide their residents and businesses with a more effective and efficient delivery of these key public safety services; and WHEREAS, KELLER has the facilities available to perform the Dispatching and Jail Services for the three cities; and WHEREAS, KELLER, SOUTHLAKE, and COLLEYVILLE desire to enter into this Agreement to combine Dispatching and Jail Services to deliver these key public safety services at the highest level possible for both communities in accordance with the terms and conditions set forth herein; and WHEREAS, this Agreement amends and replaces the Interlocal Agreement upon the effective date of this Agreement; and WHEREAS, all payments for Dispatching and Jail Services to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE have concluded that this Agreement fairly compensates the performing party for the Dispatching and Jail Services being provided hereunder; and WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE believe that this Agreement is in the best interests of KELLER, SOUTHLAKE and COLLEYVILLE; and WHEREAS, this Agreement is approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act"). NOW THEREFORE, INCONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFII2MED, KELLER, SOUTHLAKE AND COLLEYVILLE HEREBY AGREE TO THE FOLLOWING: Section 1. All matters stated above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for an initial term of six (6) years commencing on October 1, 2010, and ending September 30, 2016, (the "Initial Term") and may be extended thereafter by mutual consent of the parties hereto and for two successive five (5) year terms. (The renewal terms shall be referred to as the "First Renewal Term" and "Second Renewal Term", respectively) Section 3. Scope of Services to be provided by KELLER KELLER hereby agrees to provide SOUTHLAKE and COLLEYViLLE the following equipment, services, personnel, and facilities: a. Commencing October 1, 2010, KELLER will provide Jail Services at the KELLER Police Department. The KELLER Municipal Judge will work with the SOUTHLAKE and COLLEYVILLE Municipal Judges in establishing a mutually agreeable daily arraignment protocol of SOUTHLAKE and COLLEYVILLE prisoners. KELLER will provide the necessary detention officers and other employees to properly supervise and operate KELLER'S jail facility. SOUTHLAKE and COLLEYVILLE prisoners shall be released in accordance with specific written procedures agreed upon by KELLER, SOUTHLAKE and COLLEYVILLE. Jail Services shall include at a minimum the following: 1. accepting full responsibility for the custodial care of all persons taken into custody by SOUTHLAKE and COLLEYVILLE and delivered to the KELLER Police Department jail facility; 2. providing necessary all booking services when accepting prisoners to the facility; 3. providing SOUTHLAKE and COLLEYVILLE with full access to inmates for the purpose of conducting interviews or interrogations, in accordance with reasonable regulations established by KELLER; 4. making available all prisoners whose presence is requested or ordered by a court of competent jurisdiction; 5. releasing prisoners for investigative purposes outside the jail facility when such requests are authorized by a duly authorized SOUTHLAKE and COLLEYVILLE official; 6. maintaining a log and other applicable records of these and all other significant events related to SOUTHLAKE and COLLEYVILLE prisoners. 7. maintaining a service level that complies with all applicable standards for the jail function as required presently and in the future by the Commission on Accreditation for Law Enforcement Agencies, Inc., by maintaining accreditation status throughout the period of this agreement. b. On October 1, 2010, KELLER SOUTHLAKE and COLLEYVILLE will merge Public Safety Dispatching Services for police, fire and emergency medical service ("EMS") services for KELLER, SOUTHLAKE AND COLLEYVILLE, at the KELLER Police Department, and KELLER shall provide all such Dispatching Services for SOUTHLAKE and COLLEYVILLE. The Dispatching personnel will be KELLER employees and will be under the supervision and control of the KELLER Chief of Police or his authorized designee. For identification purposes the KELLER Police Department Dispatch Center will be identified as the Keller/Southlake/Colleyville Emergency Communications Center. KELLER shall at all times maintain sufficient staff to perform the Dispatching Services it provides under this agreement. Dispatching Services shall mean all public communication functions necessary for the provision by SOUTHLAKE and COLLEYVILLE of police, fire, and emergency medical services to SOUTHLAKE's and COLLEYVILLE'S citizens, and shall include at a minimum the following: 1. answering all SOUTHLAKE and COLLEYVILLE emergency 9- 1-1 calls within ten seconds or less; 2. dispatches emergency calls for Fire/EMS service in one minute or less 90% of the time; 3. dispatching emergency calls for Police Service in one and a half minutes or less 90% of the time; 4. providing a dedicated person assigned as a Fire Dispatcher; 5. answering any citizen requests for service placed to the designated non-emergency number; 6. dispatching police patrol units, fire apparatus, or EMS as appropriate in response to 9-1-1 or other calls, or at SOUTHLAKE's and COLLEYVILLE's direction; 7. maintaining radio or other remote communications with SOUTHLAKE's and COLLEYVILLE's police, fire, or EMS units as necessary to facilitate provision of services; 8. maintaining documentary records according to industry standard of all dispatching activity. 