Loading...
HomeMy WebLinkAboutCity Council-Agenda Packets-10/02/2019 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Wednesday, October 2, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the City Council appointed Boards, Commissions, and Committees WS-2 Discussion of Land Development Code enforcement regarding accessory dwelling units WS-3 Update on residential permit fees WS-4 Discussion of the October 2, 2019, City Council 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 items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along Main Street Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City of Colleyville Page 2 City Council Agenda October 2, 2019 INVOCATION PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4422 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation to the Colleyville Police Department in recognition of achieving Texas Police Chiefs Association Recognized Law Enforcement Agency Program recertification - Chief Barton, Coppell Police Department and Colleyville Police Chief Michael Miller and Mayor Richard Newton 4.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4423 4a Approval of the minutes of the regular City Council meeting of September 17, 2019 4b Approval to purchase 42 body cameras and related chargers, clips, and warranties, in an amount not to exceed $96,748, and authorizing the City Manager to execute the agreement 4c Approval of a Professional Services Agreement with Baird, Hampton & Brown, in an amount not to exceed $78,535, for the design of the John McCain Road Hike & Bike Trail Project, and authorizing the City Manager to execute the agreement 4d Approval of a construction services agreement with Mobil Construction Corporation for the FY 2020 Miscellaneous Concrete Repair Contract, in an amount not to exceed $475,000, and authorizing the City Manager to execute the agreement 4e Approval of a Local Transportation Project Advance Funding Agreement for the reconstruction of Cheek-Sparger Road (San Bar Lane to Oak Briar Lane), and authorizing the City Manager to execute the agreement 5.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2099 Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premise Consumption on Lot 1, Block 1, of the Towne Square Addition, located at 5604 Colleyville Boulevard, Suite A & B, Case ZC19- 011 City of Colleyville Page 3 City Council Agenda October 2, 2019 6.RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-19-4424 Appointing a member to the Planning and Zoning Commission 6b Resolution R-19-4425 Approving a settlement agreement in connection with a notice of claim filed by claimant Lacey Arencibia, arising from an incident involving a motor vehicle, dated August 19, 2019 6c Resolution R-19-4426 A resolution nominating candidates to the Tarrant Appraisal District (TAD) Board of Directors 6d Resolution R-19-4427 Approval of the application for, and acceptance of, grant funding from the Office of the Governor, Emergency Management Division, Homeland Security Grant Program, and designating the City Manager or his designee as the authorized official 7.CITIZEN COMMENTS 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 2, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4428 9.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 27, 2019, by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 10/2/2019 Type Worksession Department City Secretary Title Discussion of the City Council appointed Boards, Commissions, and Committees Explanation In anticipation of a change in the terms and process of appointing members to the City Boards, Commissions, and Committees (BCCs), the expiring BCC terms were not advertised nor were members notified and asked to reapply if they wished to be considered. There are currently nine BCCs whose terms expired in September, (seven which would require appointment as the Planning and Zoning Commission is also the Capital Improvement Advisory Committee and the Zoning Board of Adjustment is also the Sign Board of Appeals). In June, via the City website, vacancies on the Colleyville Center Advisory Committee, Historical Preservation Committee, Planning and Zoning Commission, and Zoning Board of Adjustment were advertised and applications accepted. One application has been received for the Historical Preservation Committee, nine for the Planning and Zoning Commission, one of which is from an expiring Commissioner who desires to be reappointed, and two for the Zoning Board of Adjustment. On this agenda is a resolution to appoint a member to the Planning and Zoning Commission. There are currently 15 City Boards, Commissions, and Committees (BCCs) which are appointed in September and December, and two appointed in April, for a total of 17 BCCs. There are two advertising and appointment cycles: advertised July to August for September appointments, and advertised October to November for December appointments. The average resident membership per BCC is 7-10. With the exception of Metroport Teen Court, appointments are for two years. SEPTEMBER Capital Improvement Advisory Committee Colleyville Economic Development Corporation Colleyville Library Board Historical Preservation Committee Metroport Teen Court Advisory Board Park Land Dedication Committee Planning and Zoning Commission Sign Board of Appeals Zoning Board of Adjustment City Council Agenda Briefing City of Colleyville Page 2 DECEMBER Architectural Review Commission Colleyville Center Advisory Committee Colleyville Community Garden Advisory Committee Colleyville Tree Board Parks and Recreation Advisory Board Tax Increment Finance District Board APRIL Audit Committee Municipal Judge Review and Selection Committee Of the 17, there are two which are composed of the same members: 1) The Planning and Zoning Commission is also the Capital Improvement Advisory Committee (meets only when reviewing the development of water, wastewater, and roadway impact fees, as required by Chapter 395 of the Texas Local Government Code every five to eight years); 2) Zoning Board of Adjustment and Sign Board of Appeals Of the remaining 13, there are two committees composed of members of the Parks and Recreation Advisory Board and Planning and Zoning Commission, which are submitted to City Council to approve: Colleyville Tree Board and Park Land Dedication Committee. Finally, there are four which are primarily comprised of City Council with terms which are to expire concurrent with the City Council term: 1) Audit Committee – three Councilmembers; one resident; 2) Colleyville Economic Development Corporation - four Councilmembers; three residents; 3) Municipal Judge Review and Selection Committee – Mayor and two Councilmembers, no residents; 4) Tax Increment Finance District – five Councilmembers, four participating organization’s representatives. For years there has been less interest in the process of applying for a BCC. Staff believes this is in some part due to the advertising and appointment periods and opportunity to apply only to those specific BCCs allowed during the advertising period. July to August interferes with vacations and school, and October to November is typically busy with football season, and holiday planning and preparation. There have been times there are not enough applicants to fill available positions and/or vacancies. Staff proposes moving to a single advertising and appointment period for BCCs comprised of residents only. The four BCCs which are served primarily by City Council members, (Audit, CEDC, Municipal Judge Review and Selection Committee, and City Council Agenda Briefing City of Colleyville Page 3 TIF) could be advertised in April and May and appointments made in June to allow consistency of service based on their term serving as a City Councilmember. Staff believes the necessity of some of the BCCs has passed. When Colleyville first began to provide services and amenities, such as a parks system, library, and community center, the public was instrumental in communication, buy-in, and providing true working assistance to staff. Today, the focus has shifted. With today’s technology, website, email communications, and texts, citizens feel connected and aware of what is occurring in the City. There are fewer formal meetings conducted based on a lack of need to conduct those meetings. The citizen surveys, public input meetings, communication with City Council and staff, and a reduction in volunteers for Boards, Commissions, and Committee, indicates citizens feel good about the community and have opportunity to provide input, which will be considered or addressed, dependent on need. Many of the BCCs meet at the direction of City staff and the largest majority of the process, interest, and accomplishment is staff driven. Attached is a meeting date analysis and charge report which provides the charge for the BCC and a narrative of the five year history of meetings. Following are staff suggestions for consideration, based on the BCC history: Audit Committee – Consider removing the citizen position, returning the committee to three Council members, this Committee does not direct activity and the information presented to them (audit, investment recommendations) often is to remain confidential until brought forth to the City Council. Having a member of the public, who cannot discuss the business of the Committee publicly, seems confusing. Architectural Review Commission – Decommission - City Council has directed and ensures (through ordinance and Land Development Code), design standards. Colleyville Center Advisory Committee – Consider convening annually to review rate recommendations in February. Colleyville Tree Board – Decommission - Three members of the Parks and Recreation Advisory Board compose this Board; the City has ordinances and the Land Development Code which directs planting, maintenance, and preservation of trees; assign any tree considerations to the Parks and Recreation Advisory Board. Historical Preservation Committee – Decommission - Appoint an ad-hoc Committee for a specific project with direction and time-line. Metroport Teen Court – Consider appointing the members to two year terms, consistent with the other BCCs and other cities. Municipal Judge Review and Selection Committee – Would require coordination with the City of Keller and resolution to change appointment term to June. City Council Agenda Briefing City of Colleyville Page 4 Tax Increment Finance District – Bylaws change required if consideration is given to making appointments in June. Park Land Dedication Committee – Decommission and move responsibility to provide input to the proposed budget for use of the Park Land Dedication funds under the Parks and Recreation Advisory Board. If City Council decommissions the Architectural Review Commission, Colleyville Center Advisory Committee, Colleyville Tree Board, Historical Preservation Committee, and Park Land Dedication Committee, the remaining seven BCCs: Colleyville Community Garden Advisory Committee, Colleyville Center Advisory Committee, Colleyville Library Board, Metroport Teen Court Advisory Board, Planning and Zoning Commission, Parks and Recreation Advisory Board, and Zoning Board of Adjustment, could be advertised September through October and appointed in November. The four BCCs which are comprised of City Council and residents: Audit Committee, Colleyville Economic Development Corporation, Municipal Judge Review and Selection Committee, and Tax Increment Finance District Board could then be advertised in April and May and appointed in June to coincide with City Council terms. Attachments 1.BCC PowerPoint Presentation 2.BCC Meeting Date Analysis and Charge Discussion of the City Boards, Commissions, and Committees City Council Worksession October 2, 2019 Objectives 1.Review the current Boards, Commissions, and Committees 2.Consideration of decommissioning and/or combining responsibilities  / appointment of Ad Hoc Committees for specific purpose 3.Consideration of advertising and appointment periods 4.Receive City Council direction 5.Proceed with next steps Current Boards, Commissions, and Committees SEPTEMBER Capital Improvement Advisory Committee Colleyville Economic Development Corporation Colleyville Library Board Historical Preservation Committee Metroport Teen Court Advisory Board Park Land Dedication Committee Planning and Zoning Commission Sign Board of Appeals Zoning Board of Adjustment DECEMBER Architectural Review Commission Colleyville Center Advisory Committee Colleyville Community Garden Advisory   Committee Colleyville Tree Board Parks and Recreation Advisory Board Tax Increment Finance District Board   APRIL Audit Committee Municipal Judge Review and Selection Committee 15 City Boards, Commissions, and Committees are appointed in September (9), and December (6), and two appointed in April (2), for a total of 17 Current Boards, Commissions, and Committees SEPTEMBER Capital Improvement Advisory Committee Colleyville Economic Development Corporation Colleyville Library Board Historical Preservation Committee Metroport Teen Court Advisory Board Park Land Dedication Committee Planning and Zoning Commission Sign Board of Appeals Zoning Board of Adjustment DECEMBER Architectural Review Commission Colleyville Center Advisory Committee Colleyville Community Garden Advisory Colleyville Tree Board Parks and Recreation Advisory Board Tax Increment Finance District Board   APRIL Audit Committee Municipal Judge Review and Selection Committee Of the 17, two are composed of the same members:   1) the Planning and Zoning Commission is also the Capital Improvement Advisory Committee (meets only when reviewing the development of water, wastewater, and roadway  impact fees, as required by Chapter 395 of the Texas Local Government Code every five to eight  years);   2) Zoning Board of Adjustment and Sign Board of Appeals   Current Boards, Commissions, and Committees SEPTEMBER Capital Improvement Advisory Committee Colleyville Economic Development Corporation Colleyville Library Board Historical Preservation Committee Metroport Teen Court Advisory Board Park Land Dedication Committee Planning and Zoning Commission Sign Board of Appeals Zoning Board of Adjustment DECEMBER Architectural Review Commission Colleyville Center Advisory Committee Colleyville Community Garden Advisory Committee Colleyville Tree Board Parks and Recreation Advisory Board Tax Increment Finance District Board   APRIL Audit Committee Municipal Judge Review and Selection Committee Of the remaining 13, two committees are composed of members of the Parks and Recreation Advisory Board and  Planning and Zoning Commission which are submitted to City Council to approve:  1) Colleyville Tree Board 2) Park Land Dedication Committee Four are primarily comprised of City Council with terms which are to expire concurrent with the City Council term:  1) Audit Committee – three Council; one resident; 2) Colleyville Economic Development Corporation -  four Council; three residents; 3) Municipal Judge Review and Selection Committee – Mayor and two  Councilmembers; 4) Tax Increment Finance District – five Council, four participating organization’s  representatives Move the four BCCs which are comprised of City Councilmembers and residents to a June appointment period to run concurrent with the Councilmember terms: •Audit Committee – three Council; one resident – consider removing resident position •Colleyville Economic Development Corporation - four Council; three residents •Municipal Judge Review and Selection Committee – Mayor and two Councilmembers, would  require coordination with the City of Keller and resolution to change appointment term •Tax Increment Finance District – five Council, four participating organization’s representatives Architectural Review Commission – Decommission - City Council has directed and ensures (through  ordinance and Land Development Code), design standards – Has met one time in seven years. Colleyville Center Advisory Committee – Convene annually to review staff rate recommendations in  February.   Colleyville Tree Board – Decommission - Three members of the Parks and Recreation Advisory Board  compose this Board, the City has ordinances and the Land Development Code which direct planting,  maintenance, and preservation of trees; assign any tree considerations to the Parks and Recreation  Advisory Board  Staff Recommendations Historical Preservation Committee – Decommission and recreate as an ad-hoc Committee for a specific  project with direction and time-line   Metroport Teen Court – Appoint members to two year terms, consistent with the other BCC’s and with  the other cities   Park Land Dedication Committee – Decommission and move responsibility to provide input to the  proposed budget for use of the Park Land Dedication funds under the Parks and Recreation Advisory  Board. Resolution and bylaws change If City Council decommissions Architectural Review Commission, Colleyville Tree Board, Historical  Preservation Committee, and Park Land Dedication Committee, and changes the term and appointment  period to June for Audit Committee, Colleyville Economic Development Commission, Municipal Judge and  Review Committee, and Tax Increment Finance District the remaining seven BCC’s could be advertised  September through October and appointed in November: Staff Recommendations continued Colleyville Center Advisory Committee Colleyville Community Garden Advisory  Colleyville Library Board Metroport Teen Court Advisory Board Parks and Recreation Advisory Board Planning and Zoning Commission/    Capital Improvement Advisory Committee Zoning Board of Adjustment /    Sign Board of Appeals Next steps include: •Resolution decommissioning the Board, Commission, and Committees •City Secretary notification to all currently serving Board, Commission, and Committee  members with notification of a new appointment term and/or notification of decommission  and a letter of recognition for their service •Correction to the Board, Commission, and Committee Application •Notification to all members currently serving whose terms actually expired in September, with  an application, asking them to reapply if they wish to be considered for reappointment •Advertisement and acceptance of Applications for Appointment October 8 through November  8, with appointments at the November 19, 2019, City Council Meeting •Advertisement and acceptance of Applications for Appointment April through May, with  appointments at the second June 2020, City Council Meeting •Bylaw changes as required Next Steps Questions and Direction Past Meeting Dates Analysis and Charge for Current Boards, Commissions, and Committees Audit Committee Meets quarterly The Audit Committee was established in 2003 by Resolution R-03-2174, was composed of council members and whose duties would consist of being part of the audit selection committee, and to review the draft of the audit and meet with the auditors before the audit is presented to the full City Council. This committee meets quarterly and currently is composed of three Councilmembers and one citizen at large. Architectural Review Commission - Last met on March 27, 2019, and is the only time the Commission has met in the last 6 years. Meets as needed The Architectural Review Commission acts in an advisory capacity and makes recommendations to City Council regarding the evaluation of matching grant program applications for facade improvements and/or pole signage replacements; evaluates the quality and effectiveness of Colleyville's Commercial Design Standards; evaluates and makes recommendations regarding future design guidelines; and conducts other architectural and design-related studies, as requested by City Council. Capital Improvement Advisory Committee – Last met on July 9, 2012 Meets as needed The Capital Improvement Advisory Committee acts in an advisory capacity to City Council in the development of water, wastewater, and roadway impact fees, as required by Chapter 395 of the Texas Local Government Code. The Committee is comprised of the same members as the Planning and Zoning Commission, and at least one Real Estate representative and one member of the development community. This committee meets only when needed to review and recommend impact fees and is largely staff driven. The Capital Improvement Advisory Committee meetings are consistent with purpose. Colleyville Center Advisory Committee – Last met August 2019 Meets quarterly The Colleyville Center Advisory Committee is responsible for making recommendations to City Council regarding fee structures, policies, and development of long-range plans for the Center's use and marketing. The Advisory Committee provides City Council an annual written report of Colleyville Center activities. Information and direction is largely staff driven and accomplished. Colleyville Community Garden Advisory Committee – Last met September 2019 - Meets monthly, second Thursday The Colleyville Community Garden Advisory Committee struggles for members and to meet a quorum. Colleyville Economic Development Corporation Board – Last met on August 28, 2018 Meets annually on the fourth Tuesday in August The Colleyville Economic Development Corporation Board was established from the August 10, 1996 vote for the additional one-half cent sales tax for the 4B economic development corporation under the State of Texas statutes. The ballot language authorized the one- half cent sales and use tax to provide for "parks and parks facilities, a library, a community center, open space improvements, and other facilities and improvements only as authorized by Section 4B of Article 5190.6, Vernon's Texas Civil Statutes, as amended." Annually, the Board develops and approves an Economic Development Capital Improvement Program (EDCIP) consisting of projects authorized by the 1996 vote. The Board consists of four Councilmembers and three citizens. The CEDC Board meetings are consistent with state requirements. Recommend consistent appointment period. Colleyville Library Board – Last met August 2019 Meets bi-monthly, second Monday The Colleyville Library Board acts in an advisory capacity to City Council regarding library programming, long range planning, and development of capital improvement programs. The Board recommends policies for library services, and provides a review of the annual operating budget. The Colleyville Center Advisory Committee meetings are consistent. This board assists staff with the business and events of the library. Colleyville Tree Board – Last met on April 23, 2018 Meets annually or as needed The Colleyville Tree Board serves in an advisory role to City Council and the Parks and Recreation Advisory Board in the planting, maintenance, and preservation of trees in the community. The Committee is comprised of three (3) Parks and Recreation Advisory Board members and three (3) Friends of the Colleyville Nature Center Colleyville residents/or the Colleyville Garden Club. The Tree Board meetings are inconsistent as there is no business regularly conducted or required of the Board. Historical Preservation Committee – Last met August 2019 Meets quarterly or as needed The Historical Preservation Committee acts in an advisory capacity to City Council in all matters pertaining to historical preservation, including developing and recommending a plan to identify, collect, and preserve information, artifacts, and sites relevant to Colleyville's history. The Historical Preservation Committee meetings are highly inconsistent. Metroport Teen Court Advisory Board – Last met on June 4, 2019 Meets quarterly The Metroport Teen Court Advisory Board advises the Teen Court staff in matters relating to alternative judicial processes. The program offers juvenile offenders the opportunity to assume responsibility for their actions by involvement in the judicial process and completion of community service. The Board consists of representatives from Colleyville, Grapevine, and Southlake. City Council appoints two members to the Board each year. The Metroport Teen Court meetings are directed by the City of Southlake and per the joint agreement between the cities. Municipal Judge Review and Selection Committee Part of the interlocal agreement with the City of Keller. Committee requires the Mayor and two City Councilmembers from each city to serve the committee with terms expiring in April. Park Land Dedication Committee – Until September 2019, the committee had last met on October 12, 2015. Meets as needed The Parks and Recreation Advisory Board shall act in an advisory capacity to City Council and staff on all matters pertaining to Parks and Recreation, and coordinate with other governmental agencies, civic groups, and all citizens of Colleyville, in advancement of sound Parks and Recreation planning and programming. The Park Land Dedication Committee meetings are highly inconsistent as there is no business regularly conducted or required of the Board. Parks and Recreation Advisory Board – Last met on April 29, 2019 Meets quarterly or as needed The Parks and Recreation Advisory Board shall act in an advisory capacity to City Council and staff on all matters pertaining to Parks and Recreation, and coordinate with other governmental agencies, civic groups, and all citizens of Colleyville, in advancement of sound Parks and Recreation planning and programming. The Parks and Recreation Advisory Board meetings are mostly consistent, however, information and direction is largely staff driven and accomplished. Planning and Zoning Commission Meets monthly, second Monday The Planning and Zoning Commission approves plans for subdivisions and makes recommendations to the City Council on the rezoning of land and amendments to the City's development regulations. The Planning and Zoning Commission meetings are conducted as required. Sign Board of Appeals – Last met on June 11, 2019 Meets as needed, second Tuesday The Sign Board of Appeals consists of the same members and officers as the Zoning Board of Adjustment. The Sign Board of Appeals has the authority to hear and decide on requests for a variance from the requirements contained in Chapter 7 - Sign Regulations of the Land Development Code, and the authority to hear and decide appeals of an administrative decision on a regulation contained in Chapter 7 - Sign Regulations of the Land Development Code. The Sign Board of Appeals meetings are conducted as needed and required. Tax Increment Finance District Board – Last met January 24, 2019 Meets annually in July and as needed The purpose of the Tax Increment Finance District Board is to oversee the implementation of the TIF zone adopted infrastructure project plan to promote reinvestment within the TIF zone. The Zone includes properties along the SH26 corridor. The Board consists of five members appointed by the City Council and a member of each of the following taxing units, which levies taxes on real property in the zone: GCISD, Tarrant County, Tarrant County College District, and Tarrant County Hospital District. Zoning Board of Adjustment – Last met on October 9, 2018 Meets as needed, second Tuesday The Zoning Board of Adjustment has the authority to hear and decide on requests for a variance from the requirements contained in Chapter 3 - Land Use of the Land Development Code. The ZBA meets as needed and required. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-2 Agenda Date 10/2/2019 Type Worksession Department Community Development Title Discussion of Land Development Code enforcement regarding accessory dwelling units Explanation City Attorney Whitt Wyatt will provide information to the City Council regarding enforcement of the Land Development Code regulations relative to accessory dwelling units. Attachments 1.Accessory Dwellings Enforcement Discussion of LDC Enforcement Accessory Dwelling Units City Council Worksession October 2, 2019 What options does the City have to enforce the current Land Development Code  (LDC) regulations for accessory dwellings used as short term rental properties?     Question Background •The LDC presently does not define ‘short term rental’ as a permissible use     (i.e., this use is prohibited) •The LDC limits use of accessory dwelling units, most require SUP •The City’s enforcement is initiated by citizen complaint on a case-by-case basis •Litigation is pending in Texas courts regarding local STR regulation     (e.g., the Grapevine lawsuit) Discussion Purpose  Accessory Dwelling. A separate dwelling from the primary dwelling not rented or  otherwise used as a separate domicile in a residential district for the sole use and  occupancy of a member of the immediate family or persons employed on the  premises by the occupant on a full-time basis as domestic help, such as a maid,  chauffeur, cook, or gardener.   •Accessory dwellings are permitted but limited to immediate family/household staff •Accessory dwellings require an SUP, except in AG and RE districts  Accessory Structure. A subordinate building that is detached from the primary on- site building and is clearly secondary and incidental to the main use.  •Accessory structures are permitted by right in all residential districts (subject to  area/location regulations) •May not have an oven/stove (the primary difference between an accessory  structure and accessory dwelling unit) LDC Definitions Criminal Citation •Code enforcement investigates via complaint and  administrative warrant (where applicable) •Citations issued by code enforcement •Handled by the City’s prosecutor  •Owner is entitled to jury trial  •No mechanism to prohibit all ‘future’ violations  other than deterrence •Final disposition for each citation is generally  between 2-4 months  •Fine only, up to $2000.00/offense/day •Owner may appeal to County court Civil Injunction (incl SUP) •Civil lawsuit filed by the City Attorney’s office •Petition must be drafted and served on owner •Owner has approximately one month to respond •City may seek temporary injunction while lawsuit  pending •Discovery to determine extent of violation •Disposed by either summary judgment or trial  Final disposition may include:  –A fine equal to $1000/day for each day owner  ‘knowingly’ violated the City’s code; and/or –Permanent injunction prohibiting future  violations; and –Reimbursement of the City’s attorney’s fees  •Owner may appeal to the Court of Appeals (and  subsequently to the Texas Supreme Court) •Process is highly dependent on owner’s response  and may take from 6 months to > 2 years  Current Enforcement Options City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-3 Agenda Date 10/2/2019 Type Worksession Department Community Development Title Update on residential permit fees Explanation Due to the passage of H.B. 852 earlier in the year, it was necessary to revise the City’s permit fee schedule for residential permits. The new bill prohibited municipalities from calculating residential permit fees based on valuation of the project, which was the previous method for Colleyville and several other north Texas cities. This change applied to any residential project that requires a building permit. The alternative approved was to assess fees based on a unit cost per square foot ($/s.f.) for each project. The adopted fees are now calculated at a schedule of $1.00/s.f. for new homes and additions and $0.80/s.f. for remodels and accessory structures. These rates are in alignment with the cities of Hurst, Euless, Bedford, and North Richland Hills. As part of the approval, the City Council asked for a future report comparing the two methods so as to evaluate whether the Council would like to make an adjustment due to this being a completely different way of calculating the fees. The analysis is attached as part of the worksession item. Attachments 1.Residential Fee Presentation 2.Permit Fee Analysis 3.New Home Building Permit Fee Analysis - Categorized Community Development Residential Buildi ng Fees COUNCIL WORKSESSION 10/2/2019 Statement of Purpose •The intent of building permits is to verify compliance with adopted building codes. The permit fees are to ensure that development covers a portion of this cost and pays its own way. •H.B. 852 prohibited municipalities from calculating residential permit fees based on valuation of the project, which was the previous method for Colleyvill e and several other north Texas cities.–Hurst, Euless, Bedford, and North Richland Hills •The current fees are now calculated at a schedule of: –$1.00/s.f. for new homes and additions –$0.80/s.f. for remodels and accessory structures Residential Building Permit Fees Residential Building Permit Fees Residential Building Permit Fees - Breakdown Average = $4,322.48 $2,569.65 $1,852.35 61.40%$392,632.82 4,322 ($500,000 to $750,000) (>$750,000) Current Fee Previous Fee Difference % Change Valuation Sq. Ft. (<$500,000) 55 Houses Total = $233,414.00 $146,802.95 $86,611.05 $21,202,172.21 233,414 39 Houses Total = $227,023.00 $150,152.25 $76,870.75 $23,615,538.13 224,939 Average = $5,821.10 $3,850.06 $1,971.04 52.43%$605,526.62 5,768 24 Houses Total = $176,428.00 $141,423.00 $35,005.00 $26,167,018.92 176,428 Average = $7,351.17 $5,892.63 $1,458.54 26.35%$1,090,292.46 7,351 Questions? Current Previous Diff.% Change Valuation Area-s.f. 7017 Schubert $5,269.00 $4,218.00 $1,051.00 25%$707,995.00 5269 4612 Manning Dr $6,212.00 $6,828.00 ($616.00)-9%$1,334,000.00 6212 5805 Bettinger Dr $5,942.00 $4,074.00 $1,868.00 46%$650,000.00 5942 605 Rembrandt $6,705.00 $5,150.00 $1,555.00 30%$756,995.00 6705 2001 Hall Johnson $3,241.00 $2,609.00 $632.00 24%$308,000.00 3241 Current Previous Diff.% Change Valuation Area-s.f. 5104 Bransford Rd $460.00 $392.00 $68.00 17%$24,914.00 575 621 Picasso $288.00 $252.00 $26.00 10%$15,599.00 360 709 Beverly $960.00 $658.00 $302.00 46%$51,996.00 1,200 4600 Stafford Dr $390.00 $336.00 $54.00 16%$21,102.00 487 4017 Treemont Cir $116.00 $126.00 ($10.00)-8%$6,240.00 144 Current Previous Diff.% Change Valuation Area-s.f. 6505 Cutter Ridge $668.00 $836.00 ($168.00)-20%$69,389.00 834 1508 Oak Knoll $384.00 $541.00 ($157.00)-29%$39,936.00 480 2107 Stonehaven Dr $576.00 $707.00 ($131.00)-19%$59,904.00 720 2500 Ballantrae Dr $496.00 $650.00 ($154.00)-24%$51,500.00 619 Current Previous Diff.% Change Valuation Area-s.f. 6211 Burnham Cir $272.00 $423.00 ($150.00)-35%$28,288.00 272 6608 Armstrong Ct $290.00 $224.00 $66.00 29%$12,566.00 290 5302 Huntington Ct $630.00 $423.00 $207.00 49%$27,298.00 630 1404 Douglas Ave $342.00 $238.00 $104.00 44%$14,819.00 342 ATTACHED PATIO COVERS ROOM ADDITION PERMIT FEE SAMPLE ANALYSIS (Permit fees revised July 2019) NEW SINGLE FAMILY ACCESSORY BUILDING REMODEL ADDITION Address Current Fee Previous Fee Difference % Change Valuation Area-SF 2313 Hall Johnson $4,000.00 $1,933.55 $2,066.45 106.87%$182,462.00 4,000 4805 Latour $3,659.00 $2,140.75 $1,518.25 70.92%$219,540.00 3,659 4100 Petrus $4,618.00 $1,850.55 $2,767.45 149.55%$252,940.00 4,618 4216 Lombardy $4,618.00 $1,850.55 $2,767.45 149.55%$252,940.00 4,618 4405 Lafite $4,346.00 $2,370.35 $1,975.65 83.35%$260,760.00 4,346 4520 Lafite $2,909.00 $1,996.15 $912.85 45.73%$278,343.01 2,909 2001 Hall Johnson $3,241.00 $2,609.00 $632.00 24.22%$308,000.00 3,241 4728 Latour $5,730.00 $2,360.15 $3,369.85 142.78%$343,800.00 5,730 4205 Lombardy $3,986.00 $2,427.35 $1,558.65 64.21%$355,722.02 3,986 4417 Lafite $3,928.00 $2,477.75 $1,450.25 58.53%$364,731.34 3,928 3708 Rothschild $3,928.00 $2,477.75 $1,450.25 58.53%$364,731.34 3,928 4416 Lafite $3,932.00 $2,477.75 $1,454.25 58.69%$364,892.54 3,932 4513 Lafite $3,932.00 $2,477.75 $1,454.25 58.69%$364,892.54 3,932 4421 Lafite $3,887.00 $2,483.35 $1,403.65 56.52%$365,335.49 3,887 4809 Lafite $3,899.00 $2,617.75 $1,281.25 48.94%$389,866.51 3,899 4721 Lafite $3,899.00 $2,617.75 $1,281.25 48.94%$389,866.51 3,899 4508 Lafite $4,111.00 $2,623.35 $1,487.65 56.71%$390,028.90 4,111 4813 Lafite $3,928.00 $2,623.35 $1,304.65 49.73%$390,845.80 3,928 4817 Lafite $3,935.00 $2,634.55 $1,300.45 49.36%$392,466.19 3,935 4709 Lafite $3,961.00 $2,651.35 $1,309.65 49.40%$395,395.09 3,961 4400 Lafite Ln $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4816 Lafite $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4409 Lafite $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4705 Lafite $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 3728 Rothschild Blvd $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4501 Lafite $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4812 Lafite $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4413 Lafite $4,292.00 $2,668.15 $1,623.85 60.86%$398,548.13 4,292 4404 Lafite $4,342.00 $2,679.35 $1,662.65 62.05%$400,563.13 4,342 4424 Lafite $4,342.00 $2,679.35 $1,662.65 62.05%$400,563.13 4,342 4428 Lafite $4,342.00 $2,679.35 $1,662.65 62.05%$400,563.13 4,342 4425 Lafite $4,342.00 $2,679.35 $1,662.65 62.05%$400,563.13 4,342 4429 Lafite $4,346.00 $2,712.95 $1,633.05 60.19%$406,268.75 4,346 4308 Lafite $4,346.00 $2,712.95 $1,633.05 60.19%$406,268.75 4,346 4436 Lafite $4,365.00 $2,724.15 $1,640.85 60.23%$408,259.38 4,365 4000 Lombardy $4,707.00 $2,774.55 $1,932.45 69.65%$417,915.90 4,707 816 Shelton $4,769.00 $3,271.95 $1,497.05 45.75%$422,000.00 4,769 4112 Petrus $4,723.00 $2,813.75 $1,909.25 67.85%$424,556.41 4,723 3700 Bardolino $4,365.00 $2,819.35 $1,545.65 54.82%$425,100.73 4,365 37 Village $2,737.00 $3,294.35 ($557.35)-16.92%$425,218.10 2,737 4821 Lafite $4,292.00 $2,836.15 $1,455.85 51.33%$428,523.04 4,292 4733 Lafite $4,292.00 $2,836.15 $1,455.85 51.33%$428,523.04 4,292 2608 Highland Meadows Dr $4,787.00 $3,428.75 $1,358.25 39.61%$450,000.00 4,787 5504 Pleasant Run $4,788.00 $2,959.35 $1,828.65 61.79%$450,836.40 4,788 4108 Petrus Blvd $4,994.00 $2,970.55 $2,023.45 68.12%$452,497.79 4,994 6100 Legacy Tr $5,323.00 $2,987.35 $2,335.65 78.18%$455,247.88 5,323 4201 Lombardy $4,987.00 $3,004.15 $1,982.85 66.00%$458,292.00 4,987 4437 Lafite $4,833.00 $3,009.75 $1,823.25 60.58%$459,225.84 4,833 3509 Lejoie $4,700.00 $3,032.15 $1,667.85 55.01%$463,878.28 4,700 4217 Lombardy $5,103.00 $3,535.15 $1,567.85 44.35%$468,108.27 5,103 4108 Lombardy $5,314.00 $3,088.15 $2,225.85 72.08%$473,564.35 5,314 New Single Family Residential Permits Issued In FY18/19 39 Village $3,289.00 $3,602.35 ($313.35)-8.70%$480,641.70 3,289 4005 Lombardy $5,359.00 $3,419.75 $1,939.25 56.71%$484,807.60 5,359 4741 Lafite $4,844.00 $3,205.75 $1,638.25 51.10%$494,241.16 4,844 55 Houses Total =$233,414.00 $146,802.95 $86,611.05 $21,202,172.21 233,414 Average =$4,322.48 $2,569.65 $1,852.35 61.40%$392,632.82 4,322 Address Current Fee Previous Fee Difference % Change Valuation Area-SF 3604 Lejoie $5,221.00 $3,252.75 $1,968.25 60.51%$503,680.33 5,221 4820 Carmel $5,315.00 $3,257.50 $2,057.50 63.16%$504,182.27 5,315 5113 Oak Timbers Ct $5,438.00 $3,803.75 $1,634.25 42.96%$520,000.00 5,438 801 Legacy $5,367.00 $3,818.00 $1,549.00 40.57%$522,082.00 5,367 5604 Reagan $5,650.00 $3,352.50 $2,297.50 68.53%$525,000.00 5,650 4820 Lafite $5,142.00 $3,371.50 $1,770.50 52.51%$528,781.34 5,142 4104 Petrus $5,813.00 $3,376.25 $2,436.75 72.17%$529,085.21 5,813 3909 Lambrusco $5,689.00 $3,385.75 $2,303.25 68.03%$531,373.12 5,689 5508 Reagan $6,024.00 $3,870.25 $2,153.75 55.65%$533,269.02 6,024 41 Village $3,716.00 $3,894.00 ($178.00)-4.57%$538,426.25 3,716 4824 Carmel $5,785.00 $3,419.00 $2,366.00 69.20%$538,628.06 5,785 4008 Campania Ct $5,826.00 $3,452.25 $2,373.75 68.76%$545,726.61 5,826 3509 Alsace Ave $5,439.00 $3,457.00 $1,982.00 57.33%$546,641.39 5,439 4708 Latour $6,023.00 $3,485.50 $2,537.50 72.80%$552,505.25 6,023 3708 Bardolino Rd $5,620.00 $3,504.50 $2,115.50 60.37%$552,620.73 5,620 4233 Lombardy $5,646.00 $3,490.25 $2,155.75 61.76%$553,600.42 5,646 6208 Legacy Tr $6,553.00 $3,504.50 $3,048.50 86.99%$556,051.20 6,553 35 Village Ln $3,858.00 $3,998.50 ($140.50)-3.51%$560,136.35 3,858 3505 Alsace Ave $6,016.00 $3,566.25 $2,449.75 68.69%$569,630.05 6,016 4900 Behrens Ct $6,786.00 $4,060.25 $2,725.75 67.13%$573,324.42 6,786 3501 Lejoie $5,703.00 $3,599.50 $2,103.50 58.44%$576,173.03 5,703 5609 Montclair $6,592.00 $3,656.00 $2,936.00 80.31%$588,982.74 6,592 204 Winnie $6,986.00 $3,894.00 $3,092.00 79.40%$638,506.19 6,986 713 Lyndsey Way $7,340.00 $3,932.00 $3,408.00 86.67%$646,776.68 7,340 5805 Bettinger Dr $5,942.00 $4,074.00 $1,868.00 45.85%$650,000.00 5,942 5619 Winnie $7,056.00 $3,960.50 $3,095.50 78.16%$652,730.50 7,056 7040 Rembrandt $4,805.00 $3,989.00 $816.00 20.46%$658,995.00 4,805 6212 Legacy Tr $6,130.00 $4,046.00 $2,084.00 51.51%$670,915.00 4,046 6108 Legacy Estates $7,054.00 $4,074.50 $2,979.50 73.13%$676,165.22 7,054 303 Glade $8,525.00 $4,554.25 $3,970.75 87.19%$677,589.75 8,525 6905 Brahms $4,122.00 $4,560.00 ($438.00)-9.61%$677,995.00 4,122 4808 Carmel Pl $6,714.00 $4,183.75 $2,530.25 60.48%$700,000.00 6,714 7017 Schubert $5,269.00 $4,218.00 $1,051.00 24.92%$707,995.00 5,269 6909 Mozart $5,833.00 $4,696.75 $1,136.25 24.19%$707,995.00 5,833 1105 Bach $5,099.00 $4,221.75 $877.25 20.78%$707,995.00 5,099 7009 Schubert $5,678.00 $4,231.25 $1,446.75 34.19%$709,995.00 5,678 620 Rembrandt $5,304.00 $4,264.50 $1,039.50 24.38%$716,995.00 5,304 6809 Schubert $4,913.00 $4,326.25 $586.75 13.56%$729,995.00 4,913 7016 Schubert $7,031.00 $4,350.00 $2,681.00 61.63%$734,995.00 7,031 39 Houses Total =$227,023.00 $150,152.25 $76,870.75 $23,615,538.13 224,939 Average =$5,821.10 $3,850.06 $1,971.04 52.43%$605,526.62 5,768 Address Current Fee Previous Fee Difference % Change Valuation Area-SF 900 Lyndsey Way $6,428.00 $4,445.00 $1,983.00 44.61%$754,217.00 6,428 605 Rembrandt $6,705.00 $5,150.00 $1,555.00 30.19%$756,995.00 6,705 608 Rembrandt $6,307.00 $4,468.75 $1,838.25 41.14%$759,995.00 6,307 7005 Schubert $6,208.00 $4,540.00 $1,668.00 36.74%$774,995.00 6,208 6112 Legacy $6,270.00 $4,635.00 $1,635.00 35.28%$795,000.00 6,270 4910 Behrens $8,413.00 $4,644.50 $3,768.50 81.14%$796,329.61 8,413 304 Oak Crest Hill $7,493.00 $4,658.75 $2,834.25 60.84%$800,000.00 7,493 7016 Mozart $7,011.00 $4,692.00 $2,319.00 49.42%$806,995.00 7,011 200 Winnie $6,333.00 $5,133.75 $1,199.25 23.36%$900,000.00 6,333 6504 Ponderosa Ln $5,691.00 $5,186.00 $505.00 9.74%$910,129.40 5,691 5916 LD Lockett $5,907.00 $5,608.75 $298.25 5.32%$1,000,000.00 5,907 5701 Oakleigh $6,933.00 $5,608.75 $1,324.25 23.61%$1,000,000.00 6,933 5622 Winnie $6,673.00 $5,791.25 $881.75 15.23%$1,050,000.00 6,673 6808 Pleasant Run Rd $6,626.00 $5,809.50 $816.50 14.05%$1,055,000.00 6,626 5810 Pool $5,313.00 $6,032.15 ($719.15)-11.92%$1,115,607.00 5,313 901 Lyndsey Way $7,549.00 $6,090.55 $1,458.45 23.95%$1,132,000.00 7,549 208 Winnie Dr $6,699.00 $6,116.10 $582.90 9.53%$1,139,000.00 6,699 5705 Oakleigh Ln $7,274.00 $6,167.20 $1,106.80 17.95%$1,152,850.00 7,274 1701 Glade $6,317.00 $6,338.75 ($21.75)-0.34%$1,200,000.00 6,317 4612 Manning Dr $6,212.00 $6,828.00 ($616.00)-9.02%$1,334,000.00 6,212 4612 Manning $6,212.00 $6,687.00 ($475.00)-7.10%$1,334,600.00 6,212 301 Oakleigh $6,300.00 $7,032.25 ($732.25)-10.41%$1,390,000.00 6,300 2325 Oak Knoll $17,571.00 $7,470.25 $10,100.75 135.21%$1,509,305.91 17,571 2308 Glade Rd $13,983.00 $12,288.75 $1,694.25 13.79%$2,700,000.00 13,983 24 Houses Total =$176,428.00 $141,423.00 $35,005.00 $26,167,018.92 176,428 Average =$7,351.17 $5,892.63 $1,458.54 26.35%$1,090,292.46 7,351 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-4 Agenda Date 10/2/2019 Type Worksession Department City Secretary Title Discussion of the October 2, 2019, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 10/2/2019 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along Main Street Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-19-4422 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2, 2019 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 2ND DAY OF OCTOBER 2019. Mayor Richard Newton Ay e Mayor Pro Tem Bobby Lindamood Ay e Place 1, Tammy Nakamura Ay e Place 3, Kathy Wheat Ay e Place 4, George Dodson Ay e Place 5, Chuck Kelley Ay e Place 6, Callie Rigney Ay e ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 10/2/2019 Type Announcements, Proclamations, and Presentations Department Police Title Presentation to the Colleyville Police Department in recognition of achieving Texas Police Chiefs Association Recognized Law Enforcement Agency Program recertification - Chief Barton, Coppell Police Department and Colleyville Police Chief Michael Miller and Mayor Richard Newton Attachments RESOLUTION R-19-4423 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2, 2019 WHEREAS,City 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 City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the regular City Council meeting of September 17, 2019 b.Approval to purchase 42 body cameras and related chargers, clips, and warranties, in an amount not to exceed $96,748, and authorizing the City Manager to execute the agreement c.Approval of a Professional Services Agreement with Baird, Hampton & Brown, in an amount not to exceed $78,535, for the design of the John McCain Road Hike & Bike Trail Project, and authorizing the City Manager to execute the agreement d.Approval of a construction services agreement with Mobil Construction Corporation for the FY 2020 Miscellaneous Concrete Repair Contract, in an amount not to exceed $475,000, and authorizing the City Manager to execute the agreement e.Approval of a Local Transportation Project Advance Funding Agreement for the reconstruction of Cheek-Sparger Road (San Bar to Oak Briar Lane), and authorizing the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 2ND DAY OF OCTOBER 2019. Resolution R-19-4423 Page 2 of 2 Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 17, 2019 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 17, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Chuck Kelley. ABSENT: Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Finance Director Kyle Lester, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the art at McDonwell/Westcoat and McCain/Westcoat roundabouts Assistant City Manager Adrienne Lothery presented this item and gave an overview of four possible design considerations. The City Council would like to review a design with stone and the artwork to feature a horse. WS-2 Discussion of moving the City Park Sand Volleyball Pit Parks and Recreation Director Lisa Escobedo presented this item noting the location of the sand volleyball pit to the tennis court allows for sand to enter the court. The relocation can be completed in house by the Public Works department and will allow an opportunity to redesign the area once the pit is relocated. There was general discussion regarding the distance between the volleyball pits when placed side by side. The City Council directed staff to move forward with the relocation and consider adding a shaded area and table in the area south of the tennis courts and volleyball pit. WS-3 Discussion of the September 17, 2019, City Council regular agenda items Mayor Newton stated, with City Council approval, as there are several second reading ordinances on the agenda, he will move item 7a to follow Presentations and Announcements to allow residents to speak without waiting to the end of the meeting. City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 2 He also noted there has been a request to conduct a special meeting for the second reading of the 7a ordinance as it requires a super majority vote and two Councilmembers will not be available for the October 2 meeting. The City Council selected the date of September 23, however, there will be more discussion if need be. Mayor Newton closed the worksession at 6:03 p.m. Mayor Newton called the Executive Session to order at 6:03 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Chuck Kelley. Councilmember Callie Rigney arrived at 6:30 p.m. 