9. maintaining a service level that complies with all applicable standards for the communications function as required presently and in the future by the Commission on Accreditation for Law Enforcement Agencies, Inc., by maintaining accreditation status throughout the period of this agreement. c. KELLER shall make a conditional offer of employment to not less than four (4) public safety dispatchers currently employed by the Colleyville Police Department on or before September 1, 2010, for employment with KELLER to become effective on the merger date of October 1, 2010, contingent upon the COLLEYVILLE dispatch employees passing a KELLER pre-employment drug screen. One position will be for the new Detention Officer position, and one newly created dispatcher position due to the merger. The other two dispatcher positions are current vacancies. KELLER shall place the COLLEYVILLE dispatchers on the KELLER dispatch pay scale at the amount closest to their current hourly base rate at COLLEYVILLE. The dispatcher who elected to be a jailer will be placed on the appropriate step of the Detention Officer pay scale closest to his current pay at COLLEYVILLE. Upon employment by KELLER, COLLEYVILLE Public Safety dispatchers will receive the same employment benefits provided to KELLER employees at a comparable pay scale. An annual $4,000 regional dispatcher stipend will be paid on a bi-weekly interval in addition to the KELLER dispatcher pay scale to all of the employees assigned to the communications center. This will insure an initial pay increase for all Colleyville dispatchers who accept a position in KELLER. The COLLEYVILLE dispatcher electing the position as the Detention Officer will receive an annual $2,500 regional stipend paid bi-weekly in addition to the pay step on the KELLER Detention Officer pay scale. All of the Detention Officers will receive the regional stipend as long as this Agreement is in force. d. KELLER shall provide SOUTHLAKE and COLLEYVILLE monthly service reports detailing prisoner counts and dispatching performance measures including the number of calls for service, response times, number of 911 emergency calls dispatched, and any other statistical reports requested by SOUTHLAKE and COLLEYVILLE capable of being provided by the CRIMES records management program. e. All Human Resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide Jail Services and Dispatching to SOUTHLAKE and COLLEYVILLE, including providing all employee polices and procedures and the administration thereof shall be provided by KELLER. f. KELLER shall provide access to SOUTHLAKE'S and COLLEYVILLE'S warrant information retained at the communications center to the SOUTHLAKE Department of Public Safety, SOUTHLAKE Municipal Court, COLLEYVILLE Police Department, COLLEYVILLE Municipal Court, and all other law enforcement agencies. g. KELLER will form a standing committee consisting of three (3) SOUTHLAKE Department of Public Safety employees selected by the Director of the SOUTHLAKE Department of Public Safety, three (3) KELLER employees selected by the KELLER Chief of Police, and three (3) COLLEYVILLE employees to address operational and policy decisions that will arise from operating the public safety dispatch center and Jail. Supervisors from SOUTHLAKE and COLLEYVILLE will be invited to attend all staff meetings called by the Dispatch Manager or Jail Supervisors. h. KELLER agrees to perform all services under this agreement in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Section 4. SOiJTHLAKE Obligations. SOUTHLAKE agrees to perform the following: a. Pay the sum of One Hundred and Twenty-Four Thousand, One Hundred and Twenty- Four Dollars ($124,121.00) to KELLER for Jail Services for the Fiscal Year 2010/11 beginning on October 1, 2010 and ending on September 30, 2011. The amount of charges to be established based on the adopted Fiscal Year 2010/11 KELLER Police Department Operating budget to operate the KELLER jail. This payment represents a 28% cost share of all Jail Services by SOUTHLAKE based on the previous calendar year prisoner count of SOUTHLAKE arrests (See payment schedule, Section 6.) b. Pay the sum of Seven Hundred and Twenty-Two Thousand, Forty-Eight Dollars ($722,048.00) to KELLER for their share of expenses to operate the public safety dispatching center; representing a 42% cost share calculated by using KELLER'S Fiscal Year 2010/11 Budgeted Expenses. (See payment schedule, Section 6.) c. Pay the sum of Fifty Thousand, Dollars ($50,000.00) for General and Administrative Charges based on KELLER'S operating budget for Fiscal Year 2010/11. (Payment percentages described in Exhibit "A" shall remain the same for the duration of this agreement.) d. SOUTHLAKE will continue as a member of the Northeast Tarrant County Radio Consortium and pay the required member fees, including the radio maintenance fees for radio control stations within SOUTHLAKE and all mobile and hand-held radios assigned to the employees of SOUTHLAKE. The fees for the maintenance agreement for the radio equipment within the public safety dispatch center will be the responsibility of KELLER and will be part of the annual budget operating costs subject to cost sharing agreement for dispatching services as stated in Exhibit "A". e. Agree to utilize the CRIMES Records Management System to be compatible with the CRIMES Computer Aided Dispatch System that will be used by the public safety dispatching center. SOUTHLAKE will be responsible for the purchase and maintenance of all computer workstations at SOUTHLAKE facilities and their own police and fire vehicles or other Public Safety Emergency equipment. SOUTHLAKE will maintain their own Public Safety records unit at a Southlake facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. SOUTHLAKE will also be responsible for SOUTHLAKE'S record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident. f. Arrange for the timely delivery of all the required paperwork to properly hold and arraign SOUTHLAKE prisoners. SOUTHLAKE Department of Public Safety will be responsible for the transportation of all SOUTHLAKE prisoners to KELLER'S jail facility. Should the need arise for an in-custody transportation for emergency medical treatment of a SOUTHLAKE prisoner housed at the KELLER jail, a KELLER police officer shall provide security for up to two hours until a SOUTHLAKE police officer can respond to the medical facility to assume custody. Section 5. COLLEYVILLE Obligations. COLLEYVILLE agrees to perform the following: a. Pay the sum of Ninety-Nine Thousand, Two Hundred and Ninety-Seven Dollars ($99,297) to KELLER for Jail Services for the Fiscal Year 2010/11 beginning on October 1, 2010 and ending on September 30, 2011. The amount of charges to be established based on the adopted Fiscal Year 2010/11 KELLER Police Department Operating budget to operate the KELLER jail. This payment represents a 24% cost share of al] Jail Services by COLLEYVILLE based on the previous calendar year prisoner count supplied by COLLEYVILLE. (See payment schedule, Section 6.) b. Pay the sum of Two Hundred and Seventy-Five Thousand, Sixty-Six Dollars ($275,066) to KELLER for their share of expenses to operate the public safety dispatching center; representing a 16% cost share calculated by using KELLER'S Fiscal Year 2010/11 Budgeted Expenses. (See payment schedule, Section 6.) Pay the sum of Thirty-Eight Thousand Dollars ($38,000.00) for General and Administrative Charges based on KELLER'S operating budget for Fiscal Year 2010/11. (Payment percentages described in Exhibit "A" shall remain the same for the duration of this agreement.) d. Pay aone-time equipment and configuration cost of approximately Thirty Thousand Dollars ($30,000.00) to KELLER to prepare the public safety dispatch center to accommodate the merger of services. KELLER will provide the necessary documentation to COLLEYVILLE for reimbursement. Exhibit "B" is an estimate for the costs known at this time. KELLER will retain the title to all the equipment in the public safety dispatch center and is responsible to properly maintain and insure the equipment. e. COLLEYVILLE will continue as a member of the Northeast Tarrant County Radio Consortium and pay the required member fees, including the radio maintenance fees for radio control stations within COLLEYVILLE and all mobile and hand-held radios assigned to the employees of COLLEYVILLE. The fees for the maintenance agreement for the radio equipment within the public safety dispatch center will be the responsibility of KELLER and will be part of the annual budget operating costs, subject to the cost sharing agreement for dispatching services as stated in Exhibit "A". f. Agree to utilize the CRIMES Records Management System to be compatible with the CRIMES Computer Aided Dispatch System that will be used by the public safety dispatching center. COLLEYVILLE will be responsible for the purchase and maintenance of all computer workstations at COLLEYVILLE facilities and their own police and fire vehicles or other Public Safety Emergency equipment. COLLEYVILLE will maintain their own Public Safety records unit at a COLLEYVILLE facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. COLLEYVILLE will also be responsible for COLLEYVILLE'S record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident. g. Arrange for the timely delivery of all the required paperwork to properly hold and arraign COLLEYVILLE prisoners. COLLEYVILLE Police Department will be responsible for the transportation of all COLLEYVILLE prisoners to KELLER'S jail facility. Should the need arise for an in-custody transportation for emergency medical treatment of a COLLEYVILLE prisoner housed at the KELLER jail, a KELLER police officer shall provide security for up to two hours until a COLLEYVILLE police officer can respond to the medical facility to assume custody. Section 6. Payments for Services Performed. All payments for Jail Services and Dispatching Services except for the one time configuration and equipment payment period outlined in Section S.d., hereto shall be paid by SOUTHLAKE and COLLEYVILLE to KELLER in four (4) equal installments due on the 15` day of each calendar quarter beginning October 1, 2010 in advance of the services performed by KELLER for SOUTHLAKE and COLLEYVILLE for each subsequent calendar quarter of KELLER'S fiscal year and continuing thereafter throughout the term of the Agreement. Each annual payment amount for Jail Services shall be in accordance with KELLER'S Fiscal Year Police Department Operating budgeted amount for the jail adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share amount to be determined by the prisoner count from the previous calendar year. Each annual payment for the operation of the public safety dispatching center shall be in accordance with KELLER'S Fiscal Year Police Department Operating budgeted amount for the communications center adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share factor. For the first three years of this agreement the cost share factor will be fixed at 42% for SOUTHLAKE and 16% for COLLEYVILLE. The workload factors in the communications center include the number of 9-1-1 calls answered for each respective city, the number