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 items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 Section 551.074 - Personnel - Discuss or deliberate regarding school security Section 551.071 (in conjunction with 551.076 (Security Personnel and Devices) and 551.074 (Personnel) - Consultation with attorney and discussion concerning school security Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 3 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, in conjunction with 551.076 Security Personnel and Devices, Section 551.072, Real Estate, Section 551.074, Personnel, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:31 p.m. INVOCATION: Pastor Jeff Strickland, Journey Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4419 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Mayor and City Councilmembers made the following announcements: Effective Tax Rate: For the second consecutive year, this Council will adopt an effective tax rate. When communities adopt the same tax rate year after year it is often touted as "not raising property taxes." However, the increase in property value recognized by TAD is multiplied against that same tax rate resulting in property taxes going up. Only the effective tax rate truly provides for no new tax increase. The effective tax rate adoption reduces the tax rate below the previous year in an amount equal to the increase in property values overall. Thus, the tax rate is reduced to offset the increase in property value. This flat revenue philosophy is often deemed impossible by municipalities looking to grow revenues. I am proud of this community and this council. We have worked cohesively with staff to set an example other communities now emulate. Most importantly, we are providing exceptional services to our residents while holding the line on property taxes. Fire Department Awarded $425,000 in Federal Staffing Grant: The Colleyville Fire Department was awarded a $425,207.70 federal grant to increase the number of firefighters and support their work, U.S. Sen. John Cornyn announced last week. The funding comes through the Staffing for Adequate Fire City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 4 and Emergency Response (SAFER) grant program, which provides direct funding to fire departments and volunteer firefighter organizations to help increase the number of trained firefighters. The program grant funds the firefighter/paramedic salary at 75% for the first two years and 35% for year three. The city covers the remaining balance during the grant years and fully funds the personnel in year four and beyond. Assistant City Manager Mark Wood and Chief Mark Cantrell are to be commended for their tenacity in securing this grant. Police Department CAD Grant Funding: We have been informed that the City of Keller has secured a grant in the amount of $338,757.24 from the National Incident Based Reporting System for the proposed CAD/Records Management System enhancements for our combined dispatch center. This grant will lessen the financial burden on our communities as we purchase and implement a new system over the next 18 months. A big THANK YOU to our partner city and their exceptional leadership! Beautification Continues at Cheek-Sparger and SH26: As we work on the final design of the landscape medians along SH26 between John McCain and Brown Trail, the Parks Department continues beautification efforts further south along the SH26 corridor. The recent addition included new landscaping on the southwest corner of Cheek-Sparger and SH26 (7-11 corner). This improvement is the second corner upgrade at this intersection -the southeast corner (99 Cent Store corner) was completed earlier this year. Additionally, staff is working with TxDOT on $172,000 in Green Ribbon funding to improve the parkway landscape south of Brown Trail. It is exciting to see the beautification efforts continue. Thank you Lisa Escobedo and her Parks Department team. Cheek-Sparger Funding Restored: Last week the City was notified that the grant funding allocated for Cheek-Sparger roadway improvements between Brown Trail and San Bar Lane has been restored. TxDOT has provided the City with a Local Transportation Project Advanced Funding Agreement allocating 80% of $2.8 million project cost as a grant. This project is slated for bidding in the spring of 2020. Prescription Drug Collection Box Installed at Justice Center: The Police Department has installed the new Prescription Drug Collection Box in the lobby of the Justice Center this week. This new service is now available to residents and they can discard their expired or unused prescription drugs in the collection box during normal business hours Monday-Friday. Colleyville Center Open House: The Colleyville Center is hosting a community Open House on Sunday, September 29, from 2 to 6 p.m. at 5301 Riverwalk Drive, Colleyville. This is your chance to see the new renovations to the space, mingle with friends, and experience a unique musical performance while exploring local food and event vendors. Admission is free and open to the public. Enjoy the sounds of the Goldman Wollett Berestnev Trio as they present Classical Lounge, a City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 5 chamber music performance in three parts. The City of Colleyville has partnered with the APEX Arts League to bring this special music performance to Colleyville. In recognition of the Featured Business of the Month - Luxury Nail Spa, 3930 Glade Rd # 116, owner Johnny Nguyen - Mayor Richard Newton and Assistant City Manager Adrienne Lothery Mayor Richard Newton and Assistant City Manager Adrienne Lothery welcomed Johnny and Daodinh Nguyen, owners of Luxury Nail Spa, and recognized them as the featured business of the month. The Nguyens thanked the City Council and staff, noting they love the City. At 7:49 p.m., Mayor Newton stated there are many City ordinances on the agenda tonight (adoption of the tax rate, budget approval, etc.) and he does not want residents to have to wait until the end of the meeting to comment on the items they are here for. Therefore, he is going to change the order of items on the agenda. He will move to items 6a, and 6b, which are second reading and public hearing ordinances and then 7a, a first reading and public hearing ordinance and will return to the agenda order following 7a. At 10:34 p.m. Mayor Newton returned to Resolution R-19-4420. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4420 4a Approval of the minutes of the regular City Council meeting of September 3, 2019 4b Approval of the minutes of the City Council Worksession of August 27, 2019 4c Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool (TexPool/Texpool Prime) as required by TexPool Participant Services 4d Adoption of the Fiscal Year 2020 to 2024 Capital Improvement Program (CIP) 4e Approval of an amendment to the Professional Services Agreement with Baird, Hampton & Brown, amending the design parameters for the Pleasant Run Water Line Project (from John McCain to N. City Limits) to include an emergency interconnect meter and vault, full- depth pavement rehabilitation, drainage improvements, and a hike and bike trail, in an amount not to exceed $161,360.00, and authorize the City Manager to execute the amendment City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 6 4f Approval of a construction services agreement with Northridge Construction Group, for the Fire Station Renovation Project, in an amount not to exceed $368,983, and authorizing the City Manager to execute the agreement 4g Approval of an amendment to the Professional Services Agreement with TranSystems, amending the design parameters to include modifying current design of the Bluebonnet package and performing an environmental study of the Bluebonnet area, in an amount not to exceed $121,382.00, and authorize the City Manager to execute the amendment 4h Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $214,784.73, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the contract price 4i Approval of an Interlocal Agreement between the City of Colleyville and the DFW International Airport Board for the provision of K-9 explosive detection services for special events, and authorizing the City Manager to execute the agreement 4j Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Curtis Road, Herbert Road, Shelton Drive, Beverly Drive, Leta Lane/Duane Street, and Suellen, Circle and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-19-4420 in its entirety. Assistant City Manager Mark Wood presented items 4c and 4d; Police Chief Michael Miller presented 4i, Parks and Recreation Director Lisa Escobedo presented item 4h, and Public Works Director Ray Silva-Reyes presented items 4e, f, g, h, and j. As each of the items on consent are routine business and/or have been previously discussed in worksession, there was limited discussion, however, the following comments were made: Item 4e – Councilmember Dodson and Mayor Pro Tem Lindamood expressed concern with the contractor’s mobilization costs. Director Silva-Reyes will review the project with the vendor for clarification. Item 4h – Councilmember Nakamura asked staff who determines whether City staff or the contractor mows certain areas and how the determination is made. Director Escobedo said Parks and Recreation management decide and it depends City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 7 on the need for precision and safety. Mayor Pro Tem Lindamood thanked Director Escobedo for her work in meeting with the softball associations. Mayor Newton opened the public hearing at 11:08 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:08 p.m. Councilmember Wheat made a motion to approve Resolution R-19-4420 and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report - August 31, 2019 Finance Director Kyle Lester reviewed the fund balances in each account, noting as of August, the City was in great financial health. Director Lester stated as he assumes the Finance responsibilities, he will be bringing information to the City Council in different formats and will be reviewing trends, as well. Mayor Newton moved to item 6a at 7:49 p.m., noting he will conduct the public hearings for 6a, 6b, and 7a, before returning to the consent agenda and remaining agenda items. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2090 Consideration of a Special Use Permit (SUP) for an accessory dwelling and to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC18-027 Mayor Newton read the caption of Ordinance O-19-2090. Community Development Director Ben Bryner presented this item, noting at the first reading concerns were expressed over the size of the accessory building. The previously existing structure measured 24 feet by 24 feet. A permit was approved to remodel the structure and to add storage space and a covered porch/walkway. The plans provided by the contractor showed new dimensions to be 34 feet by 28 feet for a total square footage of 952 square feet. After completion of the project, the owner began the process to allow for the inclusion of a stove and oven which City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 8 categorizes the building as an accessory dwelling. The new plans submitted by the applicant identify the total square footage at 1,150 square feet. However, staff went out to the site, measured the dimensions, and verified that the accessory building currently measures 28.5 feet by 34.2 feet, for a square footage of 975 square feet. These measurements remove the need for the portion of the SUP to exceed the 4% lot coverage for accessory buildings. Director Bryner also noted this request is to allow the stove and oven so the space may be an accessory dwelling, which can be occupied by the applicant’s family. He further stated the Land Development Code does not allow for short or long term rentals of an accessory dwelling. Councilmember Dodson stated conditions can be added to the request, but his concern is the City does not send anyone to check rental concerns. Director Bryner stated if a complaint is received regarding perceived rental occurring, the Code Enforcement Officer is notified and responds. Mayor Newton stated, in his opinion, accessory dwellings in R-20 are not appropriate and he is aware of and concerned about long and short term rentals. He said he and City Council are trying to be responsible to all citizens and he feels granting the SUP is the wrong thing to do because of the concern with Air bnbs. Councilmember Nakamura expressed her care and concern for the family wanting to provide independent living for a family member. Councilmember Rigney expressed her concern for the City’s ability to enforce no long or short term rentals. Mayor Newton opened the public hearing at 8:02 p.m. Mark Lively, 7209 Jo Will Street, spoke in favor of this item. Mr. Lively stated he appreciates what the applicant is doing to beautify the street and he has spoken with many of the neighbors, none of whom have any concerns with approving this item. Mr. Lively noted he was the resident who asked for no Air bnb’s to be allowed, but this is not what the applicant is asking for. He said Mr. Johnson is trying to provide independent living for a family member and he believes the City Council can figure out a way to deal with this without denying the structure. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:10 p.m. Craig Johnson, 7205 Jo Will Street, the applicant, stated he is respectful of the City codes and regulations and there will be no rentals. Mr. Johnson stated he felt it unfair to restrict him now, based on what could happen in the future if he did not own the property. City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 9 Councilmember Nakamura asked Mr. Johnson how he was going to install a stove. Mr. Johnson stated the cabinets are cut out for the stove and they would have to have a gas line ran. Councilmember Nakamura asked Mr. Johnson if he would consider taking out the stove when he sells the house. Mr. Johnson replied yes. Mayor Newton stated the decision the City makes tonight is not to deny your father-in-law, there is a much bigger picture to consider for the community. Mayor Newton stated the Council’s options are: 1. Deny the request. 2. Approve with stringent conditions written into the SUP, if you sell the property, the SUP goes away, and the use is restricted to his family member only. Mayor Pro Tem Lindamood stated the Council has reviewed the Land Development Code and he would like to meet in the middle. Following discussion and with agreement from Mr. Johnson, the following conditions will be added to the ordinance: a. The SUP will expire/terminate with a change of ownership. b. Upon expiration of the SUP, the stove/oven and associated connections shall be removed and the opening replaced with cabinets. Councilmember Wheat thanked Mr. Johnson for his investment in the community. Councilmember Nakamura made a motion to approve Ordinance O-19- 2090 with the following amendments being added: The SUP will expire/terminate with a change of ownership, and upon expiration of the SUP, the stove/oven and associated connections shall be removed and the opening replaced with cabinets, and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b Ordinance O-19-2091 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit (SUP) for a carport and to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC19-007 City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 10 Mayor Newton read the caption of Ordinance O-19-2091. Community Development Director Ben Bryner presented this item, noting this item is a companion piece of the property discussed previously and approved under Ordinance O-19-2090 and will require a supermajority vote. Director Bryner stated the proposed carport meets all standards except it is not located totally in the rear yard, there is 1.7-percent of the structure in the side yard. Director Bryner stated the applicant has provided the City Council with a petition of support from the neighbors. Photographs and renderings were reviewed in regard to the carport and its location and discussion of the construction of the carport. Mayor Newton opened the public hearing at 8:38 p.m. Mark Lively, 7209 Jo Will Street spoke in favor of the item stating the carport carries the architecture over to make the dwelling more aesthetically pleasing. Vincent Devino, 7201 and 7113 Jo Will Street, spoke in favor of the item, stating it is a beautiful house and the carport is hardly visible. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:41 p.m. Councilmember Wheat stated she is generally a stickler for regulation, however, she feels the structure and carport adds value and beauty. Mayor Newton stated the vegetation depicted may not always be there and asked Mr. Johnson how the carport is going to be built specifically. Councilmember Dodson stated having the same question. Director Bryner noted the columns will be a combination of brick and painted, and there would be an attached asphalt roof, matching the dwelling and house. Mr. Johnson noted his contractor had left, but showed the diagrams. Mayor Newton stated this item requires a super majority vote and the diagrams presented by Mr. Johnson do not show the supports and approval would violate a part of the Code. Mr. Johnson asked if the item could be tabled until he brought his contractor back in. City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 11 Councilmember Nakamura made a motion to deny Ordinance O-19-2091 and Councilmember Dodson seconded the motion. The motion to deny carried by the following vote: Ayes: 4 – Mayor Newton, Councilmembers Nakamura, Dodson, and Kelley. Nays: 3 – Mayor Pro Tem Lindamood, Councilmember Wheat, and Councilmember Rigney. This vote was also read into the record. Mayor Newton recessed the meeting at 8:57 p.m. and reconvened the meeting at 9:09 p.m. 6c Ordinance O-19-2092 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid-Tex Division regarding the Company's 2019 Rate Review Mechanism Filings and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-19-2092. Assistant City Manager Adrienne Lothery presented this item, providing a history of the Atmos Cities Steering Committee and a review of the proposed settlement. Manager Lothery stated there have been no changes from the first reading. Mayor Newton opened the public hearing at 11:18 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:18 p.m. Councilmember Dodson made a motion to approve Ordinance O-19-2092 and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6d Ordinance O-19-2093 Amending Ordinance O-18-2059 relating to the Fiscal Year 2019 budget Mayor Newton read the caption of Ordinance O-19-2093. Assistant City Manager Mark Wood presented this item, stating that the general fund, utility fund and drainage fund will have surpluses at year end. Staff is City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 12 currently estimating the following transfers of surplus from the stated funds into the capital improvements fund: General Fund - $1.5 million; Utility Fund - $500,000; and Drainage Fund - $200,000. Mayor Newton opened the public hearing at 11:22 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:22 p.m. Councilmember Kelley made a motion to approve Ordinance O-19-2093 and Councilmember Wheat seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6e Ordinance O-19-2094 Adoption of the proposed Fiscal Year 2020 budget Mayor Newton read the caption of Ordinance O-19-2094. Assistant City Manager Mark Wood presented this item, stating the proposed budget calls for the effective tax rate for an unheard of second consecutive year. Manager Wood noted City Council has reviewed and provided direction throughout the budget process and this is the culmination of months of work by staff and City Council. Manager Wood gave a high level overview of FY2020 and stated the big focus is on efficiency and the intent to use the most restrictive funds first. He then reviewed property values and the proposed tax rate, and proposed revenues and expenditures by fund. He also stated the proposed budget continues to adapt processes to sustain a leaner staffing model, is able to absorb health insurance cost increases with savings from eliminated positions, continues operational efficiencies to absorb operating cost increases, and better aligns capital expenditures with capital funds. The Mayor and Council complimented City staff for doing a great job of running the City efficiently while improving service levels to its citizens and not putting the burden of cost savings on the employees. Mayor Newton said Colleyville is very blessed. Mayor Newton opened the public hearing at 11:44 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:45 p.m. City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 13 Councilmember Rigney made a motion to approve Ordinance O-19-2094 and Councilmember Dodson seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6f Ordinance O-19-2095 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2020 Mayor Newton read the caption of Ordinance O-19-2095. Assistant City Manager Mark Wood presented this item. The calculated FY2020 effective tax rate is $0.306807 per $100 valuation and the proposed tax rate is the effective tax rate of $0.306807 per $100 valuation. Manager Wood stated the current tax rate is $0.3208 per $100 of valuation. The proposed tax rate lowers the tax rate by $0.013993, and by adopting the effective tax rate, the City Council is lowering the tax rate to offset the increasing property values determined by the Tarrant Appraisal District, in order to collect the same amount of revenue as the prior year, excluding new growth. Mayor Newton opened the public hearing at 11:47 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:47 p.m. Councilmember Rigney made a motion to approve Ordinance O-19-2095 and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. At 11:45 p.m. a unanimous vote was taken to continue beyond midnight if City Council has not concluded the business. 6g Ordinance O-19-2096 An ordinance amending Section 3 - Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances, to implement updated base rates Mayor Newton read the caption of Ordinance O-19-2096. Assistant City Manager Mark Wood presented this item. He highlighted the history of the Water and Wastewater Rate Advisory Committee work and implementation for rate establishment and CIP funds. Manager Wood stated this item proposes to City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 14 leave the water and sewer rates paid by citizens the same, but lower the water base rate by $.02, the wastewater rate by $.41, and increase the CIP transfer by $.43. Mayor Newton opened the public hearing at 11:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:51 p.m. Councilmember Dodson made a motion to approve Ordinance O-19-2096 and Councilmember Wheat seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6h Ordinance O-19-2097 Amending the City’s fee schedule by amending and restating Section 2-26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Newton read the caption of Ordinance O-19-2097. Assistant City Manager Mark Wood presented this item. There was general discussion regarding trash removal fees at Colleyville Center. Mayor Newton opened the public hearing at 11:57 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:57 p.m. Mayor Newton reconvened the meeting at 9:09 p.m. and began with item 7a. 