of police, fire, and EMS calls dispatched and initiated for each respective city for the three years will be averaged and the cost share formula may then be adjusted up or down for SOUTHLAKE and COLLEYVILLE for the fourth year of the agreement. Subsequent adjustments during this agreement will be done once every three years using an average from the preceding three years of data. Each annual payments for the General and Administrative Charge shall be based on the fixed percentages described in Exhibit "A", adjusted annually, based on KELLER'S respective departmental budget anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. KELLER shall notify SOUTHLAKE and COLLEYVILLE of the anticipated costs of the Jail Services and Dispatching Services and general and administrative charges by May 30 of each fiscal year for budgeting and planning purposes. The final costs will be determined and communicated in writing when the KELLER City Council adopts the KELLER annual budget, but shall not exceed the estimate by more than 5%. The annual cost increase for SOUTHLAKE and COLLEYVILLE for the Jail Services and Dispatching and general and administrative costs shall not exceed the percentage increase of the KELLER Police Department's annual operating budget. In the event the SOUTHLAKE and COLLEYVILLE City Councils fail or refuse to approve the annual payment amount set forth in this section by September 25, prior to any fiscal year during the term of this Agreement, the Agreement shall be deemed to be cancelled, effective at the end of the then current fiscal year of KELLER. Section 7. Cancellation. a. SOUTHLAKE and or COLLEYVILLE shall have the right to terminate, based on the provisions of this Agreement, if KELLER breaches any of its terms or fails to perform any of the obligations it imposes, and then fails to cure the breach or failure within thirty (30) days following written notice from SOUTHLAKE and or COLLEYVILLE. If the Agreement is terminated under this paragraph, KELLER shall be entitled to retain money already received prorated to the period from the last payment until the date of termination, and shall refund the remainder to SOUTHLAKE and or COLLEYVILLE. After the initial twenty-four (24) months of this agreement, all parties shall have the right to terminate this Agreement by giving written notice to KELLER at least twenty-four (24) months prior to the subsequent Fiscal Year, October 1. All payments by SOUTHLAKE and or COLLEYVILLE to KELLER shall continue until the cancellation date or as mutually agreed to by both parties. Should either SOUTHLAKE or COLLEYVILLE choose to cancel this agreement the remaining city can choose to continue the agreement with KELLER with new cost sharing formulas developed at that time and mutually agreed upon. Section 8. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail -return receipt requested: KELLER Dan O'Leary, City Manager City of Keller P.O. Box 770 Keller, TX 76244 SOUTHLAKE Shana Yelverton, City Manager City of Southlake 1400 Main Street Southlake, TX 76092 COLLEYVILLE Jennifer Fadden, City Manager City of Colleyville 100 Main Street Colleyville, TX. 76034 Section 9. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public services, it is mutually agreed that all questions arising under this Agreement shall first be handled and attempted to be resolved between the City Managers of KELLER, SOUTHLAKE and COLLEYVILLE. All issues regarding the performance of Dispatching, or Jail Services shall be brought directly to the attention of the KELLER Chief of Police or his authorized designee. Immediate performance complaints or concerns should be addressed by communicating the problem to the on-duty dispatch supervisor. Any issues not resolved hereunder may be referred to the respective governing bodies for resolution and if necessary, the parties hereby agree to the appointment of acourt-certified (certified in Tarrant County) Mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues. Section 10. Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. No litigation shall be commenced prior to both parties completion of mediation in accordance with Section 9. Section 11. All parties mutually agree that KELLER is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of KELLER in no way are to be considered employees of SOUTHLAKE or COLLEYVILLE. The employment rights of KELLER personnel assigned under this agreement will not be abridged. Section 12. To the extent allowed by law, KELLER hereby agrees to indemnify and otherwise hold harmless SOUTHLAKE and COLLEYVILLE, its officers, agents and employees in both public and private capacity against all liability claims, suits, demands, losses, damages, attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property arising out of or in any way connected to KELLER'S performance of jail services under this agreement including any intentional or negligent acts or omissions of KELLER'S officials, officers, agents or employees relating to or arising out of the performance of the jail services. KELLER, SOUTHLAKE AND COLLEYVILLE each agree to accept full responsibility for the actions of their own officers, agents and employees in the operation of the communications center, or in the performance or use of dispatching services under this agreement, and each party hereby agrees to indemnify and otherwise hold harmless the other party, its officers, agents and employees in both public and private capacity against all liability claims, suits, demands, losses, damages, attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property arising out of or in any way connected to the intentional or negligent acts or omissions of that party, its officers, agents or employees, in the operation of the communications center, or in the performance or use of dispatching services under this agreement. It is expressly understood and agreed that, in the execution of this Agreement, KELLER SOUTHLAKE and COLLEYVILLE do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, KELLER, SOUTHLAKE and COLLEYVILLE do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 13. In the event that the jail and or communications center located at the KELLER Police Facility is damaged due to a natural or a man made disaster and is unusable, KELLER will have a contingency plan to continue to provide the services under this Agreement at another facility within Northeast Tarrant County. Section 14. Annually, at the time the cost for Jail Services and Dispatching Services are re- calculated, this Agreement will be reviewed by both parties for needed clarification and or revisions. This Agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE. Section 15. This Agreement has been approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE respectively. The execution of this Agreement has been authorized by an act of the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the day of , 2010, in duplicate originals. CITY OF KELLER, TEXAS CITY OF SOUTHLAKE, TEXAS By: P.G. McGrail Mayor By: John Terrell Mayor By: Dan O'Leary City Manager By: Shana Yelverton City Manager 10 ATTEST: By: Sheila Stephens City Secretary CITY OF COLLEYVILLE, TEXAS By: David Kelly Mayor By: Jennifer Fadden City Manager ATTEST: By: Cynthia Singleton City Secretary APPROVED AS TO FORM: By: L. Stanton Lowry City Attorney for Keller By: Matthew Boyle City Attorney for Colleyville ATTEST: By: Lori Farwell City Secretary By:Allen Taylor City Attorney for Southlake 11 ~q ,.~ ,~ ~~ City Hall r„~ City of Colleyville 100 Main Street Colleyville, Texas 76034 -,.,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3246 File Number: R-10-3246 Version: 1 File Type: Resolution Agenda Date: 07/06/2010 Requester: Parks and Recreation Agenda No.: 7b Department Final Action: File Name: Approval of the revised Little Bear Creek Trail Extension State Transportation Enhancement Program grant application submittal and committing an additional $22,062 in funding Attachments: Resolution R-09-3171.pdf Resolution R-10-3246.pdf History of Legislative File Status: Resolution Version: Date: Acting Body: Action Text: Controlling Body: City Council 07/06/2010 City Council Title Approval of the revised Little Bear Creek Trail Extension State Transportation Enhancement Program grant application submittal and committing an additional $22,062 in funding Explanation Reading and Public Hearing City Council was advised at the June 15, 2010 Pre Council meeting that during the Texas Department of Transportation's (TxDOT's) review of the City's 2009 State Transportation Enhancement Program (STEP) grant application for Little Bear Creek Trail, TxDOT expressed eligibility concerns with the proposed 8' pedestrian bridge. TxDOT notified City staff that the 8' pedestrian bridge 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. TxDOT requested a 14' pedestrian bridge crossing be included in the cost estimate and has afforded the City an extension to the current application review in order to submit a revised cost estimate. The City's application consultant, Teague Nall and Perkins (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). 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. 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 City of Colleyville Page 1 Printed on 7/1/2010 Agenda Brietinp Continued (R-10-3246) 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. 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. Per the City Council's direction, staff has prepared the proposed resolution to include commitment of the additional $22,062. Resolution R-09-3171 was approved by City Council on December 1, 2009 for the submittal of the grant applications and local matching funds in anticipation of funding assistance for the design and construction of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III. A history of the City's grant applications for Little Bear Creek and Cotton Belt Trail Phase III is as follows: In Fall 2009, TxDOT through the North Central Texas Council of Governments (NCTCOG) issued a call for projects for funding through the 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 (1.3 miles), 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. Cotton Belt Trail Phase III (.6 mile) is the final phase of the Cotton Belt 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 Colleyville to the existing trail in 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 Cotton Belt Trail Phase II. 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 Cotton Belt Trail Phase III. At the November 17, 2009 Pre Council meeting, City 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 Cotton Belt 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 City of Colleyville Page 2 Printed on 7/1/2010 Agenda Briefing Continued (R-10-3246) 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 Cotton Belt 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 Cotton Belt 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 Cotton Belt 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. Financial Impact 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. Recommendation Approval City of Colleyville Page 3 Printed on 7/1/2010 1' 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 !N 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 Trai! 