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2098 Request to appeal the decision by the Planning & Zoning Commission for the consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19-010 Mayor Newton read the caption of Ordinance O-19-2098. Community Development Director Ben Bryner presented this item stating a super majority vote will be required as the Planning and Zoning Commission made a motion to approve the request with a stipulation that it be for beer and wine sales City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 15 only. The motion failed by a vote of 3-1 and a failed motion is a recommendation for denial, which requires a favorable vote of three-fourths (3/4) of all members of the City Council for approval of the request. Director Bryner reviewed the CC-1 zoning, building plans, and proposed hours of operation. There was general discussion regarding the number of parking spaces, installation of a brick wall, and lighting. Mayor Newton stated in general he is a proponent for this item, however, he wants to understand the neighbor’s concerns and attempt to mitigate those concerns. Mayor Newton opened the public hearing at 9:21 p.m. Rusty Nail, 4608 Dartmoore Lane, spoke in support of this item, stating he feels it’s a great opportunity and Colleyville needs more restaurants. Richard Novak, 5109 Oak Timbers Court, spoke in opposition to this item, stating his home backs up to the restaurant and he has concerns regarding live bands, liquor sales, lights, and noise. Denise LaPasta, 5113 Oak Timbers Court, spoke in opposition to this item, stating she believes the opposition from those who live in the neighborhood should be counted as more significant than those in favor of the item, who do not live in the neighborhood. Pat Carew, 5108 Oak Timbers Court, spoke in opposition to this item with concern for having a bar in the back yard, and loud music versus an acoustic guitar. Mr. Nail spoke again, noting the restaurant proposes closing at 10:00 p.m. and would not be in violation of the noise ordinance. Mr. Novak spoke again, noting there are other locations for this type of restaurant and asked the applicant and City Council to consider those locations which would not be met with opposition. The following did not wish to speak but wanted to be on record in support: Jim Oboyski, 528 Hidden Meadow Drive, Keller, Christine Glaser, 6909 Sir Spencer Court, Lee Koch, 900 Saddlebrook Drive, Mark and Kim Harrison, 1421 Douglas, Karl Meek, 6204 Rock Dove Circle, Lisa Pardo, 904 Saddlebrook Drive. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:53 p.m. City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 16 There was discussion between the City Council and staff regarding the rights within the zoning. Paul Pardo, 904 Saddlebrook Drive, the applicant, presented a 3D video rendering of the expected interior and exterior of the restaurant and stated the food is made from scratch, they anticipate using local vendors, employ local people, and expect to create $150,000 to $160,000 of tax revenue in the first year. Mayor Newton asked Mr. Pardo if there were any ways to mitigate the concerns which have been heard tonight. Mr. Pardo stated he wants to work with the neighbors and could do the following: Plant trees and enclose a portion of the patio to mitigate noise. He stated the music which would be played would be background dinner music, they could adjust the speakers downward, and live music would be acoustical. Mr. Pardo stated they can remove the word bar from their name, so the restaurant would be known as the Stone House Restaurant. Mr. Pardo also stated he is opposed to the suggestion of BYOB, the restaurant will have certified bar tenders. Mr. Pardo, at the request of Mayor Newton, stated his menu will be contemporary eclectic, serving scratch recipes, pasta, pizza, steak, and fish. Councilmember Kelley asked Mr. Pardo if TABC certified bar tenders are more responsible than a BYOB server and if this is why he is opposed to BYOB. Mr. Pardon stated his establishment is nicer than that and yes, TABC certified bar tenders have a higher standard. Councilmember Nakamura asked Mr. Pardo who will manage the restaurant. Mr. Pardo introduced Jim Hanser, who managed Del Frisco for 15 years. Mayor Pro Tem Lindamood stated one of the reasons the Council changed to 60/40 was to entice high end restaurants to the City and he appreciates the investment the Pardo’s are making in the community. Mayor Newton declared a recess at 10:22 p.m. and reconvened at 10:29 p.m. Mayor Newton stated this is a first reading and the second reading will require a super majority vote, however, the next scheduled meeting is October 2, 2019 and two Councilmembers will not be present. Mayor Newton stated he had been asked to call a special meeting, however, he will leave it up to the applicant. Mr. Pardo stated he would like the special meeting. Councilmember Rigney stated she could not be present for a special meeting due to previous obligations. Mr. Pardo stated he would still like to move forward with a special meeting. City Council Minutes - DRAFT September 17, 2019 City of Colleyville Page 17 Mayor Newton asked those in attendance to be aware a special meeting will be called for Monday, September 23, 2019 at 6:00 p.m. to hear and decide this item. This was a first reading, therefore, City Council did not take action. Councilmember Nakamura stated for the record, she has not missed any City Council meetings and noted her late arrival to Executive Session was due to a work engagement and she cannot be present for the special meeting. 8. CITIZEN COMMENTS There were no speakers. 9. REPORTS April 29, 2019 Parks and Recreation Advisory Board Minutes July 9, 2018 Planning and Zoning Commission Minutes July 23, 2018 Planning and Zoning Commission Worksession Minutes July 23, 2018 Planning and Zoning Commission Minutes August 27, 2018 Planning and Zoning Commission Worksession Minutes There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 17, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4421 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 11:59 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 2ND DAY OF OCTOBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 10/2/2019 Number Resolution R-19-4423 Type Resolution Department Police Title Approval to purchase 42 body cameras and related chargers, clips, and warranties, in an amount not to exceed $96,748, and authorizing the City Manager to execute the agreement Strategic Plan 1.1 Actively involve and engage stakeholders 2.3 Effectively leverage information technology Explanation Reading and Public Hearing During the FY2020 budget meetings, the proposed Body Camera Program was discussed with the City Manager’s Office and City Council. In support of pursuing this important initiative, staff was directed to move forward to secure 42 body cameras, chargers, and clips (outfitting all officers). The infrastructure, servers, and storage are already procured as part of the WatchGuard in-car video system completed last year. This item seeks approval to move forward with the purchase of body cameras, chargers, clips, and three year warranties on the equipment for all police officers in an amount not to exceed $96,748. Financial Impact Funding is available from the Vehicle & Equipment Replacement Fund balance. Recommendation Approve Attachments 1.Watch Guard Quote 4RE/VISTA Price Quote 415 E. Exchange Parkway • Allen, TX • 75002 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com Page 1 of 2 CUSTOMER:Colleyville Police Department ISSUED: 9/20/2019 2:55 PM EXPIRATION: 11/30/2019 12:00 PM , ,, ,,, TOTAL PROJECT ESTIMATED AT: $96,748.00 ATTENTION:Chuck Tinsman SALES CONTACT: Izzy Valdovino PHONE:817-503-1200 DIRECT: E-MAIL: E-MAIL: izzy.v@motorolasolutions.com 4RE and VISTA Proposal VISTA HD Cameras and Options Part Number Detail Qty Direct Discount Total Price VIS-EXT-WIF-001 VISTA HD Wi-Fi Extended Capacity Wearable Camera with 9 hours continuous HD recording. Includes one camera mount, 32 GB of storage, Wi-Fi docking base, Smart PoE Switch,cables and 1 year warranty. 17.00 $1,445.00 $0.00 $24,565.00 VIS-EXT-WIF-001 VISTA HD WiFi Additional Camera Only 25.00 $995.00 $0.00 $24,875.00 VIS-CHG-BS2-KIT VISTA Charging Base R2 Kit, incl. Power and USB Cables 42.00 $95.00 $0.00 $3,990.00 VIS-VTS-DTC-001 VISTA Transfer Station Assy, 8 Cameras, Ethernet, DEV 144, Enhanced ESD Protection 1.00 $1,495.00 $0.00 $1,495.00 VIS-MNT-MOL-001 VISTA HD, Molle Vest Adapter Clip 42.00 $20.00 $0.00 $840.00 VIS-CHG-MAG-001 Charging Cable, VISTA QuickConnect 12V Magnetic Mobile Charging Kit 17.00 $99.00 $0.00 $1,683.00 VISTA HD Warranties Part Number Detail Qty Direct Discount Total Price WAR-VIS-WIF-NOF 3 Year VISTA WiFi, No-Fault Hardware and Software Maintenance Bundle 42.00 $650.00 $0.00 $27,300.00 Evidence Library 4 Web Software and Licensing Part Number Detail Qty Direct Discount Total Price KEY-EL4-DEV-002 Evidence Library 4 Web VISTA Device License Key 42.00 $150.00 $0.00 $6,300.00 Software Maintenance and CLOUD-Share Part Number Detail Qty Direct Discount Total Price SFW-EL4-CLD-BAS Evidence Library 4 Web CLOUD - SHARE - Basic for VISTA 126.00 $0.00 $0.00 $0.00 WatchGuard Video Technical Services Part Number Detail Qty Direct Discount Total Price SVC-4RE-INS-100 4RE System Installation, In-Car (Per Unit Charge) 17.00 $150.00 $0.00 $2,550.00 4RE/VISTA Price Quote 415 E. Exchange Parkway • Allen, TX • 75002 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com Page 2 of 2 SVC-4RE-ONS-400 4RE System Setup, Configuration, Testing and Training (WG-TS) 1.00 $2,500.00 $0.00 $2,500.00 Shipping and Handling Part Number Detail Qty Direct Discount Total Price Freight Shipping/Handling and Processing Charges 1.00 $650.00 $0.00 $650.00 $96,748.00 Total Estimated Tax, may vary from State to State $0.00 Configuration Discounts $0.00 Additional Quote Discount $0.00 Total Amount $96,748.00 NOTE: This is only an estimate for 4RE & VISTA related hardware, software and WG Technical Services. Actual costs related to a turn-key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs associated with configuration, support and installation. Please contact your sales representative for more details. To accept this quotation, sign, date and return with Purchase Order: _______________________________ DATE: _______________ City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 10/2/2019 Number Resolution R-19-4423 Type Resolution Department Engineering Title Approval of a Professional Services Agreement with Baird, Hampton & Brown, in an amount not to exceed $78,535, for the design of the John McCain Road Hike & Bike Trail Project, and authorizing the City Manager to execute the agreement Strategic Plan 3.4 Thoroughly plan for future capital investments and associated costs Explanation Reading and Public Hearing In September 2019, City Council approved the 2020-2024 Capital Improvement Program by Resolution R-19-4220, which included the design of the John McCain Road Hike & Bike Trail Project. The design and construction of the improvements are scheduled for Fiscal Year 2020. The project consists of approximately 2,210 linear feet (LF) of 10' concrete trail and 1,215 LF of 5' concrete sidewalk to connect portions of the existing trails along John McCain Road, in order to provide a continuous safe and paved route from Stillwater Circle to Colleyville Boulevard. The proposed alignment of the hike and bike trail will be designed to minimize its impact to existing drainage patterns; however, it is anticipated that roadway and drainage culverts will need to be modified as part of this project. The City recently completed a Request for Qualifications process for professional engineering services. This process resulted in a total of 53 submittals from various professional engineering firms. Based on a review of the 53 submitted Statements of Qualifications, as well as an interview with the firm, staff recommends the use of Baird, Hampton & Brown for this project. If approved, Baird, Hampton & Brown will design the John McCain Road Hike & Bike Trail along with drainage modifications and prepare the engineering drawings for construction of this project. The proposed engineering design proposal is comprised of basic services, in the amount of $73,185 and special services in the amount of $5,350, which are billed on an hourly/as-needed basis, for a total design cost of $78,535. The Engineer's Opinion of Probable Construction Cost (OPCC) for this project is $596,000. City Council Agenda Briefing 4c City of Colleyville Page 2 Funding for the professional services agreement for the John McCain Road Hike & Bike Trail Project is available in the Tax Increment Financing (TIF) fund. Recommendation Approve Attachments 1.PSA BHB John McCain Hike & Bike 2.Resolution R-19-4420 Financial Impact PAGE 1 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT John McCain Hike & Bike Trail This Professional Services Agreement (“Agreement”) is made by and between the City of Colleyville (“City”), and Baird, Hampton & Brown (“Professional”) (each a “Party” and collectively the “Parties”), acting by and through their respective authorized representatives. RECITALS WHEREAS, City desires Professional to perform certain work and services set forth in Section 1, Scope of Services and WHEREAS, Professional has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in said Scope of Services, and enumerated under Section 1, of this Agreement; NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, City and Professional agree as follows: Section 1. Scope of Services Upon issuance of a written Notice to Proceed by City, Professional agrees to provide to City the professional services for the John McCain Hike & Bike Trail (“Project”), as set forth in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference (the “Scope of Services”). Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Professional completes the services required herein to the satisfaction of City, unless sooner terminated as provided in Section 8, below. Section 3. Professional Obligations A. Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should City require additional services not included under this Agreement, Professional shall make reasonable effort to provide such additional services in accordance with the fee schedule set forth in Exhibit “A”, attached hereto and incorporated herein by reference, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. B. To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of City. The cost of such PAGE 2 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT personnel and assistance shall be a reimbursable expense to Professional only if authorized in writing in advance by City. C. Professional shall furnish and pay for all labor, tools, materials, equipment, supplies, transportation and management necessary to perform all services set forth in the Scope of Services. Section 4. Payment A. City agrees to pay Professional for all services authorized in writing and properly performed by Professional in accordance with the payment schedule set forth in Exhibit “A,” attached hereto and incorporated herein by reference, subject to additions or deletions for changes or extras agreed upon in writing. All payments to Professional by City shall be based on detailed monthly invoices submitted by Professional for work performed and accepted by City, less any previous payments. Payment will be due within 30 days of the City’s receipt of an approved invoice. B. City reserves the right to delay, without penalty, any payment to Professional when, in the opinion of City, Professional has not made satisfactory progress on the Project as described in the Scope of Services. C. The total compensation to Professional shall be as specified in payment schedule set forth in Exhibit “A”, which shall not exceed SEVENTY-EIGHT THOUSAND FIVE HUNDRED AND THIRTY-FIVE AND NO/100 DOLLARS ($78,535). City may deduct from any amounts due or to become due to Professional any sum or sums owing by Professional to City. In the event of any breach by Professional of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against City, or Citys premises, arising out of Professionals performance of this Agreement, City shall have the right to retain out of any payments due or to become due to Professional an amount sufficient to completely protect City from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by Professional. Section 5. Responsibilities A. Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the design, drawings, specifications, plans and other services. B. Neither Citys review, approval/acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professionals negligent performance of any of the services furnished under this Agreement. PAGE 3 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT C. The rights and remedies of City under this Agreement are as provided by law. Section 6. Time for Performance A. Professional shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with Citys requirements. B. In the event Professionals performance of this Agreement is delayed or interfered with by acts of the City or others, Professional may request an extension of time for the performance of same as hereinafter provided but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to Professional, unless Professional shall have made written request upon City for such extension within forty-eight (48) hours after the cause for such extension occurred, and unless City and Professional have agreed in writing upon the allowance of additional time to be made. Section 7. Documents A. All surveys, studies, proposals, applications, drawings, plans, specifications and other documents, including those in electronic form, prepared by Professional and its consultants, subcontractors, agents, representatives, and/or employees in connection with this Agreement (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, subcontractors, agents, representatives, and/or employees shall be deemed the authors of their respective part of the Project Documents. Notwithstanding, upon payment by City as required by this Agreement, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights (except copyrights held by the Professional) in and to all Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City upon payment of Professional as provided in this Agreement. City shall have the right to publish, disclose, distribute and otherwise use Project Documents in accordance with the Engineering Practice Act of the State of Texas (Texas Occupation Code, Chapter 1001, as amended) and/or Texas Occupations Code, Chapter 1051, as amended. Professional shall, upon completion of the services and full payment for Professional’s services by the City, or earlier termination and appropriate compensation as provided by this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement in a TIFF, JPEG or PDF format, and a DXF format in current version of AutoCAD with NAD-83 coordinate format of all such instruments of service to the City. B. All instruments of service (including plans, specifications, drawings, reports, designs, computations, computer programs, computer code, software, estimates, surveys, other PAGE 4 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT data or work items, etc.) prepared under this Agreement shall be submitted for approval of City. All instruments of service shall be professionally sealed as may be required by law or by City. C. Acceptance and approval of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents and consultants for the accuracy or competency of their designs, working drawings and specifications, or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in the designs, working drawings and specifications, or other documents prepared by Professional, its employees, contractor, agents and consultants. Section 8. Termination A. City may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to Professional. In the event suspension or termination is without cause, payment to Professional, in accordance with the terms of this Agreement, will be made on the basis of services reasonably determined by City to be satisfactorily performed to the date of suspension or termination. Such payment will be due upon delivery of all instruments of service to City. B. Should City require a modification of this Agreement with Professional, and in the event City and Professional fail to agree upon a modification to this Agreement, City shall have the option of terminating this Agreement and Professionals services hereunder at no additional cost other than the payment to Professional, in accordance with the terms of this Agreement, for the services reasonably determined by City to be properly performed by Professional prior to such termination date. C. Termination for Force Majeure. To the extent either Party of this agreement shall be wholly or partially prevented from the performance of the term specified, or of any obligation or duty placed on such party by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, or other specific cause reasonably beyond the parties control and not attributable to its malfeasance, neglect or nonfeasance. In such event, the time for performance of such obligation or duty shall be suspended until such disability to perform is removed. Section 9. Insurance A. Professional shall during the term hereof maintain in full force and effect the following insurance: (i) A commercial general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage; PAGE 5 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT (ii) An automobile liability insurance policy covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) Statutory Worker’s Compensation Insurance at the statutory limits and Employers ’ Liability covering all of Professional’s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (iv) Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limit of not less than $1,000,000.00 per claim and $1,000,000.00 in the aggregate. B. All insurance and certificate(s) of insurance shall contain the following provisions: (i) Name the City, its officers, and employees as additional insureds as to all applicable coverage (not including the Workers Compensation Insurance and Professional Liability); (ii) Provide for at least thirty (30) days prior written notice to the City for cancellation or non-renewal of the insurance or reduction in coverage limits; and (iii) Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance (not including the Professional Liability Insurance). C. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. D. A certificate of insurance evidencing the required insurance and all endorsements shall be delivered to City prior to commencement of services. Section 12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY INDEMNITEES”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER PAGE 6 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY INDEMNITEES. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE PROFESSIONAL SHALL INDEMNIFY THE CITY INDEMNITEE ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO PROFESSIONAL, ITS OFFICERS, AGENTS, OR EMPLOYEES AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 13. Assignment Professional shall not assign or sublet this Agreement, or any part thereof, without the prior written consent of City. Section 14. Applicable Laws Professional shall comply with all Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and building codes relating or applicable to services to be performed under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court Section 15. Default of Professional In the event, Professional fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within ten (10) days after written notice by City to Professional, City may, at its sole discretion without prejudice to any other right or remedy: A. Terminate this Agreement and be relieved of the payment of any further consideration to Professional except for all work determined by City to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including PAGE 7 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT reasonable salaries and travel expenses of Professional to and from meetings called by City at which Professional is required to attend, but shall not include any loss of profit of Professional. In the event of such termination, City may proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by re-subletting to others. B. City may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of Professional. Section 16. Adjustments in Services No claims for extra services, additional services or changes in the services will be made by Professional without a written agreement with City prior to the performance of such services. Section 17. Execution becomes Effective This Agreement will be effective on the date when signed by authorized representatives of Professional and City (“the Effective Date”). Section 18. Agreement Amendments This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the Parties except as may be otherwise provided therein. Section 19. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Section 20. Independent Contractor. It is understood and agreed by and between the Parties that Professional in satisfying the conditions of this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Professional’s actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third party beneficiary to this Agreement. Section 21. Right-Of-Access. PAGE 8 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT City will obtain and/or furnish right-of-access on any project site for Professional to perform any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services. Section 22. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If to City: Jerry Ducay, City Manager City of Colleyville 100 Main Street Colleyville, Texas 75077 With copy to: Whitt L. Wyatt, City Attorney c/o City Secretary 100 Main Street, 3rd Floor Colleyville, Texas 76034 If to Professional: Konstantine Bakintas, PE Principal, Sr. Civil Engineer Baird, Hampton & Brown 3801 William D. Date, Suite 500 Grapevine, Texas 76051 Section 23. Counterparts. This Agreement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties. Section 24. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Section 25. Survival of Obligations. Any of the representations and obligations of the Parties, as well as any rights and benefits of the Parties pertaining to a period of time following the termination of this Agreement shall survive termination. PAGE 9 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT Section 26. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. Section 27. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. Section 28. Recitals. The recitals to this Agreement are incorporated herein. Section 29. Audits and Records. Professional agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner. Section 30. Conflicts of Interests. Professional represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. Section 31. Hazardous Materials. Professional shall report the presence and location of any hazardous materials it notices or which an engineer of similar skill and experience should have noticed to the City. (Signature page to follow) PAGE 10 CITY OF COLLEYVILLE PROFESSIONAL SERVICES AGREEMENT EXECUTED on October 2, 2019. CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay, City Manager APPROVED AS TO FORM: By: __________________________________ Whitt L. Wyatt, City Attorney (Staff:NF:Date:09/12/2019:GovDox.Rev7.12.2019) EXECUTED this the ____ day of ____________________, 20___. BAIRD, HAMPTON & BROWN By: Konstantine Bakintas, PE Principal, Sr. Civil Engineer EXHIBIT “A” John McCain Hike & Bike Trail SCOPE OF SERVICES 2019.08.22 Engineering Services Exhibits.pdf, 58140 (attached) ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 1 of 14 BASIC ENGINEERING SERVICES for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville The City of Colleyville has identified a hike and bike trail project to connect portions of existing trails along John McCain Road in order to provide a continuous paved route. This improvement consists of approximately 2,210 LF of 10’ concrete trail and 1,215 LF of 5’ concrete sidewalk. The existing roadway, John McCain Road, from Stillwater Circle to Waldon Court, currently has two segments of concrete hike and bike trail along this length, totaling approximately 1,190 LF. The proposed hike and bike trail will connect to these existing portions. In the project vicinity, John McCain Road consists of a rural cross-section with asphaltic pavement and borrow ditches. The proposed alignment of the hike and bike trail will be designed to minimize its impact on existing drainage patterns. However, it is anticipated that existing roadway and driveway culverts will need to be modified as part of this effort. The scope of work for BASIC Engineering Services includes the Topographic Survey, Project Plans, Specifications, Contract Documents and Estimates for the above described hike and bike trail and drainage improvements. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY’s staff during the Concept Design (30%), Preliminary (65%) and Final Plan (95%) phases of the PROJECT. 2. The ENGINEER, if requested, will assist the CITY’s staff in a meeting with property owners during the Preliminary phase of the PROJECT. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT’s design. 2. Supervision of Subconsultants The ENGINEER will establish a work program and schedule for each subconsultant, if any, at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 2 of 14 C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. Texas 811 (DigTess / One Call) and the City of Colleyville will be notified prior to beginning the survey. Utilities identified by paint or pin flags on the ground will be included in the survey data collected. 3. A location map/schematic will be provided with the Concept Report to the affected utility companies. These plans will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 4. The ENGINEER will solicit Record/As-Built Drawings and/or future plans for the following facilities in the PROJECT area: i. Roadways ii. Water Lines iii. Sanitary Sewer Lines iv. Storm Drain Lines v. Telephone Underground and/or Overhead Lines vi. Electric Underground and/or Overhead Lines vii. Natural Gas Lines 5. The ENGINEER will identify potential utility conflicts and provide this information to utility companies at the Preliminary Plans phase. II. SURVEYING A. Establish Survey Control Establish survey control along the project alignments as necessary. These control points will be established based on and tied to established CITY horizontal and vertical control points. The horizontal control for the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation, if available. Control points will be established using GPS and/or conventional surveying methods. B. Surveying for Engineering Design Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services. Surveying shall include the following: a. Locate Public ROW or easement and topographically survey visible surface features within the ROW of the alignment or easement. Locate property corners sufficient to determine location of ROW or easement and any platted easements that are within or crossing the project limits. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 3 of 14 b. Topographic survey will include: 1. CONCRETE FLAT WORK 2. PAVEMENT (STREET AND DRIVEWAY) 3. LEAD WALKS and MAIL BOXES 4. UTILITY POLES & SIGN POSTS 5. WATER VALVE BOX LIDS 6. MANHOLE LIDS & FLOWLINES 7. FIRE HYDRANTS 8. TREES (4-inches and larger) 9. FENCES / WALLS / DECKS 10. ALL MARKED UTILITIES c. Record elevation data at visible break lines and at a minimum of every 50 feet; and provide 1-ft elevation contours as may be appropriate. C. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the limits of the PROJECT will be surveyed as noted above. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. These efforts equate to a Subsurface Utility Engineering (SUE) Quality Level D & C, and shall be performed in accordance with CI/ASCE 38-02. III. CONCEPT DESIGN PLANS A. Hike and Bike Trail 1. Proposed hike and bike trail, borrow ditch and culvert modifications, dimensions and other pertinent information will be presented over the topographic survey. 2. Existing Right-of-Way and Easements will be noted, and proposed easements (if needed) identified. B. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER’s opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. C. Submit Concept Report for Review 1. Submit an electronic (PDF) and three (3) printed sets of the concept plans for CITY review. IV. PLANS, SPECS & ESTIMATES ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 4 of 14 A. Prepare Preliminary (65%) Design Plans 1. Incorporate CITY review comments and directives from the Concept Report. 2. Develop dimensioned hike and bike trail layouts over actual field surveys. 3. Plans and profiles shall be at a scale of no less than 1”=40’ and no more than 1”=20’; profiles will document all critical crossings. 4. Update Quantities and Cost Estimate. 5. Submit an electronic (PDF) and three (3) printed sets of plans and estimates for CITY review. 6. Attend project review meeting with CITY. B. Prepare Final (95%) Design Plans 1. Incorporate CITY review comments and directives from the Preliminary Plans submittal. 2. Complete hike and bike trail Plans (as needed). 3. Prepare Construction Details. 4. Prepare Project Specification and Contract Documents. 5. Update Quantities and OPC. 6. Submit an electronic (PDF) and three (3) printed sets for CITY review. 7. Attend project review meeting with CITY. C. Prepare Final Bid Documents 1. Incorporate CITY review comments and directives from the Final (95%) Design plans. 2. Provide final plans, specifications, and cost estimates. 3. Submit two (2) sets of final bid documents for CITY approval and bidding. V. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement in an official publication. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. B. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders and maintaining a Bidders List. C. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY the proper action on all proposals received. D. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. E. Conduct, in company with the Contractor and the CITY, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 5 of 14 F. Prepare Record Drawings, with the assistance of the CITY's Resident PROJECT Representative, to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit one (1) printed set of Record Drawings and electronic files (in pdf and dwg formats), to the CITY. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 6 of 14 SPECIAL (ADDITIONAL) SERVICES for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville The scope of work for BASIC Engineering Services involves providing the necessary Topographic Surveying for the engineering design of the hike and bike trail improvements. The scope of work for the SPECIAL Engineering Services is more generally described as follows: I. SURVEYING A. Easements & Right-of-Way - Prepare legal description (Exhibit A) and exhibit (Exhibit B) for any required Water Line Easement and/or Right-of-Way. II. LIMITED CONSTRUCTION ADMINISTRATION A. Represent the CITY in the non-resident administration of the PROJECT, as requested. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve periodic, exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders, if required. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. III. OTHER ENGINEERING SERVICES A. Assist w/Neighborhood Meeting to inform affected property owners; if requested. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 7 of 14 HOURLY AND/OR ADDITIONAL ENGINEERING SERVICES for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. HOURLY and/or ADDITIONAL Engineering services in connection with the PROJECT and described above, and including services which are to be furnished on an hourly basis or by the CITY, and services not otherwise provided for in this Agreement, will be provided at the following rates: ENGINEERING & LANDSCAPE ARCHITECTURE LAND SURVEYING SERVICES Engineering & Mgmt., Principal $ 240.00 /hr Surveying Services, Senior RPLS $ 150.00 /hr Project Management $ 170.00 /hr Surveying Services, RPLS $ 130.00 /hr Engineering Services, Senior PE $ 170.00 /hr CAD/ Survey Services, Senior Tech. $ 115.00 /hr Engineering Services – PE $ 115.00 /hr CAD/Technical Survey Services $ 90.00 /hr Engineering Services – EIT $ 95.00 /hr Land Surveying Research $ 90.00 /hr Design Services, Senior Designer $ 115.00 /hr Field Surveying - 1 Person Crew $ 145.00 /hr Design Services by Designer $ 90.00 /hr Field Surveying - 2 Person Crew $ 165.00 /hr CAD/Drafting Services $ 70.00 /hr GIS Technical Services $ 75.00 /hr Landscape Architecture - LA $ 120.00 /hr Clerical Services $ 60.00 /hr ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 8 of 14 CITY PROVIDED INFORMATION/SERVICES for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available Record Drawings for existing streets and drainage facilities, if available. III. Provide any available Record Drawings for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from local franchise utility companies. V. Provide standard details in digital format. VI. Assist the ENGINEER by coordinating with the franchise utility companies and addressing potential conflicts prior to construction. VII. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, if/when required. VIII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 9 of 14 EXHIBIT A PROJECT LOCATION MAP for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville John McCain Road Hike & Bike Trail ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 10 of 14 EXHIBIT B OPINION OF PROBABLE CONSTRUCTION COST for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville OPINION OF PROBABLE COST From a budgetary perspective, and without the benefit a survey, we’ve prepared an Opinion of Probable Cost; see Exhibit B. This estimate will be refined as the project moves forward to the Concept Report, Preliminary Plans and Final Plans phases. Drainage Improvements $ 145,000 Hike & Bike Trail $ 451,000 OPINION OF PROBABLE COST TOTAL $ 596,000 Note: Opinions of Probable Construction Cost do not include easement acquisition (if any). ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 11 of 14 EXHBIT C PROJECT SCHEDULE for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville PROJECT SCHEDULE A detailed Project Schedule, which includes surveying, engineering, bidding and construction, has been prepared and enclosed herewith. The schedule has been prepared with assumptions as to the responsiveness of the franchise utility companies and the timeliness of city reviews. The schedule may be summarized as follows: Pre-Engineering & Surveying 20 Working Days Concept Plans 35 “ “ Preliminary Plans 35 “ “ Final Construction Plans 35 “ “ Bid, Award & Contract 90 “ “ Construction 75 “ “ Project Timeline 290 Days - from 09/16/2019 thru 10/23/20 Please Note: The above schedule provides for approximately four months for franchise utility adjustments – if needed. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 12 of 14 EXHIBIT D COMPENSATION for JOHN McCAIN HIKE & BIKE TRAIL IMPROVEMENTS City of Colleyville I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive, the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER’s office. A. Compensation for the Basic Services (Surveying, Engineering Report, Plans, Specs & Estimates and limited Construction Support Services) shall be a lump sum fee of Seventy- Three Thousand One Hundred Eighty-Five ($73,185.00) Dollars. The Design phase portion of the Basic Engineering Services shall be computed at approximately 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at approximately 10% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for any requested Assistance, with Neighborhood Meetings or Construction Support Services of the Special Services, shall be due in monthly installments and per the contract hourly billing rates schedule. B. Compensation for Special Engineering and Surveying Services not covered by the Basic Engineering Services provided herein above shall be as follows: Assist w/Neighborhood Meeting $1,750 / Hourly Utility Easement Exhibits $1,600 Each / Hourly Limited Construction Administration $2,000 / Hourly Direct Costs (Printing, Reproduction, etc.) Prints, Copies, Travel, Etc. At Cost Plus 10% ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 13 of 14 C. Compensation for Special and/or Additional Engineering and Surveying Services not covered by Basic Services provided herein shall be as follows: 1. For all of ENGINEER's personnel time applied to the Additional Engineering Services and not itemized above, the following hourly rates shall be used: ENGINEERING & LANDSCAPE ARCHITECTURE LAND SURVEYING SERVICES Engineering & Mgmt., Principal $ 240.00 /hr Surveying Services, Senior RPLS $ 150.00 /hr Project Management $ 170.00 /hr Surveying Services, RPLS $ 130.00 /hr Engineering Services, Senior PE $ 170.00 /hr CAD/ Survey Services, Senior Tech. $ 110.00 /hr Engineering Services – PE $ 115.00 /hr CAD/Technical Survey Services $ 90.00 /hr Engineering Services – EIT $ 95.00 /hr Land Surveying Research $ 90.00 /hr Design Services, Senior Designer $ 115.00 /hr Field Surveying - 1 Person Crew $ 145.00 /hr Design Services by Designer $ 90.00 /hr Field Surveying - 2 Person Crew $ 165.00 /hr CAD/Drafting Services $ 70.00 /hr GIS Technical Services $ 75.00 /hr Landscape Architecture - LA $ 120.00 /hr Clerical Services $ 60.00 /hr 2. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. D. Compensation for the Basic Engineering Services (Surveying, Concept Report, Plans, Specs & Estimates and limited Construction Support Services) PLUS an estimated amount for Special Engineering & Surveying Services (on an hourly basis and as needed) shall be a contract Not-to-Exceed Amount of Seventy-Eight Thousand Five Hundred and Thirty-Five ($78,535.00) Dollars. II. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement, and shall be in proportion to the percent completion of the total work. Invoices will be prepared in a format approved by the CITY; see format on the following page; and are due and payable within 30 days. ENGINEERING SERVICES FOR THE CITY OF COLLEYVILLE BY BAIRD, HAMPTON & BROWN John McCain Road Hike & Bike Trail (August 2019) Page 14 of 14 Proposed Invoice Format Contract Percent Amount Previoulsy Amount Due Amount Complete To Date Invoiced This Invoice BASIC SERVICES (fixed fee amount) 73,185.00$ 0% -$ -$ 1 Surveying Services 15,250.00 0% -$ -$ 2 Concept Design Report 17,445.00 0% -$ -$ 3 Preliminary Plans & Estimates 18,510.00 0% -$ -$ 4 Final Plans, Specs & Estimates 14,300.00 0% -$ -$ 5 Limited Constr. Admin. Services 7,680.00 0% -$ -$ SPECIAL SERVICES (Hourly) 5,350.00$ Assist w/Neighborhood Meeting (Hourly) 1,750.00$ Utility & Temp. Constr. Easements (Each) 1,600.00$ Additional Constr. Admin. Support (Hourly) 2,000.00$ Total for Professional Services 78,535.00$ Item / Task Description RESOLUTION R-19-4420 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 17, 2019 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of September 3, 2019 b. Approval of the minutes of the City Council Worksession of August 27, 2019 c. Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool TexPool/Texpool Prime) as required by TexPool Participant Services d. Adoption of the Fiscal Year 2020 to 2024 Capital Improvement Program (CIP) e. Approval of an amendment to the Professional Services Agreement with Baird, Hampton & Brown, amending the design parameters for the Pleasant Run Water Line Project from John McCain to N. City Limits) to include an emergency interconnect meter and vault, full -depth pavement rehabilitation, drainage improvements, and a hike and bike trail, in an amount not to exceed $161,360.00, and authorize the City Manager to execute the amendment f. Approval of a construction services agreement with Northridge Construction Group, for the Fire Station Renovation Project, in an amount not to exceed 368,983, and authorizing the City Manager to execute the agreement Resolution R-19-4420 Page 2 of 2 g. Approval of an amendment to the Professional Services Agreement with TranSystems, amending the design parameters to include modifying current design of the Bluebonnet package and performing an environmental study of the Bluebonnet area, in an amount not to exceed 121,382.00, and authorize the City Manager to execute the amendment h. Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $206,623.40, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the contract price i. Approval of an Interlocal Agreement between the City of Colleyville and the DFW International Airport Board for the provision of K-9 explosive detection services for special events, and authorizing the City Manager to execute the agreement j. Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Curtis Road, Herbert Road, Shelton Drive, Beverly Drive, Leta Lane/Duane Street, and Suellen, Circle and authorizing the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 17TH DAY OF SEPTEMBER 2019. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: C t(r°ijti/ Christine Loven, TRMC City Secretary T( YVILLE 11 Richard Newton Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 10/2/2019 Number Resolution R-19-4423 Type Resolution Department Engineering Title Approval of a construction services agreement with Mobil Construction Corporation for the FY 2020 Miscellaneous Concrete Repair Contract, in an amount not to exceed $475,000, and authorizing the City Manager to execute the agreement Strategic Plan 3.1 Upgrade the condition of major roads and neighborhood streets Explanation Reading and Public Hearing On September 17, 2019, the City Council approved Resolution R-19-4420, adopting the Capital Improvement Program (CIP) Fiscal Year 2020-2024. The CIP includes $400,000 for Miscellaneous Concrete Rehabilitation and $75,000 for the construction of a parking facility for the Central Fire Station. Staff is proposing to use the same contractor for both projects. Staff has prepared a concrete rehabilitation program for Fiscal Year 2020. There are sufficient quantities of work items included in the proposed contract to perform miscellaneous and emergency repairs throughout the City. The addition of the construction of parking facility for the Central Fire Station to the same contractor will save time and expedite construction. Public notification of the invitation for bids was advertised in the Fort Worth Star- Telegram on July 28, August 04, 11, 18, and 25, 2019. The notice to bidders and bid packet were posted on CivCast for free downloading and distributed to the Dodge Lead Center, BlueBook Building and Construction Network, and Construct Connect, which includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of local contractors who may be interested in the bid opportunity. The project had 55 plan holders, of which 32 were general contractors, 8 sub-contractors, 1 engineer, 3 suppliers, 5 plan rooms, 1 manufacturer and 5 other. The City received five sealed bids, which were opened and publicly read aloud on September 17, 2019. City Council Agenda Briefing 4d City of Colleyville Page 2 Financial Impact $400,000 is available in the Capital Projects Funds $75,000 is available in the Tax Incremental Fund (TIF) Form 1295 - Acknowledged by City Recommendation Approve Attachments 1.Bid Tabulation 2.Construction Services Agreement for Mobil Construction 3.Form 1295 Certificate 4.Approved CIP Resolution R-19-4420 CITY OF COLLEYVILLE Lowest Bid 2nd Lowest Bid 3rd 4th 5th FY 2020 Miscellaneous Concrete Project 1 2 3 4 5 9/17/2019 NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Removal of Concrete Sidewalk, including all incidentals, in accordance with City of Colleyville Standards and Specifications SY 1000 18.00$ 18,000.00$ 22.50$ 22,500.00$ 36.00$ 36,000.00$ 18.00$ 18,000.00$ 46.32$ 46,320.00$ 2 Removal of Concrete Sidewalk Ramps, including all incidentals, in accordance with City of Colleyville Standards and Specifications SY 250 18.00$ 4,500.00$ 22.50$ 5,625.00$ 45.00$ 11,250.00$ 25.00$ 6,250.00$ 48.92$ 12,230.00$ 3 Removal Structure (Inlets), including all incidentals, in accordance with City of Colleyville Standards and Specifications EA 5 850.00$ 4,250.00$ 3,200.00$ 16,000.00$ 2,000.00$ 10,000.00$ 750.00$ 3,750.00$ 2,622.92$ 13,114.60$ 4 Replacement of Concrete Sidewalk, including all incidentals, in accordance with City of Colleyville Standards and SY 1000 52.00$ 52,000.00$ 70.00$ 70,000.00$ 50.00$ 50,000.00$ 70.00$ 70,000.00$ 87.92$ 87,920.00$ 5 Install Concrete Sidewalk, including all incidentals, in accordance with City of Colleyville Standards and Specifications SY 250 126.00$ 31,500.00$ 74.00$ 18,500.00$ 60.00$ 15,000.00$ 70.00$ 17,500.00$ 107.42$ 26,855.00$ 6 Removal and Replacement of Concrete Sidewalk (Exposed Aggregate), including all incidentals, in accordance with City of Colleyville Standards and Specifications SY 250 114.00$ 28,500.00$ 88.00$ 22,000.00$ 100.00$ 25,000.00$ 95.00$ 23,750.00$ 120.42$ 30,105.00$ 7 Install ADA compliant curb ramp per TXDOT’s details and Specifications, including all incidentals, transition and tie-ins, complete in place, EA 50 2,100.00$ 105,000.00$ 2,200.00$ 110,000.00$ 1,600.00$ 80,000.00$ 2,500.00$ 125,000.00$ 1,647.92$ 82,396.00$ 8 Removal and Replacement of Concrete Paving using high early concrete achieving at least 70 percent strength with 24 hours, including 8” cement treated base material and all incidentals in accordance with City of Colleyville Standards and Specifications SY 1500 138.00$ 207,000.00$ 92.00$ 138,000.00$ 150.00$ 225,000.00$ 185.00$ 277,500.00$ 160.72$ 241,080.00$ 9 Removal and Replace Drive Approach using high early concrete achieving at least 70 percent strength with 24 hours, including 2” sand cushion material and all incidentals, in accordance with City of Colleyville Standards and Specifications SY 250 138.00$ 34,500.00$ 89.50$ 22,375.00$ 100.00$ 25,000.00$ 170.00$ 42,500.00$ 133.42$ 33,355.00$ 10 Removal and Replace Drive Approach (Exposed Aggregate) using high early concrete achieving at least 70 percent strength with 24 hours,, including 2” sand cushion material and all incidentals, in accordance with City of Colleyville Standards and Specifications SY 100 154.00$ 15,400.00$ 135.00$ 13,500.00$ 110.00$ 11,000.00$ 180.00$ 18,000.00$ 146.42$ 14,642.00$ 11 Traffic Control for Arterial and Collector Streets; :EA 3 5,800.00$ 17,400.00$ 10,000.00$ 30,000.00$ 6,000.00$ 18,000.00$ 1,000.00$ 3,000.00$ 20,822.92$ 62,468.76$ 12 Install 6 inch thick Concrete Trail, (8’ – 10 ‘) including all incidentals, in accordance with City of Colleyville Standards and Specifications SY 1000 70.00$ 70,000.00$ 86.50$ 86,500.00$ 80.00$ 80,000.00$ 90.00$ 90,000.00$ 103.52$ 103,520.00$ 13 Removal and Replacement of Concrete Curb and Gutter with a minimum thickness of 6” reinforced concrete, including 6” of cement treated base material and all incidentals, includes the removal and replacement of HMAC transitions in accordance with City of Colleyville Standards and Specifications LF 2500 35.00$ 87,500.00$ 56.00$ 140,000.00$ 58.00$ 145,000.00$ 65.00$ 162,500.00$ 61.92$ 154,800.00$ 14 Install Concrete Curb and Gutter with a minimum thickness of 6” reinforced concrete, including 6” of cement treated base material and all incidentals, includes the removal and replacement of HMAC transitions in accordance with City of Colleyville Standards and Specifications LF 250 32.00$ 8,000.00$ 55.00$ 13,750.00$ 45.00$ 11,250.00$ 55.00$ 13,750.00$ 55.42$ 13,855.00$ 15 Removal and Replacement of Miscellaneous Concrete in accordance with City of Colleyville Standards and Specifications SY 1250 92.00$ 115,000.00$ 95.00$ 118,750.00$ 100.00$ 125,000.00$ 130.00$ 162,500.00$ 126.92$ 158,650.00$ 16 Install Miscellaneous Concrete in accordance with City of Colleyville Standards and Specifications SY 250 73.00$ 18,250.00$ 100.00$ 25,000.00$ 80.00$ 20,000.00$ 125.00$ 31,250.00$ 87.92$ 21,980.00$ 17 Removal and Replace Concrete Valley Gutter with minimum thickness of 6" reinforced concrete, including 8" cement treated base material and all incidentals, complete in place in accordance with City of Colleyville Standards and Specifications SY 500 90.00$ 45,000.00$ 47.50$ 23750.00 150.00$ 75,000.00$ 150.00$ 75,000.00$ 160.72$ 80,360.00$ 18 Install Concrete Valley Gutter with minimum thickness of 6" reinforced concrete, including 8" cement treated base material and all incidentals, complete in place in accordance with City of Colleyville Standards and Specifications SY 250 104.00$ 26,000.00$ 100.00$ 25,000.00$ 120.00$ 30,000.00$ 140.00$ 35,000.00$ 139.92$ 34,980.00$ 19 Placement of miscellaneous concrete for Public Utilities Pads, in accordance with City of Colleyville Standards and Specifications SY 250 73.00$ 18,250.00$ 100.00$ 25,000.00$ 80.00$ 20,000.00$ 250.00$ 62,500.00$ 126.92$ 31,730.00$ 20 Concrete Structure (10’- Inlet), cast-in-place complete and in place, in accordance with City of Colleyville Standards and Specifications EA 3 13,000.00$ 39,000.00$ 7,500.00$ 22,500.00$ 8,000.00$ 24,000.00$ 7,500.00$ 22,500.00$ 11,072.92$ 33,218.76$ 21 Concrete Structure (15’- Inlet), cast-in-place complete and in place, in accordance with City of Colleyville Standards and Specifications EA 3 18,000.00$ 54,000.00$ 7,500.00$ 22,500.00$ 10,000.00$ 30,000.00$ 9,500.00$ 28,500.00$ 15,622.92$ 46,868.76$ 22 Furnish and Install Concrete Structure (Safety End Treatment) (6:1), complete and in place, in accordance with City of Colleyville Standards and Specifications EA 3 4,000.00$ 12,000.00$ 4,600.00$ 13,800.00$ 5,000.00$ 15,000.00$ 12,500.00$ 37,500.00$ 5,905.42$ 17,716.26$ 23 Furnish and install matching sod and approved top soil on disturbed areas as needed and level with existing sod, complete and in place in accordance with City of Colleyville Standards and Specifications SY 2500 8.00$ 20,000.00$ 18.50$ 46,250.00$ 16.00$ 40,000.00$ 15.00$ 37,500.00$ 38.52$ 96,300.00$ 24 Construction Contingency LS 1 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 1,106,050.00$ 1,106,300.00$ 1,196,500.00$ 1,438,750.00$ 1,519,465.14$ Lowest Bid 2nd Lowest Bid 3rd 4th 5th 1 2 3 4 5 Joe Funk ConstructionReliable Paving IncBIDSMobil Construction Arreguin Group Inc Cam-Crete Contracting Inc Construction Services Agreement (Project # ENG-2020-001) Page 1 CONSTRUCTION SERVICES AGREEMENT FY 2020 Miscellaneous Concrete Repair This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between Mobil Construction Corporation, LLC, a Texas Limited Liability Company, hereinafter called "CONTRACTOR", and the City of Colleyville, Texas, hereinafter called "CITY". RECITALS WHEREAS, CITY desires CONTRACTOR to perform certain work and services set forth in Section 1 (the “Scope of Services”), and WHEREAS, CONTRACTOR has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents, and enumerated under Section 1, of this Agreement; NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, CITY and CONTRACTOR agree as follows: Section 1. Scope of Services Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide to CITY the necessary services, labor, materials, equipment and supplies related to the Colleyville FY 2020 Miscellaneous Concrete Repair (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents. Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until CONTRACTOR completes the services required herein to the satisfaction of CITY and has been paid in full by City, unless sooner terminated as provided in Section 9, below. Section 3. Contract Documents A. This Agreement is a part of the Contract Documents, which include: 1) This Agreement, including all exhibits and addenda hereto; 2) CITY’S Specifications and Contract Documents for the Project contained in the City’s Invitation for Bid # ENG-2020-001 (“Bid Packet”); 3) CITY’S written notice(s) to proceed to the CONTRACTOR; 4) Properly authorized change orders; 5) CONTRACTOR’s Bid Proposal (“Proposal” and/or “Response”); and 6) Any other materials distributed by the CITY that relate to the Project. In the event there exists a conflict between any term, provision and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this Section. If discrepancies are found that may impact construction of the Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. Construction Services Agreement (Project # ENG-2020-001) Page 2 Section 4. Contractor Obligations A. CONTRACTOR shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should CITY require additional services not included under this Agreement, CONTRACTOR shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by CITY; and without decreasing the effectiveness of the performance of services required under this Agreement. B. To the extent reasonably necessary for CONTRACTOR to perform the services under this Agreement, CONTRACTOR shall be authorized to engage the services of any agents, assistants, persons, or corporations that CONTRACTOR may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of CITY. The cost of such personnel and assistance shall be a reimbursable expense to CONTRACTOR only if authorized in writing in advance by CITY. C. Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Scope of Services. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have well known, technical or trade meaning shall be held to refer to such recognized standards. D. CONTRACTOR shall comply with all laws, ordinances, rules and regulations governing CONTRACTOR's performance of this Agreement. E. All minor details of the work not specifically mentioned in the Scope of Services or Project Drawings but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. CONTRACTOR will not be entitled to any additional compensation therefor unless specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement shall be understood to mean and include all work that may be required by C ITY to be done by CONTRACTOR to accomplish any alteration or addition to the work as shown on the Project Drawings. It is agreed that CONTRACTOR shall perform all extra work under the direction of the City's Representative when presented with a written work order signed by the City's Representative, subject, however, to the right of CONTRACTOR to require written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed in the work order. F. CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and suppliers of machinery and parts thereof, equipment, power tools, all supplies incurred in the furtherance of the performance of this Agreement. When CITY requests, CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Section 5. Payment A. CITY agrees to pay CONTRACTOR for all services authorized in writing and properly performed by CONTRACTOR in a total amount not to exceed FOUR HUNDRED AND SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($475,000) (“Contract Price”), subject to additions or deletions for changes or extras agreed upon in writing. Unless otherwise provided herein, payment to CONTRACTOR shall be monthly based on the CONTRACTOR’S monthly progress report and detailed monthly itemized statement for services that shows the names of the CONTRACTOR’S employees, agents, contractors Construction Services Agreement (Project # ENG-2020-001) Page 3 performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form reasonably acceptable to CITY. CITY shall pay such monthly statements within thirty (30) days after receipt and CITY verification of the services. B.CITY may deduct from any amounts due or to become due to CONTRACTOR any sum or sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against CITY, or the CITY'S premises, arising out of CONTRACTOR's performance of this Agreement, CITY shall have the right to retain out of any payments due or to become due to CONTRACTOR an amount sufficient to completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by CONTRACTOR. C.CITY may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1)Defective work not remedied; (2)Claims filed or reasonable evidence indicating possible filing of claims; (3)Failure of CONTRACTOR to make payments promptly to subcontractors or for material or labor which CITY may pay as an agent for the CONTRACTOR; or (4)Damages to another contractor or subcontractor. When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to CITY which will protect CITY in the amount withheld because of said grounds, CITY will release the amounts withheld. Section 6. Responsibilities A.CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. B.Neither CITY's review, approval or acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR's negligent performance of any of the services furnished under this Agreement. C.The rights and remedies of CITY under this Agreement are as provided by law. Section 7. Time for Performance A. CONTRACTOR shall perform all services as provided for under this Agreement on an as-needed basis; in a proper, efficient, timely, and professional manner in accordance with CITY'S requirements. CONTRACTOR shall begin work immediately upon the effective starting date(s) identified in each notice to proceed issued by the City. Construction Services Agreement (Project # ENG-2020-001) Page 4 B. In the event CONTRACTOR's performance of this Agreement is delayed or interfered with by acts of the CITY or others, CONTRACTOR may request an extension of time for the performance of same as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for such extension within forty-eight (48) hours after the cause for such extension occurred, an d unless CITY and CONTRACTOR have agreed in writing upon the allowance of additional time to be made. D. CONTRACTOR understands and agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as may otherwise be provided for extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to $1,000 per day. E. In case CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if CONTRACTOR fails to comply with the orders of the CITY, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds may be notified in writing by CITY and directed to complete the work (at CITY’S sole discretion), and a copy of said notice shall be delivered to CONTRACTOR. After receiving said notice of abandonment, CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the CITY or the Surety on the performance bond, or another contractor in completion of the work; and CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Nothing in this section shall be deemed a waiver of any remedy available to the CITY under this Agreement and the CITY shall retain all remedies upon default provided in Section 14 herein. (1) In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within Ten (10) days after service such notice, then the CITY may provide for completion of the work in either of the following elective manners: a. The CITY may employ such force of labor and use such machinery, equipment, tools, materials and supplies as said CITY may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the CITY out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or its Surety shall pay the amount of such excess to the CITY; or b. The CITY under sealed bids, when and in the manner required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Agreement. In the case of any increase in cost to the CITY under the new contract as compared to what would have been the Construction Services Agreement (Project # ENG-2020-001) Page 5 cost under this Agreement, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the CONTRACTOR and/his Surety shall be credited therewith. Section 8. Ownership of Project; Bill of Sale A. CONTRACTOR warrants that title to all work, including all equipment and materials incorporated into the Project, will pass to CITY no later than the time of final payment. CONTRACTOR further warrants that upon payment by CITY, all Work for which payments have been received from CITY shall be free and clear of liens, claims, security interests or other encumbrances in favor of CONTRACTOR or any other person or entity whatsoever. B. CONTRACTOR agrees to assign to CITY at the time of completion of the Scope of Services all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees to perform the Project in such manner to preserve all manufacturer’s warranties. If necessary as a matter of law, CONTRACTOR may retain the right to enforce directly any such manufacturers’ warranti es during the one year period following the date of acceptance of the Project by City. Section 9. Termination A. CITY may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to CONTRACTOR. In the event suspension or termination is without cause, payment to CONTRACTOR, in accordance with the terms of this Agreement, will be made based on services reasonably determined by CITY to be satisfactorily performed to the date of suspension or termination. Such paymen t will be due upon delivery of all instruments of service to CITY. B. If CITY requires a modification of this Agreement with CONTRACTOR, and in the event CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY shall have the option of terminating this Agreement and CONTRACTOR's services hereunder at no additional cost other than the payment to CONTRACTOR, in accordance with the terms of this Agreement, for the services reasonably determined by CITY to be properly performed by CONTRACTOR prior to such termination date. Section 10. Insurance A. CONTRACTOR shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the CONTRACTOR’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate for injury to persons (including death), and for property damage; and (2) a policy of automobile liability insurance covering any vehicles owned and/or operated by CONTRACTOR, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00 combined single limit and aggregate for bodily injury and property damage; and Construction Services Agreement (Project # ENG-2020-001) Page 6 (3) statutory Worker’s Compensation Insurance at the statutory limits and Employers Liability covering all of CONTRACTOR’s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00. B. All insurance and certificate(s) of insurance shall: (1) provide for at least thirty (30) days prior written notice to CITY for cancellation or non - renewal of the insurance; and (2) name CITY, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; and (3) provide for a waiver of subrogation against CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. C. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. D. A certificate of insurance evidencing the required insurance and all endorsements shall be submitted prior to commencement of services. Contractor shall provide written notice to CITY of any material change of or to the insurance required herein. Section 11. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Construction Services Agreement (Project # ENG-2020-001) Page 7 Section 12. Assignment CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the prior written consent of CITY. Section 13. Applicable Laws CONTRACTOR shall comply with all Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and building codes relating or applicable to services to be performed under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court Section 14. Default of CONTRACTOR In the event CONTRACTOR fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within ten (10) days after written notice by CITY to CONTRACTOR, CITY may, at its sole discretion without prejudice to any other right or remedy: A. Terminate this Agreement and be relieved of the payment of any further consideration to CONTRACTOR except for all work determined by CITY to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of CONTRACTOR to and from meetings called by CITY at which CONTRACTOR is required to attend, but shall not include any loss of profit of CONTRACTOR. In the event, of such termination, CITY may proceed to complete the services in any manner deemed proper by CITY, either by the use of its own forces or by resubletting to others. B. CITY may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of CONTRACTOR. Section 15. Adjustments in Services No claims for extra services, additional services or changes in the services will be made by CONTRACTOR without a written agreement with CITY prior to the performance of such services. Section 16. Execution Becomes Effective This Agreement will be effective upon signing of the Agreement by authorized representatives of CONTRACTOR and CITY. Section 17. Agreement Amendments This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the parties except as may be otherwise provided therein. Construction Services Agreement (Project # ENG-2020-001) Page 8 Section 18. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Section 19. Independent Contractor. In satisfying the conditions of and providing the services under this Agreement, CONTRACTOR is acting independently, and CITY assumes no responsibility or liabilities to any third party in connection with CONTRACTOR’s actions. All services to be performed by CONTRACTOR pursuant to this Agreement shall be in the capacity of an independent contractor and not as an agent or employee of CITY. CONTRACTOR shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. Section 20. Right-Of-Access. CITY will obtain and/or furnish right-of-access on any project site for CONTRACTOR to perform any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services. CONTRACTOR will take reasonable precautions to minimize damage to the personal or real property in the performance of such surveys, tests, studies and investigations. Section 21. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If to CITY: City Manager Attn: Jerry Ducay City of Colleyville 100 Main Street Colleyville, Texas 76034 With copy to: Whitt L. Wyatt, City Attorney c/o City Secretary 100 Main Street, 3rd Floor Colleyville, Texas 76034 If to CONTRACTOR: Mobil Construction Corporation, LLC Attn: Alex Valladares Executive Vice President 5215 O'Connor Blvd, 11th Floor Irving, Texas 75039 Section 22. Counterparts This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the Construction Services Agreement (Project # ENG-2020-001) Page 9 same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. Section 23. Recitals; Exhibits. All recitals and exhibits attached hereto are incorporated and made a part hereof for all purposes. Section 24. Survival of Obligations. Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. Section 25. Sales and Use Taxes CONTRACTOR understands and acknowledges that CITY is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project or otherwise incorporated into the Project. CITY agrees to provide CONTRACTOR such documentation as may otherwise be required by state law to allow CONTRACTOR to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. ***Signature page to follow*** Construction Services Agreement (Project # ENG-2020-001) Page 10 EXECUTED on October 2, 2019 CITY OF COLLEYVILLE, TEXAS By:_____________________________________ Jerry Ducay, City Manager ATTEST: _________________________________ Christine Loven, City Secretary APPROVED AS TO FORM: ________________________________ Whitt L. Wyatt, City Attorney Staff:DE:Date:September 24, 2019:v4.2019 EXECUTED on this the ____ day of ____________________, 20___. CONTRACTOR Mobil Construction Corporation, LLC By: _____________________________________ Alex Valladares Executive Vice President RESOLUTION R-19-4420 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 17, 2019 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of September 3, 2019 b. Approval of the minutes of the City Council Worksession of August 27, 2019 c. Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool TexPool/Texpool Prime) as required by TexPool Participant Services d. Adoption of the Fiscal Year 2020 to 2024 Capital Improvement Program (CIP) e. Approval of an amendment to the Professional Services Agreement with Baird, Hampton & Brown, amending the design parameters for the Pleasant Run Water Line Project from John McCain to N. City Limits) to include an emergency interconnect meter and vault, full -depth pavement rehabilitation, drainage improvements, and a hike and bike trail, in an amount not to exceed $161,360.00, and authorize the City Manager to execute the amendment f. Approval of a construction services agreement with Northridge Construction Group, for the Fire Station Renovation Project, in an amount not to exceed 368,983, and authorizing the City Manager to execute the agreement Resolution R-19-4420 Page 2 of 2 g. Approval of an amendment to the Professional Services Agreement with TranSystems, amending the design parameters to include modifying current design of the Bluebonnet package and performing an environmental study of the Bluebonnet area, in an amount not to exceed 121,382.00, and authorize the City Manager to execute the amendment h. Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $206,623.40, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the contract price i. Approval of an Interlocal Agreement between the City of Colleyville and the DFW International Airport Board for the provision of K-9 explosive detection services for special events, and authorizing the City Manager to execute the agreement j. Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Curtis Road, Herbert Road, Shelton Drive, Beverly Drive, Leta Lane/Duane Street, and Suellen, Circle and authorizing the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 17TH DAY OF SEPTEMBER 2019. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: C t(r°ijti/ Christine Loven, TRMC City Secretary T( YVILLE 11 Richard Newton Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4e Agenda Date 10/2/2019 Number Resolution R-19-4423 Type Resolution Department Engineering Title Approval of a Local Transportation Project Advance Funding Agreement for the reconstruction of Cheek-Sparger Road (San Bar Lane to Oak Briar Lane), and authorizing the City Manager to execute the agreement Strategic Plan 3.1 Upgrade the condition of major roads and neighborhood streets 5.4 Actively seek public/private partnerships Explanation Reading and Public Hearing On September 18, 2018, Council approved by Resolution R-18-4305, the City Manager to execute a Local Project Advance Funding agreement for the 2015 Highway Safety Improvement Program (HSIP) for the reconstruction of Cheek-Sparger Road from San Bar Lane to Oakbriar Lane including the addition of shoulders, curb and gutter, and storm drain. The City received notification from TxDOT in May 2019, the funding for this agreement was no longer available through the HSIP program. Staff has worked diligently with both TxDOT to secure a new funding source for this project. The result is the attached advance funding agreement which states costs will be allocated based on 80% federal funding and 20% local funding. Local participation will also includes engineering and environmental services. Financial Impact The City is responsible for all design and environmental costs and 20% of the reconstruction project, for an estimated City cost total of $901,391. Funding is available in the Tax Increment Financing (TIF) fund. Form 1295 - not applicable Recommendation Approve Attachments 1.Local Transportation Advance Funding Agreement 2.Master Agreement (MAFA) City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 10/2/2019 Number Ordinance O-19-2099 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premise Consumption on Lot 1, Block 1, of the Towne Square Addition, located at 5604 Colleyville Boulevard, Suite A & B, Case ZC19-011 Strategic Plan 4.2 Encourage compatible commercial growth Explanation First Reading and Public Hearing Morris Ghandi and Juliette Gonzalez, of Ruggeri’s Pescatore Italiano Restaurant, have submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5604 Colleyville Boulevard, Suites A & B. Alcoholic beverage sales for on-premise consumption are allowed in the CC-2 Shopping Center district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-2 and generally located on the west side of Colleyville Boulevard, south of Hall-Johnson Road. The subject property is a platted lot and currently developed with a multi-tenant commercial building. Suites A & B, the proposed location of the restaurant, were previously occupied by a fitness business. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow alcoholic beverage sales for on-premise consumption in conjunction with a new restaurant at this location. The applicant is requesting to sell and serve alcohol as part of the Ruggeri’s Pescatore Italiano Restaurant menu. The applicant proposes the following hours of operation as a component of the SUP request: Sunday – Thursday: 5:00 p.m. – 9:00 p.m. Friday - Saturday: 5:00 p.m. – 9:30 p.m. Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premise consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption) City Council Agenda Briefing 5a City of Colleyville Page 2 (2) Submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval, (3) Submission of completed TABC License paperwork to the TABC, (4) The issuance of an Alcoholic Beverage License through the City Secretary’s Office. · Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Language is typically added for SUPs to automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. · Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. · Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 40 percent of gross receipts). Analysis: The applicant proposes to operate the business in a similar manner to its previous restaurant at a different location in the City. The requested location is in compliance with the distance requirements of the Code of Ordinances, and the applicant is proposing to comply with the 40/60 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Surrounding Development: The properties to the south and east are zoned CC-2 Shopping Center district and developed with commercial buildings. The property to the north is zoned CN Neighborhood Commercial and is improved with office buildings. The property to the west is zoned R-20 Single Family Residential and is improved with homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Central Sector of the Colleyville Boulevard Corridor. This area has been identified as having the greatest potential to become a true center of activity by tying together major commercial and entertainment centers along the Corridor. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified City Council Agenda Briefing 5a City of Colleyville Page 3 per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP) to authorize the sale of alcoholic beverages for on-premises consumption for the Ruggeri’s Pescatore Italiano Restaurant at 5604 Colleyville Boulevard, Suites A & B. The proposed business is consistent with the previous uses along Colleyville Boulevard and should not adversely impact surrounding uses. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission recommended approval of the request at their September 9, 2019 meeting by a vote of 4-0. Financial Impact There is no fiscal impact to the City of Colleyville for this item. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Exhibits 6.Notification Map 7.Property Owner Notification 8.Notification List 9.Ordinance O-19-2099 5604 5600 5601 5611 5603 5700 12115705 5605 5609 5606 5520 5708 5607 5601 5701 5609 5703 5699 5615 1215 COLLEYVILLE BOULEVARDHIDDEN OAKS DRIVEAerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property 1209 5604 5600 5601 1009 5611 5701 5603 5700 5501 1006 5801 1008 1210 5510 1007 1211 5725 5705 5709 5605 5707 5609 1109 1007 5606 1205 5520 1207 5605 5708 1006 5607 5601 5701 5609 5703 5699 12011008 1008 5615 5712 1215 HIDDEN OAKS DRIVECOLLEYVILLE BOULEVARDHALL JOHNSON ROAD D O G W O O D CO URT CHURCH S T R E E T R-20 CN AG CC-1 CC-1 PU D-C CC-2 PU D-C CC-1 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property 1005 0 1209 5604 5600 5601 1004 1009 5611 1007 5701 1005 5603 5700 5655 5501 1006 1008 5801 1008 1210 5510 1007 1211 5725 5705 5709 1004 5605 5707 5609 1109 1007 5606 1205 5520 5505 1207 5605 5708 1006 5607 5601 5500 5611 5701 5609 5703 5699 1201 1008 1008 5615 5712 1215 CHURCHSTREET COLLEYVILLE BOULEVARDHIDDEN OAKS DRIVED O G W O O D CO URT HID DE N O A KS CO UR T HALL JOHNSON ROAD Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property Sales Tax Preferred Intersection Residential Colleyville Blvd Corridor 1005 0 1209 5604 5600 5645 5601 1004 1009 5611 1007 5701 1005 5603 5700 5655 5501 1006 1008 1008 5801 1008 1210 5510 5665 1007 1211 1003 5413 5725 5705 5709 1004 5605 5707 5609 1109 1007 5301 5606 1205 5520 5505 1207 5605 5708 1006 5607 1221 1100 5601 5300 5500 5611 5701 5609 5703 5699 5800 5200 1201 1008 1008 5615 5712 1215 1201 COLLEYVILLE BOULEVARDRIVERWALK DRIVECHURCHSTREETHIDDEN OAKS DRIVEBO G AR T DR I V E D O G W O O D CO URT HIDDEN OA KS COURT HALL JOHNSON ROAD Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, September 9, 2019 at 7:00 p.m. City Council Meetings: Wednesday, October 2, 2019 & Tuesday, October 15, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales – On- Premises Consumption. The purpose is to allow for the sale of alcohol at the proposed business Ruggeri’s Pescatore Italiano. Zoning Case: ZC19-011 Applicant: Morris Ghandi and Juliette Gonzalez Owner: Eagle-Colleyville Towne Square Location: 5604 Colleyville Boulevard, Suite A&B Property Description: Lot 1, Block 1, of the Towne Square Addition Present Zoning: CC-2 Shopping Center District This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-a-l/community-development/active- development-cases For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City Owner Zip Situs Address WILDER, ROBERT J 1005 HIDDEN OAKS CT COLLEYVILLE, TX 76034 1005 HIDDEN OAKS CT MILLER, DOUGLAS L 7112 PLEASANT RUN RD COLLEYVILLE, TX 76034 1209 HALL JOHNSON RD CORE-FULMER, SARAH ELIZABETH 5604 HIDDEN OAKS CT COLLEYVILLE, TX 76034 5604 HIDDEN OAKS DR EAGLE-COLLEYVILLE TOWNE SQUARE 5430 LBJ FWY STE 1200 DALLAS, TX 75240 5600 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1100 CHURCH ST CHARLES & ROB LTD 8235 DOUGLAS AVE STE 815 DALLAS, TX 75225 5601 COLLEYVILLE BLVD KINGETER, SCOTT 5611 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5611 HIDDEN OAKS DR FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX 76034 1007 CHURCH ST ROB & CHARLES LTD 8235 DOUGLAS AVE STE 815 DALLAS, TX 75225 5701 COLLEYVILLE BLVD CORGAN, KYLE D 5603 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5603 HIDDEN OAKS DR G W J COMPANY 1100 FOUNTAIN PKWY GRAND PRAIRIE, TX 75050 5700 COLLEYVILLE BLVD MOVIE GRILL CONCEPTS XXVIII LL 12404 PARK CENTRAL DR STE 400N DALLAS, TX 75251 5655 BLUEBONNET DR TCG PL INVESTORS LLC 12720 HILLCREST RD STE 650 DALLAS, TX 75230 5501 COLLEYVILLE BLVD COLLEYVILLE CHURCH OF CHRIST 1008 CHURCH ST COLLEYVILLE, TX 76034 1008 CHURCH ST UMLOR, STEVEN H 5801 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5801 HIDDEN OAKS DR PEGASUS LIVING TRUST 1008 HIDDEN OAKS CT COLLEYVILLE, TX 76034 1008 HIDDEN OAKS CT BEALL LEGACY PARTNERS LP 5712 COLLYVILLE BLVD STE 200 COLLEYVILLE, TX 76034 1210 HALL JOHNSON RD DEDIEGO FAMILY TRUST 405 LOCKE DR APTOS, CA 95003 5510 COLLEYVILLE BLVD GOODING, JOHN 1007 HIDDEN OAKS CT COLLEYVILLE, TX 76034 1007 HIDDEN OAKS CT ADRASTOS LLC 1500 OAK LN SOUTHLAKE, TX 76092 1211 HALL JOHNSON RD R P GANTOS VENTURES LLC 7213 COTTONWOOD CT NORTH RICHLAND HILLS, TX 76182 5413 COLLEYVILLE BLVD BLUEBONNET HILLS MEMORIAL PK PO BOX 130548 HOUSTON, TX 77219 5725 COLLEYVILLE BLVD LUNSFORD, JANET S 5705 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5705 HIDDEN OAKS DR HOCH, JEANNE M 5709 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5709 HIDDEN OAKS DR LEACH, TERRY 5605 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5605 HIDDEN OAKS DR MARSHALL, D MICHAEL 5707 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5707 HIDDEN OAKS DR HJ ROAD 26 LTD PO BOX 1703 COLLEYVILLE, TX 76034 5609 COLLEYVILLE BLVD JD JUDD REALTY HOLDINGS LLC 1109 CHURCH ST COLLEYVILLE, TX 76034 1109 CHURCH ST LILLIS, JAMES 5606 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5606 HIDDEN OAKS DR HENNESSEY PROPERTIES & INV LLC 1205 HALL JOHNSON RD COLLEYVILLE, TX 76034 1205 HALL JOHNSON RD BOTTOM FAMILY TRUST 1401 FOUNTAINGROVE PKWY # M117 SANTA ROSA, CA 95403 5520 COLLEYVILLE BLVD VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX 75204 5505 COLLEYVILLE BLVD BAYOUPEAK INVESTMENTS LLC 7005 EDEN RD NORTH RICHLAND HILLS, TX 76180 1207 HALL JOHNSON RD VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX 75204 5605 COLLEYVILLE BLVD G W J COMPANY 1100 FOUNTAIN PKWY GRAND PRAIRIE, TX 75050 5708 COLLEYVILLE BLVD RICHMOND, FREDRIC D 5607 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5607 HIDDEN OAKS DR CHIVAKULA, LAKSHMI 4104 CHARBRAY CT CEDAR PARK, TX 78613 5601 HIDDEN OAKS DR HTA-COLLEYVILLE HOSPITAL LLC 16435 N SCOTTSDALE RD STE 320 SCOTTSDALE, AZ 85254 5500 COLLEYVILLE BLVD ANTONETTI, ROBERT 5701 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5701 HIDDEN OAKS DR TREMAYNE, M W 5609 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5609 HIDDEN OAKS DR NYQUIST, JOHN 5703 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5703 HIDDEN OAKS DR JERI & HOLLY LTD 5329 MONTROSE DR DALLAS, TX 75209 5699 COLLEYVILLE BLVD JNS LIVING TRUST PO BOX 1948 COLLEYVILLE, TX 76034 1201 HALL JOHNSON RD COLLEYVILLE CHURCH OF CHRIST 1008 CHURCH ST COLLEYVILLE, TX 76034 1008 CHURCH ST VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX 75204 5615 COLLEYVILLE BLVD BEALL LEGACY PARTNERS LP 5712 COLLYVILLE BLVD STE 200 COLLEYVILLE, TX 76034 5712 COLLEYVILLE BLVD G W J COMPANY 1100 FOUNTAIN PKWY GRAND PRAIRIE, TX 75050 1215 HALL JOHNSON RD BRANCH BANKING & TRUST CO 150 S STRATFORD RD STE 400 WINSTON SALEM, NC 27104 1201 CHURCH ST HIDDEN OAKS ESTATES 909 DOGWOOD COURT COLLEYVILLE, TX 76034 COURTESY NOTICE KINGSWOOD ESTATES-COLLEYVILLE P.O. BOX 978 COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED GHANDI, MORRIS AND GONZALEZ, JULIETTE 7651 CYPRESS COURT NORTH RICHLAND HILLS, TX 76182 APPLICANT ORDINANCE O-19-2099 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1 OF THE TOWNE SQUARE ADDITION, LOCATED AT 5604 COLLEYVILLE BOULEVARD, SUITES A & B, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for on-premise consumption of alcohol under Case No. ZC19-011; 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 Ordinance O-19-2099 Page 2 of 4 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1, Block 1, of the Towne Square Addition, located at 5604 Colleyville Boulevard, Suites A & B, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit “A”, Exhibit “B”, and Exhibit “C”. 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.The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b.The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “Ruggeri’s Pescatore Italiano”. c.The 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. Ordinance O-19-2099 Page 3 of 4 d.All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a.The hours of operation shall not exceed the following schedule: Sunday – Thursday: 5:00 p.m. – 9:00 p.m. Friday- Saturday: 5:00 p.m. – 9:30 p.m. 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 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 2nd day of October 2019. The second reading and public hearing being conducted on the 15th day of October 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 15TH DAY OF OCTOBER 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson Ordinance O-19-2099 Page 4 of 4 ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” – Zoning Map Exhibit “B” – Aerial Map Exhibit “C” – Site Exhibit City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 10/2/2019 Number Resolution R-19-4424 Type Resolution Department City Secretary Title Appointing a member to the Planning and Zoning Commission Strategic Plan 1.2 Develop future community leaders Explanation Reading and Public Hearing There is one (1) vacancy, Place 3, on the Planning and Zoning Commission whose term expires September 2020. The position was advertised beginning June 8 and applications are still being accepted. Eight applications have been received to date and are attached: Mark Alphonso Lee Taylor Anderson Mathew Antony George Bond Matthew Little Becky Mata Sayeda Syed Larry Williamson, Jr. This resolution provides for City Council to consider an appointment to fill the vacancy on the Planning and Zoning Commission. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Planning and Zoning Applications for Appointment 2.Resolution R-19-4424 Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline. These forms are available by contacting the City Secretary at 817.503.1130. Download the financial disclosure form here. Board, Commission, or Committee Preference: (only those with current openings) 1.________________________________________________________________ 2.________________________________________________________________ 3.________________________________________________________________ Name: __ Ms. __ Mrs. __ Mr. __________________________________________ Address: Home Phone: _ Work Phone: _________________ E-mail Address: Fax: ___ I understand attendance and active support is required for each appointee. ___ I understand I am required to comply with the Texas Open Meetings Act training. ___ I understand I must bring my own device to meetings to view packet information. ___ By checking this line, I consent to the City’s use and release of all information provided in this application, to include the address, telephone, and email address provided. ___ Additional materials attached. 1.City service and experience, civic organizations, knowledge, experience, or education applicable to Board, Commission, or Committee function: 2.What do you perceive your role will be in serving on a board, commission, or committee? 3.In your opinion, what policies/programs/assets of Colleyville are working well? 4.What are some issues in Colleyville that may require change? 5.If you could influence the City in just one way, what would that be? 6.Please share with us your vision for the City of Colleyville. Signature: Date: All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, TX 76034 Office: 817.503.1130 Fax: 817.503.1139; cloven@colleyville.com or kseiger@colleyville.com. PLANNING AND ZONING COMMISSION CLICK TO VIEW AND CHOOSE CLICK TO VIEW AND CHOOSE Mark Alphonso 5104 Old Oak Ln. 214.929.6446 214.929.6446 mark@montclairdfw.com NA ✔ ✔ ✔ ✔ ✔ See attached sheet See attached sheet See attached sheet See attached sheet See attached sheet See attached sheet 9/10/2019 Application for Planning and Zoning Commission Mark Alphonso Response to Question #1 Presently on the Board of the Chamber of Commerce(nominated by Mayor Richard Newton). 17 yrs experience as a commercial construction developer in DFW. Recently went through the P&Z and City Counsel process for a project here in Colleyville. Response to Question # 2 I hope to support our cities growth and integrity. I would like to share my knowledge and experience towards a common sense approach to new business and commerce without compromising our cities successes as affluent residential neighborhoods. Response to Question # 3 Our cities leadership, management, schools, police and fire departments I believe are second to none. With these assets we will be able to attract and keep a healthy residential outlook for many years to come. Attracting businesses for our residents such as retail & restaurants providing a reciprocal environment for both to thrive. Response to Question # 4 I was able to experience our cities P&Z firsthand. While we were successful in getting approval for our project, I feel it was much more difficult to accomplish than it should have been. I fear prospective projects good for our city may have been steered away in the past. I hope to be an advocate of fair balance and reason in our future. Response to Question # 5 I hope to be an asset in bringing business to Colleyville that is good for the residents, good for our city, and maintains the high quality of life we have known to enjoy. Response to Question # 6 I envision in most ways what we have here now. Living in a neighborhood where my family is safe. Schools where I know my kids are receiving the best education available. recreation readily accessible such as our well maintained parks and sports fields. An increase in dining and entertainment locations, so that residents do not have to travel away. Well maintained and quality built streets, sidewalks, city amenities that tell guests to our city that this is a very nice place. Application for Appointment for City Council Boards, Commissions, and Committees Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline. These forms are available by contacting the City Secretary at 817.503.1130, or download the Financial Disclosure form here. Board, Commission, or Committee: (only those with current openings) 1. If you are willing to be considered for another board, commission, or committee, please list below. 2. 3. Name: Ms. Mrs. Mr. Address: Home phone: Work phone: Knowledge, experience, or education applicable to Board, Commission, or Committee function: Check if additional materials are attached. Other information (City/civic service, interests): Signature: Date: Once positions are appointed, you must reapply for future openings. All information provided is public pursuant to the Texas Public Information Act. If additional information is required, please call 817.503.1130. Please return completed application to the Office of the City Secretary: Email: cloven@colleyville.com or ashelley@colleyville.com Fax: 817.503.1139 Mail: City Secretary, 100 Main Street, Colleyville, TX 76034 By providing an e-mail address, I consent to the release of my e-mail address by the City. I understand attendance and active support is required for each appointee. I understand I will be required to comply with the Texas Open Meetings Act training. I understand I will be required to bring my own device to meetings to view packet information. E-mail Adress: Planning and Zoning Commission Zoning Board of Adjustment Tax Increment Finance District Board 4 Lee "Taylor" Anderson 7213 Overland Trail, Colleyville, Texas 76034 817-733-2224 214-978-4109 TAnderson@canteyhanger.com 4 4 4 4 I served as a school board member in Birdville Independent School District (Place 7, Board of Trustees) from 2016 to 2018 until we moved to Colleyville. Before that, I served on the Birdville Education Foundation from 2014 to 2016. I was Tribute Chair in 2015, where I planned the 2016 Tribute to Leadership which raised over $100,000.00 for BISD grants to educators. Other memberships include: Northeast Richland Lions Club, Northeast Tarrant Chamber of Commerce. and Northeast Leadership Forum (2015-2017). I have a political science degree from Texas Tech and a law degree from Texas A&M. I work as a real estate attorney at Cantey Hanger, LLP . I have an interest in community affairs and hope to give back to Colleyville. With all of the development in Colleyville, I believe I could be an asset in ensuring that Colleyville remains a low-density Community. I can certainly bring perspective from my community involvement in BISD and its surrounding communities, as I've seen first-hand what works and what does not work. L. Taylor Anderson 6/19/20 Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline. These forms are available by contacting the City Secretary at 817.503.1130. Download the financial disclosure form here. Board, Commission, or Committee Preference: (only those with current openings) 1.________________________________________________________________ 2.________________________________________________________________ 3.________________________________________________________________ Name: __ Ms. __ Mrs. __ Mr. __________________________________________ Address: Home Phone: _ Work Phone: _________________ E-mail Address: Fax: ___ I understand attendance and active support is required for each appointee. ___ I understand I am required to comply with the Texas Open Meetings Act training. ___ I understand I must bring my own device to meetings to view packet information. ___ By checking this line, I consent to the City’s use and release of all information provided in this application, to include the address, telephone, and email address provided. ___ Additional materials attached. 1.City service and experience, civic organizations, knowledge, experience, or education applicable to Board, Commission, or Committee function: 2.What do you perceive your role will be in serving on a board, commission, or committee? 3.In your opinion, what policies/programs/assets of Colleyville are working well? 4.What are some issues in Colleyville that may require change? 5.If you could influence the City in just one way, what would that be? 6.Please share with us your vision for the City of Colleyville. Signature: Date: All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, TX 76034 Office: 817.503.1130 Fax: 817.503.1139; cloven@colleyville.com or kseiger@colleyville.com. PLANNING AND ZONING COMMISSION CLICK TO VIEW AND CHOOSE CLICK TO VIEW AND CHOOSE 4 Mathew Antony 5608 Heron Dr W, Colleyville, TX 76034 571-527-8487 571-527-8487 mat.antony11@gmail.com 4 4 4 4 4 BBA/MBA from George Washington University. Over 10 years of experience in economic development and strategic management, including land use management planning and real estate. Take Attorney General TX Open Meetings Act online training course. As a member of the Planning and Zoning Commission, review and approve plans for subdivisions and make recommendations to the City Council on the rezoning of land and amendments to the City's development regulations. The City's strategic vision outlined in "Destination Colleyville" provides a comprehensive plan for the future. The community parks and public services are widely utilized, while the character and charm of the neighborhood continues to be preserved. Safety of neighborhood is a strong point as well. Aging population and threat to long-term viability of businesses due to stiff commercial competition from Southlake, Keller, NRH and Hurst. Promote the City as the preferred DFW location for a diverse demography including young families and mid-career professionals. Promote diversity of resident population whilst also creating sustained economic opportunities for local businesses. 8/14/19 MATHEW ANTONY Dallas, Texas ▪ 571.527.8487 ▪ mat.antony11@gmail.com PROFESSIONAL SUMMARY International business professional with a background in global business consulting and comprehensive expertise in strategic planning, program management, business development, and client relations. Results-oriented leader with demonstrated experience working in cross-functional teams, engaging private and public C-Suite executives, building long-term relationships with external stakeholders and delivering continuous process improvements for corporate governance initiatives. Extensive travel experience in 34 countries speaking 5 languages and passionate about supporting international business development programs. CORE COMPETENCIES International Growth / Business Excellence / Project Leadership PROFESSIONAL EXPERIENCE Prismatic Table Management (PTM), LLC - Dallas, TX Senior Consultant, Strategic Initiatives & Business Development June 2017- present Engaged by boutique private investment firm to serve as subject matter expert to develop a sector-agnostic portfolio of investment and management support services partnership opportunities. Responsible for market research, commercial insights and analytics for use in planning, facilitation, and management of business development ventures with corporations, foundations and philanthropists in US and overseas markets. •Successfully developed and supported technology innovation investments pathways for $7.5M in multiple industries including Digital/Data Analytics, EdTech, Real Estate, Mobile App Technology, Healthcare and Social Investing. •Completed over 12 business cases using systemic approaches to solving business problems including Earned Value Management System (EVMS) and country profiling and financial risk analyses to advance the above mentioned investment initiatives. NESTLE SKIN HEALTH (subsidiary of Nestle, SA) – Dallas, TX Manager, Strategic Business Analysis & Commercial Excellence February 2016 - April 2017 Directly reporting to VP of Sales [with dotted line to Director of Commercial Excellence], responsible for supporting and implementing strategic business initiatives in Rx Business Unit. Tasked with the development, monitoring and reporting of divisional metrics, KPIs and effectiveness models to optimize the performance of 200+ marketing initiatives. •Supported the Leadership Team with the development, test and launch of a new business development model that improved sales performance by 25% above goal for strategic brands between 2016 and 2017. •(Re)Configured business planning processes and CRM tools to foster excellence in execution for 3 Sales Directors, 20 Regional Managers and 23 Key Account Managers that resulted in identifying ~$3M in unrealized revenue in 2016. •Supported marketing leads in deploying segment specific digital and traditional marketing assets in 250 strategic accounts thereby improving customized messaging to ~$350M portfolio in the medical community. NATIONAL ASSOCIATION OF CORROSION ENGINEERS (NACE) INTERNATIONAL – Houston, TX Senior Manager, Strategic Initiatives and (Global) Market Research August 2014 – January 2016 Directly reporting to COO, tasked with leading and managing a 6-member multi-disciplinary team of managers, analysts and interns to execute key elements of the organization’s strategic plan pertaining to global market expansion, corporate planning and customer engagement for its six business areas that serve 142 corporate members and 34000+ professional members in 130 countries worldwide. •Scoped, developed and simultaneously managed 8 market research projects to ensure international growth of 5% into at least four engineering related industries, including but not limited to defense, automation, medical devices, mining, •Completed 5 business cases for two business areas, leading to the expansion of 2 product lines and implementation of go- to-market strategy in US in 2016. •Contributed valuable insights to the governance committees for digital strategy, global operations and customer engagement leading to increased marketing and operational effectiveness in digital space, transparency, customer segmentation and targeting. THE GEORGE WASHINGTON UNIVERSITY – Washington, D.C International Business Fellow, School of Business January 2012 - July 2014 Awarded $37K fellowship to produce scholarly research, white papers and policy briefs along with education and cultural trade missions to Turkey and Estonia. Served as Asian business risk expert on 6+ business plan competitions related to India, Ethiopia, Australia and European Union. Special projects included: •European Union Research Center (EURC) – Framework for International Cyber Security Readiness •Cyber Security Policy and Research Institute – Consultancy mission to NATO Cooperative Cyber Defense Centre of Excellence. •International Business Department Business Case Competition – Healthcare in Ethiopia, Mobile Banking in Turkey, Unmanned Aerial Vehicles (UAV) Network System in US. •School of Business Investment Institute – Equities research in aviation, manufacturing and consumer retail companies. ECORM INTERNATIONAL, Inc. – Washington D.C Metropolitan Area. July 2010 – July 2014 Senior Consultant, Strategic Initiatives Reported directly to President. Formulated risk-averse strategies that addressed customer needs, market competition, and business continuity gaps for social impact start-ups and small businesses across five industries. •Initiated and secured 3 partnership agreements that expanded the firm’s service offerings under a strategy to increase revenue by 40% each quarter over five years. •Drafted company’s strategic public outreach plan and participated in over 15 public engagements with chamber of commerce, community leaders, public officials and key industry members from US, Canada, Australia, India, Papua New Guinea, Fiji, Solomon Islands, Marshall Islands, Vanuatu, Kingdom of Tonga, United Kingdom. •Served as Project Manager on a Commonwealth commissioned, EU funded project to assess the socio-economic impact of Liberalizing Trade in Services among Pacific Island States. ECO-EZ, Inc. – Washington D.C Metropolitan Area January 2007 – September 2009 Senior Associate, Communications and Marketing Lead marketing and communications strategist for international economic development firm. •Developed and executed marketing and public relations programs that helped cultivate and maintain over 500 public & private sector relationships annually. •Effectively managed and produced marketing assets and digital content for outreach initiatives with Chamber of Commerce(s), Prospective Investors/Partners, and Community Relations. •Organized a trade show event for the hallmark SeaSmart Program at the 2009 Marine Aquarium Conference of North America in Atlantic City, NJ within a $10,000 budget. Recorded over 4000 visitors over 2 days and industry-wide acclamation. EDUCATION AND TECHNICAL ADDENDUM George Washington University: Bachelor of Business Administration (B.B.A) – 2008 - International Business & Political Economy Alpha Kappa Psi Business Fraternity Vice President Master of Business Administration (M.B.A) – 2014 - International Business & International Finance Cohort Vice President, MBA Scholarship and Fellowship, Honors Society. Languages: Fluent in English, Malayalam & Pacific Islands Pidgin. Working proficiency in Hindi and Tamil. Software: MS Office Suite+Visio, Salesforce, QlikSense, Bloomberg Terminal, Tableau, SQL, MS Project, SAP, Oracle. Affiliations: GWU-SB Advisory Board, AKPsi Business Fraternity, WITA, Catholic Charities, UN Volunteers, Old Sydneian Association, Montfort Alumni Association. Travel: Argentina, Australia, Barbados, Belgium, Brazil, Canada, Chile, Colombia, Cuba, Ecuador, Estonia, Fiji, Finland, Germany, India, Malaysia, Mexico, Papua New Guinea, Peru, Puerto Rico, St. Kitts & Nevis, St. Lucia, St. Martin, St. Maarten, Singapore, Solomon Islands, South Africa, Thailand, Turkey, UAE, UK, Uruguay, US Virgin Islands, Vanuatu, Zimbabwe. Planning and Zoning Commission per email Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline. These forms are available by contacting the City Secretary at 817.503.1130. Download the financial disclosure form here. COLLEYVILLE Board, Commission, or Committee Preference: (only those with current openings) AD-HOC COMMITTEE Pea e3tYl or) Trois poterficyl 1 2 CLICK TO VIEW AND CHOOSE 17 cm nil-) cAnA, 2oong CLICK TO VIEW AND CHOOSE 3 Name: Ms. Mrs. v Mr. Address: 3920 Ivy Glen, Colleyville, TX 76034 Home Phone:9152413653 Work Phone: Fax: E-mail Address: beckymata@hotmail.com •I I understand attendance and active support is required for each appointee. I understand I am required to comply with the Texas Open Meetings Act training. I understand I must bring my own device to meetings to view packet information. By checking this line, I consent to the City's use and release of all information provided in this application, to include the address, telephone, and email address provided. Additional materials attached. 1. City service and experience, civic organizations, knowledge, experience, or education applicable to Board, Commission, or Committee function: l have been involved with several bar organizations since 2010 that include the following: State Bar of Texas Leadership Class, Former President and Board of Director for the Tarrant County Young Lawyers Association, Board Member for the Tarrant County Bar Association, and Texas Young Lawyers Board of Director. 2. What do you perceive your role will be in serving on a board, commission, or committee? To provide feedback and suggestions regarding access to trails, sidewalks, etc. for Colleyville residents. 3. In your opinion, what policies/programs/assets of Colleyville are working well? l think the rotaries that were created several years ago are extremely useful to ease traffic congestion. l also like the new additions to the Colleyville Public Library. l think the new space currently under construction will be another great addition that Colleyville residents can enjoy with their families. 4. What are some issues in Colleyville that may require change? l think the addition of some sidewalks will benefit Colleyville residents. 5. If you could influence the City in just one way, what would that be? To create more sidewalks. 6. Please share with us your vision for the City of Colleyville. l would like to preserve Colleyville's charm and aesthetic. l also think that adding additional sidewalks in some areas will contribute to the city while also benefitting residents by encouraging active lifestyles for walking, running, etc. Becky Mata Signature: Date: 7/23/19 All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, TX 76034 Office: 817.503.1130 Fax: 817.503.1139; cloven@colleyville.com or kseicier@collevville.com. RESOLUTION R-19-4424 A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION WHEREAS,there is one vacancy, Place 3, on the Planning and Zoning Commission with an unexpired term of September 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Colleyville City Council hereby appoints the following person to Place 3, to serve through the unexpired term of September 2020: Place 3 – AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 2ND DAY OF OCTOBER. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Abs Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Aye Place 6, Callie Rigney Abs Place 4, George Dodson Aye ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 10/2/2019 Number Resolution R-19-4425 Type Resolution Department City Secretary Title Approving a settlement agreement in connection with a notice of claim filed by claimant Lacey Arencibia, arising from an incident involving a motor vehicle, dated August 19, 2019 Strategic Plan 1.1 Actively involve and engage stakeholders Explanation Reading and Public Hearing Approval of this resolution will approve a settlement agreement in connection with a notice of claim filed by claimant Lacey Arencibia, arising from an incident involving a motor vehicle dated August 19, 2019. Financial Impact Funds are available in the FY2019 budget. Recommendation Approve Attachments 1.Resolution R-19-4425 RESOLUTION R-19-4425 A RESOLUTION APPROVING A SETTLEMENT AND RELEASE AGREEMENT IN CONNECTION WITH A NOTICE OF CLAIM DATED AUGUST 20, 2019 FILED BY CLAIMANT LACEY ARENCIBIA WHEREAS,on August 20, 2019, Lacey Arencibia filed a notice of claim for damage to her vehicle resulting from an exposed pipe in the road way along Bransford Road on or about August 19, 2019; and WHEREAS,following investigation, the Colleyville City Council believes it to be in the best interest of the City to settle the claim. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Colleyville City Council hereby authorizes the City Manager to settle the claim in an amount not to exceed $12,250, and to execute a full settlement and release agreement in connection with the same. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 2ND DAY OF OCTOBER. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Abs Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Aye Place 6, Callie Rigney Abs Place 4, George Dodson Aye ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6c Agenda Date 10/2/2019 Number Resolution R-19-4426 Type Resolution Department City Manager Title A resolution nominating candidates to the Tarrant Appraisal District (TAD) Board of Directors Strategic Plan B4- Cultivate a culture of transparency and consistent communication Explanation Reading and Public Hearing The Tarrant Appraisal District (TAD) is seeking nominations for candidates to serve on the Board of Directors. The terms of service for the five members of the current Board of Directors will expire on December 31, 2019. Each voting unit may nominate one candidate for each of the five positions to be filled, but are not required to make any nomination or may nominate any number up to five. Nominations must be submitted to the Chief Appraiser as a resolution or official action adopted by the City Council, by October 15, 2019. The current TAD Board of Directors are: Joe Potthoff, Chairman Michael Leyman John Molyneaux, Secretary Mike O'Donnell Mark Wood Wendy Burgess, Tarrant County Tax Assessor-Collector In order to be eligible to serve as directors, the nominees must have resided in Tarrant County for at least two years prior to January 1, 2020. They may serve on the governing body of a taxing unit in the County and still be eligible to serve as a Director. However, an employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners for compensation in proceedings in the appraisal district or appraises property for use in a proceeding in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if the individual, or a business in which the individual has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the performance of City Council Agenda Briefing 6c City of Colleyville Page 2 an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the individual and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or either of them is a partner, limited partner or an officer. Based on the 2019 adjusted tax levy, Colleyville will have 20 votes to cast for the election, which will take place by December 15, 2019. This item allows the opportunity for City Council to nominate candidates for the TAD Board of Directors. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Resolution R-19-4426 RESOLUTION R-19-4426 A RESOLUTION NOMINATING CANDIDATES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS,the City of Colleyville contracts with the Tarrant Appraisal District (TAD) for setting property valuations; and WHEREAS,the City of Colleyville is entitled to nominate one candidate for each of the five positions on the Tarrant Appraisal District Board of Directors; and WHEREAS,the terms of the TAD Board of Directors expire December 31, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the City of Colleyville nominates the following to serve on the Tarrant Appraisal District Board of Directors: • • • • • AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 2ND DAY OF OCTOBER 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6d Agenda Date 10/2/2019 Number Resolution R-19-4427 Type Resolution Department Public Works Title Approval of the application for, and acceptance of, grant funding from the Office of the Governor, Emergency Management Division, Homeland Security Grant Program, and designating the City Manager or his designee as the authorized official Strategic Plan 5.4 Actively seek public/private partnerships Explanation Reading and Public Hearing As a member of the North Central Texas Public Works Emergency Response Team (PWERT), Colleyville Public Works was awarded a $43,000.00 grant as part of the 2019 State Homeland Security Program (SHSP) allocation to the North Central Texas Council of Governments (NCTCOG). A council resolution, accepting the grant, is required before the release of award funds. Also, a formal designation of an Authorized Official (AO) is required for grant management access through the Office of the Governor’s eGrants web portal. The purpose of this item is to allow the City Manager to accept the grant award as the City’s Authorized Official (AO). The City of Colleyville Public Works Department is a participating agency in the North Central Texas Public Works Emergency Response Team (PWERT). PWERT was established to provide public works facilities, equipment, personnel and assistance in times of disasters and catastrophes. This equipment will be housed and available for daily use by the Colleyville Public Works department. The only requirement is the equipment be maintained and available for regional and state-wide disaster deployments. The trailer will be available for use by the City for severe weather, flooding, or snow/ice event response; disaster response, and large City-sponsored special events. The trailer will increase the City’s disaster preparedness capabilities. The trailer will come equipped with (1) air compressor, (10) hand operated pull saws, (10) gasoline operated chainsaws, and (10) portable generators. Financial Impact There is no financial impact to the City. City Council Agenda Briefing 6d City of Colleyville Page 2 Recommendation Approve Attachments 1.PWERT Grant 2.Resolution R-19-4427 9/24/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:3742901 Award Amount:$43,000.00 Date Awarded:PREVIEW - AWARD NOT ACTIVE Grantee Cash Match:$0.00 Grant Period:10/01/2019 - 09/30/2020 Grantee In Kind Match:$0.00 Liquidation Date:12/29/2020 Total Project Cost:$43,000.00 Program Fund:HS-Homeland Security Grant Program (HSGP) Grantee Name:Colleyville, City of Project Title:2019 SHSP - Colleyville - PWERT Equipment Cache Enhancement Response Trailer Grant Manager:Chelssie Lopez DUNS Number:091362681 CFDA:97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: U.S. Department of Homeland Security, Federal Emergency Management Agency Federal Award Date: 9/24/2019 Office of the Governor 2/2 Federal/State Award ID Number: EMW-2019-XX-XXXXX Total Federal Award/State Funds Appropriated: $100.00 Pass Thru Entity Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD) Is the Award R&D:No Federal/State Award Description: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. RESOLUTION R-19-4427 A RESOLUTION PROVIDING FOR THE APPLICATION AND ACCEPTANCE OF GRANT FUNDING FROM THE OFFICE OF THE GOVERNOR, EMERGENCY MANAGEMENT DIVISION, HOMELAND SECURITY GRANT PROGRAM AND DESIGNATING THE CITY MANAGER OR HIS DESIGNEE AS THE AUTHORIZED OFFICIAL WHEREAS,the Colleyville City Council finds that it is in the best interest of the citizens of Colleyville, Texas to apply for and accept grant funding to enhance the region’s capability to respond to local effort to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States, through the purchase of a regional Emergency Response Trailer containing chainsaws, pull saws, cones, barricades, air compressor, and generators. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1.THAT the Colleyville City Council approves the application for grant funding and accepts the grant funding, Grant Number 3742901, through the Office of the Governor, Emergency Management Division, Homeland Security Grant Program for an Emergency Response Trailer. Sec. 2.THAT the Colleyville City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council assures that the funds will be returned to the Office of the Governor in full. Sec. 3.THAT the Colleyville City Council authorizes the City Manager or his designee as the grantee’s authorized official to execute all documentation and actions related to the application and acceptance for funding, through the Office of the Governor, Emergency Management Division, Homeland Security Grant Program. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 2ND DAY OF OCTOBER 2019. Resolution R-19-4427 Page 2 of 2 Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor RESOLUTION R-19-4428 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2, 2019 WHEREAS,City 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: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 2ND DAY OF OCTOBER 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor SPEAKER CARD Date: I O Agenda Item Number: Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy). Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish tq spe* but please record my: support opposition Name: PAWAI M +. ' } (� Address: City: V1/ �l e Je��^� 7 I understand I am limited to speaking for five minutes. For agenda items not listed on thug L as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the aaenda. Signed: 4z m-- This information is a Public Record J Date: SPEAKER CARD � �/ 1-7 Agenda Item Number:. � — Item must be completed! For example: Sa (this can be found on the far left side of the agenda cony). Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not ��I7wish t_o/speak, but please record my: support opposition Name: e4 l CIW�ey Address: �20'Y Iq `' ` \ ` V-<-- City: iCJ I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of t e Texas Local Government Code. This includes persons speaking under the Citizen's omments s do the agenda. ,,.. Signed: This information is a Public Record SPEAKER CARD Date: ( f Agenda Item Number: C° �— Item must be completed! For example: Sa (this can be found on the far left side of the agenda cony) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. will speak In Opposition to this item. I (ddoo not wish to speak, but please record my: support opposition Name: /\ 69 // �7c9 .'ye", Address: ZO ci, City: _61 I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citiz n's Com is section of the agenda. Signed: --� - c, . _ information is a Public Record SPEAKER CARD Date: r Agenda Item Number: le- .-- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name Address: ';U4 � J I 1 City: I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Cofgments section of the agenda. -9 This information is a Public Record