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 DAY OF ~ no 2009. ATTES nthia ingleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor RESOLUTION R-10-3246 A RESOLUTION APPROVING THE SUBMITTAL OF A REVISED STATE TRANSPORTATION ENHANCEMENT PROGRAM GRANT APPLICATION FOR THE LITTLE BEAR CREEK TRAIL EXTENSION, AND APPROVING ADDITIONAL LOCAL MATCHING FUNDS, IN THE AMOUNT OF $22,062, 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 State 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 Cotton Belt Trail Phase III will connect Cotton Belt 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 Cotton Belt 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 on December 1, 2009, the City of Colleyville adopted Resolution R- 09-3171 approving an additional $483,501 to serve as the local match for the submittal of the State Transportation Enhancement Program funding application. Sec. 2. THAT the City of Colleyville adopts Resolution R-10-3246 approving an additional $22,062 to serve as the local match for the submittal of the revised Little Bear Creek Trail Extension State Transportation Enhancement Program funding application. Sec. 3. 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 AYES, NAYS, AND ABSTENTIONS ON THIS THE DAY OF 2010. Resolution R-10-3246 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelty City Secretary Mayor ~~"~°' City Hall ~~`q~ ~r,~, City of Colleyville 100 Main Street ~„5 '' Colleyville, Texas 76034 ~~,~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3247 File Number: R-10-3247 File Type: Resolution Status: Resolution Version: 1 Requester: Office of the City Secretary Agenda Date: 07/06/2010 Agenda No.: 7c Controlling Body: City Council Final Action: File Name: Consideration of appointment to the Audit Committee Attachments: Audit Committee roster.pdf Resolution R-10-3247.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Consideration of appointment to the Audit Committee Explanation Reading and Public Hearing On June 17, 2003, City Council established an Audit Committee whose purpose is to review a draft of the audit report and meet with the auditors before the audit is presented to the full City Council. The Committee is comprised of three Councilmembers whose terms shall be concurrent with a member's term on the City Council. This resolution provides for City Council to fill the position held by Mayor David Kelly whose term expired May 2010. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/2/2010 Audit Committee Stan Hall 6100 Hillbrook Drive Colleyville, TX 76034 H: (817) 488-2996 shat l(c~colleyvil le. com TERM:JuI 2009 -May 2011 Tom Hart 1717 Avondale Colleyville, TX 76034 H: (817) 540-1171 thartCa~colleyville.com TERM:JuI 2009 -May 2012 RESOLUTION R-10-3247 A RESOLUTION APPOINTING A MEMBER TO THE AUDIT COMMITTEE WHEREAS, the City Council established an Audit Committee, which is ultimately responsible for the stewardship of the City's funds and an annual audit is required by the Charter; and WHEREAS, the Audit Committee, composed of three Councilmembers, reviews a draft of the audit and meets with the auditors before the audit is presented to the full City Council; and WHEREAS, the term held by Mayor David Kelly expired May 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Councilmember shall be appointed to serve on the Audit Committee for a term concurrent with their term on the City Council. AND IT IS SO ORDERED. PASSED 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 ~~~~~~~~"~~~ `~~~~ I `~ ~ i,~ tC SPEAKER CARD Dater I wills ak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ii Name• ,~, ~~ ~ (~~ 1 • ~ n Address: ~~ ~ l~L' Ordinance/Resolution Number: City: ( ~ State• Zip Code: Telephone Number: Z~s' Representing: (organization/self) 1 understand / am limited to speaking for five minutes. ~- For business not I~tec~, on the agenda as a P~bll~ Hearing, City Council will not respond in accordance with the Tie Open Meetings Lev, h ter 551 of the Texas Local Government Code. Signed: This info`cmation is a Public Record. '~;! ~r ~_ ~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 www.cotleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 07/06/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -July 6, 2010 Attachments: Library Board Minutes -March 22, 2010 Planning and Zoning Commission Minutes -May 24, 2010 Planning and Zoning Commission Minutes -June 14, 2010 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/06/2010 City Council Title Library Board Minutes -March 22, 2010 Planning and Zoning Commission Minutes -May 24, 2010 Planning and Zoning Commission Minutes -June 14, 2010 City of Colleyville Page 7 Printed on 6/29/2010 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES March 22, 2010 CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:00 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Thad Bolline, Jerome Davis, Mary Alice Rippe and Nancy Bowen Members Absent: Billie Tuttle Alternates Present: Linda Bond Alternates Absent: Amy Dowell Ex-Officio Members Present: Kay Newton, Cecilia Monacelli and Steve Banta Ex-Officio Members Absent: Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, and Mary Smith Staff present: Terry Leake and Mary Rodne Also present: Jean Neisius, Vince Rosen and Robert Glaser II. APPROVAL OF FEBRUARY 8, 2010 MINUTES - A motion was made by Pat Jones and seconded by Karen Birkes to approve the February 8, 2010 Minutes as presented. Motion approved unanimously. III. LIBRARIAN'S REPORT A. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics for February. Patrons had checked out a total of 17,637 items, 92 Colleyville residents registered for library cards, library patron visits totaled 7,462, attendance for programs totaled 1,162 and volunteer hours totaled 145.25 hours. Rodne noted that the total circulation of library materials this year was 12% higher than the total circulation of library materials last year at this time. B. Donations Director Rodne reported that the Library had received a total of $15,250 in donations in February. The donations included: $15,000 from the Colleyville Public Library Foundation for the purchase of a 3M Staff Workstation by the Library's drive-up window, and $250 from Girl Scout Troop 1416 for the Library's proposed new teen area. C. Library Programs Director Rodne reported that the Youth Services Winter/Spring 2010 Programs were going well and that all but one of the story time sessions were filled and had waiting lists. Rodne also presented an update on planning activities for the Library's 2010 Summer Reading Program, Bank on Books!, and announced that the Library would be launching the Summer Reading Program with a breakfast served by the Colleyville Lions Club on Saturday, June 12, 2010. iv. REVIEW AND DISCUSSION OF LIBRARY SECOND AND FIRST FLOOR FINISH OUT SCHEMATIC DESIGN Library Director Rodne presented an update on the Colleyville Public Library Second and First Floor Finish Out Project, and introduced Bill Hidell of Hidell Associates Architects. Hidell presented the preliminary schematic design plan for the Colleyville Public Library Second Floor Expansion Project for review. Hidell concluded with a timeline for the completion of the project and estimated project costs. A lengthy discussion ensued. A motion was made by Karen Birkes and seconded by Pat Jones that the Library Board approve and recommend that the preliminary conceptual schematic design and estimate of probable construction cost be forwarded to the City Council for consideration at the April 6, 2010 Pre Council meeting. Motion approved. V. COLLEYVILLE PUBLIC LIBRARY VISION FAIR Director Rodne provided an update on the Vision Fair that the Colleyville Public Library and the Colleyville Lions Club had co-sponsored on Saturday, March 6, 2010. Rodne noted that the Fair had been well received and that thirteen vision affiliated vendors had participated. Rodne added that around 150 people had attended the Fair. Chair Jerome Davis reported that the Lions Club had provided general vision screenings to 40 adults and 21 children. VI. NORTH TEXAS CONFERENCE FOR LIBRARY SUPPORTERS UPDATE Director Rodne announced that the second Annual North Texas Conference for Library Supporters scheduled on Saturday, February 13, 2010, at the Lockheed Martin Recreation Area (LMRA) in southwest Fort Worth had been cancelled due to inclement weather, and noted that the Conference had been rescheduled on July 23 -July 24, 2010, at the Decatur Civic Center. VII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Kay Newton provided an update on the ongoing used book sale activities of the Friends of the Library, and reported that the Friends were busy planning for their annual used book sale, scheduled to be held on May 1, 2010, on the second floor of the Library. Newton also announced that the Friends of the Library were exploring online used book sale options. Additionally, Newton invited everyone to attend the 2010 Fourth Thursday Author Series sponsored by the Friends of the Library, and announced that Mark Fadden would be the last local author to be featured on April 22, 2010, at 6:30 p.m. in the Library. VIII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Cecilia Monacelli reported that the Library Foundation was working on their 2010 annual fundraisers, which would provide support to the Library's Second Floor Expansion Project. Monacelli added that the Foundation was continuing their annual appeal for donations, and noted that their primary fundraiser, the Race to Read, was scheduled to be held on November 6, 2010. Monacelli also announced that the Foundation was planning an additional fundraiser in conjunction with the Library's 2010 Summer Reading Program, Bank on Books! IX. NEXT MEETING DATE Chair Jerome Davis noted that the Library Board would not be holding a meeting on April 12, 2010. X. SUGGESTED ITEMS FOR FUTURE MEETINGS XI. CITIZEN COMMENTS None XII. ADJOURN: A motion was made by Nancy Bowen and seconded by Pat Jones to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 9:42 p.m. ~~~ r City of Colleyville `~~~~ ' Minutes -Final ~,.;,: Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 24, 2010 6:15 PM City Council Chambers The pre-session began at 6:24 p.m. and ended at 6:28 p.m. LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES Discussion occurred between Ron Ruthven and the Planning and Zoning Commissioners regarding the items on the agenda. DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS 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 City Attorney Michael Kallas explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. He further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:28 p.m. into executive session and reconvened into open session at 7:00 p.m. 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 24, 2010 by 7:00 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley City of Colleyville Page 1 Printed on 6/15/2010 Planning and Zoning Commission Minutes -Final May 24, 2010 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the May 10, 2010 meeting minutes with the addition of adding language to the minutes referring to the fact that the Commissioners moved item 8a to be discussed last. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. TABLED PUBLIC HEARING AGENDA ITEMS 7a 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 Commissioner Phelps recused himself from this agenda item and signed an affidavit. Commissioner Knox moved to remove case ZC10-008 from the tabled items. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Excused: 1 -Phelps Ron Ruthven presented the case and briefed the Commissioners. Mariana Ruiz, the applicant, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mrs. Ruiz regarding what type of license is required to operate this private school. Mrs. Ruiz replied they will be licensed by the State of Texas just as a daycare would be licensed. Cify of Colleyville Page 2 Printed on tii'-oauw Planning and Zoning Commission 141inutes -Final May 24, 2010 Commissioner Dudziak questioned Mrs. Ruiz regarding if the hours of operation of Monday through Friday, from 9:00 a.m. to 2:00 p.m. with the possibility of an extended program until 6:00 p.m. is sufficient for this school; he further questioned Mrs. Ruiz if she would like to add Saturdays. Mrs. Ruiz stated the hours as stated are sufficient since they do not anticipate needing school on Saturdays. Commissioner Redfearn questioned staff regarding if the school were to have a carnival on the weekend, would it be permitted since the hours of operation are Monday through Friday, 9:00 a.m. to 2:00 p.m. Ron Ruthven stated technically no, they would not be in compliance because it would take place beyond the hours of operation for the school. He further stated they would have to request a temporary use permit for the event. Commissioner Redfearn moved to approve case ZC10-008. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Abstain: 1 -Phelps 7b Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Survey located at 7612 Pleasant Run Road, Case ZC10-003 This item remained on the table with no discussion. 8. ADJOURNMENT The meeting adjourned at 7:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 21, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 14, 2010. City of Colleyville Page 3 Printed on 6/15/2010 City Hall City of Colleyville 100 Main Street s ~~`~~, _ Colleyville, Texas 76034 Minutes -Final 817.503.1000 ,r.~.,,. www.colleyville.com Planning and Zoning Commission Monday, June 14, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS 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 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on June 14, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Phelps and Jeff Byerly Absent: Commissioners Scott Redfearn and Ron Rotthaus Staff Present: Ron Ruthven, Jeremy Hutt, Marty Wieder and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 24, 2010 meeting minutes with the clarification made to the executive session note. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 6/29/2010 Planning and Zoning Commission Minutes -Final June 14, 2010 The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Phelps, Byerly Absent: 2 -Redfearn, Rotthaus 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 Ron Ruthven presented the case and briefed the Commissioners for both agenda items, at the same time for cases ZC10-009 and ZC10-010. Commissioner Byerly opened the public hearing at 7:10 p.m. Karen Thiessen, the applicant and representative for Walgreens Company, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps questioned staff regarding the distance requirements for schools and churches with regards to alcohol sales. Ron Ruthven stated the distance requirement is 300 feet from property line to property line for a school and is measured front door to front door for a church. Commissioner Dudziak moved to approve case ZC10-009. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Phelps, Byerly Absent: 2 -Redfearn, Rotthaus 7b Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC10-010 Ron Ruthven presented the case and briefed the Commissioners for both agenda items, at the same time for cases ZC10-009 and ZC10-010. Commissioner Byerly opened the public hearing at 7:10 p.m. Karen Thiessen, the applicant and representative for Walgreens City of Colleyville Page 2 Printed on 6/29/2010 Planning and Zoning Commission Minutes -Final June 14, 2010 Company, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps stated normally he would have reservations about having alcohol sales in such close proximity to a church or private school grounds however with regards to the location of the Walgreens, there is a convenience store across the street that already sells alcohol and has later hours of operation than Walgreens currently has. Commissioner Byerly moved to approve case ZC10-010. Commissioner Knox seconded. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Phelps, Byerly Absent: 2 - Redfearn, Rotthaus 8. TABLED PUBLIC HEARING AGENDA ITEMS ga Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Survey located at 7612 Pleasant Run Road, Case ZC10-003 This item remained on the table with no discussion. 9. ADJOURNMENT The meeting adjourned at 7:13 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 11, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 28, 2010. City of Colleyville Page 3 Printed on 6/29/zo~o RESOLUTION R-10-3248 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 6, 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, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor