The URL can be used to link to this page

Home My WebLink AboutCity Council-Agenda Packets-5/17/2011~,~ r °µ ~ ~„~~,~~1~ , ~~~~I~~~~'~ ~~.K.,r City of Colleyville Agenda CI~/ COUf1Cll City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 17, 2011 CITY COUNCIL CHAMBERS 5:00 P.M. - TOUR OF THE COLLEYVILLE PUBLIC LIBRARY PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Fiscal Year 2011 (FY 2011) Street Capital Improvement Plan and other proposed street rehabilitations Attachments: PC-1.pdf Recommended Street Segments for FY 2011 Street Rehabilitation Project Possible Street Segments for FY 2011 Street Rehabilitation Project PC-2 Presentation of the Quarterly Performance Management Report Attachments: PC-2.pdf Quarterly Performance Management Presentation FY 2011 2nd Quarter Performance Management Update PC-3 Presentation of the Quarterly Investment Report Attachments: PC-3.pdf Quarterly Investment Report PC-4 Presentation of the Monthly Financial Report - April 2011 Attachments: PC-4.pdf April 2011 Monthly Financial Report.pdf PC-5 Discussion of the May 17, 2011, City Council meeting regular agenda items Attachments: PC-5.pdf 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda City of Colleyville Page 1 Printed on 5/13/2011 City Council Agenda May 17, 2011 Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Attachments: 1- Executive Session - Legal.pdf RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS 2. 3. Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of the Colleyville Heritage High School Pep Band for participation in the Slant 45 premier - Mayor David Kelly and Economic Development Director Marty Wieder Presentation of a$500 donation for an anti-bullying program for local schools, in the name of Colleyville Police Corporal Gary Moore - Bobby Lindamood Jr. INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3359 Attachments: Resolution R-11-3359 ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS City of Colleyville Page 2 Printed on 5/13/2011 City Council Agenda May 17, 2011 Presentation of a donation to the Colleyville Public Library for the new teen area, in the amount of $2,400, by the Colleyville Rotary Club - Loren Pelton Presentation of a donation to the Colleyville Public Library for the Library Second Floor Expansion Project, in the amount of $17,200, by the Colleyville Public Library Foundation - Cecilia Monacelli, President Proclamation - In recognition of National Public Works Week - Mayor David Kelly, Interim Public Works Director Ron Ruthven, Assistant Director of Public Works Bill LeGrand, Utility Superintendent Ken Tywater and Public Works Road-e-o Coordinator James Watkins In recognition of Mayor Pro Tem Jon Ayers for service on the Colleyville City Council - Mayor David Kelly In recognition of Mayor Pro Tem Jon Ayers by the Colleyville Fire Department - Fire Chief Russell Shelley and Battalion Chief Kirt Mays In recognition of Mayor Pro Tem Jon Ayers by the Colleyville Police Department - Police Chief Steve Dye Attachments: 3- Announcements, Proclamations and Presentations.pdf Proclamation in recognition of Colleyville Heritage High School Pep Band.pdf Proclamation in recognition of National Public Works Week.pdf 4. RECEPTION FOR MAYOR PRO TEM JON AYERS 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3360 5a Approval of the minutes of the regular City Council meeting of May 3, 2011 Attachments: Resolution R-11-3360 City Council Minutes - May 3, 2011.pdf 5b Approval of a donation of $2,400 from the Colleyville Rotary Club to the Colleyville Public Library Attachments: 5b Briefing.pdf City of Colleyville Donation and Transfer of Title City of Colleyville Donation Policy.pdf 5c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System Attachments: 5c Briefing.pdf Central Regional Wastewater System Amended Advisory System Bylaws City of Colleyville Page 3 Printed on 5/13/2011 City Council Agenda May 17, 2011 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1794 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 Attachments: 6a Briefing.pdf Location and Zoning Map Notification List Letters of Opposition Company Overview Development Review Committee Memo ApplicanYs Response to the Development Review Committee Memo Photos Provided by Applicant Site Plan Floor Plan Elevations for Proposed Future Building at Rear of Subject Property Sign Exhibits Ordinance 0-11-1794 6b 0-11-1795 Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC 11-007 Attachments: 6b Briefing.pdf Location and Zoning Map Notification List Statement of Planning Objectives Site Plan Proposed Easements Building Elevations Floor Plan Sign Exhibits Ordinance 0-11-1795 6c 0-11-1796 Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees Attachments: 6c Briefing.pdf Alarm Ordinance Comparison Ordinance 0-11-1796.pdf City of Colleyville Page 4 Printed on 5/13/2011 City Council Agenda May 17, 2011 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3361 Consideration of an appeal of the decision by the Sign Board of Appeals by Doug Skomer, for a variance regarding a development sign on Tract 1 E, Abstract 1182 of the WC Newton Survey, located at 8000 Precinct Line Road, Case GC11-004 Attachments: 7a Briefing.pdf Location and Zoning Map Notification List ApplicanYs Request to Appeal to City Council Sign Agreement Sign Exhibit Graham Hart, LTD. Proposed Development Sign Resolution R-08-3042 Resolution R-11-3361 7b R-11-3362 Approval of the Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the construction of Colleyville Boulevard (SH26) between Pool/Brumlow and John McCain Road Attachments: 7b Briefing.pdf Local Project Advance Funding Agreement Master Advance Funding Agreement Colleyville Boulevard State Highway 26 Improvement map Resolution R-11-3362 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Zoning Board of Adjustment Minutes - January 11, 2011 Architectural Review Commission Minutes - March 29, 2011 Sign Board of Appeals Minutes - April 12, 2011 Planning and Zoning Commission Minutes - April 25, 2011 Attachments: 9 - Reports.pdf Zoning Board of Adjustment Minutes - January 11, 2011 Architectural Review Commission Minutes - March 29, 2011 Sign Board of Appeals Minutes - April 12, 2011 Planning and Zoning Commission Minutes - April 25, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 17, 2011 - Reading and Public Hearing - Resolution R-11-3363 Attachments: Resolution R-11-3363 City of Colleyville Page 5 Printed on 5/13/2011 City Council Agenda May 17, 2011 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday , May 13, 2011, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 6 Printed on 5/13/2011 R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 05/17/2011 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of the Fiscal Year 2011 (FY 2011) Street Capital Improvement Plan and other proposed street rehabilitations Attachments: Recommended Street Segments for FY 2011 Street Rehabilitation Project • Possible Street Segments for FY 2011 Street Rehabilitation Project History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Discussion of the Fiscal Year 2011 (FY 2011) Street Capital Improvement Plan and other proposed street rehabilitations Explanation The purpose of this briefing is to discuss the FY 2011 Street Capital Improvement Plan (CIP) and other rehabilitation projects with the City Council prior to proceeding with project finalization and bidding. Since FY 2008, the City has committed $1 million annually in the General Fund budget for street maintenance and rehabilitation throughout the City. These funds have been used to improve 7.61ane miles of roadway in Colleyville since that time. In addition, by City Council directive, a citizen CIP Committee was formed in 2006 to provide community input into the assessment and selection of street projects. In September 2008, the City Council adopted the 10-year streets and intersections CIP that was a effort by City Council, staff and citizens to enhance existing municipal infrastructure and address traffic congestion issues throughout the community. A portion of the General Fund street maintenance budget is utilized annually to complete street and intersection improvements identified in the CIP, as well as other street improvement projects that are identified for rehabilitation. The streets and intersections identified in the existing CIP for FY 2011 are as follows: Street Rehabilitation - Pembrooke Parkway - Brentwood Drive/Court - Ponderosa Lane - Black Drive City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued Street rehabilitation involves removing and replacing all asphalt concrete and aggregate base on a roadway segment and placing new striping and pavement markings. Intersection Improvements - Martin Parkway and Cheek-Sparger Road - Jackson Road and Cheek-Sparger Road In regard to these intersection improvements, staff is working with the design engineer to complete the final preliminary analysis for both intersections, which will be presented at a future Pre Council meeting. In September 2010, City Council selected Brown Trail to be rehabilitated as part of the annual road construction agreement with Tarrant County. Construction began in early May 2011. In terms of structural stability and overall condition, staff evaluates all City streets each year and assigns letter grades to streets with "A" indicating a street in excellent condition and "F" indicating a street in "worst" condition: Ratinq of A: street has been recently constructed and the existing pavement surface shows no sign of deterioration or sub-grade failures. No maintenance activity is necessary. Ratinq of B: street has aged to a point that initial maintenance activity is required and some cracking exists, requiring routine sealing. Existing joints are sealed as necessary. Ratinq of C: street is experiencing minor base failures and surface cracking. Crack sealing is necessary in both concrete and asphalt streets. Repair of existing surface and base failures is necessary. A seal coat or thin asphalt overlay is necessary for extending service life in asphalt pavement. Ratinq of D: random base and sub-grade failures are evident in both concrete and asphalt streets. The existing roadway has extensive surface patches due to weather main breaks, franchise utility repair of existing facilities and prior construction improvements. Random drainage issues are identified, including surface ponding , inadequate street grades or damage to existing drainage facilities. Repair of existing surface failures and placement of an asphalt level up and overlay over concrete and asphalt streets is necessary to extend service life of the street. Ratinq of F: existing concrete and asphalt pavements experience extensive base and sub-grade failures throughout the length of the roadway. Street can no longer maintain proper drainage due to pavement heaving or failure. Existing underground utilities have deteriorated to the point that replacement is required to maintain service life. Total street reconstruction is necessary. At the April 19, 2011 Pre Council meeting, City Council determined that, within the Street Capital Improvement Plan, collector and arterial street segments should have first priority for City of Colleyville Page 2 Printed on 5/13/2011 Apenda Briefinp Continued maintenance and rehabilitation. The streets classified as major collectors to minor arterials are: - L.D. Lockett Road (Lowrie Road to Quails Path) - Cheek-Sparger Road (From 1700 Cheek-Sparger to Tamblewood Drive) - John McCain Road (Bandit Trail to Stillwater Circle) - Pleasant Run Road (City Limits to 7504 Pleasant Run Road) These street segments have substantially higher traffic counts than the residential streets included in the CIP and, therefore; should take priority. All the above identified streets except L.D. Lockett (rating of B) and Brown Trail (rating of C) have ratings that are a"D" or below. L.D. Lockett has been identified due to a recent sub-grade failure that needs to be addressed. There is a total of $850,382 available for the FY 2011 street rehabilitation project. The reduction in available funds is due to current fiscal year street rehabilitation funds being spent on a portion of the rehabilitation of Cheek-Sparger Road (from last year's street rehabilitation projects) because the project exceeded the projected timeline and was not finished until FY 2011. The Tarrant County Interlocal Agreement that includes the reconstruction of Brown Trail is funded from these available funds and is estimated to cost $298,000; therefore staff recommends a street maintenance program for FY 2011 that includes the following street segments: - L.D. Lockett Road (Lowrie Road to Quails Path) - Cheek-Sparger Road (From 1700 Cheek-Sparger to Tamblewood Drive) - John McCain Road (Bandit Trail to Stillwater Circle) - Pleasant Run Road (City Limits to 7504 Pleasant Run Road) - Brentwood Drive (Brookridge Drive to Chapelwood Drive) - Brentwood Court (Brookridge Drive to the dead end) The estimated project cost, including a small contingency, to complete the recommended street segments is $515,171 and will be combined into one project to take advantage of the lower unit costs associated with a single larger project. The project is scheduled to start construction this summer with a completion date of early September 2011. Based on City Council discussion of this item, staff will bring forward construction contracts for these proposed street rehabilitation projects for City Council consideration at a future meeting. City of Colleyville Page 3 Printed on 5/13/2011 0 ~ ~ ~ ~ a ~ ~ ~ ~ w ~ ~ w ~ ~ w ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ a ~ w ~ ~ u w ~ a ~ a ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w ~ ~ ~ Possible Street Segments for FY2011 Street Rehabilitation Project Identified on Street Street Street Section Estimated Cost the existing Street 2011 Traffic Comments Classification Rating Counts (24 Hour) CIP? Pembrooke Cheek Sparger north to Medium Severity - map cracking and full depth pavement/ subgrade Residential $162,179.00 yes D 876 Parkway Scarbrough Lane failures. Black Drive Residential Bransford Road to the dead $$5,852.00 yes D 245 (estimate) Low Severity - Longitudinal/transverse cracking and pavement oxidation. end Windview Drive to High Severity - alligator cracking and pumping/shoving with pavement and Stonehaven Drive Residential $20,860.00 no D 45 Ambleside Drive sub grade. Ponderosa Lane Residential Tinker Road to McCain Lane $70,501.00 yes D 105 (estimate) Medium Severity - map cracking rutting and pumping of subgrade. Inadequate drainage. Brentwood Drive* Residential Brookridge Drive to $92,798.00 yes F 224 First priority for residential streets. High Severity - full depth Chapelwood Drive pavement/subgrade failures. Major cracking of curb/gutter sections. Brentwood Residential Brookridge Drive to the $50 431 00 es F 123 Second priority for residential streets. High Severity - full depth Court* dead end , . y pavement/subgrade failures. Major cracking of curb/gutter sections. L.D. Lockett Minor Lowrie Road to Quails Path $82,096.00 no B 4,938 High Severity - deep depressions and bumps and sags in centerline of Road* Collector pavement. John McCain Minor Bandit Trail to Stillwater High Severity - alligator cracking and pumping/shoving with pavement $70,911.00 no D 1,700 Road* Collector Court and sub grade. Cheek-Sparger Major 1700 Cheek-Sparger Road High Severity - block cracking and pumping/shoving with pavement and Road* Collector to Tamblewood Drive ~166,616.00 no F 15,177 sub grade. Pleasant Run South side of bridge to Medium Severity - block cracking and pumping/ shoving with pavement MinorArterial $52,319.00 no C 7,050 Road* 7504 Pleasant Run Road and sub grade. Brown Trail Minor Arterial Cheek Sparger to SH26 $268,543.00 no C 13,824 (2006) To be perFormed by Tarrant County as part of the annual ILA. Pleasant Run Road Minor Arterial 6001 Pleasant Run Road to $88,763.00 no C 3,304 Medium Severity - block cracking and pavement oxidation. Tinker Road West Glade Road Minor Arterial Z00 West Glade to City $42,495.00 no C 11,978 (2007) Medium Severity - rutting and pumpping of subgrade. Limit All streets to be reconstruded with a cross section of 6" Cement Stabilized 8ase and a 4"HMAC (2"Type D and 2" Type 8. *- Recommended Street Segment for the FY2011 Street Rehabilitation Projen SUBTOTAL of Recommended Segments Tarrant County ILA Commitment Miscellaneous Expenditures Remaining Funds $ 515,171.00 $298,000.00 $8,500.00 (Pavement Striping, Curb Replacement, Valley Gutter) $28,711.00 TOTAL $850,382.00 R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/17/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Manager File Name: Presentation of the Quarterly Performance Management Report Attachments: Quarterly Performance Management Presentation • FY 2011 2nd Quarter Performance Management Update History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Presentation of the Quarterly Performance Management Report Explanation The purpose of this presentation is to support the successful implementation and retention of the programs identified in the strategic plan and the general operations of the organization through the use of performance measures. The performance measures presented are the scorecard by which we measure our key performance indicators and ultimately our performance with respect to the five strategic points identified as the City Council's priorities. The attached spreadsheet includes every performance measure that is currently tracked as part of the yearly budget process. The year-end projections are color coded as follows: Gray - Statistic not available at this time Green - Meets or exceeds target Yellow - Within 25% of target Red - Outside 25% of target It should be noted that some of the measures may have seasonal variability or other factors that could make a year-end projection statistically inaccurate at this time. Staff will present the FY2011 second quarter report at Pre Council. City of Colleyville Page 1 Printed on 5/13/2011 FY 20112ND QUARTER PERFORMANCE MANAGEMENT UPDATE 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual CITY COUNCIL Tax rate per hundred dollars of City Council City Council $0.3559 $0.3559 ANNUAL MEASURE valuation Average residential home value City Council City Council $398,957 $397,472 ANNUAL MEASURE NA Percentage of citizens satisfied with City Council City Council 96% 96% BIENNIAL MEASURE NA quality of life in Colleyville Percentage of citizens satisfied with City Council City Council 82% 82% BIENNIAL MEASURE NA value of services for taxes paid CITY MANAGER'S OFFICE Sales tax revenue received as a City Manager's Office City Manager's Office 13% 15% 14.4% 13.8% percentage of the overall budget Percentage of employees surveyed that City Manager's Office City Manager's Office 99% 99% ANNUAL MEASURE agree the job they do is important Percentage of employees surveyed City Manager's Office City Manager's Office 94% 95% ANNUAL MEASURE 93% proud to be an employee Percentage of employees surveyed that would recommend Colleyville as a good City Manager's Office City Manager's Office 82% 85% ANNUAL MEASURE 71% place to work Number of complaints regarding trash Solid Waste and City Manager's Office New Measure <150 27 35 or recycling services Recycling Percentage of complaints responded to Solid Waste and City Manager's Office New Measure 95% 98% 90% in less than 24 hours Recycling Number of household hazardous waste Solid Waste and City Manager's Office New Measure 500 91 200 collections at Fort Worth ECC Recycling 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Average pounds recycling per home/per Solid Waste and City Manager's Office New Measure 15 9.7 9.2 collection Recycling Total general fund budget per capita City Manager's Office City Manager's Office $881 $775 ANNUAL MEASURE NA Percentage of City Council strategic initiatives completed within the fiscal City Manager's Office City Manager's Office New Measure 95% ANNUAL MEASURE NA year Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 88% 88% BIENNIAL MEASURE NA with the quality of government Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 82% 82% BIENNIAL MEASURE NA with the value of services per taxes paid Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 81% 81% BIENNIAL MEASURE NA with local government customer service Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 61% 61% BIENNIAL MEASURE NA with how funds are managed Percentage of citizens surveyed satisfied with developing a future vision of the City Manager's Office City Manager's Office 43% 43% BIENNIAL MEASURE NA city Solid Waste and Annual litter index City Manager's Office New Measure 1 ANNUAL MEASURE NA Recycling Percentage of citizens surveyed who are Solid Waste and satisfied with trash and recycling City Manager's Office New Measure 95% BIENNIAL MEASURE NA Recycling services ECONOMIC DEVELOPMENT Number of commercial remodel/add- Economic Economic 36 40 18 9 alter permits Development Development Value of commercial remodel/add-alter Economic Economic $3.3M $3.9M $6.OM $1.5M permits Development Development Fees generated from commercial Economic Economic $77,350 $92,820 $60,369 $12,098 remodel/add-alter permits Development Development Value of new commercial building Economic Economic $3.7M $4.4M $2.OM $0.5M permits Development Development 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Fees generated from new commercial Economic Economic 165 $72 $86 598 $16 273 $16 460 building permits Development Development ~ , , , Average percentage occupancy of retail Economic Economic 86%/87% 88%/89% 85%/87% 86%/86% 87%/87% and office spaces Development Development Number of new commercial building Economic Economic ~ 10 2 1 8 permits Development Development Website visitors per month Economic Marketing 430 2,000 490 408 1,600 Development Citizen satisfaction rating for retaining Economic Economic 34% 41% BIENNIAL MEASURE NA existing businesses Development Development Citizen satisfaction rating for Economic Economic 36% 43% BIENNIAL MEASURE NA encouraging economic growth Development Development Level of brand elements recognition Economic Marketing New Measure 25% ANNUAL MEASURE NA Development Percentage of communications/City Economic Marketing New Measure 50% ANNUAL MEASURE NA media utilizing Colleyville's brand Development Citizen satisfaction rating on need to increase fine arts opportunities and Economic Marketing 46%/58% 50%/60% BIENNIAL MEASURE NA Development with special events organized by City CITY SECRETARY'S OFFICE Percentage of ineeting minutes presented for approval by the next City Secretary's Office City Secretary 100% 100% 100% 100% meeting (City Council, TIF, CEDC, CCCPD) Average number of days to process City Secretary's Office City Secretary 2 2 2 2 ordinances and resolutions Average number of days to respond to City Secretary's Office City Secretary 4 4 3 2.5 public information requests Number of documents scanned per FTE City Secretary's Office City Secretary 3,243 800 356 1,981 to Laserfiche electronic imaging system Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Number of public information requests City Secretary's Office City Secretary 163 175 29 38 processed perFTE Percentage of customers surveyed satisfied with customer service City Secretary's Office City Secretary 100% 100% BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with municipal elections City Secretary's Office City Secretary 92% 100% BIENNIAL MEASURE NA FINANCE Percentage of accounts payable checks Finance Finance Department 0 01% 0 01% 0 01% 0 01% voided . . . . Percentage of purchase orders Finance Finance Department 100% 100% 100% 100% processed within 3 days of request Percentage of budgeted reports distributed <10 days after month-end Finance Finance Department 100% 100% 100% 100% procedures completed Percentage of W-2 Statements issued Finance Finance Department 100% 100% ANNUAL MEASURE prior to January 31 Percentage of payroll checks on time without error Finance Finance Department 100% 100% 99.9% 100% 99 90/ Percentage of audit adjustments in period 13 closing Finance Finance Department 0.04% 0.01% ANNUAL MEASURE NA LIBRARY *Library measures have been effected by 2nd Floor Expansion Project Ti l A h S b d B ' Fill t e, ut or, u ject an rowser s Rate: percentage of library patrons who Library Library Services 83% 70% 75% 75% come to the librar lookin for items y g and find them Percentage of program participants Library Library Services 99 30% 100% 100% 100% satisfied with programs . Library card registrations: percentage of Colleyville households with at least one active library card holder Library Library Services 50% 60% 50% 50% 52% 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Circulation of the library materials Library Library Services 244,458 261,570 49,785 51,186 236,971 collection Library materials collection size Library Library Services 59,892 66,486 60,371 60,722 61,522 Adult and teen program attendance Library Library Services 661 681 82 71 514 Library patron visits Library Library Services 109,551 115,029 20,171 19,796 103,439 Reference Completion Rate Library Library Services 51,688 54,272 6,461 9,425 40,386 Children's program attendance Library Library Services 17 110 17 965 1 340 16 , , , Document Delivery: percentage of library materials requests filled within Library Library Services 84% 85% ANNUAL MEASURE NA 30 days Adult and teen summer reading Library Library Services 101 104 ANNUAL MEASURE NA program participation Children's summer reading program Library Library Services 1,259 1,322 ANNUAL MEASURE NA participation Percentage of citizens satisfied with Library Library Services 94% 95% BIENNIAL MEASURE NA Library Services ENGINEERING SERVICES Professional Number of CRM Requests Resolved Engineering Services 132 150 63 55 Engineering Services Percentage of projects that are Professional completed on time and within the Engineering Services 100% 90% 100% 100% allotted budget Engineering Services Percentage of projects designed in- Professional Engineering Services 83% 70% 100% 100% house verses third party consultants Engineering Services Number of inspections performed Engineering Services Construction New Measure 300 109 103 Inspection Services Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Percentage of projects that surpass two Construction year maintenance period without major Engineering Services 100% 90% 100% 100% Inspection Services deficiencies Number of repairs performed within 5 Construction En ineerin Services 0 2 1 0 f i g g I i S i years o construct on nspect on erv ces Number of plans reviewed in respect to Construction Engineering Services 7 12 4 2 bili I i S i constructa ty nspect on erv ces Number of citizen generated floodplain information requests resolved Engineering Services Professional Engineering Services New Measure 50 5 18 40 COMMUNITY DEVELOPMENT Percentage of project planning tasks completed vs. project planning tasks scheduled Community Development Planning and Zoning 57% 60% 55% 55% Average number of days for zoning case to be scheduled for a public hearing Community Development Planning and Zoning 45 45 45 45 Average number of days for plat to be scheduled for a public hearing Community Development Planning and Zoning 30 30 30 30 Percentage of staff recommendations consistent with Council action Community Development Planning and Zoning 97% 97% 97% 97% Percentage of plan reviews completed in five days or less Community Development Building Inspection 66% 70% 71% 72% Percentage of inspections performed within 24 hours Community Development Building Inspection 95% 98% 960/ 97% Percentage of inspections passed on initial inspection Community Development Building Inspection 86% 85% 85% 85% Percentage of completed project planning tasks that lead to actual code/policy approvals by Council Community Development planning and Zoning 46% 50% ANNUAL MEASURE NA Percentage of citizens surveyed that feel it is necessary to make changes to the appearance of neighborhoods in order to improve citizen's satisfaction with Colle ville Community Development lanning and Zoning 5% 0% IENNIAL MEASURE NA 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of citizens surveyed satisfied Community Planning and Zoning 59% 64% BIENNIAL MEASURE NA with planning and zoning services Development Percentage of citizens surveyed satisfied with government performance of Community Planning and Zoning 61% 66% BIENNIAL MEASURE NA effective zoning and land use Development regulations Percentage of citizens surveyed satisfied with government performance of Community Planning and Zoning 54% 59% BIENNIAL MEASURE NA planning for the future needs of Development residents Percentage of citizens surveyed satisfied Community Building Inspection 85% 85% BIENNIAL MEASURE NA with building inspections services Development Percentage of citizens concerned about Community houses in need of repair in their Building Inspection 49% 54% BIENNIAL MEASURE NA Development neighborhood FIRE DEPARTMENT Percentage of evaluations processed by Fire Department Fire Administration New Measure 90% 93% 33% their due date Number of employee injuries resulting Fire Department Fire Administration 1 1 0 0 in lost time Percentage of lost work hours as compared to total hours worked in the Fire Department Fire Administration 1.60% 1% 0% 0% department Number of public outreach/education/awareness, citizen Fire Department Fire Administration 6 6 1 1 academy/corps events Total number of volunteer hours from Fire Department Fire Administration 467 500 186 182 CFAAA and Rehab Team Number of exercise/evaluation activities Fire Department Fire Administration 1 2 0 1 Total activation time for EOP/EOC Fire Department Fire Administration 4 hrs 6 hrs 0 hrs 0 hrs 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of public relations events held Fire Department Fire Administration 164 160 32 23 150 Number fire related incidents Fire Department Fire Operations 763 775 179 254 Fire incidents/ 1,000 population Fire Department Fire Operations 31.9 32.4 7.5 11.3 Percentage of firefighters passing Fire Department Fire Operations 100% 100% 100% 100% annual fitness test Number hours of training per employee Fire Department Fire Operations 158 150 24.1 69.3 Fire responsetimes underfive minutes Fire Department Fire Operations 81% 90% 84% 83% 84% (call dispatch to arrival) Percentage of structure fires contained Fire Department Fire Operations 100% 100% 0% 25% to the room of origin Number of EMS incidents Fire Department EMS Operations 750 780 181 188 Number of ambulance transports Fire Department EMS Operations 453 450 111 125 Ambulance billing revenue Fire Department EMS Operations $236,000 $250,000 $88,200 $70,000 Number of hours of training per Fire Department EMS Operations 158 150 24.1 69.3 employee Average total call time for ambulance Fire Department EMS Operations 58 min 55 min 52 min 56 min transports Percentage of ambulance transports vs. Fire Department EMS Operations 60% 60% 61% 66% non-transports Percentage of billed services recovered Fire Department EMS Operations 25% 30% 36% 29% Percentage EMS calls vs. overall FD call Fire Department EMS Operations 50% 50% 50% 43% volume 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Ambulance response in underfive Fire Department EMS Operations 83% 90% 84% 83% 84% minutes (call dispatch to arrival) Fire Prevention / Number of plans reviewed Fire Department 48 100 33 50 Investigations Fire Prevention / Number of permits issued Fire Department 56 100 33 50 Investigations Fire Prevention / Number of inspections performed Fire Department 152 135 108 88 Investigations Percentage of plans reviewed within 48 Fire Prevention / Fire Department 900/ 950~ 980/ 960~ hours Investigations Percentage of inspections performed Fire Prevention / Fire Department 950/ 950~ 980/ 990~ within 48 hours of request Investigations Fire loss valuation as a percentage of tax Fire Prevention / Fire Department 0.00002% 0.00030% 0.00030% 0.00030% base Investigations Percentage of fire investigations cleared Fire Prevention / Fire Department 100% 100% 100% 100% within 30 days Investigations Fire Prevention / Number of fire investigations Fire Department 12 10 3 2 Investigations Fire Prevention / Amount of permit fees collected Fire Department $10,000 $10,000 $1,550 $2,050 $8,000 Investigations Number of participants in all public Fire Prevention / relations/fire safety events Fire Department Investigations 2,758 3,000 465 729 2,500 Percentage of citizens surveyed satisfied Fire Department Fire Administration 93% 95% BIENNIAL MEASURE NA with Fire Department services Percentage of Citizen Fire Academy participants who join CFAAA/Rehab Fire Department Fire Administration 67% 75% BIENNIAL MEASURE NA Team Percentage oftarget hazards inspected Fire Department Fire Operations 100% 100% ANNUAL MEASURE NA Percentage of citizens surveyed satisfied Fire Department EMS Operations 95% 95% BIENNIAL MEASURE NA with ambulance service 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual POLICE DEPARTMENT Percentage of open records requests processed within statutory Police Department Police Administration New Measure 100% 100% 100% requirements Percentage of departmental state- licensed employees current with Police Department Police Administration New measure 100% 100% 100% mandated state training requirements UCR Part 1 Crime Rate per 1,000 Police Department Police Administration 12.84 <12 2.98 2.63 persons Number of self-initiated calls for service Police Department Police Patrol New measure 12,000 3,341 3,880 (proactive, community policing) Injury accidents per 1,000 population Police Department Police Patrol 1.5 1.4 0.42 0.40 Average Priority 1 response time (call Police Department Police Patrol 5:15 <5:00 4:31 4:36 dispatch to arrival) Number of criminal offenses assigned Police Department Criminal Investigations 1,008 <1,000 200 220 and investigated Percentage of criminal offenses filed by Police Department Criminal Investigations 32% 30% 24% 26% investigators Percentage of UCR Part 1 Crimes Police Department Criminal Investigations 30% 35% 57% 41% cleared Percentage of crime victims contacted Police Department Criminal Investigations 88% 95% 84% 94% by investigators within 3 days Percentage of incoming 911 calls to dispatch answered within 10 seconds Police Department Communications New Measure 95% 100% 100% (National Emergency Number Association standards) Average Priority 1 response time (call Police Department Communications 2:54 <1:30 1:11 1:12 receipt to dispatch) Number of police volunteer hours Police Department Community Services 1,794 2,000 310 282 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of crime prevention activities Police Department Community Services New Measure 30 7 11 Number of persons contacted by the Police Department Community Services New Measure 2,000 431 384 1,750 Community Services Officer Number of residential and commercial Police Department Community Services New measure 50 4 11 40 security surveys Number of students taught and School Resource Police Department New Measure 650 551 280 mentored Officers Number of students and parents School Resource contacted outside of Police Department New Measure 600 463 466 Officers instruction/mentoring School Resource Number of student arrests and citations Police Department New Measure <200 37 19 Officers Number of formal presentations and School Resource Police Department New Measure 25 4 15 instruction Officers Total number of outstanding warrants Police Department Warrant Officer 4,350 <4,000 4,855 4,860 in system Number of warrants served Police Department Warrant Officer 3,639 4,000 713 838 Percentage of established monthly collection goal achieved ($30,000 per Police Department Warrant Officer 117% 100% 84% 110% month) Total net revenue from warrants Police Department Warrant Officer $420,623 $360,000 $75,113 $98,558 collected Number of animal control calls for Police Department Animal Control 1,751 <1,700 406 435 service Average after-hours response time Police Department Animal Control New Measure <30:00 23:00 NA Number of pet licenses issued Police Department Animal Control 187 200 52 57 Number of stray animals impounded Police Department Animal Control 173 <150 57 41 <200 Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Total number of all code violations Police Department Code Enforcement 1,338 1,400 508 497 processed Percentage of code violations located Police Department Code Enforcement New Measure 15% 55% 74% proactively Total number of notices of violation Police Department Code Enforcement 467 <400 30 92 sent out Percentage of violation notices via Police Department Code Enforcement 27% 50% 66% 13% courtesy door hangers Percentage of Citizen Police Academy graduates who join police volunteer programs Police Department Community Services 80% 85% ANNUAL MEASURE NA Overall citizen satisfaction with code enforcement police Department Code Enforcement 68% 70% BIENNIAL MEASURE NA Percentage of citizens listing stray animals as a neighborhood concern police Department Animal Control 44% 40% BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with animal control police Department Animal Control 74% 77% BIENNIAL MEASURE NA Citizen satisfaction of speed in responding to police calls police Department Communications 67% 70% BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with traffic enforcement police Department Police Patrol 72% 75% BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with speed in responding to police calls police Department Police Patrol 67% 70% BIENNIAL MEASURE NA Average percentage of citizens surveyed rating of police courtesy, professionalism, and customer service Police Department Police Administration 76% 78% BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with police services Police Department Police Administration 90% 93% BIENNIAL MEASURE NA 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual PARKS AND RECREATION Number of class participants Parks and Recreation Senior Center 1,180 1,200 416 398 Number of special events Parks and Recreation Senior Center 8 8 2 2 Value of donations Parks and Recreation Senior Center $3,020 $3,100 $1,125 $1,710 Average visits per month Parks and Recreation Senior Center New Measure 300 288 590 Percentage of Colleyville seniors Parks and Recreation Senior Center New Measure 70% 53% 54% 54% participating Number of classes/programs offered Parks and Recreation Senior Center 208 210 43 36 158 Value of volunteer hours @$20.80 per Parks and Recreation Senior Center $26,886 $26,800 $4,153 $4,077 hour Number of class participants Parks and Recreation Recreation 2,037 2,200 323 261 Percentage of offered classes/programs Parks and Recreation Recreation 22% 50% 50% 36% held Number of facility reservations Parks and Recreation Recreation 262 250 68 59 Value of donations Parks and Recreation Recreation $3,118 $3,000 $350 $1,181 Number of special events Parks and Recreation Recreation 15 12 1 3 10 Value of volunteer hours @$20.80 per Parks and Recreation Recreation $11,440 $10,800 $1,237 $1,872 hour Number of mowing cycles for athletic Athletic Field Parks and Recreation New Measure 60 13 12 fields Maintenance 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of staff hours on mowing Athletic Field Parks and Recreation 1,122 1,100 230 184 athletic fields Maintenance Number of staff hours on athletic field Athletic Field Parks and Recreation 2,918 3,050 416 701 maintenance Maintenance Number of staff hours on preparing Athletic Field Parks and Recreation 1,060 1,100 309 163 athletic fields for games Maintenance Percentage of revenue recovery and Athletic Field value of donations generated by athletic Parks and Recreation New Measure 9% 5% NA Maintenance program Number of Colleyville youth population Athletic Field Parks and Recreation New Measure 2,333 1,161 NA participating in programs Maintenance Percentage of participants that are non- Athletic Field Parks and Recreation New Measure 49% 47% NA residents for all youth sports Maintenance Number of public park acres per 1,000 Parks and Recreation Park Maintenance 12.72 12.72 12.72 12.72 residents Percentage of inspections completed Parks and Recreation Park Maintenance New Measure 90% 94% 96% within established time frames Percentage of park inspections meeting Parks and Recreation Park Maintenance New Measure 85% 91% 91% standards Number of volunteer hours Parks and Recreation Park Maintenance New Measure 2,028 436 159 Value of volunteer hours @$20.80 per Parks and Recreation Park Maintenance New measure $42,182 $9,069 $3,307 hour Value of donations to program Parks and Recreation Park Maintenance New Measure $2,000 $500 $0 Average annual maintenance cost per Parks and Recreation Park Maintenance $4,284 $3,900 NA $3,900 acre managed Percentage of citizens surveyed satisfied Athletic Field Parks and Recreation New Measure 85% BIENNIAL MEASURE NA with athletic field maintenance Maintenance Percentage of citizens surveyed satisfied Parks and Recreation Recreation 93% 95% BIENNIAL MEASURE NA with recreation services 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of citizens surveyed satisfied Parks and Recreation Park Maintenance New Measure 85% BIENNIAL MEASURE NA with park maintenance Percentage of seniors surveyed satisfied Parks and Recreation Senior Center New Measure 85% BIENNIAL MEASURE NA with the programs at the senior center STRE ETS Number of square yards of concrete curb/ gutter and pavement repaired or Streets Street Maintenance New Measure 2,000 8 1 replaced Number of repairs made to traffic Sign and Signal Streets New Measure 13 4 2 signals within 24 hours Maintenance Number of repairs made to school zone Sign and Signal and flood warning signals within 24 Streets New Measure 24 8 2 Maintenance hours Percentage of calls returned within 48 Streets Street Maintenance New Measure 100% 28% 28% 80% hours Number of street signs replaced or Sign and Signal Streets New Measure 200 46 39 180 repaired within 24 hours Maintenance Number of lane miles of pavement Streets Street Maintenance 100 60 1 1.26 repaired per FTE Number of lane miles of pavement Streets Street Maintenance 50 50 1.1 0 resu rfa ced Number of square yards of sidewalk Streets Street Maintenance New Measure 1,000 7 0 repaired or replaced Percentage of citizens surveyed satisfied Streets Street Maintenance 75% 85% BIENNIAL MEASURE NA with street maintenance COMMUNICATIONS City-initiated news leads Communications Communications 15 20 4 12 Responses to media inquires within 1 Communications Communications 93% 950~ 9$% 960~ hour Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Coverage in print broadcast , , Communications Communications $94 120 $100 000 $24 076 $18 500 online/associated media value , , , , Public Information Communications Communications 3 5 2 2 C i i d ampa gns/assoc ate measurements Visits to Colleyville.com Communications Communications 200 000 205 000 49 000 58 000 , , , , E-newslettersubscribers Communications Communications 950 1 100 894 1 023 , , Percentage of citizens surveyed satisfied with being kept informed about City business Communications Communications 80% 80% BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with the City providing an adequate forum for public input Communications Communications 74% 74% BIENNIAL MEASURE NA COLLEYVILLE CENTER Number of proposals/ quotes/tours/calls generated Colleyville Center Colleyville Center 2,530 3,000 1,110 1,235 Revenue generated from bookings Colleyville Center Colleyville Center $189,530 $215,000 $55,454 $52,112 Number of staff hours to sustain annual operation Colleyville Center Colleyville Center 7,481 8,000 2,520 2,038 Percentage of cost recovery Colleyville Center Colleyville Center 57% 60% 65% 74% Percentage of events generating economic impact for local business Colleyville Center Colleyville Center New Measure 50% 56% 52% Percentage of customer satisfaction ratings of "excellent" Colleyville Center Colleyville Center 97% 98% 97% 990/ Number of confirmed bookings Colleyville Center Colleyville Center 373 420 103 113 Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Percentage of marketing initiatives implemented from the Center's strategic marketing plan Colleyville Center Colleyville Center 100% 100% ANNUAL MEASURE NA HUMAN RESOURCES Organizational Percentageturnover Human Resources 16% 10% 3% 3% D l t eve opmen Percentage of full-time employees with Organizational Human Resources New Measure 40% 43% 42% 10+ ears Develo ment y p Percentage ofjobs filled within 60 Organizational Human Resources New Measure 90% 83% 100% calendar days Development Workers' Number of hours of lost time Human Resources 1,698 500 0 117.5 Compensation Percentage of positions' salary ranges within +-5% of market Human Resources Benefits and Compensation Administration 64% 70% ANNUAL MEASURE NA Benefit to payroll ratio Human Resources Benefits and Compensation Administration New Measure 0.4:1 ANNUAL MEASURE NA RetirementTMRS cost pertotal number of full-time employees and retirees Human Resources Benefits and Compensation Administration New Measure $5,500 ANNUAL MEASURE NA HR total operating cost per FTE Human Resources Benefits and Compensation Administration New Measure $1,300 ANNUAL MEASURE NA Percentage of employees that are satisfied with the level of customer service provided by HR Human Resources Benefits and Compensation Administration New Measure 80% ANNUAL MEASURE NA Percentage of employees that are satisfied with benefits Human Resources Benefits and Compensation Administration New Measure 90% ANNUAL MEASURE NA Employee to citizen ratio Human Resources Organizational Development 8:1,000 8:1,000 ANNUAL MEASURE NA HR staffto employee ratio Human Resources Organizational Development New Measure 1.5 ANNUAL MEASURE NA Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Workers' compensation cost per employee Human Resources Workers' Compensation New Measure $900 ANNUAL MEASURE NA Experience modifier Human Resources Workers' Compensation 0.69 0.69 ANNUAL MEASURE NA Number of injuries per employee base Human Resources Workers' Compensation New Measure 20 ANNUAL MEASURE NA MUNICIPAL COURT Number of warrants issued per FTE Municipal Court Municipal Court 2 728 2 800 577 351 , , Number of warrants cleared er FTE Munici al Court Munici al Court 1 213 1 174 237 279 p p p , , Number ofjurytrials Municipal Court Municipal Court 10 12 0 4 Number of citations filed per FTE Municipal Court Municipal Court 4,622 4,167 901 996 4,000 Number of citations cleared per FTE Municipal Court Municipal Court 4,775 4,250 884 1,042 4,150 Percentage of citizens surveyed satisfied with Municipal Court Services Municipal Court Municipal Court 94% 95% BIENNIAL MEASURE NA FLEET MAINTENANCE Percentage of vehicles serviced in 2 days Fleet Maintenance Fleet Maintenance New Measure 9g% 97% 98% Preventative maintenance dollars as percent of total budget Fleet Maintenance Fleet Maintenance New Measure 15% 16% 16% 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual BUILDING SERVICES Percentage of work orders responded Building Services Building Services 98% 100% 100% 100% to with 24 hours Ratio of scheduled maintenance to Building Services Building Services 75% 80% 80% 80% unscheduled maintenance Percentage of scheduled preventative Building Services Building Services 100% 100% 100% 100% maintenance completed on time Percentage of internal customers Building Services Building Services 95% 98% ANNUAL MEASURE NA satisfied with facility environment INFORMATION SERVICES Network/Desktop Percentage of broadcast uptime Information Services gg,gg~/ gg ggo/ 99 990/ 99 990~ Services Percentage of work orders completed Network/Desktop Information Services 99% 90% 83% 79% on time Services Percentage of emergency requests Network/Desktop Information Services 100% 100% 100% 100% completed within 24 hours Services Network/Desktop Number of work orders completed Information Services 964 800 271 214 Services Total number of equipment pieces Network/Desktop Information Services 423 410 410 407 maintained by department Services Percentage of network data and Network/Desktop Information Services 99,99~/ gg ggo/ 99 860/ 99 990/ 99 900~ telecommunications uptime Services Percentage of IT work plan projects Network/Desktop Information Services New Measure 100% 75% 100% 90% completed on time Services Network/Desktop Percentage of data backup success Information Services New Measure 100% 960~ 940~ 9$% Services Percentage of product requests Graphical Information Information Services New Measure 96% 97.3% 97.5% completed on time Services (GIS) Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Actual Year End Projection Graphical Information Number of work orders completed Information Services New Measure 450 106 90 S i GIS erv ces ( ) Percentage of external customers Graphical Information Information Services New measure 10% 8.5% 12.2% served Services (GIS) Percentage of addresses and or plat issues responded to within 24 hours Information Services Graphical Information Services (GIS) New Measure 100% 67% 100% 90% UTILITY ADMINISTRATION Percentage of street light outages reported to utility company within one business day Utility Administration Utility Administration New Measure 98% 90% 98% 950/ UTILITY BILLING Percentage of service orders closed out Utility Billing Utility Billing 99 90% 100% 100% 100% on time . Percentage of automatic draft Utility Billing Utility Billing 12% 12% 12% 13% t /t t l t cus omers o a cus omers Number of utility accounts per FTE Utility Billing Utility Billing 3 003 3 026 3 006 3 007 , , , , Percentage of billing accuracy rate Utility Billing Utility Billing 99.5% 99 70/ 99 40/ 99 Do/ 99 50~ Percentage of customers paying before cutoff Utility Billing Utility Billing 97.50% 99.85% 96.49% 96.97% 98.00% Percentage of citizens surveyed satisfied with utility billing services Utility Billing Utility Billing 89.60% 90% BIENNIAL MEASURE NA UTILITY OPERATIONS Cost per linear foot of line maintained Utility Operations Wastewater Maintenance New Measure $1.69 $1.40 $1.55 Number of stoppages Utility Operations Wastewater Maintenance 5 5 2 2 Performance Measures Department Program FY 2010 Actual FY 2011 Target 1st Quarter Actual 2nd Quarter Actual 3rd Quarter Actual 4th Quarter Year End Projection Actual Percentage of total lines cleaned quarterly Utility Operations Wastewater Maintenance 19% 23% 16% 14% 21% Linear feet of line maintained per FTE Utility Operations Wastewater Maintenance 135,275 175,296 27,930 19,993 Cost per linear foot of line maintained Utility Operations Water Maintenance New Measure $1.21 $0.27 $0.89 Miles maintained per FTE Utility Operations Water Maintenance New Measure 15.83 16.66 16.66 Percentage of ineters replaced on schedule Utility Operations Water Maintenance 100% 100% 100% 100% Meter reading accuracy Utility Operations Water Maintenance 96% 98% 99.36% 98.00% Percentage of monthly water samples testing negative for coloform bacteria Utility Operations Water Maintenance 100% 100% 100% 100% Water loss ratio Utility Operations Water Maintenance .01 % <5% 0.00% 1.19% Percentage of citizens surveyed satisfied with wastewater service Utility Operations Wastewater Maintenance 90 0/ 95 0~ BIENNIAL MEASURE NA Percentage of citizens surveyed satisfied with water service Utility Operations Water Maintenance 91% 95 % BIENNIAL MEASURE NA D RAI NAG E Number of miles of drainage ditch Draina e Draina e Maintenance 12 576 10 0 13 1 59 cleaned er FTE g g . . . p Number of drainage complaints Draina e Draina e Maintenance New Measure 70 2 3 g g received during storm events Number of lane miles of public streets swept per FTE Drainage Drainage Maintenance New Measure 2,619 449 529 2,500 R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 05/17/2011 Agenda No.: PC-3 File Name: Presentation of the Quarterly Investment Report Attachments: Quarterly Investment Report History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Presentation of the Quarterly Investment Report Explanation During the period of January 1, 2011 through March 31, 2011, the City of Colleyville had an average of $42,976,947 invested on a daily basis, which earned $36,565, with an average yield of 0.35%. The average yield on investments for this quarter is down from the prior quarter's average of 0.37%. As of March 31, 2011, the City had $43,913,756 invested in the LOGIC Investment Pool, CDARS Certificates of Deposit and various debt instruments in the following percentages: LOGIC Investment Pool 60.21 % FHLB Notes 20.04% Certificates of Deposit 3.42% FFCB Notes 10.64% Treasury Notes 5.69% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on March 31, 2011 was $16,013,447 as compared to a purchase price of $16,065,699 (this excludes LOGIC Investment Pool and CDARS Certificates of Deposit). The Colleyville Economic Development Corporation currently holds a Treasury Note ($550,000) with a market value of $550,688 and a purchase price of $552,578. Additionally, $1,371,702 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $1,305 for the quarter. The quarterly investment report was presented to the Audit Committee at their May 3, 2011 meeting. City of Colleyville Page 1 Printed on 5/13/2011 QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING MARCH 31, 2011 THIS REPORT IS IN COMPLIANCE WITH THE PUBLIC FUNDS INVESTMENT ACT ~ OUTSTANDING INVESTMENTS AT MARCH 31, 2011 PURCHASE PAR MARKET VALUE MATURITY YIELD ON PRICE VALUE @ 3/31/11 DATE INVESTMENT TREASURYNOTE $1,205,484 $1,200,000 $1,200,703 4/30/2011 0.409% FHLBNOTE $1,007,590 $1,000,000 $1,001,764 6/3/2011 0.514% FFCBNOTE $999,010 $1,000,000 $1,000,887 6/9/2011 0.642% FHLB NOTE $516,388 $500,000 $503,137 6/10/2011 0.653% FHLB NOTE $1,039,762 $1,000,000 $1,007,598 6/10/2011 0.608% FHLB NOTE ~1,000,000 $1,000,000 $1,001,444 7/15/2011 0.600% FFCB NOTE $769,434 $770,000 $772,171 10/5/2011 0.800% FHLB NOTE $1,302,857 $1,300,000 $1,304,150 12/21/2011 0.600% FHLB NOTE $499,558 $500,000 $499,633 2/8/2012 0.339% FHLB NOTE $1,000,000 $1,000,000 $1,005,894 2/28/2012 1.001% TREASURY NOTE $1,310,004 $1,300,000 $1,308,684 3/31/2012 0.381% FFCB NOTE $899,550 $900,000 $900,043 6/13/2012 0.579% FHLBNOTE $1,005,818 $1,000,000 $1,004,416 6/28/2012 0.480% FHLBNOTE $1,000,000 $1,000,000 $998,400 8/23/2012 0.600% FHLBNOTE $511,144 $500,000 $509,978 9/14/2012 0.520% FFCB NOTE $999,100 $1,000,000 $996,136 9/24/2012 0.500% FFCB NOTE $1,000,000 $1,000,000 $998,409 1/7/2013 0.890% TOTAL OUTSTANDING INVESTMENTS $16,065,699 $15,970,000 $16,013,447 CITY OF COLLEYVILLE BALANCES AT MARCH 31, 20110 INVESTMENT PURCHASES $15,970,000 CDAR'S CERTIFICATES OF DEPOSIT $1,501,955 LOGIC INVESTMENT POOL $26,441,801 TOTAL CITY INVESTMENTS HELD AT MARCH 31, 2011 ~43,913,756 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT MARCH 31, 2011 INVESTMENT PURCHASES $550,000 LOGIC INVESTMENT POOL $1,371,702 TOTAL CEDC INVESTMENTS HELD AT MARCH 31, 20t 1 $1,921,702 TOTAL INVESTMENTS HELD BY CITY OF COLLEYVILLE AND COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT MARCH 31, 2011 $45,835,458 INTEREST EARNINGS ON CITY OF COLLEYVILLE INVESTMENTS FOR THE PERIOD OF JANUARY 1- MARCH 31, 2011 PURCHASE PAR MATURITY YIELD ON INTEREST PRICE VALUE DATE INVESTMENT EARNED FHLB NOTE $850,000 $850,000 2/28/2011 1.001% $1,352 TREASURY NOTE $1,205,484 $1,200,000 4/30/2011 0,409% $1,210 FHLB NOTE $1,007,590 $1,000,000 6/3/2011 0.514% $1,266 FFCB NOTE $999,010 $1,000,000 6/9/2011 0.642% $1,583 FHLB NOTE $516,388 $500,000 6/10/2011 0.653% $805 FHLB NOTE $1,000,000 $1,000,000 6/10/2011 0.608% $1,499 FHLB NOTE $1,000,000 $1,000,000 7/15/2011 0.600% $1,479 FFCB NOTE $769,434 $770,000 10/5/2011 0.800% $1,519 FHLB NOTE $1,302,857 $1,300,000 12/21/2011 0.600% $1,923 FHLB NOTE $499,558 $500,000 2/8/2012 0.339% $228 FHLB NOTE $1,000,000 $1,000,000 2/28/2012 1.001% $2,469 TREASURY NOTE $1,310,004 $1,300,000 3/31/2012 0.381% $1,221 FFCB NOTE $899,550 $900,000 6/13/2012 0.579% $1,284 FHLB NOTE $1,005,818 $1,000,000 6/28/2012 0.480% $1,184 FHLB NOTE $1,000,000 $1,000,000 8/23/2012 0.600% $608 FHLB NOTE $511,144 $500,000 9/14/2012 0.520% $164 FFCB NOTE $999,100 $1,000,000 9/24/2012 0.500% $82 FFCB NOTE $1,000,000 $1,000,000 1/7/2013 0.890% $2,048 TOTAL INTEREST EARNED ON C ITY INVESTMENTS HELD JANUARY 1 , 2011 THROUGH MARCH 31, 2011 $21,926 RECAP OF MARKET VALUES ON INVESTMENTS HELD JANUARY 1- MARCH 31, 2011 INVESTMENT PURCHASE MATURITY PURCHASE PAR MARKET LESS PLUS MARKET REALIZED MARKET DATE DATE PRICE VALUE VALUE MATURITY PERIOD VALUE GAIN/(LOSS) GAIN/(LOSS) @ 12-31-10 PROCEEDS PURCHASES @ 3-31-11 FROM 12-30-10 FROM 12-30-10 FHLB NOTE 8/10/2009 2/28/2011 $850,000 $850,000 $850,538 $850,000 N/A N/A N/A N/A FHLB NOTE 1/21/2010 6/9/2011 $999,010 $1,000,000 $1,001,600 N/A N/A $1,000,887 N/A ($713) FHLB NOTE 2/22/2010 7/15/2011 $1,000,000 $1,000,000 $1,001,645 N/A N/A $1,001,444 N/A ($201) FHLB NOTE 3/4/2010 6/3/2011 $1,007,590 $1,000,000 $1,003,890 N/A N/A $1,001,764 N/A ($2,126) FHLB NOTE 3/23/2010 6/10/2011 $516,388 $500,000 $506,872 N/A N/A $503,137 N/A ($3,735) FFCB NOTE 4/12/2010 10/5/2011 $769,434 $770,000 $772,247 N/A N/A $772,171 N/A ($76) FHLB NOTE 4/23/2010 2/28/2012 $1,000,000 $1,000,000 $1,006,441 N/A N/A $1,005,894 N/A ($547) FHLB NOTE 5/5/2010 6/10/2011 $1,039,762 $1,000,000 $1,016,737 N/A N/A $1,007,598 N/A ($9,139) TREASURY NOTE 5/6/2010 4/30/2011 $1,205,484 $1,200,000 $1,202,719 N/A N/A $1,200,703 N/A ($2,016) FHLB NOTE 6/30/2010 12/21/2011 $1,302,857 $1,300,000 $1,304,456 N/A N/A $1,304,150 N/A ($306) FFCB NOTE 9/13/2010 6/13/2012 $899,550 $900,000 $900,023 N/A N/A $900,043 N/A $20 FHLB NOTE 12/14/2010 6/28/2012 $1,005,818 $1,000,000 $1,005,045 N/A N/A $1,004,416 N/A N/A TREASURY NOTE 12/31/2010 3/31/2012 $1,310,004 $1,300,000 $1,310,004 N/A N/A $1,308,684 N/A N/A FFCB NOTE 1/7/2011 1/7/2013 $1,000,000 $1,000,000 N/A N/A $1,000,000 $998,409 N/A N/A FHLB NOTE 2/11/2011 2/8/2012 $499,558 $500,000 N/A N/A $500,000 $499,633 N/A N/A FHLB NOTE 2/23/2011 8/23/2012 $1,000,000 $1,000,000 N/A N/A $1,000,000 $998,400 N/A N/A FHLB NOTE 3/9/2011 9/14/2012 $511,144 $500,000 N/A N/A $500,000 $509,978 N/A N/A FFCB NOTE 3/24/2011 9/24/2012 $999,100 $1,000,000 N/A N/A $1,000,000 $996,136 N/A N/A TOTALS $12,882,217 $850,000 $4,000,000 $16,013,447 $0 ($18,839) LISTING OF INVESTMENTS BY GENERAL LEDGER ACCOUNT NUMBER OUTSTANDING INVESTMENTS AT 3-31-11 ALLOCATION OF INVESTMENT- ACCOUNT INVESTMENT G/L TOTAL 001-1172 GENERAL FUND OPERATING $9,641,821.37 002-1166 UTILITY DEBT SERVICE RESERVE $662,049.54 002-1172 UTILITY FUND OPERATING $1,282,352.00 002-1178 CUSTOMER DEPOSITS 5402,784.28 002-1557 THE RESERVE LIFT STATION $61,990.64 003-1180 BEDFORD BRIDGE ESCROW $35,929.92 003-1188 TOWN CENTER/HWY26 $36,260.35 003-1192 MCDONWELL WOODS EST ESCROW $10,976.28 003-1200 LONGWOOD-PARKING ESCROW $13,355.63 003-1204 BEDFORD LAKES/SOMERSET $227,563.09 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC $46,787.76 003-1229 GLADE RD SUMMERBROOK $57,167.12 003-1231 LAKEWOOD ESCROW $26,056.10 003-1236 E. GLADE CRANBROOK ESCROW $117,579.53 003-1237 E. GLADE ASHMORE I ESCROW $52,837.79 003-1239 GLADE POINTS LANDSCAPE ESCROW $4,961.14 003-1247 GLADEM/AYSIDE ESCROW $42,342.74 003-1250 REATTA PLACE $98,283.01 003-1257 ASHMORE II A GLADE RD ESCROW $28,258.74 003-1268 MILL CREEK/ GLADE ESCROW $30,743.89 003-1271 ASHMORE III/GLADE ESCROW $65,191.34 003-1278 GLADE RD/ASHMORE IIB ESCROW $36,197.02 003-1301 LAKEWOOD PH IV $77,283.55 003-1304 VILLAS DEL MAR $60,214.49 003-1307 SPRING GARDEN $93,57821 003-1313 APPLEBEE'S $43,769.98 003-1319 REMINGTON PARK $27,767.22 003-1323 SHALIMAR $69,564.39 003-1325 PECAN GARDENS $32,409.01 003-1330 REMINGTON PARK $81,118.22 003-1340 CASTLETON MANOR $81,050.53 003-1357 CITGO/LD LOCKETT $56,705.80 003-1360 REMINGTON PARK PH III $78,625.44 003-1392 CLAIRMONT-PH I $104,783.75 003-1404 TANGLEWOOD $26,063.73 003-1418 CLAIRMONT-PH II $146,581.83 003-1486 CHANEL'S COURT $47,742.80 003-1551 LA VACA TRAIL $50,909.46 003-1563 VILLAS OF COLLEYVILLE $52,810.69 $0.00 005-1172 VOLUNTARY PARK FUND $199,549.87 012-1172 PARK LAND DEDICATION FUND $1,279,450.08 017-1172 DRAINAGE FUND OPERATING $119,808.65 024-1172 CEDC OPERATING $552,578.13 026-1172 TIF OPERATING $354,422.26 PER GENERAL LEDGER $16,618,277.37 VALUE AT MAT URITY $16,520,000.00 INTEREST REC EIVED TO MATURITY $143,556.10 OUTSTANDING INVESTMENTS AT 3-31-11 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE YIELD TO MATURIN ALLOCATION OF ACCOUNT INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1772 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HVJY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE Iil/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-7301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-7307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1340 CASTLETON MANOR 003-1357 CITGO/LD LOCKETT 003-7360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1486 CHANEL'S COURT 003-1551 LA VACA TRAIL 003-1563 VILLAS OF COLLEYVILLE 005-1172 VOLUNTARY PARK FUND 012-1172 PARK LAND DEDICATION FUND 017-1772 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERALLEDGER VALUE AT MATURITY INTEREST RECEIVED TO MATURITY TREASURY FFCB FHLB FHLB FHLB FFCB NOTE NOTE NOTE NOTE NOTE NOTE 31-Dec-10 07-Jan-11 71-Feb-11 23-Feb-11 09-Mar-11 24-Mar-it 31-Mar-12 07-Jan-13 08-Feb-12 23-Aug-12 14-Sep-12 24-Sep-12 0.225% 0.190% 0.175% 0.155% 0.155% 0.750% 0.381% 0.890% 0.339% 0.600% 0.520% 0.500% i,ooo,ooo.oo 35,929.92 46,78776 32,409.07 81.11822 833,337.32 511,144.00 999,100.00 229,161.60 766,662.68 57,167.12 52.837.79 28,258.74 30,743.89 65,191.34 36,797.02 199.549.87 553,732.51 69,483.65 290,992.97 37,310,003.91 si,ooo,ooo.o0 3499,557.50 $1,000,000.00 3511,144.00 5999,100.00 31,300,000.00 §t,ooo,ooo.o0 3500,000.00 $1,000,000.00 3500,000.00 31,000,000.00 $6,787.86 $77,824.38 $1,683.39 38,991.78 53953.88 $7,538.77 OUTSTANDING INVESTMENTS AT 3-31-11 INVESTMENT FHLB TREASURY TREASURY FHLB FFCB FHLB NOTE NOTE NOTE NOTE NOTE NOTE DATEACoUIRED OS-May-10 O6-May-10 06-May-10 30-Jun-10 73-Sep-10 14-Dec-10 MATURITYDATE 10-JUn-it 30-Apr-71 31-May-11 27-Dec-11 13-Jun-12 28-Jun-12 26 WEEK T-BILL AUCTION DISCOUNTNJEEK OF PURCHASE 0245 % 0.245°/u 0.245% 0.215% 0.190% 0.185% YIELD TO MATURITY 0.608 % 0.409% 0.435% 0.600% 0.579% 0.480% ALLOCATION OF ACCOUNT INVESTMENT 001-1172 GENERALFUNDOPERATING 1,005,818.00 002-1766 UTILITY DEBT SERVICE RESERVE 650,000.00 12,049.54 002-1172 UTILITY FUND OPERATING 382,802.00 899,550.00 002-1178 CUSTOMER DEPOSITS 6,960.00 002-1557 THE RESERVE LIFT STATION 67,990.64 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HWY26 36,260.35 003-1192 MCDONWELL WOODS EST ESCROW 10,976.28 003-1200 LONGWOOD-PARKING ESCROW 13,355.63 003-1204 BEDFORD LAKESISOMERSET 227,563.09 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-7229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 26,056.10 003-1236 E. GLADE CRANBROOK ESCROW 717,579.53 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 4,961.14 003-1247 GLADENJAYSIDE ESCROW 42,342.74 003-1250 REATTA PIACE 98,283.01 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 77,283.55 003-1304 VILLAS DEL MAR 60,214.49 003-1307 SPRING GARDEN 93,578.21 003-1313 APPLEBEE'S 43,769.98 003-1319 REMINGTON PARK 27,767.22 003-1323 SHALIMAR 69,564.39 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1340 CASTLETON MANOR 81,050.53 003-1357 CITGO/LD LOCKETT 56,705.80 003-7360 REMINGTON PARK PH ill 78,625.44 003-1392 CLAIRMONT-PH I 104,78375 003-1404 TANGLEWOOD 26,063.73 003-1418 CLAIRMONT-PH II 146,587.83 003-1486 CHANEL'S COURT 47,742.80 003-1551 LA VACA TRAIL 50,909.46 003-1563 VILLAS OF COLLEYVILLE 52 810.69 005-1172 VOLUNTARY PARK FUND 012-1172 PARK LAND DEDICATION FUND 725,717.57 017-1172 DRAINAGE FUND OPERATING 50,325.00 024-1172 CEDC OPERATING 552,578.13 026-1172 TIF OPERATING 63,429.29 PER GENERAL LEDGER $1,039,762.00 51,205,484.38 $552,578.13 51,302,857.40 $899,550.00 $1,005,818.00 VALUEATMATURIN $1,000,000.00 1,200,000.00 $550,000.00 51,300,000.00 $900,000.00 $1,000,000.00 INTEREST RECEIVED TO MATURIN $6,68023 54,826.95 $2,555.35 517,518.45 $9,122.82 $7,391.59 OUTSTANDING INVESTMENTS AT 331-11 INVESTMENT FFCB FHLB FHLB FHLB FFCB FHLB NOTE NOTE NOTE NOTE NOTE NOTE DATEACQUIRED 21-Jan-10 22-Feb-10 04-Mar-70 23-Mar-10 12-Apr-10 2a-Apr-10 MATURITYDATE 09-Jun-71 15-JU1-11 03-Jun-tt 10-Jun-11 05-OCl-ii 28-Feb-12 26WEEKT-BILLAUCTIONDISCOUNT/WEEKOFPURCHASE 0.145% 0.790% 0,185% 0.240% 0240% 0.220% YIELD TO MATURITY 0.642% 0.600% 0.514% 0.653% 0.800% 1.007 % ALLOCATION OF ACCOUNT INVESTMENT 001-1172 GENERALFUNDOPERATING 999,010.00 1,000,000.00 7,007,590.00 576,388.00 769,434.05 7,000,000.00 002-7166 UTILITY DEBT SERVICE RESERVE 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTERlHWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE i ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILLCREEK/GLADEESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-7304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1340 CASTLETON MANOR 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH i 003-1404 TANGLEWOOD 003-1478 CLAIRMONT-PH II 003-1486 CHANEL'S COURT 003-1551 LA VACA TRAIL 003-1563 VILLAS OF COLLEYVILLE 005-1172 VOLUNTARY PARK FUND 012-1172 PARK LAND DEDICATION FUND 017-7772 DRAINAGE FUND OPERATING 024-1772 CEDC OPERATING 026-7172 TIF OPERATING PERGENERALLEDGER 5999.010.00 51,000,000.00 51,007,590.00 $516,388.00 5769,434.05 51,000,000.00 VALUEATMATURITY 51,000,000.00 51,000,000.00 51,000,000.00 $500,000.00 5770,000.00 51,000,000.00 INTEREST RECEIVED TO MATURITY 58.864.05 $8,350.68 56,416.11 53,971.89 $9,130.51 518,547.40 CDARS CERTIFICATE OF DEPOSIT ALLOCATION CDARS CERTIFICATES OF DEPOSIT FUND ALLOCATION UTILITY FUND GENERALFUND GENERALFUND TOTAL INTEREST EARNED PURCHASE MATURITY INTEREST DURING AMOUNT DATE DATE RATE QUARTER $500,460.03 3/17/2011 4/14/2011 0.20% $268.46 $500,622.91 3/31/2011 6/30/2011 0.25% $311.36 $500,871.90 3/31/2011 9/29/2011 0.35% $430.80 $1,501,954.84 $1,010.62 LOGIC INVESTMENT POOL ALLOCATION AND GENERAL INFORMATION LOCAL GOVERNMENT INVESTMENT COOPERATIVE I"LOGIC" ACCOUNT ALLOCATION AT MARCH 31, 2011 ACCT # DESCRIPTION BALANCE GENERALFUND 001.1115 GENERAL OPERATING $2,057,592.01 UTILITY FUND 002.1115 UTILITY OPNS $1,681,553.01 002.1116 IMPACT FEES WATER $501,064.06 002.1130 UTIL~TY INTEREST & SINKING FUND $778,822.38 002.1294 IMPACT FEES SEWER $448,30329 CAP/TAL PROJECTS FUND 003.1113 IMPACT FEES/SA I $60,378.51 003.1396 2002 CERTIFICATES OF OBLIGATION $14,175.89 003.1508 MICRO-RESURFACING $302,616.48 003.1509 STREET RESURFACING $1,559,771.58 DEBT SERVICE FUND 004.1115 DEBT SERVICE OPERATING $1,147,542.03 DRAINAGE FUND 017.1115 DRAINAGE OPERATING $632,391.16 017.1159 DRAINAGE INT & SINKING FUND $138,888.60 017.1380 2001 DRAINAGE BONDS $2,312.36 T/F FUND 026.1115 TIF OPERATING $11,604,419.94 026.1383 2001 TIF BONDS $137,251.46 CCCPD FUND 027.1115 CCCPD OPERATING $635,954.09 027.1147 99 POLICE/COURT BLDG FUND $62,594.17 SALES TAX INCENTIVE AGREEMENT FUND 031.1115 SALES TAX INCENTIVE AGREEMENT OPERATING $765,955.02 CAPITAL EQUIPMENT REPLACEMENT FUND 032.1115 CAPITAL EQUIPMENT REPLACEMENT FUND $619,454.58 COLLEYVILLE TOMORRO W FUND 034.1115 COLLEYVILLE TOMORROW FUND $1,691,411.06 PARKS TOMORRO W FUND 035.1115 PARKS TOMORROW FUND $1,450,435.80 TOTAL LOGIC POOL BALANCE $26,292,887.48 I~ ~ ~ uuuu~~ii~~ii~ ~m~m ~;~ ~~ ~~~"~~ ~~~ ~~'~"~ ~~a~~~~rot I~w~v~;~t~~ ~~I~u~w~~a ~~~~~~'~~~~u,~`~~.~Cp "~'~~w~w~~~~ ,~,v~v~~,~ r~~t~~~~t~ ~~~~ ~~ ~~y:~ '~P"~MC~N~~~~ ~~r~r~~g~ ~Pl~~~ri~~+ ~~~"~ ~a~ ~~+~~ ~~;~ ~~~~~T, ~'~8~~ °~ ,~ 4 ~l "N °p ~ ~"a~taV ~d~r~rr~~~ +~~ N~~r~~~~,~~~~~ ~'~ ~ q~M~u~c~~~~~v~~~t ~~~ ~~~ ~r~~r~~te~ ~~~~a~~~~ t~ad~~~';~'~~"~ M~~~t~r~~t N~~~tr~b~,~~~~1 '~~~'~,~~~~,~~ ~~r~~c~~r~~N~~ ~~~ ~~rNll~~.t~~' ~~ ~~,, ~~~.~~ "~~ t~1~ l~t~~fr~~i~~w IIN~w~a~~t~~ ~~~a~a~ '~ "~~~ir ~.°~:~"'~'~ ~~~r~~~;~~~d ~ ~"~a+~N~"~ ~~.~~rr~r~t ~~~Mr~~ ~~~~~ ~~~~ ~~"~~"~~ ~~~ ~~~r~~g~ ~n~u~~~~~o~ ~3~~8~w~~~~ ~~,~17„~i~~~~~~»~~ ~~~x~~~ ~'a~~~~~li~ ~'i~~d, r~~~ ~ ~o~~pa~~ I~~~~~ 4w~~'~~~/~ ~wv~r~~+~ 'tif~~i~8~4~di ~~~~~~~ ~~tu~ri~~~r ~ ~ ~~ ~~ ~w~~~ ~~~~r~~+~ ~P~i~~~~~~ ~wwr~r~~~ ~~t~~re~~r ~~~~' ~~ ~~~~ ^ ~~ar~u,aiprv~r~u ~r'W4~~tqage~a~~~r~ ~~,~q~u-~~~: ~WBr~~~ ~t~ ~°N~ a~~ ~~p 6~~ 'Tlniwv~tb1~yiR~rl~r~r~ rv~~~a~tar~~~irirl~yr¢~~~qcWip~~~~ia~~~~r9.r,~ Wh~~~S~~" T~ti~q~z"~~~~~aBa~E~i~pqla~ro 4~~ ~t~ake~~9 ~or~r~zae°m9y d'~r ~~rry~ ~I+ar~~Ri~uap rsaC~ l¢+~YruQU~~r~E &~a~~c~ ~ru til~rti~ ~acurk~~liru t~'~ ~9r Rrt~s~n~s~~ ~?ro~ w~ kc~p~u7~r~ a^~~r,~~~~u rsro~9!uriB:y f~ir ft47~ p~~r~~V Tl~is !~o~i~s ~,ga~~ ~fl~~;a ~ht~.N r~ a~arn~~B[nik± r~rkrr ti~l,kiurn~;d'rG ~,W E~~ ~r~.ard9 irr ;3~~ K,~fc~nr~c~r r~~y~;~ u~r q~.~s .~Yra~N~ Vie~ stla.enF~~7~s~ Esr R~';~wa.t ~~~ udwk~4tirsik.y ~3r~i~raN ~u 7twra ~u+~ria~r~~i r'¢~eii~c~ur~uoti,~ ~,o~rGlQ ~d1~+ rr~ax~ 6~~i~9J~a,~~~~a~3rc~~ aaS Plro~~ YmtY~ttu~9: ~k'ata~ ~~~~~ ~1 Yda*~ w~i~rrat~~f auvti~w~~,~~a ~am,~~ur~~iuy~ ~, rel~~,iwi~~~9~~~r ai~u~~ rs~ ~o~,aJ i~~aa~~rtuu+~~~r ~rd~ ~bray ~I~a~4~a~u~ a~~i~ ir~zla•~.i~urr~rut:~ Nd~b~ inr~ ~1°raa ,~~s~r~~~~~a6irr ~~a r~a'r&a,~i~~~aa~ td~rr~ ~ac~ir,~8rkms¢~ ~rew~se;~g~~~ ax~~ai ~iri~w ~~rr° 9~N ie~.~~a~:ar~l. ~fi<~~q~s G~~lu.,~t.4 01d~~r~r~i~,~bf I~~d~racrrr,~~s~ru a~~r~ar~ ~uw~ro rr~~~ ~r~ ur~a9l+.r~dJ~rr~ e7r iaadr.Bm~~ p~~g~iNr.~rr~r~rs~~a~~.a„ ~~~ ~~~~~~;~~~~~~~~ '~,d~ ~r~a~wd Nu~~ kc~ w~M~ar~r~~ t~e ~i~Il~v~~N~~ r~r~iidi~~s ~rha vw j~~~r~ed ~.4~ti~ ir~ C+~ar~N~r. '~ J~~k~Ca~BUi~I~ b~~CY ~~~°~°~~~~~~~~ ~'~~°~~~~;~ ~~~~ Irr ~I~~ fir~k ~~a~~k~N°r r°A~~ ~~s~~~ b+aay~~ ~ay ~t~~r~~al~tav~ an~r~~C~r~y ,~~~~ ~i~~~l p~~~N{~^~, +~~r~ ~abl~ l~ ~~~lr~~~dn tN~~'ir a"~~P°~~r~~~r~t ~~~p~~t~ ~NC~r~~~i~ar~t ~qcrR~~f ~~~rw~~ ~h~t ~~~¢~~~~~u~~~l ~~ ~.~~r~dl th~ re~~~r~~y. t.N.~a, ~~c~!uitY ~n~r~~~s ~~~r ~.~t~ir ~t~~a~a~~st ~o~-s~ q~.~~r~t~r ~tnc;~ 1 ~9~, r'~~~v~a°~~rc~ ~~c~~~ ~~n~,~~r~r~~ ir~ ~~r~~ ~~~~~ ~aaG~ ~rw~~s ~r~d ~~~~ iN~r~~~~~t ~rf t~ti~ ~~rthc~~a~k~ ~r~~ ~~a~r~~~~k i~t J~~~rw. f~u~~~~, tN~~~ ~,~u~~r~~r, ~il ~~i~T~~~~u~r~u~~~ ~~rrrv~ ~~ ~a ~~~~ B~~r~~~B ~~ iM~~~~kr~a'~ ~v~r~`~~~ t~~~ l~~a~u~nr~Y~ 6rr tk~~ G~i~c~B~ ~~st ~r~r~ ~6car~l~ ~~~t~~ ~a~uqd ~d?~w°~,~~1 ~k~~~p~x~~s, p~rt'i~~wl~r9~y ~s ~a~~i~r~l~~~~~ ir~ LWi~ry~ ~m~~ ~~I~w~~ru ~~~~I~l~~~ ~M~rr~~~~~~s ~n ~c~r~~o~~~cdit~+ ~~u~'~ ~~a~d ~ric:~s r~~~~r~w°~IN~ ~~~v~, he*~c~hl~r~~d 'uN~r~~~tA~~~ ~;~r~ce:rn;~ i~ ~N~n~; rn~arl~~~. '~"I~otl~ ~~p~ru"~ ~~t~ar°~~ r~~~~st~rs ~ripN bik~~y ~~on~~~r~a~ ~~ q~~~~ r~~a~~~q~ ~P~~~~s ~~~ ~h~ ~1~aka~V ~~r~~~6y ~~~~i~n ~ma~ i~~v~s~~~~ ~vi1l ~~u°~k~m~~ tc~ ~~r'aitar~ p~r~gr°~~s ~f ~~~~ e~~~~~~r~~~~ ~c~~9~~r ~ri~~~, Ir~a ~~n~w°~~, il ~~a~~ r~c~ti ~~~~~~ 4~k~~t ~~~~~ ~v~r~~ti ~ w~M1N a~~r~i;~ ~~~ ~N~b~V ~~'~~ava:~y., V~ it~ r~~s~ ~~a~~:~BC ~~~l~tr~~~ttrv Ci'~~ ~~M"~G ~~aM~r~~,~~uoc~~~d C~~~~ti ~~~~y ~N°a~ ,~{~nr~x~W~~rN~~c~ tk~~~ ~vtaC~ati~a~o ~aF arrFn~~i~a~ ~rm~ im~fl~tic~rr ~x~~c;t~~d~~r~" 6~~ r~~~a~w~r~~ ~r~ ~~i~~~r ~,~~ro~~~sc~iRy ~~`ic~~~ 4k~a~ lh~y N~~I~~v~ h~~v~~ ~r~C~ ~ "°tr~r~~~~~~r~~ ~~~~~~~ ~~ bw~~fR;~~ica~~. ~~ qS 4;K,~~~~~~ ~~c~~ C'~'1~ ~1,~, ~~:~I°~K~t"~~' I~ ~9t1 ~ ~~~;~~~~ r~~~9 ~~a r~c~a~,+ery. V~+~n~t~rr~ ~~li~:y ~wiiN ~~~r~fa~~~~~ ~~a ~l~y ~~~~~~r~~~~~~~iv~ ~+~~i~h ~6~~aub~~ ~~t ~s ~ }~~rt~~l ~a~~~~~r ~~ lV~~ ~~i~~ Ar~ ~~~ ~~~9 t~il ~ar~~~~. k-@~aw~~v~~Y, ~iv~r~ tih~~ h~~ac~~o~~w~~ f~c~~a~ t~~ c:~r~~a~rrt~t°, ~a~~~t~a ~~~~y r~~z~ b~~~ ~~~~c~~&I~y str~~~c~ ~r'~ ~~~~ ~~~~r ~~~~r~ ur~A~~~ b~kaaK~ ie~c~~~'~~s i~'~~r~v~ ar~~d r~~l ~c~r~surr~~r ~~a~nc~ar~+~ ~~mr~~ ~'br~m~~~l~~~~~~W ~'''~,r,aR~ th~ ~=~~~"~P~N~~;~~~'k ~~r ~~°~"~ ~r~~wtN~ 1i~~ak~ t~~a~~~u~~i~~~~A~~~,, ~q~~~~r~ ~r~~ ~a~asi~iv~~ ~d~r7~s~ feair ~r~~utt~~. t~~~r~r~~~ct~e~~~M~~~~ ~t6~1 R~sr~9~~ ~~a+~r~c~ ~:~r~~i I~I~~r m~r~~ti~ ~~~~~r t~ Va~ ~~1N~ic~~ ~I~~nr f~as~~~~t~. 1~ n~ ~~ap~ ~r~~~~i~~~~c~ ka~r~k l~~ ~s~~tl vv~IV r~~t r~N~~ ~~~~~ ~.Ar~~id ~Ars~ ~!~~~~~~r 2()~f~ ~~ ~k~~ ~arli~~~~ ~'1~rBc~c1 ~~r°~rts~~t~~r~ d~~r~f~r°rra~r~~~~s Ne~~l~. w~cc~vw ~a~ k~~a~ ~taiqily ta ~urr~ c~f~ rr~~gtl~~ kr'~N~s~~~ ~~~a~~r ~;~~°~firr~a~C6~~a~ f~ar ~II a,¢~~~aarr~~s, Ya~ r~~a~l~b ~till r~~~i^~~ rr~~il!~c~ M~~~r~~~~~k~r ~~~k~~~~~nt~~ F~I~~~~ ~~nt~~~ ~~ ~~ ~' .~~~7.~~~.~a~~~ i~ ~~r~r ~r~ iu~~~~°~s~~~ fr~ k~7,i~ ~pt~c~r~. L~~~"~ l~ P'rt~cr~rrR~C~~ra Y~~a r~u~~ N°~c~11 t~~~t ~.~wt~l~ m~~~~~rt~y r~d~a~~d ~h~ r~s~r~rub~~ c~~ ~~a~~~«c~~~s ~n~l 1'1~'~ ~~r~~~~~~~"y ~c~ ~~~~~~ y~~ar L~~~~ ~~~c~~,Jr~k~. J~~ ~ r~rr~~~°~~~ra ~~1~~s~ ~~at~ ~~O~i yca~~ v~~fn rra~. qca~~~~ ~a~~ ~c~~r ~ ~ur~, u~ F~I~ k~ ~ci~r~1~Y~~ ~"~~ar~~NF~ru6~~r~ ~~~I~ b~rg ~~~N~ I~~rti~~Ap~r~t a~~~ra~~~. I~f~~~M~ c~Nlir~~ ~~~:rv6c:~ ~'~~, Y~u ~~UI a~~~~ ~c~ g~rs~vu~9~~ ~~~ sar~~ !~~~~ If~ ti~~~ yc~c.M ux~~~ wN~~~~a ~~~~ss~~~~~~ tl°~~ ~~l~rs°~~~t~~tr~r~~~~~i~d'~ ~,~~k~i~r~. Mf y~~~c,~ d'~ n~~ h~~r~ y~~ar 1~~~~'~ 1[~~ ~I~~~~ ~~n~~~t ~~ ~c~ ~+~ ~~es r°~~~r~~ ~hi> ~~ yaa~~, i't~ie~ drv#~w~~m~mki~rrz 9~~~ ~rr ~xc-p~q~P~ ~eqrn .~Ar ~~~r~p~n7YC e~~wr2 atl~rt~~!' ~'lr~r~lo 2~r'p1 r7r~ui~~~ ~~e t~43G4~` 4r~ ,lI~HAa9Ye,g~nu ~~~~a6 ~IMz~aaa5~~i~~Yru~~rek, quar~.,, kk~~ ~rawros~l~~~~dst~nt sa~ae~~~e~~r r~i t~a tl~.C14s1~ pYdras1~ ~~~~~~~ ~~ ~~~~~;~~~ ~"~~~~c~ ~rca~~ tt~a~ i~~ c~~~~rv~~c~~ a~F ~~a~ ~~arad ~p~i~~~y d°~c~Nx~i~:~, ~~~~~ ~rrPl t~~ ~1~;s~c0' c~rx ~'rr'c~"~~+, ~,~~~~~ ~~, ,~~~°~ ~,NI,~~I-I tw~~ar~,~~c:~i~r~;~ Gr~i~i~led ~r~,TN~~,rr;~c~aym ~«~au~iA ~4~~ w#Iq ~~lkl~ c~rv ~+l~r~d~~r, ~tgarif ~~~~, ~hG~ i~ ~a~~ ~~ ~f~~ ~~~~~u~~ ~~~~~ wn~N~~ru L~~~~~~ ar~ ~a~~r~ b~u~ ~~u~a k~t~ ~rT~ c~laa~c~~. I~d~~~~ ~aV~n~r ~~~~r~~or~~~y ~~ ~r~~~~ yc~~r ~icq~~qc~ity r~~~~~s. '°` ~ d' a~ ~ ~ ~ ~ ~, ~ 3t ~t~ 9~C~ ~~y~ ~G.;3~`"Cu ~~ ~~ "4 3~k t9~ay~ ~, r" t ~"l~ F~ ~a~ ;~(~ t9'..., _ 1~R.~2"/~ t:~a~~~r~m7~rcii~l P'~p~a~~ ~a~::t ~ic~&u~ar~l ~7A~t,r~ct ~R~, ~~~"!+i i~~~~~~~~~ ~~~~~ ~w~~a~r ~~~~~ 9~epaarch~sc~ Aa~rz;~a~~~n~~:~ "~'1.~ i°la ~p~c'rsww~ 4~a)°I'~ B°lw~h+~m C:~a~c~t'nun ~.~i'~ti~li~ c~~aw.o~~Cy 71,1 ~'~1,~ ~~ee I .~~''~,, ~~r~r~~~ ~c~a~ N~M~~~~~ ~JI~~ 1~~~~r~k~~r ~~ [~'~wr~~N~ ~~t~ ~"~ul~~ ~"~Ntw~ ~s^~~~ 1d~~u~ V~dl~1~ ~ ~, ~;~~ ~' * ~'~~~~6~i ~ar~~~ ~~~° ~ "R ~.;~~~~~3~J~ ~ ~~~a~~I ~~4~~J,~~ ~.{~~ ~ ~,~~'i ~'7'~~,~~~.~~? ~ .4~~~1'~~a' a~ &~~ 4'6:~ ~F~~a ~~ c~.~C~~~~'/~ ~~~;~~~~tU?w~7~.~it') 2,~~a„2~37%~~~k~.~~ 1.t~47~1ti~~a ~~ ~a~ ~"q~ %l~rn 'A~ 4J.~~~C~~/~ 2~~~~~~~:7,~~'l.;iC~ ~,5~~a4C~~~7~.~2 ~.~t7~~~~ 4~4 ~~ ~~~ M~~~ 1t9 ~.;~"N~~%o ~u1~°I,"79"~",~9~.'17 ~,~~~,~~~e1t~~.~~ 1.~NQC~~}~~ ~J ~~ 41~ ~t~V "~I ~ ~.~~~~~,~'~cs ~ r~'~~~~~.~a,~~~.~~ ~ a~+~~„~Jd~, R ~''~7.,~~ ~ ~~~~~~}~Y~ ~J~ ~? F ~ ~~ ~~~ "~~ ~.~~~~~,~ti ~r~'~~~~~~r~,~~~.~~ ~,~~.~~p~~~r~~~,.P~~3 ~.~~~~~~ ~~k ~C °~'~,~~ ~~~ '~ ~ ~,~~ ~ ~~Artti ~ n~'~~,~~~,~~~.~~'b ~ ~~~~, f ~~r~~ ~„~~ '~.~~~~% ~ °~~ )~ ~~~'~~ ,~~.#~ ~ I~ ~.~~~~~'~r 1 „JC7~~~~4~,~7~3`~ .~~' ~,~~wi,1 ~~ ,~31 w4.~~ 1.Q~4~d~~~~ ~'N ~~4 ~"1'C~ ..1t.d'V ~fl ~ C~.~~48~"la, ~„~'1 ~,~~~~~(~~.~3~ ~~ 1 °p ~~~~~,~~i'7e~r~ ~.~~~~' i~ 4~ a~ ~~D~ ,Ja,pa'~ '~~ ~.~~r~~°,~~ ~,~~~,'i"~~4,;~~ s.~7 ~,~F~~„8C7~~~4yi.~.~i °~.tl~d~~4~~;~ 4G~ ~~~ ~kC~~ P~~ayt ~f~ ~.~1~~a'A~ ~,~~~d~14~,:3~~.~~r 2,9~Ct~C~a~~~~if~,~~ ~.~~~~~i7 ~~ ~4~ ~~~ ~?,~~~ 1I~ 4~,~tlS'~~`?l~ ~~~~~',~~7,~~7.7'~ ~,~r'~~e~~~~~~~Z~.'!~ 1,~(~~~Y~~ ~~ r~ ~~0~ ~"~~~ft~~N~ ~'~~~ ~d~ i~"W~~'~'~ ~~ ~~ ~~~ ~"~ ~ ~~'"~ ~~~k ~'~I~~ ~N~rk~~ ~1~~~~~ 4~w~~r~v~~t~~' S~;~I~N~~~ ~ ~"~'~","~~ `~ ~`~r .~~ ,R~ccr~~~l +~f dr~tar~~':~4 fit~c~a~~r~ ~ ~.7~~.~~ ~ ~,7~F3."i"C~ lo~a~~r~~t ~r~d I'~!~rr~~~r~~~~~ F~~~ ~~y~~~~ ~"~~~~,'~ 4~~ 7~~ ~7fl~,1 ~~. ~~~ N~~~+~~~N~ ~cac ~~v~~~rrr~~^~t'~~~r~l~~~~~ ~~,~~'~,'~~~.1'~~ (~.~~~,1~~,°I'7~ I~~c~i~v~~~Y~ ~r~r ~~~v~~ta~~r°u~ ~~I~ ~,~~~Y ~.~~ Rt~q~~~~r~k~~a~~ ~,~,~~~~~~~a~~ ~4~ ;~~'~ 7,~D~3~b,~~ ~~k~3„~'~ ~'~~1~~.~.~~ ~a~wrrr~~~~rr~i~G ~~p~r ~,~4~~,~~T~~~~.~~~) 1 ~~~~, ~ ~~,~~~,~~ ~a~v~rr~u~'~~R~I ~~~~a~i~M~~ ~','~~~~3~~. a~£~.;a~' ~'~~„~J~~,~~;~~~~` ~"~~~u~ ~ ~y~~1 m~4~d~~~1'C~.~~M ~ ~aG~"~,'1~~,~~~r.~'~" ~u9~wr~krat s~l~~ty r~~ r.°r~fu,~IMrraw~ ~~~u~~.~ba~~ti~v~ru~~.. ~9~it~ fdq gnaaekr~a~^~~~~wgra~~,~zr~4srrC~, ita ~4 Yu~~~~sd'kYJo'~r ~~ m6~tl~:~ L~~p~rok'U:~tl~¢~. '~'~wa p'Dd:riitta~i~a i.. ~tii.ari~~~r~a3 ~ry ,~ d~ I'~~de~.,a~n ~~'w,3±~•~ ~6~.4;d~,, uun~rd k9~fi~ .~.~.,r,a~, ~rrr~ ~~a~Po.~krts,f~i~ irn r,fi „~t1~~a~Y~ir~ ~,du~,k~rJa~1,~~r~~aan~ekq ~I tlham d~~~~~rra0 ffi~g~~~.r~rww Nltdr~l~ 6s~u df~ir~ i~ar.i~ron~ ~s~ l~.J~V~WR'~:: Yhi~, ~aa~'Pg~ s~~a~~r~~.ww of ~A,~yr~ra~m~reR k.r 117[. M~~ro1i¢~.$~W~aurp~s~ ~rew~ ~Id~a~s ro.M.~w~;~ r,~~~ I..C,7(iC4; f Y~i~qaM a, nra:Pc~c~si¢ir~,a~ y,:,,~q~4~~r.rt~ s~ ~ra+yrmr~nC fa~u~ R@r~;r tl'uc~~d ,~hr~.fv ,x°,» ~r~u5aar~rr~~:dr CNr v~tia.ar~n9~~+~~a. :riMrr~a9leA y~va¢~ n~y~~kr~~r ~ ur,~ay ~u~ tlieo g~~e~~t~Pd~~hiv~~ RrU~~~ c~,ai i1,a~t d..C~DV;31~;. ffTrpahlc~i~a~+a~ ~i o~neu~aa~. IJ:NsI'o~y C~'t~tri~t C.:d~y ['tl d]C&dY!' ^'7~Sk~ !'~"%'~7R: C~.~~~ ~~. ~ 1 ~~. °N ~t f~, ^B ~~ ~~. t ? ~Y.~'~~ ~~, ~~ ~.~13 ~~.~~ ~ ~, ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~, ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~» ~ ~ ~ ~ ~ ~. ~ ~ ',~~~~'~"~"`~~~~~,``'~~"~'`~'~„~~~'~~'"~~"~~ ,~~~~'~`,~~~~~",~~^~'~r~°`~~~'~~`~`~C~~"~'~ ,~`~„"~~"~°.~*~~~~,~a~~s~~~~~,~~,"~~~,~,~,~~~~~~ ~~~,~~,~ °~ ~ ~ ~k.~ ~ a '~ ,a "~ ~f,~ IW~~y .~"-N~~NI ~~tt-~ ~~~:rN~ C~~~~ k'frp.~c~~r,~t~.ri.G1(^~~Fr~~rirtifa~i~ai~1~4~~.R7tarpr;~;„e!~~~w~~w@y`Nkr~~ur~4~rsrrn,MCirai~a~t~~,x~n~~rtt~prs~st~:a~u~.¢s^za~fTuaRr:ygaeyysrru~.~f;.a;~.cwauiaq qhr~~rq~i+avr~rs7l~.io~S~re~r~wtlurair'i~ti~~~~C«Birrcv~IW9`ra7rorvahrhu~rs~,~fl~4s~l~aa`~mluw.7Hio-yva~,~a9tla~(a~~r~~wi~aq~~9s,~,tl'w~Ya~n~aua~r. ~1,5 ~844:'~,[4wr']a.w i~' ~?r5¢re(~IW'~kdr~L"9'.4x rek~'~+ ~1f9 ~'~kiN'ff YY~ti P~7 fYl•a',~I'Y~~,~. @'I74: 4~Q,".7~,;, uFl&1n~~G5Pl'9Gip'#NC h~ prt,~t~ @7~H wb4'79uG!ii I~'k 4q,uIR 17v ~3b r;7#1C1' «Y9 flkv~y ~d0:a~'P~iRkCgal 6)F IJ1tl 9.{J~C'"ad4, 1.r7 r}C11mn'7i:'itPe.I~V~ ~ aLl~f$11 ~!f6 V 274~f~.: r:iIP1# f1~R Ctiw'N {Yt~a'iu13 6'~.11CYNrri rr~~fk~sa;4W~r;nivc~rr;rr~r~r,~ flvi;,~f~*ak~iN~i~{~ae~s?~reaq~aurivu~z~,wrrr~unhpn~9,~Qar7~ranF„r~~~a1~~~~qrv~Rrv~qvralP~~~~,i3,,kr~iyu~r~,rxr~kr~Yt~,~,~mauur~~~n~~f3ruar7t:YUC.a6i¢~arr;~~~tidhflui~sr~i~tnrWm,+~A~aG;a.~aruoGwu;~ta~iuaaukdruWP~a~r~.~~,:aueckyi&~wa~tlirc~~a~i~r~^da~~e~f~u~7~~.w~R~~u~~ f,ry filv+a N~c~Ys~i r.~t Y'~SY~aro,~i6 9~~e;;°~~urvaa~hser~r Y.~ua~~au~rautia,ria ~i a;depy a~hro~ ~~.nrv~rnrr~~n~;ratiV ,~~,„e~~owk~ ahlXFr~„u~tv t91~ i.r,,aa~~P :,~~~atiw~ tnr qai~.s~w~vr,!r ~I~~'v v.utes~ csP a~rv irw~sr.~tlu~un:~~~ai ~d b"I Y;qO ~~~?~ .,Bi~r~. l~t `r~~ ~A~a,~ueh~9~ P+~ ~+~~~a ~i rc:d~rw~~ k~p~ ui~~r~~rflr~+~ ~~~u 6h+;a ~ht~n~idy! fu?f4~rrr~~t~i+aoor:ula~.ul hl~~.~e. a+e~~~s ~NNi[ar ~aexAy~r;aFlarlct~~s4~ ~«rc. i~~ Il~~ui'auuuN"a~ li~~~wr7'i:~"~~iet.~ilbnt~uu~aa~~~retl~ni~lr,shiqrcM~r,9 kM~ra,a~'b e;rirr~~w~91,q &et~funiar~Ir~T+a~r~MrAb~. 9~tl~~rsy~i~cl ~iv Rkia~!~W,7 [7~uy 1'a~e~aT;~A~y I~iM ~'Y~~~k:9~lf ~'wr°~I~N iu~ ~zktic~,w~ra fcrr c,rarrv~e~uz~qPS~~ ~~i,ax~~a~ro~:~„ W~r~Ry,'w'h+4awYut ~nrr7aCe~r~1~~~rs~ II¢~r ~rns~a;,dw~r^issiG i G!tti~rrr~ raP llr~r I.C"a~V~. ~ctl 9~s Nr~x'f~~nl ^~+r~&t9, y~uu ~I~oial~.B (sr~~r~mo 1dvaN NI~c k.p:~~'38C gr4v;tl cisrr~r n,at arR' ~Blc'r~;~b~sarrrs CR ~a~a~ir.C~d`x, CRi+++ar,a~i!~~ ,~ya ~wrekia~~<~ ~~~M atl~1~f9Fa~ a~`r i;h~t~ d~~aa~lak~aY~i'a~* f~'+Sc~wr~a~s4u~7i~ «+,'r"~t~ttit[~r~vsiaut."~, %'h~'t ~4 ~"9011 Yae~~~:~ R~ Mc~k~7n ~o'C~tt~ CYl~navruEe~i'~ 6~"iaalfris.ra C,..~. ~tqiti~ t~rgaiwr~~~iF^~6u tiNqu a~~iGy reSPoi ,~iri~,l F¢wlt@ e'.i~7 8'YtiS~ f~'p~'?ro'V zs~4~nrr.~na'k~~~lw,uy [~•R~'iftl. ~,~il~ ~~~~~w~u~~r~ ~a~~° ~~~~~ ~~~~°~ ~~a~ ~RPI~~ a=~r~r~ ~?~pl~ A~I1~~~~i~~r~ L..C~4~~~ I~~~re~~+~c~ ~~r^~+~~k ~"~~t~r~ `~t~~' "~'~'~ C~~t~ ~+~~,uMrr, ~~~~ ;~t~~~ ~"~~~~w~ ~~~~s°~+~~ ~~r ~~w~r~ ~~~p~ ('N ~*` Y~~y~ (~~p~ ~}..Y~~~'-~~ (b.~"n~~~/~, C~.~f~~QQ;~77~ ~»~A~~~tn'N~r~,~7~3 "4~i ~!.~k~~~~~~ ~~ ~~ ~-Qtrl~ar-,V~ t~.~~~4a`"/~ 4~.~~(~~~~i~7~ ~~„~3~3,~~~'~~1 a,~°1 ~.f~C~C~~'4'~~ ~'7' a a ~••N1~r-1'I ~.~~~~°l~ C~.~k~~7QQ~7~'~ ~~2,~~1,~~~w7~d~.&~U "~.~~&".~"1~~'~ °~"I a~~ 4-h~-~ar~1~ (~.~1+~~~/~ (~.~4~(~4~Q~~7~aC~ ~~,~~Q,G~7a1~3~;~;.3' '~.~~~~~~'~' ~~3 ;~'~ ~rv~1~~~~1 (~.~'~C~~~?r"c~ ~J ~U~~~ amCa~a ~~~~i~C~~~)~~'x AB~.t'~;:~ ~' ~4~~4J"~11 ~~ ~'~°~ ~-~~~'_1~ ~~,~~~Ma"/~ ~.~~~!~i~~~"~C '~2,~~,~,+~4~'~~~~~.C~~3' ~ Q~4~a~~~ ~4~ ~7 .J-6'~~rr...~1 C~:~~7a ~~1~ ~.~74~Q~~~~~'~~ ~~,~~°~,~~~„~~~ ~~J 1,~~~1~Df~~S ~;~ ~a{~ ~3-tl~~i~-'"p"9 ~.~4~~~a°'r'~ fJ.~1~~~4~~~~~ 9i~,~a'd~,~~~,i^7t~.~~ ~,~D~C~f~~7 ~~ ~"R ~~I~Nar~m"Y°I ~_~4~;~2~r'~ Q.~~~~~~~C~ ~~„E~~S,~(~a~~~~4~.~A~ ~.4~~~~'k'~7~a ~~ ~~1! iC~µ9~~rµ~~ ~.~~~~~1~ ~'~.U~t~~Q~~~~ ~~a~~(~a~~~~~~7~;~a~ ~,C~(~~,t~'1~ ~a'f ~~ 1'ti-h~1~rw~~~ ~.'1~~7~/c~ (3.~~Q)~~Q~3~'~ ~~e~a~~w~~~,~i;~~,~~ 1.~~C~~~~ ~~ ~7 ~~-~'~r_1'~ ~."I~:~7~I~ ~.C~~7C~~7~~~~77 ~~d~2~~~~€~„~~~.~4 ~ ~~1~~9~4 ~~ ~7 1 ~-N~~~°-'1 ~ 4~. ~ ~;~~"~"~"~ t7.~~7C~~~~a a~77 ~~„E~~°a~~;~~~~a~~.~~& ~ .~~~l~~~ ~~ ~ ~ ~~-I~°!'~~r_~~ ~.~t~'N~"~/~ l~.~C~+~C~~~~~~' ~~,~1C,~~.6~,~~~.~~6 "~.c".~~°.Y~M1~~' ~~ ~'~ 'k ~-d~li~~r-~ `~ ~.~'9 ~~~"r'~ ~.c~t~~Q~~~ 1 ~' ~~,~~~,"~J~, ~ ~~:~a'~ ~ .C~~~~7'~ ~ ~ ~~ fi'G ,1~-~d'I~r~~'~ ~.~17~~Iu ~.C~~~}(~~~~61 ~~,,~a~a„~~~3,2~~r,~4 "R,~1CD(~"~C~~ ~~ ~~ .1' i`~d1~~~_•N 1 ~.~'N ~~"~r"~ ~.~~~C~C~~~~~ ~ ~~,~~ a, "I ~~„47c~.~~ ~ .U~G~~'1 ~ ~;"i ~:~ 1 ~ ~~;~r`-"N 1 ~.~ ~ ~~~~"~ Q~,~t~~~~~a~~~ ~2, a~~,~~~',~~~~~)Q 'I ,~h~D~3~~~ % ~a~ 6~:~ ,6~-~~t°_~~ ~.~1~8%a ~.C1~~t~~~~'~~ ~`~~„~~~,~~~',~~~,~4~ "A.~)~~C~~1' ~5 ~~~ ~C~•~~sr'-1'I ~1,~~~~~1~ ~.~~t~f}~~.~~~~ ~~.~~~„;~~~~'~~~.~~! 1.~.~4~~Q~7 ~~ 4~~ ~'~~h~~r~'1"1 c~.~~~~°~"~ 41.4~4~~~~d~~»~ ~~x~~~1,~~3;a,~~~.~~ 1.(~~~'f~~ ~~ ~a'~ ~~wC~N~r~.1~ ~.~'d~~~"/~ f~.~k~d{~C~C~~~~~ ~i~, aJ~,~~(~,~'11.~1i ~.~C;~~11'1 ~~ ~~ :~~-G~9~r,.11 ~Y.'~~~~4'~I~ ~.t~~J~C~~~~'~~ ~~.C{~C~«~7 ~ ,;~~ ~".~-~ ~ .~~c~"g "17 ~ ~ °~~ 2~a.~~r-N°I Q.~'9~C1~/~.~ ~.ti~C~f~~~~5~~~ ~2„zJ~„Q~~„7"~q~Y.~£3 ~.~C~i~~17' ~~a ~~ ~a~l'~~r-111 ~.~11"~~°~"~ c~.C~~~{~~Qa~4~ ~'~p~a1~~7~"a~~~~.~7 1.~~Y~1t:~~ ~~ ~1 ~'~~N'~~r~.'N~ f~.?~'1'l~/+~ ~.t~~~~G~~~~~ `~~,61~~'7J~„4~~.C7~ ~.~~b~~k~~ ~~ ~1 ~7~V'~~~_"~1 ~.~.'"~17~r'~ G~.~~{~~~~k~~~C~ ~a~?,~i1~„7'9~,~b2.~.(~~ ,R (~f~~7'~d~~ ~~ (~~ ~~-F'~~r_'~"I ~.~'P~7'~:w ~.t~~S~~7~~a~f}~ ~~„~1~~~'~°~',w~~~.~'7 "~.~~~'d1~ a~4 ~~ ~~-C~~re~,•N ~~~~b~"~°I~ ~.~tit7~~~}~~r~~ ~2',~~~,~~'M:~',~~a2'.J~ ~ k~Q~~~1~ °~~ ~a."~ d:~-G ~ ~r- ~ ~ ~ ,~~ ~ ~{ ?~"l~ ~~~:3 ~ .('~~C ~~~ b 2~ ~ ~'~ '.~~~ ,~J1 '~ ,3~~ ~ .k ~,G ~ ~ ~ 1 ~ ~,~ ~ ~ / p ~~ ~ y ~w..A!`MVV9'dAAe` 4~~ ~r+~ q +p '1J..rC. P{ uJ~~{k ~^y y^~ (~ y 9 V.V~4A~M..1..~:.~L~$'~f~ ~w ~ r~ ~y ~ , .p y, W~f'T~s4.N.r~ 1 q~~L~~l~~~.Pxti,/~~ ~ p° p ("} ~ ~ry I'Vk}kY 6~ P~.~'r "p 'wAF (~~ ,Iq ~r.?,.*"P ~aV~l"~C~~ ~,~~~~°r~~ ~1,~~~~~~~~f ~a~ ~~,~i") ~",~~'~,~~~.'~~r .'0~~~ ~~ ~ ~~~ ~~ ~~~~u~~~ ~~~~ ~~~~~ ~r~~~~~~~~ ~~~~~~~~~' ~ ~)c~~a~ ~ ~ "`sa'V1~~("N ~)C~4~ ~r~iNra~ `~~.a~.~d~~° ~ir~~~a.~ "V~a d~~~c.>~4 ~~i"~; °~:::~~.~I 'pua~x~~w~~~r~~~~~b~P 1~~~~~ ~~~a,~n~~;~rA~~~ y~;.W~~ ~~/~r ~.s})1d'I.de~tj "~LIA'M"~8.~"~:~,dd'r~ .~~~_~~...~~ ~~~~~ ~~~~'~ ~~~~~~~ 1~~~~il~i~~~ ~. I~~ab~~r~~r~ ~el~~~u~~~~u t al~ i~"~°~~1 ~.. V~~i'c~r~a~~° t~ity ~~ ~r~~~^~ir~+~ ~' J~~~c~ ~. ~~w~+~~r~~ra l~~wth, T~~~~ G~r~w~l~%~~1 ~P'~t~r~ G~p~tr~~~~ ~~n~da°~ ~M~^~a~~ .,~~u~Mr~~~~ ~~+~ic~r~~l ~8~~er° ~m~t~~~~ ~~ar~r+~ ~'~•~~u~~r~rt ~~a~r~~ "~u~~ ~~°~~i~~~~~~ ~~w~~°~ "~`~°~~s~o~~~~ N NM~~r~~a~n~~~t ~~i~~r ~~~a~'~ ~~~r~~~~ ~"~r ~~d°a~~~ wa~f~r~r~~~i~~t ~~w~~~~t 0..!~~IC ~"~r~~+~i~~c~~ ~~~va~~~ ~ 1~~~~-f~'~~-~~~~ ~ var~r~w.~¢~~p~.+~r~ ~~ ~~ W~~ I~ ~ ~~~ ~ ~ V~~~~~~~~~~~ ~'~ ~ ~u d ~~uR Q m~u~r ~~~~m~~ ~~~....~.... ~~~~~.......:: ~~~~-e~:~~~~~ ~~~~~ue~~~~~..~~G~~~~~~~~~: n ~M ~ ~ ~~w ~ °'~`~ City of Colleyville City Hall 100 M i S ~ ~ ~~~~ ~~ ` a n treet °"mm~^ Colleyville, Texas 76034 ° ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/17/2011 Controlling Body: City Council Requester: Agenda No.: PC-4 Final Action: File Name: Presentation of the Monthly Financial Report - April 2011 Attachments: April 2011 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Presentation of the Monthly Financial Report - April 2011 Explanation General Fund The percentage of current year ad valorem taxes collected is slightly ahead of April 2010. After two consecutive months of decreases, sales tax revenue received in April was up 6.78% or $10,234 over the amount received in April 2010. Thirteen residential building permits were issued this month as compared to nine issued in April 2010. Permit revenues continue to exceed budgeted projections by over $144,278. Ambulance collections remain strong with an increase of 15.66% over last years collections. Colleyville Center's revenues are also ahead of projections by 14.01 %. The average amount expended by the General Fund departments at the end of April is 50.62% of the total appropriation, versus 52.10% which was projected to be spent. Utility Fund Water usage increased significantly as compared to the amount sold through April 2010. The average amount expended by the Utility Fund departments at the end of April 2011 is 45.86% of the total appropriation, versus 46.32% which was projected to be spent. City of Colleyville Page 1 Printed on 5/13/2011 MONTHLY FINANCIAL REPORT - APRIL 2011 GENERALFUND FY 2011 REVENUE SOURCE BUDGET Current Taxes $10,155,472 Delinquent Taxes 63,000 Penalty & Interest 57,000 TOTAL AD VALOREM TAXES $10,275,472 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permit Gas & Oil Well Permit Fee TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $815,000 110, 000 345, 000 118, 000 44, 000 126, 000 265, 000 $1, 823, 000 $2, 356, 976 73, 000 $2, 429, 976 $348, 924 43, 257 28, 868 37, 568 37, 372 59, 753 3, 372 900 5, 463 4, 920 8, 000 10,214 0 $588,611 $825, 000 47, 000 23,124 $895,124 RECEIVED AS OF 4/30/2011 $9, 841, 856 73, 668 40, 645 $9, 956,169 $864,130 120, 249 381,513 51, 552 45, 201 68, 547 176, 241 $1, 707, 433 $959, 250 60, 980 $1, 020, 231 $267, 733 33, 378 17,194 25,171 23, 311 40, 091 2, 585 476 4, 375 1,975 3, 900 7, 445 60, 000 $487, 634 $485, 754 38, 625 12, 676 $537, 054 PROJECTED AS OF 4/30/2011 $9, 871, 26 40, 00 37, 33 $9, 948, 59 $815,000 110, 000 345, 000 59, 000 22, 000 68, 250 132, 500 $1,551,750 $847, 278 36, 500 $883, 778 $203, 539 25, 233 16, 840 21,915 21,800 34, 856 1,967 525 3,187 2, 870 4, 667 5, 958 0 $343, 356 $481, 250 27, 417 13, 489 $522,156 RECEIVED AS OF 4/30/2010 $9,939,838 44,351 36, 023 $10,020,212 $818,484 108, 334 341, 528 60,010 22, 534 75,234 150,811 $1, 576, 935 $920,754 55,705 $976,459 $205, 896 25,263 17,772 21, 328 23, 070 35, 969 2,209 610 3,460 2,850 5,300 6,351 0 $350, 078 $672,654 32, 025 13,908 $718,586 PERCENT CHANGE -0.99% 66.10% 12.83% -0.64% 5.58% 11.00% 11.71% -14.09% 100.60% -8.89% 16.86% 8.28% 4.18% 9.47% 4.48% 30.03% 32.12% -3.25% 18.02% 1.05% 11.46% 17.02% -21.97% 26.45% -30.70% -26.42% 17.22% 100.00% 39.29% -27.79% 20.61 % -8.86% -25.26% MONTHLY FINANCIAL REPORT - APRIL 2011 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2011 AS OF AS OF AS OF PERCENT BUDGET 4/30/2011 4/30/2011 4/30/2010 CHANGE Re-zoning $6,765 $2,534 $3,946 $4,305 -41.15% Plat Fee/Site Plan 4,988 1,758 2,910 2,433 -27.75% Board ofAdjustment 1,250 1,625 729 625 160.00% Sale of Material 400 204 233 382 -46.64% Weed Mowing 14,770 1,675 8,616 7,205 -76.75% Animallmpoundment 2,825 1,462 1,648 2,260 -35.31% Am bul a nce 240, 000 174, 250 140, 000 150, 654 15.66% Recreation Program 157,525 60,374 57,293 67,250 -10.22% Non-Resident Fee Parks 26,000 12,900 13,000 21,440 -39.83% Field Use Charge 20,500 12,395 10,250 21,485 -42.31% Engineering & Inspection 5,000 0 2,917 3,966 -100.00% Colleyville Center Rental 200,000 133,013 116,667 108,095 23.05% Lot Drainage Insp Fee 10,250 7,375 5,979 6,125 20.41% TOTAL CHARGES FOR SERVICE $690,273 $409,564 $364,188 $396,224 3.37% SRO Officer Reimb $89,792 $0 $0 $0 0.00% TOTAL INTERGOVERNMENTAL $89,792 $0 $0 $0 0.00% Sale of Surplus Property $3,000 $7,098 $3,000 $0 100.00% Interest Income 75,000 14,757 13,000 20,470 -27.91% Miscellaneous 55,000 56,560 45,000 76,028 -25.61% Use of Available Cash 0 0 0 0 0.00% Antenna Lease 65,000 45,401 43,400 65,998 -31.21% TOTAL MISCELLANEOUS $198,000 $123,815 $104,400 $162,495 -23.80% Transfer from Utility Fd $816,297 $0 $0 $0 0.00% TOTAL TRANSFERS $816,297 $0 $0 $0 0.00% TOTAL GENERAL FUND REVENUES $17,806,545 $14,241,899 $13,718,221 $14,200,990 0.29% MONTHLY FINANCIAL REPORT - APRIL 2011 TOTAL PERCENT FY 2011 THROUGH THROUGH INCREASE INCREASE BUDGET 4/30/2011 4/30/2010 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 98.0% 96.71 % 96.14% 0.57% 0.59% RESIDENTIAL BLDG PERMITS 73 51 45 6 13.33% COMMERCIAL BLDG PERMITS 10 3 6 (3) -50.00% CITATIONS ISSUED 12,500 6,595 9,090 (2,495) -27.45% CITATIONS APPEALED 3 0 415 (415) -100.00% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2011 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 4/30/2011 EXPENDITURES EXPENDED REMAINING City Council $220,002 $55,161 $55,582 25.07% $164,841 City Manager 614,427 319,017 319,591 51.92% 295,410 City Secretary 312,356 169,102 171,370 54.14% 143,254 Finance 439,646 254,035 254,972 57.78% 185,611 Legal 125,460 48,823 53,928 38.92% 76,637 Engineering 332,845 165,583 169,939 49.75% 167,262 Economic Development 332,551 179,875 180,368 54.09% 152,676 Building Inspection 339,533 161,225 167,779 47.48% 178,308 Community Development 228,845 127,261 128,020 55.61% 101,584 Fire 3,870,839 2,260,478 2,263,015 58.40% 1,610,361 Police 4,369,822 2,408,160 2,439,540 55.11% 1,961,661 Parks 1,467,570 676,357 696,888 46.09% 791,212 Recreation 326,796 141,501 144,040 43.30% 185,295 Street Maintenance 2,022,171 704,715 849,263 34.85% 1,317,456 Library 692,955 365,210 371,827 52.70% 327,745 Communications 152,299 82,142 82,476 53.93% 70,157 Colleyville Center 379,648 180,377 186,424 47.51% 199,271 Human Resources 237,627 122,937 124,825 51.74% 114,690 Municipal Court 261,487 140,185 141,029 53.61% 121,302 Fleet Maintenance 214,586 120,531 120,821 56.17% 94,055 Building Services 216,089 126,162 134,898 58.38% 89,927 Information Services 402,471 196,918 211,424 48.93% 205,553 Capital Equipment Reserve 150,000 0 0 0.00% 150,000 Strategic Initiatives Fund Transfer 80,000 0 0 0.00% 80,000 TOTAL EXPENSES $17,790,023 $9,005,752 $9,268,021 50.62% $8,784,271 MONTHLY FINANCIAL REPORT - APRIL 2011 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2011 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 4/30/2011 4/30/2011 4/30/2010 CHANGE Water Sales $8,552,558 $4,193,807 $2,853,200 $2,667,656 57.21% Sewer Sales 2,718,634 1,474,376 1,585,870 1,634,204 -9.78% Sewer Installation 7,000 5,300 4,083 4,400 20.45% Water Installation 21,000 12,260 12,250 9,340 31.26% Sewer Tie-on Charges 5,000 3,000 2,917 0 100.00% Engineering Charges 5,000 4,739 2,917 5,293 -10.46% Penalties 173,024 116,634 100,931 103,656 12.52% Miscellaneous 13,000 9,783 7,583 24,278 -59.70% TOTAL OPERATING INCOME $11,495,216 $5,819,899 $4,569,751 $4,448,826 30.82% Interest Income $50,000 $32,841 $27,000 $8,367 292.52% TOTAL NON-OPERATING INCOME $50,000 $32,841 $27,000 $8,367 292.52% TOTAL INCOME $11,545,216 $5,852,740 $4,596,751 $4,457,193 31.31% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 4/30/2011 4/30/2010 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,118,469,900 713,340,500 405,129,400 56.79% NUMBER OF WATER CUSTOMERS 9,030 8,970 60 0.67% UTILITY FUND EXPENSES FY 2011 BUDGET Administration $204,092 Billing 372,114 Operations 9,142,149 Debt Service 835,577 Transfer to General Fund 816,297 TOTAL EXPENSES $11,370,229 EXPENDED YEAR-TO-DATE THROUGH PROJECTED % OFBUDGET BUDGET 4/30/2011 EXPENSES EXPENDED REMAINING $103,226 $104,475 50.58% $100,866 188,500 192,274 50.66% 183,614 4,172,071 4,218,993 45.64% 4,970,079 751,062 751,062 89.89% 84,515 0 0 0.00% 816,297 $5,214,857 $5,266,803 45.86% $6,155,372 R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/17/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the May 17, 2011, City Council meeting regular agenda items Attach ments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Discussion of the May 17, 2011, City Council meeting regular agenda items City of Colleyville Page 1 Printed on 5/13/2011 R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Executive Session Version: 1 Agenda Date: 05/03/2011 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session - Legal - May 17, 2011 Attach ments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand City of Colleyville Page 1 Printed on 5/13/2011 RESOLUTION R-11-3359 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 17, 2011 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BYA VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Announcements, Status: Announcements, Proclamations and Proclamations and Presentations Presentations Version: 1 Agenda Date: 05/17/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements, Proclamations and Presentations - May 17, 2011 Attachments: Proclamation in recognition of Colleyville Heritage High School Pep Band.pdf • Proclamation in recognition of National Public Works Week.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of the Colleyville Heritage High School Pep Band for participation in the Slant 45 premier - Mayor David Kelly and Economic Development Director Marty Wieder Presentation of a$500 donation for an anti-bullying program for local schools, in the name of Colleyville Police Corporal Gary Moore - Bobby Lindamood Jr. Presentation of a donation to the Colleyville Public Library for the new teen area, in the amount of $2,400, by the Colleyville Rotary Club - Loren Pelton Presentation of a donation to the Colleyville Public Library for the Library Second Floor Expansion Project, in the amount of $17,200, by the Colleyville Public Library Foundation - Cecilia Monacelli, President Proclamation - In recognition of National Public Works Week - Mayor David Kelly, Interim Public Works Director Ron Ruthven, Assistant Director of Public Works Bill LeGrand, Utility Superintendent Ken Tywater and Public Works Road-e-o Coordinator James Watkins In recognition of Mayor Pro Tem Jon Ayers for service on the Colleyville City Council - Mayor David Kelly City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued In recognition of Mayor Pro Tem Jon Ayers by the Colleyville Fire Department - Fire Chief Russell Shelley and Battalion Chief Kirt Mays In recognition of Mayor Pro Tem Jon Ayers by the Colleyville Police Department - Police Chief Steve Dye City of Colleyville Page 2 Printed on 5/13/2011 ~ Colleyville, - Texas WHEREAS: the City of Colleyville teamed with the Colleyville Cinema + Grille to host a public premiere of the documentary entitled Slant 45: The Movie on Sunday, January 30, 2011, in association with the Super Bowl XLV Host Committee; and WHEREAS, the event served as Colleyville's opportunity to participate in the Super Bowl XLV festivities; and, WHEREAS, the Colleyville Heritage High School (CHHS) Pep Band, led by Director M. David Zarhndt, played an integral role in the premiere, performing a number of NFL-related songs as Slant 45 student volunteers and their families arrived to attend the premiere; and, WHEREAS, Slant 45: The Movie producer Shelly Claunch and her husband, Fort Worth Star-Telegram columnist Bud Kennedy, applauded the aura and energy they felt~as they listened to the CHHS Pep Band performance prior to the movie viewing. NOW, THEREFORE,1, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby express our thanks to the 2010-11 COLLEYVILLE HERITAGE HIGH SCHOOL PEP BAND and recognize their spirit and dedication to providing an excellent, pro football environment and appropriately setting the stage for the showing of Slant 45.• The Movie. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 17th day of May 2011. /---~~-~~~ Mayor C ~:~~>- ~~ ~ e C~ na.,s Colleyville, Texas WHEREAS: The American Public Works Association has announced, "Public Works: Serving You and Your Community" as the theme of the 2011 National Public Works Week recognition campaign; and WHEREAS, Public Works services provided in the City of Colleyville are an integral part of our citizen's everyday lives and the public works infrastructure, facilities, and services are vitai to the health, safety and well being of our citizens; and WHEREAS, the support and understanding of an informed citizenry is vital to the efficient operation of public works systems and programs such as water, wastewater, streets, drainage and fleet maintenance; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction are vitally dependent upon the efforts and skilis of public works empioyees; and ~ WHEREAS, the employees of the City of Colleyville Public Works Department are educated, trained and committed professionals. NOW, THEREFORE, I DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby prociaim the week of May 15 - 21, 2011, as: PUBLIC WORKS WEEK in the City of Coileyville, and call upon all citizens to recognize the contributions our public works employees make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyvilie, affixed this 17th day of May 2011. Mayor C~ty o( ~ ~ 7bzas RESOLUTION R-11-3360 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 17, 2011 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of May 3, 2011 b. Approval of a donation of $2,400 from the Colleyville Rotary Club to the Colleyville Public Library c. Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~ i~ a~: w,,: , , .~ ~u ~ w ~~ ~ ,~~~~~~~xw~~,,, . , . . , ,.4'~ W5';~M4e`I Tuesday, May 3, 2011 City of Colleyville Minutes - Draft CI~/ COUf1Cll City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 3, 2011, at 5:33 p.m. PC-1 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Police Lieutenant Hillary Wreay, Fire Chief Russell Shelley, City Engineer Jeremy Hutt, Library Director Mary Rodne, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Building Official Bill Elliott, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. Presentation of a citizen academy capstone project by the University of Texas at Arlington Master of Public Administration (MPA) students Mayor Kelly welcomed the University of Texas at Arlington Master of Public Administration (MPA) students Sarah Gardner, Michael Bables, Justin White and Gretel Chuquipul, who presented the Capstone Project, in response to the City's request to develop a proposal to promote awareness and participation among citizens by developing a Citizens Academy Program. The students presented an overview of the proposed Citizen Academy including goals and objectives; methodology; best practices analysis; marketing recommendations; session topics and curriculum and answered questions of the City Council. Discussion ensued regarding the name of the alumni group and the benefit of a citizen academy for citizens and volunteer efforts. City of Colleyville Page 1 Printed on 5/12/2011 City Council Minutes - Draft May 3, 2011 PC-2 Presentation and discussion of City of Colleyville branding logo Economic Development Director Marty Wieder presented the updated branding logo. The City Council selected a logo and requested the horse be moved further away from the fence rail. Discussion ensued regarding the use of the logo on street signs and the historic and current symbolism of the logo. PC-3 Discussion of the Colleyville Police Department Bicycle Unit Police Chief Steve Dye announced the promotion of Detective Hillary Wreay to Lieutenant of Operations. Chief Dye announced the formation of a Police Department Bicycle Unit, outlined the advantages of the bicycle unit including police-citizen interaction, promoting community partnerships and protecting areas inaccessible such as trails, parks, alleys, fields and side yards and answered questions of the City Council. Discussion ensued regarding the uniform and safety equipment, the bicycle patrol routes and the physical fitness benefits of the use of the police bicycles. Police Chief Dye recognized Jack and Zelia Olsen; Michael Carr; Clarence Muller, Mad Duck Bicycle Shop; Bicycles, Inc. and Knobbies and Slicks Bike Shop for donations in support of the bicycle unit program. PC-4 Discussion of amendments to Chapter 38 of the Code of Ordinances regarding alarm system permits and fees and the feasibility of an alarm management program Police Chief Dye introduced Mr. Pankaj Kumar, Chairman and James Farmer, Sales Director, of PMAM Corporation. Chief Dye presented information regarding alarm system permits and fees, the benefits of an alarm management program, and the administration and collection services of the PMAM Corporation. Mr. Kumar spoke regarding the process for identifying citizens who are non-compliant with the alarm permitting registration. City of Colleyville Page 2 Printed on 5/12/2011 City Council Minutes - Draft May 3, 2011 Discussion ensued regarding the alarm permitting notification process, the citation process and the efficiency of a public-private partnership. Chief Dye spoke regarding the current and projected revenue related to false alarms, the proposal to reduce the incidents of false alarms, the false alarm reduction program and public relations program. Mr. Kumar spoke regarding the practices of security companies. Discussion ensued regarding the fine rate structure and incentive system for chronic offenders. City Council determined the following false alarm fine structure: 1-3, no fine; 4-5 $50; 6-7 $75; 8-9 $100 and a$500 fee would be assessed after ten false alarm calls. PC-5 Presentation of the Quarterly Capital Project Update There was no discussion of this item. PC-6 Presentation of the mid-year Fiscal Year 2011 budget update The City Council reconvened Pre Council following the regular meeting to discuss this item. PC-7 Discussion of the May 3, 2011, City Council meeting regular agenda items There was no discussion of the regular agenda items. Mayor Kelly recessed the Pre Council meeting at 7:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 3, 2011, at 7:01 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, City Engineer Jeremy Hutt, Economic Development Director Marty Wieder, Finance Manager Karen Hines, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. City of Colleyville Page 3 Printed on 5/12/2011 City Council Minutes - Draft May 3, 2011 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:01 p.m. and reconvened at 7:37 p.m. INVOCATION: Pastor Martin Richardson, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3355 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates City of Colleyville Page 4 Printed on 5/12/2011 City Council Minutes - Draft May 3, 2011 Announcements of awards and recognition Councilmember Carol Wollin expressed appreciation to the citizens for support of the Colleyville Garden Club Promenade and stated the event provided an opportunity for citizens to tour the Webb House and caboose. Mayor Kelly expressed appreciation to citizens for attending the 10th annual Old Tyme Colleyville BBQ event, which supports the Special Olympics, and invited everyone to attend the event held on the last Friday and Saturday of April each year. Councilmember Taylor reminded citizens that information regarding City events, GIS mapping, ordinances, resolutions, City Council agenda packets, and other information is included on the City's web site and provides for an open and transparent government in Colleyville. Mayor Kelly and Economic Development Director Marty Wieder presented a Proclamation to Tom Smith, Service Corps of Retired Executives (SCORE) counselor, in recognition of National Small Business Week. Mr. Smith spoke regarding the history and services of SCORE and the expansion of the SCORE counseling in Colleyville. Economic Development Director Marty Wieder expressed appreciation to SCORE for the service provided to City businesses and invited Colleyville business owners to the Business Appreciation Reception, May 16, 2011, 7:00 p.m. to 8:30 p.m. Mayor Kelly and City Manager Jennifer Fadden presented a Proclamation, in recognition of Public Service Week, honoring the contributions and accomplishments of City employees and introduced the following employees with 20 or more years of service in the City: Rodney Cunningham, Police Lieutenant, 36 years; Theresa Fox, Utility Billing Supervisor, 24 years; Kenny Phillips, firefighter, 20 years; Rick Mosholder, Mechanic, 20 years; Tim Mathis, Senior Mechanic, 22 years; Kelly Howell, Building Services Superintendent, 33 years; David Martz, Police Investigator, 23 years; Terry Leake, Assistant City Manager and Chief Financial Officer, 20 years; John Fossett, Warrant Officer, 26 years, and Bob Etheridge, Police Sergeant, 21 years. Mayor Kelly and City Manager Fadden expressed appreciation to the employees for dedicated service to the community. City of Colleyville Page 5 Printed on 5/12/2011 City Council Minutes - Draft May 3, 2011 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3356 4a Approval of the minutes of the regular City Council meeting of April 19, 2011 4b Approval of the minutes of the joint City Council, Planning and Zoning Commission and Architectural Review Commission worksession of April 6, 2011 4c Approval of a Memorandum of Understanding between the Texas Department of Transportation and the City of Colleyville regarding the adoption of the Texas Department of Transportation's federally-approved Disadvantaged Business Enterprise Program Mayor Kelly read Resolution R-11-3356 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-11-3356. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a R-11-3357 Authorization to expend $290,000 plus associated closing costs for the acquisition of the property located at 1416 Glade Road from the Colleyville Tomorrow Fund Mayor Kelly read Resolution R-11-3357 in its entirety. City Manager Jennifer Fadden stated, following a recommendation by the Historical Preservation Committee, the City Council considered the acquisition of a historically designated structure in Colleyville. This resolution is placed on the agenda for City Council to consider expending funds from the Colleyville Tomorrow Fund in order to acquire the property. City of Colleyville Page 6 Printed on 5/12/2011 City Council Minutes - Draft Mayor Kelly opened the public hearing. May 3, 2011 Ms. Susan Taylor, 5209 Coventry Court, stated for disclosure purposes, Councilmember Mike Taylor is her husband. Mrs. Taylor spoke in favor of the proposed resolution and regarding the historical and architectural significance of the Bidault House and honoring Councilmember Jim Moore and Mrs. Dulce Moore for service to the City and their ancestors who built the home. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-11-3357. Councilmember Taylor seconded the motion. City Manager Jennifer Fadden stated the balance of the Colleyville Tomorrow Fund is $1,507,190.31 and the balance of the Colleyville Parks Tomorrow Fund is approximately $1.4 million. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 - Michael Muhm 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mrs. Susan Taylor, 5209 Coventry Court, President, Colleyville Garden Club, expressed appreciation to Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Parks staff and Communications and Marketing Director Mona Gandy for support of the Colleyville Garden Club Promenade event. 7. REPORTS: Sign Board of Appeals Minutes - February 8, 2011 Planning and Zoning Commission Minutes - March 28, 2011 There was no discussion of this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 3, 2011 - Reading and Public Hearing - Resolution R-11-3358 City of Colleyville Page 7 Printed on 5/12/2011 City Council Minutes - Draft May 3, 2011 This resolution was not needed. 9. ADJOURNMENT: There being no further business before the City Council, Councilmember Hart moved to adjourn and Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the regular meeting at 8:00 p.m. Mayor Kelly reconvened the Pre Council meeting at 8:04 p.m. Finance Manager Karen Hines presented the mid-year Fiscal Year 2011 budget update and answered questions of the City Council Mayor Kelly adjourned the meeting at 8:08 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 8 Printed on 5/12/2011 n ~M ~ ~ ~~w ~ °'~`~ City of Colleyville City Hall 100 M i S ~ ~ ~~~~ ~~ ` a n treet °"mm~^ Colleyville, Texas 76034 ° ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/17/2011 Controlling Body: City Council Requester: Library Agenda No.: 5b Final Action: File Name: Approval of a donation of $2,400 from the Colleyville Rotary Club to the Colleyville Public Library Attachments: City of Colleyville Donation and Transfer of Title • City of Colleyville Donation Policy.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Approval of a donation of $2,400 from the Colleyville Rotary Club to the Colleyville Public Library Explanation Reading and Public Hearing The Colleyville Rotary Club proposes to donate $2,400 to the Colleyville Public Library to expend on the new teen area. Staff recommends that the donation be used for furniture purchases in the new teen area, which is a part of the Library's Second Floor Expansion Project. Financial Impact This donation will provide additional available funding for furniture acquisition in the Library's Second Floor Expansion Project budget. Recommendation Approval City of Colleyville Page 1 Printed on 5/13/2011 CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE I/We 1 ~ hereby give, assign, transfer, and set over to the City of olleyville all of my right title, and interest in the materials described below: ~ ~l ~ .~..„ ~= Funds Stipulations (if any) Specifications/Plans/Photos/Annual cost to City: Attached None ~ I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor( d ' Date o - ~1 l Address of Donor Date + - t City State ZIP ~o Phone Numbers: Home ~'~ 7--~~7 ~~~~~~ Offic~~ ~ 1~CQ~ ~o ~~~7~7 ~~~ RECEIVED by Department By Council Approval Date Date Resolution/Ordinance Number ACCEPTED for and in behalf of the City of Colleyville By Mayor, City of Colleyville or Board Date Accession Number CITY OF COLLEYVILLE DONATION POLICY The City of Colleyville encourages donations to the City in support of its programs, services, collections and facilities, for the enhancement of Colleyville. The purpose of this donation policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to provide the donor knowledge of the policies under which the donation is given and accepted. All boards, commissions, committees, and City Council shall comply with this policy. All departments and employees of the City of Colleyville remain subject to the City of Colleyville Personne/ Policy and Procedures Manual, however employees and departments shall comply with these policies. In the event additional policies of the Colleyville Center, the Library, the Parks Department, or any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this policy shall take precedent and supersede the policies of those entities. Donations from the Friends of the Library and the Library Foundation are exempt from this policy. The Librarian will report donations to the City Council. All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or details pertinent to the donated item, including anticipated annual operating cost, shall be attached as a p art of the form. All spaces on t he form shall be completed or noted if not applicable. Any special stipulations, including location and use of a donation, shall be established in the Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form or the addendum as a part of that section, the City shall have the right to use the donation as determined by the City, free of encumbrances. The City reserves the right to refuse a donation. The donor reserves the right to withdraw the donation before formal acceptance by City Council. In a multi-item donation, items may be accepted on an item-by-item basis. Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety of exhibits, and to protect items adversely affected by exhibition. The City shall have the right to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined under Stipulations if necessary. The City of Colleyville shall not place a monetary value on a donated item; nor shall the City issue a r eceipt or record a monetary value that has been determined by the donor. Subsequent City insurance/accounting valuations necessary to meet standard city procedures are separate and apart from the donation process. When both the signature of the Donor and of the Mayor, representing the City Council's approval, complete the Donation and Transfer of Title document, the donation becomes the property of the City of Colleyville. A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the donor's record of donation. Donations of funds are welcome. The City shall expend those funds on materials, equipment or projects acceptable to the donor if requested. Donated funds shall be deposited in donation fund accounts when defined, and shall not be intermingled with the General Fund or donation fund accounts of other departments, boards or committees. Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final report. Funds below $1,000 will be excluded from these policies. Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or events shall be evaluated by the City Council, and require approval by the City Council. R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 05/17/2011 Agenda No.: 5c Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System Attachments: Central Regional Wastewater System Amended Advisory System Bylaws History of Legislative File Version: Date: Acting Body: Action Text: 05/17/2011 City Council Title Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System Explanation Reading and Public Hearing The City of Colleyville is a member of the Trinity River Authority's (TRA) Central Regional Wastewater System, which treats all of the City's wastewater. Each city that contracts with the Central Regional Wastewater System is a member of the Advisory Committee, which reviews the annual budget, reviews bond refunding opportunities and capital improvement projects. Attached are the recently revised TRA's Central Regional Wastewater System Advisory Committee Bylaws, which require that the member "City's governing body shall annually appoint one of the members of its governing body or one of it officers as a voting member of the Advisory Committee for the Authority's Central Regional Wastewater System" and that representative may serve until further notice by the Contracting Party. Additionally, it is stated that "the term of inembership on the Advisory Committee shall be for twelve (12) months". There is also a provision in the bylaws specifying that an Alternate Representative be appointed to serve as the voting member of the contracting party, in the event its appointed representative is unable to attend an Advisory Committee meeting. If neither appointed representative is present at the Advisory Committee meeting, the City will not be able to vote on any of the meeting's business matters. It is recommended that Terry Leake, Assistant City Manager / Chief Financial Officer be appointed as the City of Colleyville's Contracting Party Representative and Voting Member and that Ken Tywater, Utility Superintendent, be appointed as the Alternate Contracting City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued Party Representative and shall serve until a further appointment is made. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 5/13/2011 CENTRAL REGIONAL WASTEWATER SYSTEM AMENDED ADVISORY COMMITTEE BYLAWS (Adopted May 3, 2011) Under the terms of the Contract, each Contracting Party must annually designate an authorized voting member to represent the Contracting Party on the Advisory Committee. At its election, a Contracting Party may designate a representative to serve until further notice by the Contracting Party. Each Contracting Party may similarly appoint an alternate representative to serve as the voting member of that Contracting Party in the event its appointed representative is unable to attend an Advisory Committee meeting. 2. From the designated representatives of the Contracting Parties, the Committee shall elect a Chairman, a Vice Chairman, and a Secretary. The Chairman shall preside at all meetings; in the Chairman's absence, the Vice Chairman shall preside; in the absence of both the Chairman and Vice Chairman, the Secretary shall preside. 3. The terms of office of the Chairman, Vice Chairman and Secretary shall be: (a) Two years from the date of the officer's election, or (b) Upon the designation of a new representative by the Contracting Party that replaces a Committee officer. 4. In the event of a vacancy in any of the Committee officer positions, the Committee shall appoint a replacement member to that position at its next meeting to serve the remainder of the departing officer's term. 5. Meetings may be convened by action of the Authority or upon a call for a meeting by the Committee Chairman or Vice Chairman. 6. The presence of an authorized representative or alternate of a majority of the Contracting Parties shall constitute a quorum. 7. The Authority shall serve as administrative support and coordinator for the Committee and as otherwise required by the Contracting Parties' contracts. R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1794 File Number: 0-11-1794 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/17/2011 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 Attachments: Location and Zoning Map • Notification List • Letters of Opposition • Company Overview • Development Review Committee Memo • Applicant's Response to the Development Review Committee Memo • Photos Provided by Applicant • Site Plan • Floor Plan • Elevations for Proposed Future Building at Rear of Subject Property • Sign Exhibits • Ordinance 0-11-1794 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/28/2011 Planning and Zoning Commission 1 05/17/2011 City Council Title Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 Explanation First Reading and Public Hearing Lanny Wilkinson has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "5 O'Clock Somewhere Beer, Wine and Spirits" at 4205 Colleyville Boulevard. The proposed package store will encompass 4,406 square feet. Existing Zoning and Development Conditions. The property is zoned CC3-Highway Commercial zoning district and is platted. The subject property is currently developed as an automotive lube shop. Package stores are allowed in the CC3-Highway Commercial zoning district with the approval of an SUP. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan, Landscapinq, Buildinq Desiqn and Siqnaqe City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17941 Site Plan. The site plan submitted by the applicant shows the proposed package store to be a 4,406 square foot remodel of the current building. Landscaping. The subject property does not currently meet the landscaping requirements of Chapter 4-Landscaping and Buffering in the Land Development Code and there was no landscape plan submitted by the applicant. However, staff did verify that the site contains approximately 15 shrubs around the existing sign as well as 12 shrubs around the existing building. No trees are located on the subject property and none along SH26. Therefore, two (2) trees are required to be planted along SH26. Additionally, a minimum of one (1) five gallon shrub is required to be planted for every five (5) feet of frontage along any roadway frontage. Therefore, twenty (20) shrubs are required to be planted along SH26. Staff recommends that the subject property meet the minimum requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Dumpster Locations. The site plan does indicate an enclosed dumpster location. Staff recommends that all dumpsters be screened per the requirements of the Land Development Code. This provision has been added to the proposed ordinance. Future Building. The applicant submitted elevations for a 2,786 square foot building to be constructed at the rear of the subject property when the demand for storage and/or office space is needed. If this package store request is approved, staff recommends that the applicant amend the original SUP request to incorporate this proposed future building . Therefore, this proposed future building has not been incorporated in the ordinance nor has the building design been scored with this request. Hours of Operation. The Texas Alcoholic Beverage Code (TABC) mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC3-Highway Commercial zoning district require a minimum design score of 20. The applicant has provided building elevations showing improvements to the building fa~ade. The building, as it is proposed, contains a design score of 35. Staff recommends that the entire building meet a minimum design score of 35 per the elevations provided by the applicant. This provision has been added to the proposed ordinance. Basement. The proposed remodeled building will include a 1,861 square foot basement area to be used as storage for the proposed package store. The 1,861 square feet is included in the overall square footage for the proposed package store. The applicant states the basement area may be used for display space in the future. However, the applicant will be required to install an elevator for access to the basement area at that time. The elevator City of Colleyville Page 2 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17941 and basement area will be required to comply with all building code regulations. This information has been added to the proposed ordinance. Signage. The applicant has submitted sign exhibits for a proposed monument and wall sign which meet the requirements of Chapter 7-Sign Regulations of the Land Development Code. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. Staff also recommends that upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. The sign provisions noted above have been added to the proposed ordinance. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. In terms of crime prevention, staff recommends that all package stores be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package Stores. This document has been added to the proposed ordinance as an exhibit. Access, Parkinq and Traffic Generation Access. The site contains two driveway approaches; one for ingress and one for egress on SH26. There is a continuous unprotected left turn lane off SH26 for north bound traffic turning into the property. No mutual access exists between the subject property and the adjacent properties. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. For previous package store cases, staff has estimated traffic generation based on convenience stores with gasoline sales. Based on the calculation of a convenience store with gasoline sales, 4,406 square feet of gross floor area is expected to generate 630 trips per day, on average. Parking. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores . Based on this requirement, the applicant is required to provide a minimum of 22 parking spaces. The site plan for the proposed package store shows 27 parking spaces located on City of Colleyville Page 3 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17941 the subject property. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other All measurements are calculated based on a straight line subject property line to the closest point of the property store application in Colleyville only: Distance to closest residence: 179 feet Distance to closest school: 650 feet Distance to closest church: 650 feet Distance to closest day care: 650 feet package store applications on file . drawn from the closest point of the line of the closest use or package Distance from other active package store locations approved and pending: Hall's Wine and Spirits - Approved 3.9 miles Tivoli Wines - Approved 1.2 miles Goody Goody - Approved ~ ir~~lillu~; Bear Creek Spirits and Wine - Approved 3.3 miles Tri-City Spirits - Approved 1.7 miles Mirage Fine Spirits - Pending 0.4 miles Fossil Creek Liquor - Pending 2.1 miles Public Safety Assessment. The police departn following is a summary of their assessment: tr Boulevard is an oil change business that is locatec faces west. There is one entrance on the south s north side of the property. A middle, designatE Boulevard to facilitate southbound left turns into 1 parking spaces in the front of the business and s location. The existing structure consists of a srr overhead doors. There are no residences in close situated near a major, signalized intersection. The south of the approved Goody Goody package store appears that substantial modifications would be structure into a package store that would c environmental design best practices and comply recommendations for package/convenience stores. ent has reviewed this item and the e current structure at 4205 Colleyville on the east side of the roadway and de of the property and one exit on the d turn lane does exist on Colleyville ie property. There are currently four ~ven parking spaces at the rear of the ~II office and three covered bays with proximity to the business and it is not proposed site is approximately 0.7 miles located at 4701 Colleyville Boulevard. It necessary to transform the existing onform to crime prevention through with the approved crime prevention Surrounding Properties. The adjacent property to the north is zoned CC3-Highway Commercial and is developed as a car wash. The adjacent property to the south is zoned CC3-Highway Commercial and is undeveloped commercial property. The adjacent property on the east is zoned PUDC-Planned Unit Development Commercial and is currently developed as an office. Properties to the west are in the City of Hurst and are developed as retail and office properties. Master Plan. The Colleyville Master P/an designates this property for future retail uses. City of Colleyville Page 4 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17941 The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified 33 property owners within 500 feet of the subject property regarding this request Notice was published in the Fort Worth Star-Te/egram as required by state law and the Land Development Code. Staff has received two letters of opposition, within the notification area, regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request by a vote of 5-2 with the following conditions: (1) there shall be signage on the building noting that "pick-up" sales are allowed through pre-payment only and that "pick-up" sales cannot be paid for on site in order to ensure no drive-through sales are allowed; (2) a mutual access easement shall be required linking the subject property to the adjacent properties. Staff Analysis and Summary of Recommendations. Staff has written the proposed ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: - All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code - The building shall meet a minimum design score of 35 per the elevations submitted by the applicant - All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance ; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. - All dumpsters shall be screened per the requirements of the Land Development Code. - All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the proposed ordinance as an exhibit. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? No Complies with sign regulations? Yes City of Colleyville Page 5 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17941 Complies with minimum building design score? Yes Complies with outdoor storage restrictions? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommended Actions The City Council has the following options regarding action on this item: 1. Approve the request as submitted (with listed conditions in the proposed ordinance); 2. Approve the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. City of Colleyville Page 6 Printed on 5/13/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 000107 Acuff Ln Barrett, Raymond S 120 Acuff Ln Colleyville TX 76034 000120 Acuff Ln Bigio, Earleen Etal 132 Acuff Ln Colleyville TX 76034 000121 Acuff Ln Byerly, Mimi & Jeffrey S 7109 Pebble Hill Dr Colleyville TX 76034 000125 Acuff Ln Crombie, Phillip Etux I<ymberle 128 Acuff Ln Colleyville TX 76034 000128 Acuff Ln Lindsey, Vicl<i 129 Acuff Ln Colleyville TX 76034 000129 Acuff Ln Will<s, Earleen Fay 132 Acuff Ln Colleyville TX 76034 000132 Acuff Ln Moore, Joe Etux Peggy 133 Acuff Ln Colleyville TX 76034 000133 Acuff Ln Greer, Joel 4005 Felps Dr Colleyville TX 76034 004005 Felps Dr Gomez, Josetto S 4008 Felps Dr Colleyville TX 76034 004008 Felps Dr Bratton, Billy W 4009 Felps Dr Colleyville TX 76034 004009 Felps Dr Morrison, Sandy Etvir Michael 4012 Felps Dr Colleyville TX 76034 004012 Felps Dr Caunitz-Lucas Llc 4008 Steeplechase Dr Colleyville TX 76034 004013 Felps Dr French, James E PO Box 550 Tioga TX 76271 004100 Felps Dr Budri, Aziz 4101 Felps Dr Colleyville TX 76034 004101 Felps Dr French, James E PO Box 550 Tioga TX 76271 004104 Felps Dr Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 004105 Colleyville Blvd Mcl<eown, William C Etux Sylvia 4105 Felps Dr Colleyville TX 76034 004105 Felps Dr Mahdato, David A 4109 Felps Dr Colleyville TX 76034 004109 Felps Dr Romine, Laquita Joy PO Box 97 Colleyville TX 76034 004113 Felps Dr Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 004117 Colleyville Blvd T Marie Mauldin Llc PO Box 584 Colleyville TX 76034 004121 Colleyville Blvd Lal<e, I<athy L 4125 Collyville Blvd Colleyville TX 76034 004125 Colleyville Blvd Callahan, Jimmy 5019 Bluebonnet Rd Colleyville TX 76034 004201 Colleyville Blvd Ruthart, lona PO Box 222 Colleyville TX 76034 004201 Felps Dr Grapevine Express Wash Lp 312 W Northwest Hwy Grapevine TX 76051 004205 Colleyville Blvd I<night, Earnest G 21619 Old Highway 105 Cleveland TX 77327 004205 Felps Dr Auto Wash Depot Centers 14 Summer St Ste 302 Malden MA 02148 004207 Colleyville Blvd Shamrocl<-Rental Properties Lp PO Box 92879 Southlal<e TX 76092 004209 Colleyville Blvd Midbelt Properties Lp 2718 Fairmount St Dallas TX 75201 004211 Colleyville Blvd Westlal<e Jv Inc PO Box 92519 Southlal<e TX 76092 004213 Colleyville Blvd City of Hurst, Planning and Zoning 1505 Precinct Line Rd. Hurst TX 76054 courtesy notice Lanny Will<inson, applicant 214 W. Northwest Hwy. Grapevine TX 76051 applicant Public hearing notices were mailed on Friday, March 11, 2011 by Amy Shelley. Letters of Opposition March 2Q, ZC}11 Community C~evelopmer~t Department City of Coileytril~e 1Qa Main street Cofleyv~lle, Texas 76034 RE: ~on~r~g Case # ZC11-Q04 ~~a5 Colleyuille Blvd To wham it may concern: I~m unable to attend the Planning and Z~ning Nleeting March 28, 2011. I would like it knc~wn that I d~ not belieue that this is in the best use ~f ~he said property. There are muitiple business in this southern secti4n o~' fiown that are able to sell alcoh~l. I do not believe that ano~her is needed. Thank you for li~tening to my opinian. ~ c.,~. ~~L4r~, ~~ 1 c~~.,~ Earleen Bigio i32 Acuff L~ne Residence 121 Acuff Lane Pro~erty ~wner i07 Acuff Lane Property t~wn~r 4117 Co~leyvilie Blvd Property owner Cc~lieyville, Texas 76Q~4 8I7 53$ 4A~31 cell REG~~ ~' _,~ MAR2~~Q~t Per .,......~.. . ErRRNEST G. KNIGHT 21 ~i 19 C?LD HIGHWAY 105 CLEVELAND, TX 71~2$ RE: ZOt'~ING CASE NUMBER ZC 11-004 T~ THE CITY O~ C(JLLEYVILLE. U~E Dt} NOT WISH T{? HAVE A LIQUt~R ST~RE THIS CLOSE TO ~UR PR{~PERTY. THIS IS A COI1+iMUNITY R~ITH FAMi.LY RESIDEIwtCES IN CLflSE PROXIlViITY Tfl TElE PROPQSED LIQUOR ST4RE. WE FEEL IT C{7tlLD IMPACT T'HE'WELFARE OF t7UR C014~N~ITY ANI) TAE VALUE OF t}UR PRQPERTY. Et~RNEST G. AND WA A L. IGHT ~~~.~c,~~ ` ~ ~ ~ ~ ~~~"~~~~~~Ll~ t C}WNERS C?F P1tiJPERTY T 42(l FELPS DR. CflLLEYVILLE, TX 76034 MARCH 23, 2011 REGEIVED MAR ~ ~ 2 011 Per ............. Company Overview 5 CI' CItJCk s~,~~ Beer, Wir~e and Spirits Company averview S 4' Clock Beer, UVine and 5pirits +s a retail Store that pravides wine, spirit~, beer and ancillary items for sale to its customers. The retail store will be vpen from 10am ta 9pm Monday through Saturday. We plan to ~mployee 5 peaple outside of management. Furthermore, we plan to utilize technology to bc~th enhance the customer experience and provide value added service ta eaur cu~tomers. The expected economic impact of the facility is as follaws: Current Propc~sed Future Building square footage 3722 4406 7186 Property Taxes $10,377 $30,156 EST. $5{},U00 EST. Sales Tax $9,019 $123,750 $123,75D oth~r econc~mic issues related ta the praperty are as follows: 1. The property is ~urrently zoned automotive and surrounded by industrial type uses. This project wauld eliminate an automative center. Furthermore, the praperty wauld remain retail and or office even if it the liquar law was repealed, 2. The current use of the property is not the highest and best us~ c~f the prt~perty. ~Chis propvsal wauld maximi~e the property and improve the site, and improve the south entrance to our city, 3. Most of the traffic will come from outside of Colleyville, thus bringing new sales tax dollars into the city that are currently going tc~ Ft. Worth. The autflmotive use currently on the site is nat an ecanomically viable business and thus the facility has become an eye sore. This project will drarnatically change bath the outside and inside of the facility. 5 O' Clock Beer, Wine and Spirits recognizes the need for a high level of security in packag~ stc~res. We will be adapting all of the Crime Prevention Recommendations for Convenience Stores and Package Stc~res as recommended by the City of Colleyville {see attached}. As well as the fallowing: + Monitored security alarm with contact alarms on opening. • Visual line of site to all entrances and exits from the pos. • Visual line of site to all vehicles entering and exiting the facility • Carneras rnonitoring all vehicles entering and exiting the property. • ~ameras rnonitoring all retail space and st~rage areas. * Cameras rnonitoring all parking and c~vered loading areas. • Cameras rnonitoring the front and sides of facilities + AI1 carneras will have rernote viewing. 5 fl' Clock Beer, Wine and Spirits estimates its annual sales to be approximately $1,500,000. ~"he estimated auerage ticket is ~3{~. With the traffic being ~pproximately 120 people per day Manday- Thursday and 24t~ peaple per day Friday and Saturday. 5 C7' Clock Beer, Wine and Spirits is loeated in the rnc~st southern part of the city, has no residentiaE neighbors and has the greatest distance of any existing package stares to schc~ols, parks and municipai buildings rnaking it an ideal Ic~cation fc~r a package store ~see attached rnap~. We have extensively tried tca carne up with a name that is bath rnarketable and representative of the business and market we serve. Several peaple wit}~ extensiue marketing background have been cor~sulted and the following is a list of names that have been praposed and are listed in order by ones ratir~g better. 5 C~' C~OC~4 S~ Beer, Wine and Spirits It1FUS~ Beer, Wine and Spirits FUSi011'S Beer, Wine and S~pirits C~1111-N Beer, Wine and Spirits L&L Beer, wine and Spirits The building on the back of the property will be built when tMe demand for storage and/or caffice space is needed. While it uvill have no direct irnpact on sales tax it will directly impact the property t~x value. The prc~posed future building will only be built if needed to ensure future growth. This building could be used should we decide to open a elass b distributorship. While the likely hocad af this is very low due to the overall economics of class b distributorships we are considering it as a potential future expansion, Therefc~re one could say, if it is needed tv cc~ntinue to grow sales and then sales taxes will increase. The covered loading area is not a drrve #hrough~ There will be no drive through w~ndaw and nane is planned c~r wanted in the future. The purpose of the covered loading area is to have a cavered area to rapidly load and senre customers that have preordered their purchases. Also, we will use this area to load and unlaad presorted c~rders for aur delivery customers. Dur intention is ta provide a level of service and cor~venience ta our customers rarely affered in this industry. The screened area adjacent to the sign has been removed. Its purpc~se was purely cc~smetic. It is, hawever, impc~rtant tc~ note that landscape is being added ta the front of the building and four parlcing spots are being removed tca facilitate this. ~he basement area will initially be used as storage. Should the business grow and we require additional display space, we could expand the basement into a fuli wine cel{ar with large tasting tables or close it aff campletely from the upstairs and have a whole different use. We redesig,ned this building and ~roperty with the follawing goals in tnind: • Eliminate the current automative use for both nout and in the future. + Provide a high level of service and convenience to aur package customers. • Allow for flexible use/grc~wth, in th~ future, as a package store ar retail/ofiF~ce. • Pravide the highest and best use of the praperty. • Start redevelopment in an older industrial section of highway 26. It is important to nate that the new building woulc! not only meet the needs of a package store, but could easily be converted to same other forrr- of retaii or office should that be d~emed the highest and best use in the future. We wauld install the elevator when either the downstairs beeame a wine cellar c~r the building was converted to officef retail. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 28, 2011 TO LANNY WILKINSON FAX 817.416.3799 FROM Amy Shelley, Community Development Coordinator SUB.IECT ZCl 1-004 SUP for paclcage store located at 4205 Colleyville Blvd. The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit rec~uest submitted to this office. The following comments are for your consideration. The following comments require a response from the applicant: l. Provide information regarding the opening schedule for the proposed business if this Special Use Permit (SUP) is approved? 2. Are there any alternative business names for the proposed paclcage store? If so, provide those details. 3. Provide a crime prevention plan. At a minimum, staff will recommend that the attached Safety Recommendations for Convenience Stores and Paclcage Stores be adopted as part of any approving ordinance for this rec~uest. 4. Provide signage details that include a detailed, color drawing of all proposed signs, drawn to scale, relating to the business including location of all proposed signs. 5. What is the purpose of the proposed "future" building? 6. Provide details for the proposed "future" building that includes a color drawing of all elevations, drawn to scale, as well as materials to be used for the construction of said building. 7. What is the time line for construction of the proposed "future" building? 8. Provide construction material details regarding the renovation of the existing building, i.e. wood, masonry, concrete, metal etc. 9. Provide details regarding the covered loading area. What is the purpose of the covered loading area? Will there be a drive-thru window in this covered loading area? 100 Main Street - Colleyville, Texas 76034 - 8 1 7.503.1050 DEVELOPMENT REVIEW COMMITTEE ZC11-004 SUP FOR PACKAGE STORE 10. What will be located in the screened area adjacent to the proposed sign? The drawings indicate some type of fixtures in this area. 11. Provide details of the basement area such as the use of this area and a proposed floor plan. 12. The floor plan for the existing building indicates a future elevator. What is the time line for said "future" elevator with regards to construction? 13. Clearly marlc all areas on the exhibit. Are the grayed areas windows? This will ensure the correct calculation for building score evaluations. 14. Correct details in the Company overview such as "fishable" in the first paragraph. 15. Will the sales tax for the proposed and future remain the same as indicated in the Company overview? 16. Explain the details regarding opening as a class b distributorship in 2013 as indicated in the Company overview. 17. Clarify the number of patrons per day (the Company overview lists Friday twice). 18. The change in use for the subject property will rec~uire the building to be compliant with current building codes with regards to handicap accessibility, electrical, plumbing, mechanical, energy code, etc. Please contact Bill Elliott, Building Official at 817.503.1054 regarding these rec~uirements. 19. Any new construction to the existing building would have to comply with all building setbaclcs. It appears that the new screening addition, attached to the existing building, extends over the front building line. 20. The 24 foot wide, with a vertical clearance of 14 feet, rec~uired for the subject property, may not be bloclced during the construction and must be clearly marlced on the covered loading side of the subject property. Currently, the 24 foot driveway is not marlced clearly on the covered loading side to indicate that it is truly 24 feet. Please contact Rob McKeown, Fire Marshal, at 817.581.4591 regarding this rec~uirement. 21. A traffic impact analysis may be rec~uired as a condition of approval of this SUP. 22. Staff will rec~uire all development conditions to meet current Land Development Code rec~uirements with regards to the CC3-Highway Commercial zoning district. 23. A third party report must be submitted, prior to the issuance of a building permit, regarding environmental issues, i.e. petroleum spills, etc. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE ZC11-004 SUP FOR PACKAGE STORE TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, March 28th, 2011 at 7:00 p.m. City CounciL• Tuesday, April 19rh and May 3'~`~, 2011 at 7:30 p.m. Please sihn the RecoNd of Acknowledhe~nent provided below and submit it with the following to our office: ^ A written letter stating that each comment has been addressed or stating reasons why the rec~uirement should be modified or waived; ^ 10 full size copies of the any exhibits; ^ 1 reduced copy (8.5x11) of the exhibit. ^ The above rec~uested items must be submitted in order for any public hearings to be scheduled no later than noon on Monday, March 14r", 2011. This item will not be scheduled for the Pianning & Zoning Commission meeting until all items are submitted and/or addressed. Please eontaet me at ashelley~uicc~lleyville.cc~in or 817.503.1051 if you have any c~uestions. l~~c~~•~rU ~rf`.~~1~~aa~~~-~~~rU~~~~~~~u:~ I ~~rr,~~ ~°~~~~r~ ~`~~a~ ~~?~~~~`c~,~raa~aar`.~~~~~~:^~~, ~'~aaar~~rtt~?~? raa~;raa~ xna^ ~tx ~~aat~a~~~ro` ~~r:~arT ~ar~~~^ ~r~-~a~s~~l~~'~~; ~a,~~ ~~a.~a~~~~a~aa~`s ,~~d~aa~~~` ~a~aa,~~ ~~~~a ,~.~°~e~~~~~a~a~~~e~J ~a~a ~?~r~~,~ ~'` r~~'s~c~ ae;a°a~~~°~~~~`~.~~~ ~1~r~Y r,~" ~a~~~e~~c aa~~,a`~~°.~Aa~~~~~s~a~°~ ~,~~xrc~~r~~,~ r~~^~r~r~~a~a~~ ~?a~ tJa~~ ~°~~~r~~,~l T~s cxt't~~°~e~c~1 ,a~~°~araa ~~°~a~a;~ ~u~~~r;.~ ~ar~,~T~~~ar~~,~r ~r~~ raa~~`l~~ ~`~ ~Ja~, ~:~raa~r~rdraT~l; .~'~~a~~e?~~a,~s~a~€?a~d .~'~~~:a,r~~~ra~~?~~d,, d~~a~ ~•~r;~°~ ~a~eAr,1' ~~ ~saa~+~~xrcl lc~ w~*~°~Ja~a~ r•~?~^a~e?~~• ~a~~~ ~~~~'~~~'~~ta~a~~c~d ~•~e:e~rr~~~°~~r~~rr~~~ a~~e~a' a~~a~~dr.~a~a~~~a~ ~~~~r~a~~ ~~"~ar.~ ~r°a~~~~rr~~a~, F"'rir~k~~l ]h~?:~:rcxu~ 5G ~mx:~ ~~w~ ~ L'~:~ ~~ PAGE30F3 Applicant's Response to the Development Review Committee Memo Resporese to Development Re~iew Committee The following is the list of responses ta the DRC dated February 28, 20~1_ 1. We anticipat~ opening late Falf 2~11. 2. See Qverview, page 2. 3. 5ee bverview, page 1. 4. Drawings provided. 5. 5ee Overview, page 2. 5. Drawings provided. 7. See Overview, pag~ 2. 8. Drawings provided. 9. See Overview, page 2. 10. See Overview, page 2. 11. See Overview, page 3. 12. See Overview, page 3 13. Drawings provided. 14. See Overview, pagE 1, 15. See Overview, page 1. 16. A Glass b distributorship is one of many permits issued by the state. Spetifitally it allows for distribution to restaurants. While the passibility that we would do a class b distributorship is very low, we may apply for this or many other licenses with regards to the sale and distribution of packaged g~ods. 17. 5ee Overview, pag~ 3. 18. Aclcnawledge 19. Acknowledge 20. The Fire C~de allows for a hammer head, see drawirtgs. 21. Acknowledge ~2. Acknowledge 23. There is no sCate or feder~l laws pertaining to spills of peCro4eum on tancrete in either a residential or commercial setting. Sinte the existing facility is a lube center no report can be done saying no spills have occurred, !se«use they have. Neither the federal or state has levels af cantaminates relating to oil spilt on concrete. We intend ta acid wash the facility and either apply a concreCe vainer, tile ar paint to all surfaces. 5incerely, ~ l.anny W' ~nson DEVELOPMENT REVIEW COMMITTEE ZC11-004 SUP FOR PACKAGE STORE TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, March 28th, 2011 at 7:00 p.m. City Council: Tuesday, April 19~' and May 3`d, 2011 at 7:30 p.m. Please sign the Record of Acknowledgement provided below and submit it with the following to our office: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the any e~ibits; ^ 1 reduced copy (8.Sx11) of the e~ibit. ^ The above requested items must be submitted in order for any public hearings to be scheduled no later than noon on Monday, March 14th, 2011. This item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted and/or addressed. Please contact me at ashelley~a,colle~ille.com or 817.503.1051 if you have any questions. RecQ~~cl of Ar.~uosti~edgeine~~t I Ta~rv~ read tdte De~~.To~naer;t R~=i$r.s~ Gommittee n~~m4 i~a its ~ntar~t~~ nASd firll~ ~a~c~r:o~ladg~ r.at'1 cemmar~ts tF~at h~r1>e ba~a preserrt~rcl Faaref~a. I~also rr~r~rle~s~ar~rl that ~new infora~acrtirrn IrECO.mes ar~+~arlabl~ oP• t~~e r~equast is alter•ed fr~ofn ~~~hcrt ~~rs oi•igirrall~' stabrrr~iltad a~o t~ae Gorn~u~arh' 1.j~~eleprrac~~rt Dep~rtrne~rt; ttae easa rnrr}~ b~a ~arl~j~ect 10 „fir~•to~ier• a•~~ic~w n~rr1 crrda~in~acad rrsqtxfa~errasr~ts rrot irr~l~rd~ri H~irhat~ fihts rnemo, ~.~Awy U-~ (k:~-.~ P'rint~ed haabe 3~ ~ ~ -~l Si~aature IIate R~C~I~~D MAR 1 4 2011 P er ............. PAGE30F3 Site Plan «~~, ~ ~ ~k ,i ~ ~~ _ .F ~ ~ ~ =i ~, , ~ ~ ~'%%~''~~~~f . ,,,,,~ J / ~w,~, w ,~w ~~~N~ "~~ b ~ n ~ ~(~~ ~ . ~ ~ k. ' ~ ~ ~ r~ ~ ~ ~,. f ~ ~ ~ ~ ~ ~~ . , b % ~~ ~ ~ ~ ~~ J, ~ ~ ~ J ~ ~ ~ ~' ~ ~ ~ ~ ~ ~ ~ ~ Y~ ~ ~~ ~°~l~ ~~' '"° 1 1` ~r ~ ~ ~ ~ 1.~~ ~ ~ I ~°1 + r~rr ~ ~ ~ ~ ~ ~I~"'~ 1~ i ~I ,p~~ rF" r~' ,~, ., u~ Mw ~u ~ . ~ ~ ~ ~ y ~ a `~ Id'l~. ,g~ ,,,, +~p/l~ ~~~ ~ ~oo/ ~ ~ ~ ~ ~ ~ i '~'i ~ ~ ~~. . ~! ~ ~5 '~ W ~U ~ I ~ ii f ..v ..... . !~.' ~;, ~ „. r ,~ m ~:: ~ ~ ~ sa ~ ~" ~ ~~ ~' ~ j ~ ,; ~ ~;: I / ~ ~ ~ i ~~C~ ~,,,r,~ , qYWy G °~~l~Y11~vi // ~ ~,^'~ ~ I~I N°III ~~ IllPJ~~ ~~„n ~`~ ~ ~~~ ~ ~ °a~n ea~ ~ ua~o-~ rw,na ~~aw ~ f~'8~17A~ ~"~"L'Ia~~-~"lR~~~"K ~ O O ~ ~ ~ ~ ~;, ~~ ., ~~ ~~_ , ~;~:~:: ~_ ~~~_ ~~~~, ~ ~~~ ~: ~ `- , ~ ~ ~~ ..-~~ ..a_~~ ~~ ~ ~ ~ ~;~ ~'$T~ S~€~~MA~I~,*t~ €513I~€I$1~~ dPiF(3RMAT~tP3v Elevations for Proposed Future Building at Rear of Subject Property ~ ~Y,y ~~ ~~ "~ ~ °~ ~~~ ~~ c~,,~~~ ~~~ '~ ~ ~ ~ , ~ i~~ ~ ~ ~ ~~,,,,,.. ° r ,; ~ ,, ii, ~ ~~~~ ~ ,~u,~ ~ ~ ~V~` ° x i ~r i! ~r , ~' ( Sign Exhibits .~ ~~oiuuiouM~i~iirdNui ~ ~ ~nVNN~qwi~p~u~W~P~O ~ ; _ ~;~s~,~~~o~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ' ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~" ~ ~ ~ ~ ~ ~. ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' C~ ~i +i~ ~, ~ ~ ~ ~ ~ ~~~~~fi~~~~ ~~~~~l~l~~°iJ~1~~~~i ~~~~ ~i,'~'~~~'r~y~l~yi~ il~li l~l~~~f~~~f %~~~~~% ~ . _„_ ,,,. ~~~ ~ ~~~ ~ '~~ ~~~~~~~ ~ ~~~ ORDINANCE 0-11-1794 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 5A, BLOCK 1, OF THE ANDY FELPS ADDITION LOCATED AT 4205 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC11-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-11-1794 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a package store on Lot 5A, Block 1, of the Andy Felps Addition located at 4205 Colleyville Boulevard, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described and shown in Exhibit "B" and Exhibit "C'. b. The package store authorized by this Special Use Permit shall not exceed 4,406 square feet in size. c. The business name for this package store shall be "5 O'Clock Somewhere Beer, Wine and Spirits." 2. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 3 cir.ninr.F a. All signs advertising the package store shall meet the following conditions: (1) the new monument sign and wall sign shall be generally consistent with Exhibit "D"; (2) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) Section 108.52 of the Ordinance 0-11-1794 Page 3 of 4 Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (4) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. 4. GENERAL DEVELOPMENT REQUIREMENTS a. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 35 prior to the issuance of the certificate of occupancy for the package store. The design of the package store shall be generally consistent with Exhibit "E". b. The basement area and elevator installation shall be required to comply with all building code regulations. c. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. d. Any drive-through windows associated with this development are hereby prohibited. e. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "F". f. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. g. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall Ordinance 0-11-1794 Page 4 of 4 have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map Exhibit "B" - Statement of Planning Objectives 5 +~~ ~~f~~~ ,~ ~~ ~~+~r`, '~I"ir~~ ~r~d ~pir~'~ts' C~w~p~m~« ~~rwA~wMr 5 C~" ~.'la~~k B~~r, "~"i~r~ a~~d'~~~~~~s ii~ a r~t~rll 5t~ar~ ¢~~a pr~vides +~u~~, spir~~ts, ~~~r a~rd ~r~ciQ~~r~ it~m~i~ ~~~ s~l~ tc~ uts ~~rst~m~~s. ~'~~ r~~~3~ st~r~ ~wi,~ll b~e cropen ff~~rs~ ~t~~rrb'~~a ~~a~~n t~~arad~~'~ht~~~u~t~ ~~tw~r~~~~ '~'~ p~~ra t~r ~~~aVCry~~ ~a p~+~pl~ ~r~at~ia~~ c~~ ~~a~~~~r~ue~rt. F~~th~rr~~ur~, ~!u+~ ptlamu ~~ w~cll~z~ t~~~~u~l~a~~' ~~s ~~tl~ ~nk~an~~ ~h~ ~us~~sm~r ~x~~ier~c~ ~r~~ ~ar~~~~~~ ~~I~a~ ~d,d~:d se~arfe~ ~~- ~ou~~ c~u~tcr~~rs. T~e exp-e~~~d ~~~n~r~q~ irn~~~~t~ ~sf th~ ~~cvlit~r i~ as ~~qll~ywm's; ~amcr~~r~ P~t ~~s~~ ~~at~are ~r~ildir~~ s~pt~~;r~ ~+aat°~~~ ~~~~ ~9~G~~ 7~~~a ~rap~rt~r,~..~:r~~s ~1~.~~~' ~~0,~~~~~T. $~~~C~C~~~~~'. ~~q~~ °~~x ~~,~u~~ ~a~~~.~~~ ~~~'~,~'~Q ~~her ~cr~~u~r~~~ i~~ue~ w~c~l~t.~~ ~~ kH~e ~re~~,ert~+ d~r~ ~~ ~~Il~y~~~. 1. "~~r~ ~r~ap~en~ is ca~~~~~ut3y a~~a~d ~~~¢~rmv~ii~~ ~n~, ~urrt~un~~d~ ~y ir~d~as~~u~l~ ~y~~ u~s~s '~~i;~ p~-r~a,j~~t ~~u~d ~VM~aa~,~~e ~~u ~~u~a~rm~ti^w~ ~~m;t~r. F~r~h~rrr~~t~p ~he p~~r~~~~t~ ~w~a-~ald re~aaiin r~~~i~ ~i~+d ~a~ ~~°~i~:~ a.~~r~r~ ~f~ ~~ ~h~ ii~u~~r l~'~w vu~~~ ~~p~~l~d. ~o "~"~~ c~~~~r~~~ u;~~ o~ tY^ne ~ar~a~er~y ~~ ~~st tk~~ ~~~heat r~~nd da~~l u~s~ +~~ C~e ~sr~~s,~~t~. ."I"hA~ pra~~a~saf +~~a~Nd ~r~~~~M~~niz~ th~ ~r~ap-~rty ~~~I i~a~pr~r~ve tk~~ sit+~a and ir~n~rra~v~ ~~~~ ~,~u~h ~ntr~uc~~~~ t~ c~~~ ~i°[y. ~~. p~llcrs~ +~~~~k~e~ ~~~ra~Fi~~ ~ill ~~arrn~ ~r~~°nn~ c~~~~d~ ~f'~~UI~~a~rV[I~, '~~~~ ~rd~~~~u~ rr~~ar ~~~~~s t~a~ d~~~ll~~~~~ iru~~r ~~ue ~iity~ th~t are ~~rr~nt~y g~r~~rhg ~~a ~~.'~~rt~w. ~11~~ ~u~~~a~ru~~tiv~ ~us~ t~~~~rntl}I ~rw~ t~~ sit~ ws nr t an ~~c~~~rro~~c~~l~y+ ~~a~W~ ~au!si~cee~s ~~d tl~u~s 1C~a~e ~~~il ity t~~s b~~orr~~ ~n ~~e s,~r~. T~aa.s ~rca~~ck ~~III dr~r~~tscal~~++ck~~n~~ ~~th the ~a~~s~d~ ~~~ A~~i~~ ~~ttl~~ ~ac~e~ty. '~ ~" ~I~a~N~ ~~cr,'~qi°'~~+~ ~rmd 5-~?~rilts r~a~~r~r~dz~s the ~~~d ~aar~ ~ hi~h~ A~~ve1 ~af s~~;~~it~ irr ~sa~~Pw~~~ ~~~r~~. '~~"~ ~ill b~e~ ~~~a~~i~~ ~~I c~~ tP~~~ Cr~~~~ I~'~~w~~~iir~~ R~~~~arr~~€~r~~9,~ti~ara~ fcrr ~c~ru~~r~u~~r~~ .~'C:~~~s ~~~ 1~~~'~,~,~~ 54~a~e~s ~s re~~mrmen~d~d ~,y t~~~ ~;~~~r ~~ ~Co9l~yrvill~ ~;~+~e ~#ta~~Wa~d~. ~tis ~srelN ~~ ~~a~ fi~aN~~a~~rr~: • f~l~sra~la~~°ed ~~¢:~~d~y ~N~rrr~ ~rr°ut~ ~:t~c~~~ct ~I~RCr~s ~n ~p~a~in;~. ~ 1JIsu~~~ f~~~ ~rf sf~~ t~ ~II ~ntr~nc~~ ~nd ~xit~ frare~ th~ ~p~as, * ~"i~~a~q I~r~~ ~f'si¢~ ~~ ~ql v~:h"s~1es ew~~t~rir~g, ~n~~ ~aamtir~~~~~ f~~}I~t~ •~ ~~~ru~r~s ~r~~~~~~~~~r~~ ~B~ r~~~~~u~~~e~~ ~r~t~~~i~o~ ar~ ~~xit~~~ ~~h~e~ ~rap~~~y. +~ ~~rr~~r~~ a~~c~~~~rr'u~a~ ~~II ~e~~~'~ ~~p~~~~~ ~r~d ~~t~~~~~~ ~r~~~e~a~;s.. ~ ~.~~~r~~ ~m+~rau~a~ur~~ ~i& p~r~ur~~ ~r~~ ~.c~v~r~~ ~c~,~~ir~~ a~~~~. • +C~r~~ras ~ru~a~auk~a~~~~ 4~u~ f~a~rt~ ~nd ~dd~s caf f~ci~itc~~s * ~4G1 ca~rrn~ra~~ ~i:ll I~~~~~ ~~~n~r~~ ~a~v~a~~w~~, ~ ~' CI~c~ ~~~r,'~~wr~~ arac9 ~pird~s ast~rrrb~~c~~'its a~r~u~u~l ~~~I~~ ~~ ~a~: ~p~~~~V~rr~~~~~ll~ ~~.,~CNt~,~~. "~Pv~~ ~stir~ti~t~~i ~r~e~~~~ C~~k~t i;~ ~~~. I~ith~ Ck~~ tr~~i~a['b~i,~n~ ap~w~~rxiraaa~~ny 12~ ~~e~r~rl~ p,er ~,~y G~1~rndaw~ ~ ~h~~s~Va~ ~r~~' ~~ p~~o~pl+~ p~~ ~ay ~ r~day arod S~ar,ur~~y, ~ C~` Cl~~k ~t~er, 4~"ir~e ~ir~r~ 5~i~~t~ d~ V~~~tea9 i,r7 ~Fa~ rr~a~st s~~t~u~~rr ~ar~ ~~ tM~~ ~:~t~,r ~aa~ n~~ r~±~~~i~~r0:i~l' ~~i~F~~rrars arad h~,~ tN~e g~~~~est ~i~s~ar~~:~ ~rf ~r~?~ ~~is~ir,~ ~a~~a~~ s~~rres, ta s~~~ao4~r ~i~rka~, ~~r~ ~~rui~.'f~a~l b~aiu~'~rt~~s rraa~ir~~ it a~t ot~e~a6 I~t~tioce~ F~r ~ p~~.~~~;e st~r~ ~s~~ ~tt~~~~d ~~~~. l~~ h;~vc ¢*a~~~n~sa~a~~~ ~ri~d ~~ ~c~c~~ u~ ~i~h ~ ~~rr~~ tk~~~ i;~ ~~athu rn~rk,~~.~k~p~~ ~ana~ rr~r+~s~r~t~t;iv~ ~f ~:hc ~a~a~wn~s~ ~r~~; r¢~.~~k~k ~~ ~~r~a~. ~v~r~l ~r~a~p~~ w~+~tl~ ~x~~rusio~e rra~wNc~t~r~u~ b~~~:kg~ca~un~N ~~~r~ ~ro~~~n ~~rrv~ull~e~ ~~~~ ~h~~ ~'a~l~~awrd~~ 3~~ ~ I~s~ a~~ m~r~~~~ ~kk~~~~~ Pr~rr~ ~ne~~ ~p~~r~~pc~~~c1 ~ntd ~r~c~ lis~~~~~cf ~~~ ~r~l~.~r~ ~y+ ~r~n~s ~~tiru~ ~etr~G~~r, ~ ~* C~4~~~ ~~ E~~r, '4~"i~~ ~nd ~,~ar~ts I~°I~~~~,~ ~~~r, ~ine ~n~ ~,~~r~ts iI~U15IR]1~'"~ ~~~'r~ '~UUine ~nd ~pirir~~ ~hi~I-FM~ ~~er, ~V~~~ ~~d 5piri;t~ ~.~+r,~~ B~r, '~al'ar~~ a~n~d 5p~~wts Tbw~ b~~~~i~r~~ ~n ~~r~ ba~l~ ~r~ ~~;~ ~r~rp~c~~ky wvilll- ika~ ~r~ol;t ~u~ter~ ~N~~ d~r~a~i~ ~~~ sta~r~~,~ ar~d~rar ~f~i~:~ ~pa~~ is r~~~~!~~~N. 'h~'I~ip~ i1~~ v,ru~l ~~~^c~ u~a +di~~cd arr~~a~ct ~~r ~s~k~~s t~~x a1~ wn~a9N ~o~~~~~ly~ wrrr~p~~t tk~~ par~p~~~~ tax ~~I~~a~. '~~r~ pm+~~~s~~9 fu~k~ua~~ ~i~udl~'1~~, ~ar~l~ acbl+~ ~re ~~~~;t i~ r~~a~d~r~ ~c~ ~~r~;~r~r~ ~a~~u~~ ~~~+w~hr. ~hi~ b~~,~~a~u~i;~ r+~~Q~ b~ uas~~~ sb~~c~u,l~ a~ d~cw~~ tc~ ~p~~n ~~I~~~ ~ dis~~~tl~ut~r~1~~~, '4~~i1~ t1~~ IdkeN~r hsaa~ ~rf t~ai'~ ~~ wr~~~+ la~~r ~~rc t~ ~~~~ cr~r~*ral6 ~~~a~n~~ni-~~ ~f ~:k~~s b r~istri~i~t~r~kul',~~wu~ ~re c~~~i~c~r"rri~, iG, ~s ~ p~t.~~~,i~l ~~utu~e ~s~~a~as~or~. ~~~r~~~a~~ ~a~~~ ~:~a~rl~ saya N~ it ~~ r~~~d~c~ t~ c~n~u~~c~ ~c~ ~~a~w~ ~;~N~s ;a¢~d ~F~~~rn s~q~~ ~~x~~ ~rill ~u~cc~=as~, ~ht* ~a~'~~r~~ le~~~lfrr~ aa~a ~~ r~ot ~ drrw~ll~r~~w~~~ °I"~r~~~ wn~~l6 i~~~ n~ ~r~v~ t~tir~~a~;,~w w~'ir~;~d;~vw~ ~rbr~ n~ar~t~ i5 p~~nr~e~ ~ar uwa~'~~~ i~ tP~e f~~a.a~e Tk~~ ~a~urp~~~ ~,f ~h~ ~~av~red Ic~~d~u~~ a~~~ i; ~~ h~we ~~t~~r~~e~ ~~~~ ta r~~u~d~y 8~~~ ~r~~ s~r~ra ~.w~~~~r~~~~ kha~. ~w~,~~ ~a~~~r~i~~r~~ t~u~a!ir pu~rr'~ase~. ~4~~F war w~i,~l u~~ k:hi~s ~~~~ t~~ Is~~~! ~r~d u~G~~~ ~r~s~a~tc^~ ~~d~r~ i~ar ~~r s~r~l~wr~r~y ~u~Y~~'nt~r~„ ~C3~r i'a~~~.~~ticvrr i~ ~~a ~r•cav~u~~ ~a I~vt~ czf s~rv~~~ ~u~d c~nven~a~r~~c~ t~ ca~r c~~stiar~~rs r~~ely aif~r~~ irn ~:his i~~~i~c:s~:r~,. ~h~e sc~~~~~~1 ar`~~ ~~~~ccEat ~~ ~w7e ~~gn~ F~~s ~a~~~~ r~~C~v~~l. ~t:~ ~ur~~7s~ ru~~~ ~r~a~'~'I?~ ~'r5~~tii~. I~ cs, h~~r~v~~, irnpcsr~a~rt ~e~ ~~~~ t~ra-t C~~r~~s~~p~^ ~s beir~~ ~dd~~' t~a ~~r~ ~rvnt ~rff tFn~c b~aild'~ru~ ar~c~ f~~ur p~rki~n~, s~~ts ~r~ be'Ir~~ ~~~,~~w~d t~ f~~i~s~~~~ ~~uV~., ~~e k~~ser~~r~t ar~a wvw11 ~ir~i~MaVk~ b~~ aa~~d ~~, st~ra~~. ~h~uVd the ba~siracs~ ~r~~ a~~G ~~ ~~qui~~ a~dituar~~l di~pd~+y ~p~~e, vr~~ ~r~~aPi~i ex~a~ru~! tt~~ I~as~rra~n~ ir~tia ~ fu,~i ~+~c~~ ce~~~r ~rith I~~~~ 4a~~irr~ t~~il~s rr cV~~~ i~. ~~f c~~ra~l~~~my fr~~ ~~n~ aaq.~k~Grs ~~sd h~wr~ ~ wN~~al~ diff~r~~at aa~~. VVI~ ~~~~°~i~r~~~ thqs k~~~l~iir~~ a~ni~ p~~apae~`tyr wa~~ tN~~ f~allawr~~ti~ gaaals in ~i;rr~d; ~ ~'9~~ac~a~~ ~~,~f~ ~;~a~~~~nt ~u~t~rr~r~t~ur~~ u~~ ~~~ k~~at~r r~~rw~ ~r7,~ ur~ ~~qr~ F~a~~~~~~~ «~°r~avcer~~ a h~~,W~ f~~+e~N ~a~ s~~r~a~c~ ~u~e~ c~~~rertai~~c~ t~ti ~+~r p~cd~a~~ ~uis~a~rrw~~s. +~ AI4cs~w fa~r ~~~xib~e ~a^~~~'~ra~r~t?~, iira th~ ~ut~~or~, a~ ~ ~~~~~g~ ~t~rr~ ~ar r~~~i;I~~~F~~~, +~ p~~~~d~ th+~ hi~hest ~a~~ ~~st us~ +~F tk~~~ ~r;saperC~r. « St~rt r~cd~v~lapr~~n~ in ~~a ~Id~r i~~iu,tr~~l'se~~~~n~f ~ig'~~~y 2~i. ~t i.s irr~paar~~rrot ~~ rr~t~ tk~~t ~he ~~uw ~rai~a~~~r~ w~a~ul~ rucat ~ar~lyr rtu~~t t~ro~ n~~~'~ c~f ~ p~cka~~ .st~r~, ~au~ ~~a~sl~U ~~sil~r k~~ c~zr7?~~~-ted 'lca 5cara~~ c~tlh~~ fcrrrrt~ ~rof ~~t~~R c~r- affi~~ 5~a~ulcE ~h~~ tl~-~ d~~rr~t~~ twb~~ hi~hm~st and ~o~~t ~~e ~rr ~Fr~ f~fiur~c. V,ri~~ uwrc~~alld censt~~l tih~ eNev~tt~r vu~aera eit~i~r Rh~ ~M~a~rn~st~fxs b~c~r~te~ ~~,+a~u~ ~~lla~ ~r tta~ ba~ild,i~a~ r;~as cca~av~~t~~ ta ~ffic~/'~~t~p9. Exhibit "C" -Site Plan ~" ~~~; '~~ !r ,i~ ~~~~ p ~~~~- ~ Exhibit "D" - Sign Exhibits ~~~rMw~mr~,i~~ ~~r~ 1~~' ~i~~~ I~~~~ ~~ ~'~I'"` ~~an~l ~"~~^~6~~u~ p~~ir~~~ ~°~ ~ ~~r~ i~~ ~~~ ~w~f ~~~t ~r~~ ~~~~ ~; ~~~~~~~a;~ Exhibit "E" - Building Elevations ~ ,,::' ~ ~ ~ ~,F; ~~. ~x'G;~ ,J ~g]d ~k F [ i. ~ ;,; ~ ~ a,~ ~ fd1~% ~ vr~ ~; a, ~ Exhibit "F" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating a convenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a"peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have a time-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A)A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1795 File Number: 0-11-1795 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/17/2011 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package Store on 1.2 acres at Tract 1 D, Abstract 1154, ofthe R.N. McEwing Survey located at 8070 Precinct Lin Attachments: Location and Zoning Map • Notification List • Statement of Planning Objectives • Site Plan • Proposed Easements • Building Elevations • Floor Plan • Sign Exhibits • Ordinance 0-11-1795 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/25/2011 Planning and Zoning Commission 1 05/17/2011 City Council Title Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package Store on 1.2 acres at Tract 1D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC11-007 Explanation First Reading and Public Hearing Mark Stacy has submitted a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit (SUP) in order to operate a package store called "Fossil Creek Liquor" at 8070 Precinct Line Road. The proposed package store will encompass a new 7,000 square feet building. Currently at this location is a single family home. Existing Zoning and Development Conditions. The property is currently zoned R40-Single Family Residential and is not platted. Package stores are allowed in the CC2-Shopping Center zoning district with the approval of an SUP. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with the recommended remediation. City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17951 Site Plan, Landscapinq, Buildinq Desiqn and Siqnaqe Site Plan. The site plan submitted by the applicant shows the proposed liquor store to be a new 7,000 square foot building. Landscaping. The applicant has provided a landscape plan that shows the required amount of trees, shrubs and greenbelt area along Precinct Line Road. However, because the property to the south is zoned R40-Single Family Residential, a landscape buffer containing evergreen shrubs planted on six-foot centers is required along the southern property line. This is not indicated on the landscape plan. Staff recommends that the subject property meet the minimum requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Dumpster Locations. The site plan does indicate an enclosed, screened dumpster location behind the main building. The requirement that all dumpsters be screened per the requirements of the Land Development Code has been added to the proposed ordinance. Hours of Operation. The Texas Alcoholic Beverage Code (TABC) mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC2-Shopping Center zoning district require a minimum design score of 25. The applicant has provided building elevations that illustrate a new building to be constructed. The subject building, as it is proposed, contains a design score of 30. Staff recommends that the entire building meet the calculated design score of 30 prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Signage. Staff has received drawings regarding proposed signage for this applicant and it is discussed below. 1. A drawing of the potential monument sign is proposed to be eight (8) feet tall and 14 feet wide with a masonry base, which meets Chapter 7-Sign Regulations. 2. A potential wall sign is proposed to be nine (9) feet in length and 2.6 feet in height for a total of 24 square feet, which also meets Chapter 7-Sign Regulations. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the proposed ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. City of Colleyville Page 2 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17951 Staff also recommends that upon abandonment of the business authorized by this SUP, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. The sign provisions noted above have been added to the proposed ordinance. Access, Parkinq and Traffic Generation. Access. The applicant does not intend to install a drive approach along Precinct Line Road directly serving the subject property. Instead, the applicant proposes to provide sole access to the subject property from 8080 Precinct Line Road, located adjacent to the subject property to the north. 8080 Precinct Line Road currently has a full service driveway approach from Precinct Line Road and also connects, through a mutual access easement , to 8090 Precinct Line Road, which connects to Lavaca Trail. The properties at 8080 and 8090 Precinct Line Road are currently developed as office buildings. The applicant proposes to have (2) two access points from 8080 Precinct Line Road from the west (in front of the proposed building) and from the east (behind the proposed building). These access points would consist of two 24 foot wide driveways that would wrap around the building. There are currently no mutual access easements connecting to the subject property shown on the plat for 8080 Precinct Line Road. Staff recommends mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. Additionally, in lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mu tual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the submittal of the building permit application. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. For previous package store cases, staff has estimated traffic generation based on convenience stores with gasoline sales. Based on the calculation of a convenience store with gasoline sales, 7,000 square feet of gross floor area is expected to generate 680 trips per day, on average. Parking. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores . Based on this requirement, the applicant is required to provide a minimum of 35 parking spaces per municipal code. The applicant is providing 39 parking spaces. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. In terms of crime prevention, staff recommends that all package stores be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package Stores. City of Colleyville Page 3 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17951 This document has been added to the proposed ordinance as an exhibit. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file . All measurements are calculated based on a straight line drawn from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: Distance to closest residence: 415 feet Distance to closest school: 1,140 feet Distance to closest church: 2,400 feet Distance to closest day care: 2,400 feet Distance from other active package store requests: Hall's Wine and Spirits - Approved 5.0 miles Tivoli Wines - Approved 1.9 miles Goody Goody Liquor - Approved 2.0 miles Bear Creek Spirits and Wine - Approved 3.0 miles Tri-City Spirits - Approved 0.4 miles Mirage Fine Spirits - Pending 2.0 miles Five O'Clock Somewhere - Pending 2.2 miles Public Safety Assessment. The police department has identified no major public safety concerns with this application. Currently, this area is largely unimproved other than a small residential structure. As this location is on the very edge of the western city limit, it is expected to have less of a traffic impact on residential areas. The closest residential area (Emerald Park) is directly east of the proposed business and separated by a six (6) foot masonry wall. Liberty Elementary (Keller ISD) is located on the corner of Precinct Line Road and McDonwell School Road to the north, but it is beyond the minimum distance required for a package store. There is heavy school traffic on weekday mornings and afternoons during the school year. Surrounding Properties. The adjacent property to the north is zoned PUDC-Planned Unit Commercial and is developed as offices and a salon. The adjacent property to the south is zoned R40-Single Family Residential and is vacant. The adjacent property on the east is zoned PUDC-Planned Unit Development Commercial and is currently undeveloped commercial. Properties to the west are in the City of North Richland Hills and developed as residential properties. Master Plan. The Colleyville Master P/an designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of an SUP. Public Notification. Staff notified nine (9) property owners within 500 feet of the subject property regarding this request and notice was published in the Fort Worth Star-Te/egram City of Colleyville Page 4 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17951 as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request by a vote of 6-0. Staff Analysis and Summary of Recommendations. Staff has written the proposed ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: -All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. -Mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. In lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mutual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the submittal of the building permit application. -The building shall meet the a minimum design score of 30 as required by Chapter 6-Building Design in the Land Development Code. -All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the proposed ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance ; (3) Upon abandonment of the business authorized by this SUP, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. -All dumpsters shall be screened per the requirements of the Land Development Code. -All package stores shall be required to comply with the Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the proposed ordinance as an exhibit. The following is an analysis of the request, as submitted bv the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? Yes Complies with sign regulations? Yes Complies with minimum building design score? Yes Complies with outdoor storage restrictions? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes City of Colleyville Page 5 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17951 Recommended Actions. The City Council has the following options regarding action on this item: 1. Approve the request as submitted (with listed conditions in the proposed ordinance); 2. Approve the request with additional condition(s); 3. Table the request to a specific date with clarification of intent and purpose; 4. Deny the request. City of Colleyville Page 6 Printed on 5/13/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001013 Lavaca Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001101 Lavaca Tr Linles Properties Ltd 1361 Cross Timber Dr Southlake TX 76092 008090 Precinct Line Rd Lavaca Trail Llc PO Box 69 Colleyville TX 76034 008090 Precinct Line Rd Adler, Keith & M Bickley Do 1112 Glade Rd Colleyville TX 76034 008080 Precinct Line Rd Souder, William D 305 Brookridge Ct Nurst TX 76054 008070 Precinct Line Rd William D Souder Investments 305 Brookridge Ct Nurst TX 76054 008060 Precinct Line Rd Jones, Jerrell W 11111 Abbeywood Oklahoma City OK 73170 008050 Precinct Line Rd Mark Stacy, applicant 412 South Jefferson Pilot Point TX 76258 applicant City of North Richland Nills Planning & Zoning 7301 N.E. Loop 820 N. Richland Hills TX 76180 courtesy Emerald Park NOA 400 Country Place Colleyville TX 76034 courtesy Public hearing notices were mailed on Friday, April 8th, 2011 by Amy Shelley ~~~ Statement of Planning Objectives ~F ~,. _ <~ z: ~ ~£ ° ~~~~ ~~ey ~'ec~nol~og~~ ~nd~~~esi~n, Inc. ~ ~. ~_ ~,f 1~esign ~ ~'anst~ction ~ ~~lc~atrt~ement ~~ ~~ .~ ~.. March 17, 2011 City of Colleyviile Community [~evelapment 100 Main Street Colleyville, Texas 7603~ Attn: Mr. Ron Ruthven, AICP Re: Rroposed Package Store Fossil Creek Liquar 8f}7t} Precinct ~ine Rd. Colleyville, Texas Stcrtement of P/anning Qbjectives Pursuant to the Land Development Code, we are submitting the fotlowing infarrnation regarding the development of the afarementioned Praperty. Fassil Creek Liquor is proposing the construction of a 700Q square foot Retail Package Store. As evidenced by the attached [7evelopment Plans, this facility is to be constructed with a combination of Stone Veneer, Split-faced CMU, and Stucco to prouide a beautifuf addition consistent with the adjacent area. Traf#ic fEc~w and Emergency Vehiele Ingress/Egress meet or exceed the requirements set forth by the City of Colleyville. Ownership Information: Fossil Creek Liquor 1900 Western Center Boule~ard Fort Worth, Texas ~6131 Website - fossilcreekliquor.com Contact Information - Mr. Ken Carmody 21~.534.7359 Utility Provisions: Water Available in Precinct Line Right of Way Sewer Available at manhole located at the NEC c~f 8080 Precinct Line. Included in this Submitta3 Pack~ge is an executed, but nat filed, copy of the Encraachment and 412 Sauth ~effersan ~ Pilot Point, l'exas 76258 4 Office 940-6$6-6800 e> Fa~c 940-686-6393 laint Use Agreernent. Said Agreement grants Permission t~f Mr. Kieth Adier, awner, ta cross his property within agreed-to Utility Easement. In additian to this Utility Easement, Mr. Adler has agreed to grant a Mutual Access Easement, ai(awing Fassii Creek tl~e use of his driver~vay approach and rear drive exit for vehicular and FireJEmergency Vehicle ingressJEgress. Fossil Creek wil! alsa provide similar Mutual Access Easements to the adjacent Prc~perty tc~ the st~uth. This adjoining Property is currently owned by William D. Spuder, Nurst, Texas. Prc~posed aevelopment Schedule: Submittal of Package Store A~aplicatian PZ Meeting 1$` Council Meeting 2"d Co~ncil Meeting Submittal of Construction Permit Application Commencement of Construction Certificate c~f Qccupancy t3peeations P"lan: Hc~urs vf t~peration - 20.00 am ta 9:t30 pm Open Daily - Monday through Sat~rday, Clased on Sunday # of Employees - Seven Econornic Derrelopment Inforrnatit~n: Tatal Square ~eet - Building 3004 Total Estimated-Annual Sales $3,9QO,OOO.Ot~ ~stimated SaleslSq.Ft. $557.141Sq.Ft. Estirnated Annuai Ad Val~rem 7ax $37,447.26 Estirnated Annual Sales Tax $321,750.OQ March 3.8, 2t111 April 25, 2011. May 27, 2011 lune 7, 2{~12 June 15, 2011 1uly 1, 2013 Octaber 1, 2011 If additior~al information is required, please contact Mark Stacy at 972.743.2281 or Thank You,~ .~'" ~' Mark Staey Concrete ~\ ~ ~ ~ ~ ~~~ ~ ~ \ \ \ \ ~ ~ ~ i 3 ~R ~N U ~~ ~ d i~ i ~ i~ ~ o ~~ i i~ i~ ~ X _.. i m ~ ~ I i i ~ ~ i I i ~ 5~ ~ ~ .~ ^~ I--I ~ ~ ~ U ~ ~ ~ ~ ~ ~ a~ ~, .~ a~ ~ U ~ O a~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ so~ , ~ ~ , , ~ Concrete ~ M ~--~ M LANDSCAPE NOTES ALL LANDSCAPED AREAS SHALL BE IRRIGATED WITH CAPABLE OF PROVIDING THE PROPER AMOUNT OF ' PARTICULAR TYPE OF PLANT MATERIAL USED. IRRIGf AN UNDERGROUND SPRINKLER SYSTEM, OR A SUBT APPROVED BY THE CITY ARBORIST. 2. AUTOMATIC UNDERGROUND SPRINKLER SYSTEMS SH, SENSOR AND FREEZE GUARD SET AT 38 DEGREES 3. SPRINKLER SYSTEMS SHOULD BE CONFIGURED TO ONTO STREETS AND SIDEWALKS. 4. VISIBILITY TRIANGLES SHALL BE PROVIDED AT ALL f INTERSECTIONS IN ACCORDANCE WITH CURRENT CIT ALL LANDSCAPING (NOTHING OVER 2 FEET IN HEIGI FROM THE TOP OF THE CURB) WITHIN THE VISIBILI SHALL COMPLY WITH THE VISIBILITY ORDINANCE. 5. THE PROPERTY OWNER IS RESPONSIBLE FOR REGL PRUNING, AND OTHER MAINTENANCE OF ALL PLAN7 MUST BE MAINTAINED IN A HEALTHY GROWING C01~ Existing 24' Wide Fire Lane & Access Drive ~ C'~ ~ M ~ -----~----~---- I Concrete Existing 24' Wide o ' Fire Lane & Access Drive N ~ I ---------------- ~------- ----- , ~ ___~____1____1____1____~__ ~____1____1____1____~___ \ Concrete \\\~~ ;oncrete Fire Lane & Mutual Access Easement ~~ ~ ~ ~ ~ ~ ---------------------~~---------------------r-- ---r r \ \ \ \ ~ .~ ~, Q ~ ~ ~ U ~ ~ a~ ~ c~ ~ ~ ~. .~ w ~ ~ ~ ~. U ~ O U ~ ~ .., ~ N i i i --- ---- ---- -----------------------------~- i i i ire Lane & Mutual Access Easement ~~ ~ i i ~ Concrete _-~'~~ r r i ~___T-__r____r____I____1_____ , _a I 1 i I ~ _l I 1 1 1 I 1 1 I 1 1 I ---- ~ 1 I 1 ~ I ---~ , ~ M r--~ M U 1 Scale: 3/16"=1'-0" CROWN MOULDING - CAP WITH EIFS FINISH SPLIT FACE CMU BLOCK ~~~~-=~ ~~ ~~ ~~ _-~ ~~- ~ ~4.. STO FIRE RISER ROOM ENTRANCE ~~ Exterior Elevation (Left Side Shovvn, Right Side Opposite) Scale: 3/16"-1' 0" SALES AREA ~~f ~ ~~ ~ `i CASHIER i ~ O CAMERA ,\~~ ~ ~~~ ,'. ~ '103 E. CRAWFORD DENISON, rExas ~~~ ~ ~ ~-~~~~-~~.~ ~~~~~ Client Name: FOSSIL CREEK LIQUOR ocation - ~ ~ __~, ~___~ _~~~ ~ Start Date: Drawin # vv~ ; • Page: ~ ~ • - ----------------------- - ----------------------------------------------------------- Client Approval • --------------------------------------------------------------------------------------- Sales Rep: ~ ~ Desi ner: 9 . - Project Manager WWW.~~ ~~~~~~~ .uS LISTED Landlord Approval ~_~_ QC COPYRIGHT ~~ `, BY _~_~ -_= ~ALL DESIGNS PRESENTED ARE THE SOLE PROPERTY OF -_ ~_~ -_=, AND MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT WRITTEN PERMISSION FROM 4_~ ;,~ _~ ~ 30" ~ _ _ ~ _ ~ ~ ~ ~ ~ ~ ~~ ,\~~ ~ ~~~ ,'. ~ '103 E. CRAWFORD DENISON, rExas ~~~ ~ ~ ~-~~~~-~~.~ ~~~~~ Client Name: FOSSIL CREEK LIQUOR ocation - ~ ~ __~, ~___~ _~~~ ~ Start Date: Drawin # vv~ ; • Page: ~ ~ • - ----------------------- - ----------------------------------------------------------- Client Approval • --------------------------------------------------------------------------------------- Sales Rep: ~ ~ Desi ner: 9 . - Project Manager WWW.~~ ~~~~~~~ .uS LISTED Landlord Approval ~_~_ QC COPYRIGHT ~~ `, BY _~_~ -_= ~ALL DESIGNS PRESENTED ARE THE SOLE PROPERTY OF -_ ~_~ -_=, AND MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT WRITTEN PERMISSION FROM 4_~ ;,~ _~ ORDINANCE 0-11-1795 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT 1D, ABSTRACT 1154 OF THE R.N. MCEWING SURVEY FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE CC2-SHOPPING CENTER ZONING DISTRICT LOCATED AT 8070 PRECINCT LINE ROAD AND BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC11-007; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-1795 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.2 acres on Tract 1 D, Abstract 1154 of the R.N. McEwing Survey located at 8070 Precinct Line Road from the R40-Single Family Residential zoning district to the CC2-Shopping Center zoning district and by amending the official zoning map by authorizing a Special Use Permit for a package store, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: ~ r.FniFRni a. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described and shown in Exhibit "B" and Exhibit "C'. b. The package store authorized by this Special Use Permit shall not exceed 7,000 square feet in size. c. The property shall be platted per requirements of the Land Development Code prior to the issuance of a building permit. d. The business name for this package store shall be "Fossil Creek Liquor". 2. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. Ordinance 0-11-1795 Page 3 of 4 ~ CI~N~~F a. All signs advertising the package store shall meet the following conditions: (1) the new monument sign and wall sign shall be generally consistent with Exhibit "D"; (2) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (4) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. 4. GENERAL DEVELOPMENT REQUIREMENTS a. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the certificate of occupancy for the package store. The design of the package store shall be generally consistent with Exhibit "E". b. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. c. Mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. Additionally, in lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mutual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the issuance of a building permit. d. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "F". e. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. f. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for Ordinance 0-11-1795 Page 4 of 4 in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map a ~rv~,~ . ~~ ; ~f,,,,'///////////////i~~~~/~~~'/'//~~~~///%///%%//%%//O%////////////~~~~~~a~~~////~////// ' '" ~,~ "~'"'°~~!~~ ~ ~ ` . `'~ ~ ~~wr~~µ~,u,~a~,~ ....~,..~ ~~~ % ~ d' ~ ~s- ~ ...._ .,...... ,~~ w~, ; ~~ ~,,,, ~,,,,~~ ; ~ ~ ~i ~~~~~~.,~-____~ ~~~~~~~~ ~,,.,,mnw ~~'u ~' ~ ~~~~~~~ , ~,,,,,,,,,,,,,,,,,,,,, i~ % o iiiii~j%///// ~ r ~ ,~». ~ ~j~ /////%% , ~~~~~~~ ~~~i ~t , i r~; // ~/ ~~%"' ~ ~' ,,,,~`YYYY ,~ ~ ~~~ / ° ~ / j i/ Jiiiiiiiiiiii%~, f .' /j~ .. ...... ; '~ ~~~j~ / ~~ , . i~ ~+++~+ ~%~~i /,,,,% iiiiiiiii~; t'"'~mVW~ ~ ~ ~_...a,. ~FK~1~ o ~ii~iii~ ~~ .. ~~ ~~ ,~ ~J ~/,~~,,,,,~///////% /////////////////////////////////,~ ..~~~ ~~ e,,. ,a ; ,.,~ / ~ ~j i ~ m~ ~~i ~~V3"8 B~O~,~u ~tl '' I . ~ a~~ ~. 7,~, ~ w~RR j~j; '~~ ~,~~,.,, ~ ~ i. ~~WL- . ~e m ~ ~~' ~" V~ , _, a,,,,,,~ ~ ,~~~~ ~ , ~ ~Ili v ~ ~ ~r~~~~~ ~ ,,,,, ~41dnRin ~ ~ ~ li, ~. ~~. , rv~ ~.~ ~a ~ ~~wV ~ ~ ,~ ... ~~~~I¢~ ~ r I i 4i ~ . ~ ~BY~~' ~,_,~~~~~ V~Sr~~ ,~, ~~ ~ A ~ ~ ~ .. .~ ~,,~ i ^u ii r~~~ ~!ti h ~~~ r~ ~~i~~ ~N~,y~"" ~ ~~~R' ~ ~ " ~ p ~ i ~ ~ ~l ~ r fi a y~rus~m~unnw~i~/~l/~ ~ . ~ ~y~ "~'^ ~1.m ~ /%ii/ ~~ ~'"~a ~~N~M~ ~5~.9w' ~~~ ~~ I ~~~i¢ ~.. ~ ~jiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii/ s ~ ft t ~I~~ ~„ , r ~ , i~ , ~~ w f % r ;, . ~ ~ ~ ~ ~~~~ ~~~ .~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii %/ ~~ / ~ / ~~~ . ~p'~ ~ r F~°w .. , , ' ~ 5 ~u u'S "~1~;, ~~.~oG~ y ~ ~ ~ ~~Y7~ mF9~[k~~ ~X~-~ s fi r ~ ~~~~ ~~rIC11~ R~M~"~ 4~~mm -`~ ~ ~ iiiiiiiiiiiiiiiiiii/~~~~j~~~~~~~~~~~~~~0~/ ` . "~~" ~~'~'~ ~ ~, ~.~! ~ ~ LLv~a~~9 ~ I ~~'~FiE / i i ~~c~ ~ ~ ~ ,. i I ~ ~ iiiiiiiiiiU i ?~2~L3~' ~~V~~~ ~ ~ "'~ jiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ `"~ ~, C ~ ra'~I` ~ """~` 1 ._ Wm,~ ~ ~. ~ /%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%/~ ~ ~l~Y S ~ iCa01~1~' ~~.. ~"iW"~ ~ ~'_ "~'~'~'Ltl .~ ..... , ~ i "~-~NY'M ~ ~ ~~~~+ ~ . ~~~1 ,,,if f/ iii ~.~Y~NS' ^^~YN~t~tt~'IlI'~III'.'I.'I~llllyl~i :~~Wr~'&L i I~"~ ~G~;' ~'~~~ :. IF~~~ ~~,~,~ M~ i.w~. i ~, ~, ~, ~, ~~'~~,~ ~ ,~~~ p ~.~~, ~~~~ ~~ ~~~ ~ ~ f f///%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%~% ~~ ,,~ ~ ~ ~~ ~~ ~;'~ s " j y ~~~~ m:~'~~~ ~ ~~ ~~ ~~~~¢~~ ~ lf iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~~;~, .J~i,a~' ,,,,, _.. :~. ~,~.,.._ ~,,,.,. ,J ,, ... Exhibit "B" - Statement of Planning Objectives b! ~ 7 j r: ' : u' ~ " $k ~."~ ~~cy ~I`~c~na~~a,~~ ~n~~esign, ~~c. ~ ~r ~ ~, '~e.s~~rr. ~ ~"~~trucGa,~ra ~ `M~arra~ernextt ~ra ^ut. , ` i" MafCh 1"~, 2011 Cuty r~f Ca~Neyerill~ C'a~r~rrmun%t~r a~v~~cr~rnenk 1't~{7 Ma"rn Stre~t C~I~e~yvi~i,e, Tex~s 7fiU~4 Attn; ~vAr. Ran RuCh~ven, AIGP Re: pro~rose~d Packa~~ Store F~ssif Creek ~fquar 807~ Precinct Lin~ Rd. Call~y~^ila~, T~xas ~"t~rterr-ent of ~"Jan~r~~rg ~~7bje~c~t~ves ~Pursuar~~ t~a the N~a~n+d C3eveNop~nent Gad~, w~ ar~ s~ubr~it~in~ ftf~~ t~o~ilowiiin,g ~o~fror~m~atia~ ~~gartl~ng the d~~relvpm~n~ of the aforerr~errtfio~n~d IProil~e-~t1+, ~ossill ~~re~k Liq~uar us prdposingth~: t~nnstructiar~ o#~ 7(~~1~ square~ fa~rt Re~:~a611 ~acka,g~~ S~:v~re. ~~s ~~vii~l~ru~ed ~~~^y ~h~ ~~ttached f,~evelt~p~rt~rot'~~Plar~~s, ~kk~'~I~ facilpty is t~a b~ ~~ainsnructe~d av~ith~ a cp~m~lbirn~ti~r~ of S~+v~ne U'erneer, 5plllit-f~~ed CMII, and 5tuccc~ ip prvvid~ ~ Ib~a~ud~lfu~l ~add~~G6a~in ec~~ts6s2~~t witka t!~u~ aadja~~~t ~re~. "To-affi~ fda~nr ~r~cU Ern~r~ency Vehicl~ fn~ress/~~r~ss rrbe~t ~ar ~x~ceed t~e re~~irer~en~ts set fort~r I~y ~tt~e ~i~y of Caalp~e+yvn'lle. ~~w+rn~rs!~iip ~w~~~rrnro~t'~a~n: Fr~ssil Creek'Liq~ucar l~t}Cl'W'~s~~rrn ~nt~r!8du~~ev~rdl F~rt W'~prth, Texas 7~131 1/Uelbsite - fassilcreek~'iqu~rr.c~am ~onxact Nr~~ar~at'ron - MYr. Ken ~Carma,dy 214,534.73'59 L~t~li~ ~~Rrarrisia~~a~s; W~ter A~ailabl~ in Pr~:cinct ~.ir~e Right of L~day 5ewer Avaitahl~ ~t rnanhaNe fe~cated ~fi tlhe NEC r~f'BO~dI P~ecincn l:ime. Incl~ude~ nin nl~is Submitta! 1~ackage is ~n ex~c~tedr k~ut nat fil~d, copy of the ~~rncraachrr~eirut ae~~ 412 ~auth J~ffersom fir ~'ilot Pr~in,t, 1"exas 76258 ~~f'fice 44~J-~r8b-680u~ ~ Fax '9~91~-68'~5-6393 Jr~~n~t Us~ Agre2rne~nt.'5ai~ l~greero~e~mt grants Rerr~iSSioa~ ~f NV''a~. iKiet'h~ /~dler, ~7^wrru~~r, La crvss his pr~perty w6thin a~~~~d-to 4Jtili~y ~asem~rrt. Gn additi+~~n ~p t'd~is ~Utf~ity ~aserr~e~t, NVr. A~dl~r h~as agre~~d #r~ ~rar~t ~ hllutual ,4tcess Eas~r~r~nt, ~I¢~v~ring ~Fassi~ ~reek thne use a~ ~Oas driveway ~uppra,acF~ am~ rea~r drive ~xut ~~r vehicu~'~~r ~rt~d Fbr~/~merger~cy Vetuie'~e In~ress/E~ress. Fossil Creek w'ilY ~Isa pra~rid~e sirrt~iNar Mutual Access Eas~rnents to tG~~ adj~e~r~t 6'raaperty ta the sca~at'~, ~"'his a~jain~r~~ Pr+a~rerty'is c~urr~ntpy c~w~e~' ~y h~l"uAN9:arrriu N~. Saude~r, ~d~u~rst, ~`ear~s. Pro~pose~i Deve~~a~rnenk 5~~~~ule: Sa~bm~kt~'I af Packa~e 5trar~ App9~itat~vn P'Z ~Meetin~ 1'` Caunc~il rrNee~~r~~ 2"'~ Cou~n~Al Mee&i~~ So~#~~r~ur~~t~V of ~ar~~~tru~c~tiar~ ~~~r~r~ri~ ~A~plucati+~m Cvrnmerw+cermea~t vf Crrr~struction Cert~~~i~a~~ pf C7cca~p~ncy ~~Ser~fiRVnS Pla~n: ~Npurs of f]uperaticw~r -10:~~1 arrt'~s~ 9:~i} ~arr~ ~ipen CMaily -'Mc~nday tMraugP~ Sa'kurd~iy, C9ase~d a~~r~ Sarnday ~ ~f ~Emp~V~ye~s - Seve~ ~~canor~mic Cr~e~relnpmue~t Infcarro~~t~nn. ~ot~l S+qu~re Fe~t ~ B~uild'rrrg 74-~J¢~ Tcat~C EsCirnate~d ~-Aror~ual 5,ales "~3,'~~,~J4.~1 Esti en~~ed '5a f~s/'S+q, ~ C, ~~ 5~7.34/Sq. F't. Es'Cimated ~mr~u~i A~4 "~~ur~a~'ero~ Tax $37~~47.~~~ ~sti~rvaat~d Aa~r+u~l Sales T~x 5~~~.,7'SO.~ M~rth 1~, 2~'~1 A,~ri~ ~5, 2f~~.1 May'17, 2~~~. J~+n~ 7, ~Q11 ~~u~r~e'~5~ 2~111 J~Ry a, zo~.~. ~ctok~er T, 2~11 If a~i~I~k~trr~~V inFc~rmati~n ~s requirec~, ,please co~ut~ct ~lark'Stacy at 972.74I.2281 ~r T~ha~n~k Ya~, .~---~'~.--~.~~. r~~~~ s~~~y ~, ~. I Prop d L3 ~~i:~~ ReL~iE HuiEdirtg _ I l~1~'a d~. ~ua~ ~~ . ~i, m/ II ~A ~ ' . €?~?'S1~1:~~~-'R:~' f I; ~ ~~. ~°. I F~~ z~ ~,~ '~'i R ~ ~ _ i t~Y t1 j $ ~ ,I' ~~ ` II ~ ,. ..~.. ..i . 1~ - . 1,~'~~' _ _ , L_i i __-~ ,s PR~GINCT Z,IN~ RC?~1~ t - C C'~tfJ'-FS SI € E: SL Y{S:AaY'I'.~3Li:'. P+iib~i..~ ~ ~_~v .~eoa F~a.z._ .9 F, Nei~c ~` [tFP~ i n 1rt~! Lloe~i .rnex ._~-.~ 6h*ir.~r. RPmrtSM. +rm .ne x s . aal ~jno°s e9 -d ~ -V - ~ i.EiLRA ipTL$ -, ~ prt~ nrv~ : pm, r4r m ara m.a~m ~r ch~~~ ~in~~iia ,~Rr ~.aiw~ aFf-ai41ii.,~il~all k.allo~.;.4~r. a r.~r~1 Yurr r~ni. r~..u1e ~p~'~ a _ M z ti~_ _.~ i~iM1LJ C3.PF T 61.1A7IL~n5 STk6.'`k£tE 4~ .F iE 91'~nu~nss111 Ge~. rr.~ai~, F.• s _ is. G .,t~c_ S7TL~,'I_RP ~ ~ ! a`~~ 1 - ' =i r. iaaaaei ae2_[ _ ...- ~I.'~.. ~ m ~ ~ ~ rt ~ / ~ ~ V ~ ~ OI ~ ~_ Exhibit "D" - Sign Exhibits A~^e. ~ ~, ~ ~ ~~, ~i~rn, ~~I~~bi~;~ ~ ~ ~ ~ ~ °, ~ ~ ~ ~ ~ ~ ~ ~~u ~~M n~r~ ~ ~; d~hdl °~ ~' %Y C'~. -'i Y I ~ a~" ~ K~ =» c3". ~ ~ c, °ry~ C.:a ~ ~ ~ Y~ ~ ~ ~ ~ C:Y ~~ ~ ~ ~~ ~„~ ~/7 Wd ~ II": ~ ~ ~ ~ c~ ~ ~ ~ ~,~ ~ r i ,~ ~,~~ a;, ;a ~~ ~ ~:,~~ ~ ~~.. ~~ ~;.:;x ~~ ~ ~`~ ~~4 ~~ ~ ~ ~ ~ ~ ~ ~ ~,~~ ~ ~ r~ ~.~ ~, ~~; ~ ~ ~ ~ ~I~~,t ~~~ ~t~~ ~~~; ~I~~ ~~: ~~ ~° ~~~~~~~~ `~ 4 ~~ ~ ~ti~IL YR~~ ~_I~~~~ ° ~€a~~~n: R__= ~~~~ ; -------- -- -------- CI ~r~:~~~r~#~I . ~ i~~~~n~r° ~: ,~ _.~_ ~~e!~ as~ _ ~ ~' . . ~~~_ ~=~~1~~~-~~~a ~~d~~ ~ ~ --------- ---- -------- ~r~~~t~~n~~3` ~t~~~~ ~~~~~.~~ Ll~a L~r~l~~.._p.~4~ ~_~_ ~±`°r•~~Ir~~ . ~_E~ a,~~,ir ~~~~~~x ~ ~_~ v.~ :,, i~ ~~;a~<*~~ ~~.-.IS~ ..~~~ ~,c_~=_~ ~ ;~°~=~r.LIF:=~~r~~c:~„~ F,~ ;~~,~°~, ~$~~~~I~~;~4t~ ~ _i -a~ ir=` ~ c 0 ~ c~ > a~ W ~ C ~ .~ m I LLJ ~ ~ t ~ W , - TQ . . ~.. ..S _.> i_ 4l . . I._ . . _ 4ll ~ . ~~ Exhibit "F" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating a convenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a"peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have a time-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A)A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. Date: ~ ~ ~~ + ~ SPEAKER CARD ~'~ I wil! speak In Support of this item. I will speak In Opposition #o this item. I do not wish to speak, but please record my: ^support ^opposition Agenda Item Number: ~~ Ordinance/Resolution Number: ~%-%!-!, Name: ~ti~~ f1"~ k ST ~t ~~, Address: ~l l 2 S. ,1'~~~•zr ;~ _ C ity: ~'~ ~ o-1~ t~,~ :... r ~ L,~ s State: ~_ Zip Code: ~7 Telephone Number:'~ 7~-'?~Y--ZZ~t Representing: ~vSS, ~ L~,r~y ~. L,;+~~~ (organization/sel~ 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 oi the Texas Loca/ Government Code. / Signed: ~ l-./ ~/ --...._,.__.__ _ _ This information is a Public Record. R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1796 File Number: 0-11-1796 Version: 1 Requester: Public Works Department File Type: Ordinance Agenda Date: 05/17/2011 Agenda No.: 6c Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees Attachments: Alarm Ordinance Comparison • Ordinance 0-11-1796.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/17/2011 City Council Title Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees Explanation First Reading and Public Hearing The current City of Colleyville alarm system ordinance (0-05-1544) was adopted on September 20, 2005. The current ordinance is designed to protect the health, safety and welfare of the public through the permitting of alarm systems and regulation of false alarms . Under the current ordinance, the annual registration fee for operating an alarm in the City of Colleyville is $25 and the penalty for a false alarm is $50 per occurrence in excess of five during a twelve (12) month period. Responses to false alarms are costly for any city. In 2010, the Colleyville Police Department responded to a total of 2,192 alarm calls at residences and businesses in the City. Of those 2,192 alarm responses, 2,175, or 99.2 percent, were false alarms. On average, an alarm call response encumbers twenty-five (25) to thirty-five (35) minutes of a police officer's time. This time allocation includes the dispatching of the call, police response, a check of the structure, potentially waiting for a responsible party to arrive and , at times, the completion of a police report. This time allotment is doubled, as it is the current policy of the Colleyville Police Department, and most departments, to dispatch two officers to each alarm call. In addition to the manpower response, vehicle costs, including gas, maintenance and vehicle depreciation, have to be factored in to an alarm response . When computing the cost of a police response to an alarm call, the industry standard is $120 -$150 per call for a two-officer response, which includes all personnel and equipment costs. Utilizing the 2010 numbers, the estimated cost to the City to respond to false alarms last year was $261,000. This total was derived by multiplying the number of false alarms City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17961 (2,175) by the minimum estimated response cost of $120 per call. Staff presented a draft alarm ordinance to City Council at the May 3, 2011 Pre Council meeting. Based on that discussion, City Council directed staff to make some modifications to the false alarm fine schedule. Those changes have been incorporated in the proposed Ordinance 0-11-1796 and are detailed below. Proposed alarm Ordinance 0-11-1796, is an update of the existing alarm Ordinance 0-05-1544, which has been revised to address the substantial problem of false alarms in the City. In the proposed ordinance, the annual alarm permit fees remain at $25. Under the current ordinance, a fee of $50 is charged for each false alarm in excess of five (5) during a twelve (12) month period. The proposed ordinance updates the false ala rm fees and aids in the deterrence of chronic inattentiveness and maintenance issues that often lead to false alarms. The fee schedule denotes false alarm fees for a twelve (12) month period. If a cancellation of an alarm occurs prior to a police officer arriving at the scene, then a false alarm fee would not be assessed. Number of false alarms Fine Amount 1-3 $0 4-5 $50 6-7 $120 8 or more $500 An alarm ordinance comparison is attached that lists fees for alarm permits and false alarm fees. Although now allows a maximum of $100 to be charged for an proposed ordinance have not been raised. The sugge to achieve a balance between accidental false alarms, offenders. the area cities and their respective State law was recently amended and alarm permit, the permit fees in the ~sted false alarm fee schedule strives and reasonable sanctions for chronic Several months ago, the Police Department conducted an analysis of the existing residential and commercial alarm system processes to determine if increased efficiency could be realized in terms of alarm administration, permitting and responses to false alarms . Update of the alarm ordinance allows identification of a public-private partnership that would increase efficiency and effectiveness by decreasing administrative time required to process alarm permits, fees and fines; increasing the percentage of permit compliance; and reducing the number of false alarms in the City. Recently, staff issued a Request For Proposals (RFP) to secure the professional services of a qualified alarm management service company to submit a proposal and statement of qualifications for providing a turnkey solution to alarm management services. In addition, the RFP requested a proposal to reduce the incidences of false alarms, implement a false alarm reduction program, and implement a professional and persistent process for the follow-up and collection of permit renewals, new permit registrations, fines for false alarms and violations. Staff will be bringing forward a contract with an alarm management service company for City Council consideration at the June 7, 2011 City Council meeting. Financial Impact There is no financial impact to the City. However, it is expected that alarm management through privatization of alarm permitting and false alarm collections would result in an City of Colleyville Page 2 Printed on 5/13/2011 Apenda Briefinp Continued (0-11-17961 increase in net revenue to the City. Recommendation Approval City of Colleyville Page 3 Printed on 5/13/2011 ALARM ORDINANCE COMPARISON Collewille Collewille ~~ Southlake Keller Grapevine Current Draft When was the last time the 1/1 /2006 N/A 10/1 /2008 2/1 /2000 10/3/1995 ordinance was modified? Ordinance number #0-05-1544 #0-05-1544 #788 and #08-13 #498 #95-77 Residential alarm permit fee - $25 $25 $35 $50 $25 per alarm Is the permit fee a one-time annual annual annual one-time annual charge or an annual fee What is the fine for not having up to $200 up to $200 not stated not stated not stated a permit? What are the false alarm limits 5 per 12 months 3 per 12 months 5 per 12 months 0-5 0-6 before a fee is assessed? tiered: 1-3=free, 7-10=$50 What are the false alarms $50 4-5=$50, $50 $50 10+ _ fees? 6-7=$75, suspension 8+=$100 commercial yes and residential Is alarm registration required? yes yes yes 15 days after first yes alarm Does the city offer a reduced permit fee if there are no false no no no no no alarm calls? North Richland Hurst Bedford Euless Hills 1/1 /2005 not stated 8/1 /2009 12/11 /2006 Section 9-5 of #1934 10-2980 1863 the City Charter Residential $30, $20 ($10 $25 $50 waived if 65 + Seniors) and $10 business $100 renewal annual annual annual annual $200 for 1 st conviction not stated not stated $250 2nd - 10th not stated conviction $500 thereafter annual limits not stated 3 per 12 months annual limits tiered: tiered: 4-7 = $50 1-3=free, 1-3=free, g+= $100 and 4-5=$50, not stated 4-5=$50, 6-7=$75, the permit may 6-7=$75, 8+=$100 berevoked g+=$100 yes yes yes yes no no no no AN ORDINANCE AMENDING CHAPT ER 38 OF THE CODE OF ORDINANCE S, EMERGENCY SERVICES, REGARDING AL ARM SYSTEM PERMITS AND FE ES, PROVIDING DEFINITIONS, REQUIRING A PERMIT OF CERTAIN ALARM USERS; PROVIDING A PERMIT FEE; PROVID ING SERVICE CHARGES FO R FALSE ALARMS; PROVIDING FOR SUSPENSI ON OF A PERMIT; REGULATING ALARM REPORTING AND OPERATI ON; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); PROVIDI NG FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville is authorized by the T exas Local Government Code to regulate, by ordinance, the use and operation of alarm systems; and WHEREAS, the City of Colleyville is authorized by the T exas Local Government Code to regulate, by ordinance, the use and operation of alarm systems; and WHEREAS, Subchapter F of Chapte r 214 of the Local Government Code authorizes the City to adopt alarm permit fees and false alarm penalties; and WHEREAS, this Ordinance is being passed in full accor dance with all requirements of State law, including but not limited to Chapter 214 of the Local Government Code; and WHEREAS, the City of Colleyv ille City Coun cil determines that the passage of this Ordinance is in the best interests of the health, safety and we Ifare of the public; and WHEREAS, the number of false alarms res ponded to by the police department personnel is substantial; and WHEREAS, the City desires to reduce the number of false alarm notifications by encouraging the proper operation and maintenance of the alarm systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 38 of the Code of Ordinances, Emergency Services, is hereby amended in its entirety and replaced as follows: 1. Definitions. For the purpose of this section, the following terms have the definitio ns herein ascribed to them: a. ALARM ADMINISTRATOR means the Chief of Polic e or his designated representative who shal I administer, control and review false alarm reduction efforts and adm inisters the provisions of this Ordinance. b. ALARM SITE means residential or commercial premises or a location served by a General Alarm System or CATV Alarm System. c. BURGLAR ALARM SYSTEM means a device or system that transmits a signal intended to summon the Coll eyville Police Department in response to a burglary. The term includes an alarm that emits an audible signal on the exterior of a st ructure. The term does not in clude an alarm installed on a vehicle unless t he vehicle is used for a habitation at a permanent site or an alarm designed to alert only the inhabitants within the premises. d. BURGLAR/INTRUSION ALARM NOTIFICATION is a notific ation intended to summon the police, which is initiated or triggered manually or by a stimulus characteristic of unauthorized intrusion. e. CHIEF means the Chief of Police of the City of Colleyville, Texas f. CITY means the City of Colleyville, Texas g. CITY ALARM SYST EM means a devic e or system that transmits or relays a s ignal by Community Anten na Television Cable, directly or indirectly, intended to summon emer gency police services of the City. GENERAL ALARM SYST EM and CATV ALARM SYST EM do not include: 1) an alarm installed on a vehicle unless such vehicle is permanently installed at a permanent site; 2) an alarm designed to alert only the inhabitants of a premises; or 3) a General Alarm System or CATV Alarm System owned by the City. h. FALSE BURGLAR ALARM means an alarm notification to the Colleyville Police Department w hen the police respond within thirty (30) minutes of the alarm notification, and the responding police officer the alarm was false. FALSE BURGLAR/INTRUSION ALARM NOTIFICATION means an alarm notification to the police when the responding police officer finds no evidence of unauthorized intrus ion or attempted unauthorized intrusion. FALSE ROBBERY ALARM NOTIFICA TION means a robbery alarm notification to the police when t he responding police officer finds no evidence of a robbery or attempted robbery. k. GENERAL ALARM SYSTEM means a device or system that transmits or relays a signal, directly or i ndirectly, other than by Community Antenna Television Cable, in tended to summon emergency polic e services of the City. LOCAL ALARM means a General System that emits a signal at an al from the exterior of a prem ise Alarm System or CAT V Alarm arm site that is audible or v isible m. POLICE "ALERT" ALARM NO TIFICATION means an alarm notification, which does not differ entiate between burglar/intrusion and robbery but is intended to summon t he police whenever a real and immediate threat to life exists. 2. Permit Reauired. Aaalication. Transferabilitv. False Statements a. A person commits an offense if they operate or cause to be operated a General Alarm System or CATV Alarm System without first obtaining an alarm permit from the Alarm Administrator. An alarm permit may be obtained for the use of either a General Alarm System or CATV Alarm System by the user or owner of either such alarm system equipment. b. Upon receipt of the completed permit application form and the alarm permit fee, the Alarm Administrator shall issue a permit, unless there is cause to believe the equipment responsible for initiating an alarm will not be maintained and operated in accordance with this Ordinance or the applicant will not comply with each provision of this Ordinance. c. Each permit applic ation must contain the nam e, address and telephone number of the individual or alarm us er representative who will be the permit holder and be responsible for the proper maintenance and operat ion of the General AI arm System or CAT V Alarm System. designated to respond to an alarm or relay an alarm may be changed. A permit holder shall inform the Alarm Administrator of any change that alters information listed on the original permit application. e. Any false statement or misrepresentation of a materi al fact made by an applicant for the purpose of obtai ning an alarm permit or renewal or while making a change thereto, shall be sufficient cause for refusal to grant, or suspension of a permit. f. The alarm permit fee shall be twenty five dollars ($25.00). 3. False Burqlar Alarm Fees a. An alarm user shall be subjec t to fines, depending on the number of false alarms within a calendar year, based upon the following schedule: Number of false alarms Fines 1-3 $ 0 4-5 $ 50 6-7 $120 8 or more $500 b. If cancellation occurs prior to a police officer arriving at the scene, this is not a F alse Alarm for the purpos es of fines and no fines will be assessed. c. If it takes longer than thirty (30) minutes for a police officer to respond to the Alarm Notification, this is not a False Alarm for the purposes of fines and no fines will be assessed. d. Notice of the Rig ht of Appeal under this ordinance will b e included with any fines. e. A permit holder shall pay a fee assessed under this Section within thirty (30) days of the postmark of notice or dat e of email ind icating a fee has been ass essed. The Alarm Administrator may suspend or refuse to renew a permit for failure to pay the fee assessed. f. The permit holder will be exempt from any fee char ged for a false alarm notification, which is later shown to have been justified or whic h was due to a natural or manmade catastrophe or other situation specifically exempted by the Alarm Administrator a. A person shall not in stall or maintain a Ge neral Alarm System or CATV Alarm System except for the purpose of e liciting responses to burglaries, intrusions, robberies, r eal and immediate threat to life, fires, water flow or requests for emergency medical assistance, unless specifically authorized by the City. b. From the effective date of this Ordinance, no permit for a Local Alarm System shall be issued except for a Local Alarm System that ei ther emits a flashing white light, said white light not to exceed or violate the standards contained in the zoning ordinance, that is tied directly into a light at the front of the house or omits an audible signal that can be heard within a radius of two hundred (200) feet from the exterior of the house and cannot be heard outside of said two hundred (200) foot radius. The outside exterior's audible signal shall cease after five (5) consecutive minutes and be automatically reset after said five (5) minutes. c. If innovations in alarm systems or other types of alarm devices adversely affect emergency police se rvices of the City, the City may promulgate rules and regulations in order to protect the City's emergency police services. 5. Permit Duration, Renewal a. A permit is issued for twelve (12) months and is automatically renewed each year upon the payment of the alarm permit fee and verification of information on file , provided no v iolation of this Ordinance warrant suspension or non -renewal of the permit. If the permit is not renewed and the alarm is still active, a late fee of ten dollars ($10.00) will be assessed. 6. Reportinq of Alarm Siqnals a. A permit holder shall not report their alarm signa I through a relaying intermediary that does not meet the requirements of this chapter, and any rules and regulations promulgated by the City, or is not licensed by the State of Texas or the appr opriate agency, board or department thereof. 7. Proper Alarm Svstem Operation and Maintenance a. A permit holder shall: their General Alarm System or CA TV Alarm System in order to suppress false indications, and 2) maintain premises containing a General Alarm System or CAN Alarm System in a manner that does not inhibit proper operation of the alarm system. b. No alarm permit holder shall acti vate the General Alarm System or CATV Alarm System to send an alarm notification to the police for test purposes, unless the alarm permit hol der first notifi es the Alarm Administrator or its representative, and the alarm company monitoring control center, prior to the testing of the system, that the signal is for testing purposes only. 8. Reset Required a. A user of a General Alarm syst em or CATV Alarm System that causes an alarm notification to be sent dire ctly to the City shall adjust or cause the adjustment of the mechani sm so that upon activation, the system will transmit only one ala rm signal and will not transmit another alarm signal without first being reset in such a manner that it will not automatically resound, unl ess there is an outside stim ulus characteristic of an unauthorized intrusion. 9. Revocation / Reinstatement of Permit a. The Alarm Administrator ma y suspend or refuse to renew a General Alarm System or CATV Alarm System permit for any violation of this Ordinance. b. The Alarm Administrator may sus pend or refuse to renew an alarm permit if a General Alarm System or CATV Alarm System generates ten (10) F alse Robbery or Po lice Alert or Burglar/ Intrusion Alarm Notifications in any twelve (12) month period described in Section 3. c. A revocation may be lifted or permit reinstated upon a sufficient showing that the conditions, whic h caused the action, have been corrected and if the Alarm Admi nistrator determines that the General Alarm System or CATV Alar m System is lik ely to be maintained and operated in a resp onsible manner in accordanc e with the provisions of this Ordinance. d. The Alarm Administrator shall al so have the authority to revoke an alarm permit if: 1) A permit holder does not pay a fee assessed under this Ordinance within (30) days of the postmark of notice or date of 2) There is a statement of material fact known to be false in the Alarm Permit Application. 3) The alarm user has failed to subm it a written certif ication from an Alarm Installation Company that complies with the requirements of this article, stating that the al arm system has been inspected and repaired (if necessary) and/or add itional training has been conducted by the alarm installation company and/or 4) The alarm user has ten (10) or more false alarms within a calendar year. e. If the Alarm Permit i s reinstated pursuant to section 11, the Alarm Administrator may again revoke the Alarm Permit, if it is determine d that three (3) false alarms have occurred within the calendar year after the reinstatement date. All false alar m fines after reinstatement are $100.00 each. 10. Appeal From Denial or Suspension of a Permit a. If the Alarm Adminis trator refuses to issue or reinstate a permit, or suspends a permit, they shall send to the applicant or permit holder by certified mail, written not ice of their action and a statement of the right to an appeal. The applicant or pe rmit holder may appeal the decision of the City by filing a written request for a hearing, s etting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the City. The filing of a request for an appeal hearing with the city manager stays any action of the Alarm Administrator in suspending or denying a permit, until the City or their designated representative make a final decision. If a request for an appeal hearing is not made within a ten (10) day period, the action of the Alarm Administrator is final. b. The City Manager or t heir representative shall serve as hearing officer at an appeal hearing and consider evidence by an interested person. The formal rules of evidence do not apply at an appeal hearing and the hearing officer shall make a decisi on on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within thirty (30) days after the request for an appea I hearing is filed. The hearing officer shall affirm, reverse or modify the action of the Alarm Administrator and the decision is final. 11. Indirect Alarm Reportinq A per son who is engaged in the business of relaying alarm notifications to the Alarm Administrator shall: a. Send notifications of an alarm to the Alarm Administrator by human operator; unless such notific ation is by a direct computer terminal; 2) allow an inspection of their business premises by the Alarm Administrator or their representative; and 3) report alarms only o ver a spec ial telephone number, or numbers designated by the Alarm Administrator; and 4) send alarm notifications to the Alarm Administrator in a manner and form determined by the Alarm Administrator. 12. Recorded Messaqe Alarm Notification Prohibited a. No permit will be is sued for the use of systems using automatic telephone dialing to report an alarm condition by means of a rec orded message. 13. Workinq Specifications a. CATV Alarm System alarm activ ation and deactivation panels may be of a key or keyless configuration. They must be installed on the interior of the structure. The system shall provide for variable entrance and exit grace times, which shall be incorporated into the unit. b. No CATV Alarm System or G eneral Alarm System shall be so designed as to generate an alarm due to the premises or a parti cular area of the premises not being se cured at the ti me of attempted arming. The CATV Alarm System shall utilize an internal audible alert signal to notify the user that they have a progr ammed grace period in which to deactivate the CATV Alarm System upon the user's entrance. In case of power failure, all alarm circuits shall automatically convert to stand-by battery supply, capable of supplying at least 12 hours of emergency power. c. General Alarm Systems and CATV Alarm Systems are respons ible for making the user aware that a permit must be obtained from the police department. d. The installer shall als o instruct the user regarding the operation of the system, including but not lim ited to, the criteria for use of the police alert button device, stressing it is for the summoning of police only in the event of a real and immediate threat to life. e. The installer shall not install an alarm system contrary to the provisions of this Ordinanc e. Alarm systems that are installed contrary to the provisions of this Ordi nance are in v iolation of this Ordinanc e and the installer is subject to the punishm ent phase of this Ordinance for each day the alarm syste m is installed, and each day or portion of a day thereafter are separate offenses unt il the alarm system adheres to the provisions of this Ordinance. contains only a single button to activate a polic e alert alarm shall provide for a design of such equipment so that accidental activation will not occur and that activation is a deliberate act. g. Delay Diode Requir ed CATV AI arm Systems and General Alarm Systems shall include a delay diode, which will be engi neered so that an alarm will not be sent due to momentary breaks in electrical current caused by lightning. h. All electrical equipment used fo r the installation of CATV Alarm Systems and General Alarm Syst ems shall be Underwriters, Laboratories, Inc. approved. 14. Violations, Corporations, Partnerships and Associations a. A person, corporation, partnership or other association commits an offense hereunder by commission or omi ssion of any provision of this Ordinance that imposes upon such person or entity a duty or responsibility. b. In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this Ordinance to h old a corporation, partnership or other association criminally responsible for acts or omissions' performed by an agent acting on behalf of the corpor ation, partnership or other association and within the scope of his employment. Sec. 3. THAT it shall be un lawful for any person, corporation, partnership or other association to violate any of the pr ovisions of this Ordinance, and any such person, corporation, partnership or other association which violates a provision of this Ordinance is guilty of a separate offense for each day or portion of a day during whic h the vi olation is committed, continued or permitted, and each offense is punishable by a fine not to exceed $200. Sec. 4. THAT the ordinance or ordinances under which the cases currently filed and pending in the Municipa I Court of the City of Colleyville, Texas, pursuant to Section 38-1 of the Code of Ordinances shall be deemed repealed only when all such case s filed and pending under such ordinance or ordinances have been dispos ed of by final conv iction or a finding of not guilty, nol o contendere or dismissal, a nd, provided further that for the purposes of determi ning the number of false Burglar, Polic e Alert or Robbery Alarm notifications. Sec. 5. THAT if any section, paragraph , subdivision, clause or phrase of this Ordinance shall be adjudged invalid or held unc onstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of any unconstitutional. Sec. 6. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing be ing conducted on t he day of 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3361 File Number: R-11-3361 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 05/17/2011 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal of the decision by the Sign Board of Appeals by Doug Skomer, for a variance regarding a development sign on Tract 1 E, Abstract 1182 of the WC Newton Survey, located at 8000 Precinct Line Road, Case GC11-004 Attachments: Location and Zoning Map • Notification List • Applicant's Request to Appeal to City Council • Sign Agreement • Sign Exhibit • Graham Hart, LTD. Proposed Development Sign • Resolution R-08-3042 • Resolution R-11-3361 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Consideration of an appeal of the decision by the Sign Board of Appeals by Doug Skomer, for a variance regarding a development sign on Tract 1 E, Abstract 1182 of the WC Newton Survey, located at 8000 Precinct Line Road, Case GC11-004 Explanation Reading and Public Hearing The applicant has submitted a request for a variance regarding the construction of an off-premise development sign to be located on the northeast corner of 8000 Precinct Line Road in order to advertise new residences being constructed in the Lavaca Trail Estates Addition, which is located one half mile east along L.D. Lockett Road. The subject property is currently undeveloped and zoned PUDC-Planned Unit Development Commercial. The agreement between the applicant and the property owner allowing the placement of the sign is attached. The submitted plans show that the proposed development sign area would be 8 feet wide and 10 feet tall (two feet above ground level) for a total sign area of 64 square feet. These sign dimensions are in compliance with the Land Development Code. The sign will be visible from both Precinct Line Road and L.D. Lockett Road. This request was denied by the Sign Board of Appeals (SBA) on April 12, 2011 by a vote of 4-1. Existing Conditions. The subject property is currently zoned as PUDC-Planned Unit City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued (R-11-33611 Development Commercial and is vacant. The property to the north is zoned PUDC-Planned Unit Development Commercial and is vacant. The property to the west is located in the City of North Richland Hills and is developed as residential. The property to the east is zoned PUDR-Planned Unit Development Residential and is developed as the Emerald Park addition, a single family residential use. Similar Request. In 2008, Toll Brothers submitted a variance request for an off-premise development sign on a residential lot located at 1212 W. Murphy Road to advertise new residences being constructed in The Reserve at Colleyville Addition, which is located further east along the northern side of Murphy Road. The Sign Board of Appea ls denied this request at the November 11, 2008, meeting by a vote of 5-0. However, the applicant appealed the SBA decision to City Council on December 16, 2008, and was approved by Resolution R-08-3042, which is attached. Sign Code Regulations. The following is the specific provisions in the Land Development Code regarding these types of signs: Section 7-130(C) - General Conditions Applicable to all Signs - of the Sign Regulations On-Premises Repuirement - All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. Section 7-215(A) - Prohibited Signs - of the Sign Regulations Off-Premises Siqns - Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. Therefore, this type of off-premise sign is prohibited. Public Notification. Staff mailed notices to 29 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. Summary. Given that off-premise signs for the requested purpose are not permitted in the Land Development Code; and given that the sign ordinance already allows off-premise weekend signs for builders, staffs analysis is that no hardships or special conditions exist that warrant any violation of the sign regulations. If the City Council approves the sign appeal, staff recommends that the development sign be removed no later than thirty (30) days from the date of issuance of the last building permit for a new single family residence within the Lavaca Trail Estates subdivision. This provision has been added to the proposed resolution. Financial Impact There is no financial impact to the City. Recommendation Denial City of Colleyville Page 2 Printed on 5/13/2011 deW 6uiuoZ pue uoi~e~o~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Herron, Mark D Etux Bliss A 6069 Belmont Stakes Dr Fort Worth TX 76179 001217 W ~ D ~ockett Rd Herron, Mark Etux Bliss 1500 Bluebonnet Dr Fort Worth TX 76111 001121 W ~ D ~ockett Rd Emerald Park Ha Inc 400 Country PI Colleyville TX 76034 005800 Crescent ~n Emerald Park Ha Inc 400 Country PI Colleyville TX 76034 005800 Sterling Dr Kelly, Paige Etvir Taylor 412 Mesa Ranch Ct Southlake TX 76092 005804 Sterling Dr Vora, Jay Etux Renu 5808 Sterling Dr Colleyville TX 76034 005808 Sterling Dr Kuo, Man-~i Etvir ~ Fiorello 5812 Sterling Dr Colleyville TX 76034 005812 Sterling Dr Sirisakd, Ned Etux Keodara 5816 Sterling Dr Colleyville TX 76034 005816 Sterling Dr ~ofland, Kenneth Etux Kimberly 5820 Sterling Dr Colleyville TX 76034 005820 Sterling Dr Varghese, George Etux V 5824 Sterling Dr Colleyville TX 76034 005824 Sterling Dr Didarali, Asim Etux Rubina 5828 Sterling Dr Colleyville TX 76034 005828 Sterling Dr Neufeld, John Etux ~inda S 5831 Sterling Dr Colleyville TX 76034 005831 Sterling Dr Nghe, Victoria Q 5832 Sterling Dr Colleyville TX 76034 005832 Sterling Dr Juma, Samir 5835 Sterling Dr Colleyville TX 76034 005835 Sterling Dr Smith, Greg Etux Melinda 5836 Sterling Dr Colleyville TX 76034 005836 Sterling Dr Andreola, Daniel Etux Sarita 5839 Sterling Dr Colleyville TX 76034 005839 Sterling Dr Choudhary, Ashwani Etvir Arti 5840 Sterling Dr Colleyville TX 76034 005840 Sterling Dr Kellogg, Steven Etux Nicola 5843 Sterling Dr Colleyville TX 76034 005843 Sterling Dr Kim, Sean H 5844 Sterling Dr Colleyville TX 76034 005844 Sterling Dr Azer, Mervant N Etux Sameh F 5847 Sterling Dr Colleyville TX 76034 005847 Sterling Dr Scull, Diane Etvir Barry 5900 Sterling Dr Colleyville TX 76034 005900 Sterling Dr Kadoko, Robert 5901 Sterling Dr Colleyville TX 76034 005901 Sterling Dr Guido, Peter & Terebia S Glass 5904 Sterling Dr Colleyville TX 76034 005904 Sterling Dr Vu, Don C Etux Christine V 5908 Sterling Dr Colleyville TX 76034 005908 Sterling Dr Atlantic Oil & Gas Inc 2220 Marsh ~n Ste 109 Carrollton TX 75006 007970 Precinct ~ine Rd Victron Stores ~p PO Box 2599 Waxahachie TX 75168 007990 Precinct ~ine Rd Markham, Dian ~ Etal 8224 Pecan Ridge Dr North Richland Hills TX 76182 008000 Precinct ~ine Rd Jones, Jerrell W 11111 Abbeywood Oklahoma City OK 73170 008050 Precinct ~ine Rd Douglas Skomer, applicant PO Box 2167 Grapevine TX 76099 aplicant Public hearing notices were mailed on Monday, March 28, 2011 by Amy Shelley Amy Shell~y Applicant's Request to Appeal to City Council Subject: FW: Cas~ Numb~~ SG11-002 ~rom: Dr~u9 Skomer Sent: Thursday, April 14, 2011 12:12 FM To: Jackie Reyt~ Subject: C.ase Number ~C11-002 Jacqtaelyn, This e-mail is sent to formally request an appeal to the Sign board of Appeals denial af aur sign variance. Please let me know what ather information you would need for this appeal. Also I would like to know what the nex~t step would be for us. Thank yau for yaur time. Respectfully Submitted, ~:~~~~1~~ ~~ ~~,~c~~~e~ ~~..h't~~."d#~1~~;' ~..~df'~'c.l!"}~d' ~ign ~~reeme~t B~~inre~n Gra~am Hart Ht~r~e Buil~er and [~ian M~rkh;~rn This Agreernent i~ betweer~ ~"~ar~d C~wne~'} Dian Maclc#~am and Grahat» Hart Nom~e 8u11d~r~~~ a si~n to b~ locat~d c~n ~OOD p~cin+~t LEne Rd. CaiEeyvilfe Texas (Ge~referer~,~ : A 118~ -~ ~} owned by pian Markham in the caurrty ~f Tarrant. 1 c~ive ~rah~rn Hatt M~m~ Builti~r my permission ta install a sign ~n my prc~p~erty I~G~ted on BQ~tI Pr~it~~ct l~ir~e Rt~. CQlleyvitl~ Texas (Georeference : A 1182 -'1 E). , gy; ~ _ ~~~ ~.."~ / C~ian Markharn E3at~ ,,,.~ ` c.~ i 1 ~ ~v~ Dou as ~~m r for Grahar~t Hart Hame Builder ~ate Sign Exhibit ~~~~~ ~~~~~~ L~~~~ ~~~~~~~~ ~~~~~~~~~~~ ~~~~ ~ ~~~~ ~ ~ ~~~~ ~ ~~~~ ~ ~r~~hra~~ ~11~~~~ L"~I~~ P~i~~p~~~~~~di ~~~~~+~~~~~w~ ~-i~~nw RESOLUTION R-08-3042 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR TRACT 1A1, ABSTRACT 798 OF THE JOSEPH H. HARRELL SURVEY, LOCATED AT 1212 W. MURPHY ROAD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Rob Robbins, Toll Brothers, Inc, for a variance from the following sections of the Land Development Code - Sign Regulations: Section 7-215(A) Prohibited Signs, Off-Premises Signs is hereby approved subject to the following conditions: (1) The sign shall be located on the property per the attached Exhibit "A" labeled "Site Plan". (2) The sign shall not be placed on the subject property, as permitted by this resolution, until a building permit for a new single family residence has been issued within the Reserve at Colleyville subdivision as filed with the Tarrant County Clerk. (3) The sign shall be removed no later than five (5) years from the date of issuance of the first building permit for a new single family residence within the Reserve at Colleyville subdivision as described above. (4) The sign shall meet all the requirements of the Land Development Code and the Building Code, except where amended by this resolution. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, _~ NAYS AND !~ ABSTENTIONS ON THIS THE ~ DAY O 2008. CITY OF COLLEYVILLE ~~~~~-- ~ -~ ~~ David Kelly ~ Mayor City Secretary . ?~ m ~ ~ a~ ~ D ~ ~ c~ ~ a~ ~ RESOLUTION R-11-3361 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR TRACT 1 E, ABSTRACT 1182 OF THE WC NEWTON SURVEY, LOCATED AT 8000 PRECINCT LINE ROAD WHEREAS, Section 1.15, Waivers and Appeals - Sign Board of Appeals of the Land Development Code, authorizes the City Council to grant a waiver to the Sign Board of Appeals decision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Doug Skomer, Graham Hart, LTD, for a variance from the following sections of the Land Development Code - Sign Regulations: Section 7-215(A) Prohibited Signs, Off-Premises Signs is hereby approved subject to the following conditions: (1) The sign shall be located on the property per the attached Exhibit "A" labeled "Site Plan". (2) The sign shall be removed no later than 30 days from the date of issuance of the last building permit for a new single family residence within the Lavaca Trail Estates subdivision as described above. (3) The sign shall meet all the requirements of the Land Development Code and the Building Code, except where amended by this resolution. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" - Site Plan R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3362 File Number: R-11-3362 Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 05/17/2011 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of the Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the construction of Colleyville Boulevard (SH26) between Pool/Brumlow and John McCain Road Attachments: Local Project Advance Funding Agreement • Master Advance Funding Agreement • Colleyville Boulevard State Highway 26 Improvement map • Resolution R-11-3362 History of Legislative File Version: Date: Acting Body: Action Text: 05/17/2011 City Council Title Approval of the Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the construction of Colleyville Boulevard (SH26) between Pool/Brumlow and John McCain Road Explanation Reading and Public Hearing The purpose of this item is to seek City Council approval of the attached Local Transportation Project Advance Funding Agreement (LPAFA) with The Texas Department of Transportation (TxDOT) on the reconstruction of a northern segment of Colleyville Boulevard (SH26). The LPAFA is consistent with the discussion during the Pre Council meeting of February 9, 2011 and the Memorandum of Understanding that was approved by Resolution R-11-3352 on April 19, 2011. In July 2010, reconstruction of the Grapevine segment of SH26 from SH114 to Pool/Brumlow was let for construction using American Recovery and Reinvestment Act (ARRA) funding, which released Tarrant County, NCTCOG and TxDOT funds previously committed to that segment. Subsequently, Tarrant County, the City of Colleyville, TxDOT, and NCTCOG staff inet and agreed to explore the continuation of Colleyville Boulevard (SH26) reconstruction into Colleyville from Pool/Brumlow through the John McCain Road intersection utilizing some of Tarrant County's now available funds, the City of Colleyville's existing Tax Increment Finance (TIF) project matching funds and partially advancing funds from the Transportation Improvement Plan (TIP) for the scheduled reconstruction of SH26 from Pool/Brumlow to Hall-Johnson Road, which is currently scheduled for funding no earlier than 2015. City of Colleyville Page 1 Printed on 5/13/2011 Apenda Briefinp Continued (R-11-33621 In January 2011, the Regional Transportation Council (RTC) voted to transfer $4,000,000 in Tarrant County funds from the Grapevine portion of the SH26 reconstruction project (SH114 to Pool/Brumlow) to the Colleyville segment, specifically from Pool/Brumlow through the John McCain Road intersection. This phasing and project change added $4 million to the overall project funding and advanced the reconstruction of Colleyville Boulevard (SH26) through the John McCain Road intersection without requiring the City of Colleyville to commit to any additional funding beyond the $5.070 million that has been committed to the project through the City of Colleyville TIF District since 2000. Of the $5.070 million in TIF funds that are committed and available for this project, $4.850 million is specified for SH26 reconstruction while $220,000 is specified for the Tinker Road/Sanders Lane (now Oak Pointe Drive) intersection reconstruction. Since the first phase of the project will not include the Tinker Road/Sanders Lane (Oak Pointe Drive) intersection, the TIF project plan would need to be amended so that those funds could be utilized in the initial phase of construction. For the amount currently allocated to Tinker Road/Sanders Lane (Oak Pointe Drive) intersection reconstruction to be available for phase one construction funding, the City could consider utilizing $220,000 from General Fund available cash on a temporary basis. The General Fund would be reimbursed by the TIF Fund, after the TIF project plan is amended. This action would necessitate a General Fund budget amendment. The construction funding breakdown for phase one is as follows: • Tarrant County commitment: $4,000,000 • City of Colleyville commitment: $5,070,000 • NCTCOG commitment (federal share of Surface Transportation Program - Metropolitan Mobility funds (STP-MM): $1,608,000 • TxDOT commitment of State match to the STP-MM Funds: $402,000 • Total: $11,080,000 These amounts will fund reconstruction of phase one from Pool/Brumlow to 1,000 feet south of John McCain Road (see attached graphic). Phase One Construction Schedule The following is the current construction schedule for phase one: • April 2011 - Utility relocation to begin • August 2011 - Construction let date - road construction set to begin • March 2013 - Phase one construction complete Future SH26 Construction Phases With regard to future highway construction phases, the following is the current status: SH26 - 1,000 feet south of John McCain Road to approximatelv Church Street The balance of funds from the 2015 TIP will be reserved for the reconstruction of the next City of Colleyville Page 2 Printed on 5/13/2011 Apenda Briefinp Continued (R-11-33621 segment of SH26, 1,000 feet south of John McCain Road to approximately Church Street. Funding by Agency: $10,926,115 - NCTCOG Commitment (STP-MM Funds) $ 2,731,528 - TxDOT Commitment of State Match to the STP-MM $13, 657, 643 Project funding is currently anticipated to be available no earlier than 2015. If funding becomes available earlier, and the necessary pre-construction activities have been completed, NCTCOG and TxDOT will attempt to let the project for construction earlier. Otherwise, it is anticipated that the project will let sometime after the 2015 timeframe. SH26 - approximately Church Street to Cheek-Sparqer Road No available future funding has been identified for this section of the project. The City will continue to work with TxDOT, NCTCOG, and Tarrant County to seek and bring forward for City Council consideration future funding programs. While this segment will have to compete for funding in future funding initiatives, NCTCOG will consider the previously funded status of this segment in making future funding decisions. This LPAFA is consistent with the Memorandum of Understanding (MOU) that was previously approved by City Council on April 19, 2011. The MOU established the agreed upon obligations for each of the entities involved with the funding of the construction of the northern segment of Colleyville Boulevard (SH26). The entities included, Tarrant County, the North Central Texas Council of Governments (NCTCOG), the Texas Department of Transportation (TxDOT), and the City of Colleyville. It is necessary for the City of Colleyville to enter into a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation in order to access the approved federal funding for the construction of this project. This agreement includes provisions that limit the amount of funding required by the City to a fixed amount of $5,070,000. Financial Impact It has been determined that the City's contribution for phase one construction, as set forth in this LPAFA is a fixed amount of $5,070,000. These funds are currently allocated to the project through the Tax Increment Finance District (TIF). Of the $5.070 million in TIF funds that are committed and available for this project, $4.850 million is specified for SH26 reconstruction while $220,000 is specified for the Tinker Road/Sanders Lane (now Oak Pointe Drive) intersection reconstruction. If approved, a General Fund budget amendment will be necessary to utilize $220,000, from the General Fund, on a temporary basis until such time that the TIF project plan can be amended and the General Fund can be reimbursed. Recommendation Approval City of Colleyville Page 3 Printed on 5/13/2011 CSJ #363-t~1-136 District # 0~-Fort Worth Code Chart 64 #09144 Project: SH 2~ Federal Highway Admirustration CFT}A #20.20~ Not Research and Deve~opment STATE C}F TEKAS § CQUNTY t)F TRAVIS ~ LOCAL TRANSPORTATION PROJECT ADVANCE FUN~IN+C AGREEIIIIENT Far an STP__MM Project {On State System~ THIS ~ocal Preje~:t Advance Funding Agreement {LPAFA} is made by and between the ~tate af Texas, acting by and througl~ the Texas Department of Transportatic~n, called the "State~, and the Ci~i~ of Collevville, acting by and through its duly authorized o~cials, called the "~oc.~l Goverr~ment." WITNESSETH WHEREAS, a Master Agreement Goveming Lacal Transportation Project Advance Funding Agreements (MAFA} between the ~ocal Government and the State has been adc~pted, effective April 17, 200Q, and states the general terms and conditions far tra~sportation projects dev~loped through this ~PAFA; and, WHEREAS, the Texas Transportation Cammission passed Minute Order 112237 that provides far the development of, and funding for, the Project described herein; and, V1tMEREAS, the ~ctverning Body c~f the Local Govemment has approved entering into this ~PAFA by resolution or ordinance attached ta and mad~ a part of this agreement a~ Attachment A for development of the specific project, which is identified in the location map shown as Attachment B, N{~W, 7HEREF{JF2E, in cansideration af the premises and vf the mutual covenants and agreements caf the parties, tc~ be by them respectively kept and performed as hereinafter set forth, it is agreed as fallows: ACREEMENT 'I. Peric~d of the Agreement The period of this ~PAFA is a~ stated in the MAFA, withc~ut exception. 2. Termination of this LPAFA Terminatian of this ~PAFA shall be under the canditions as stated in the MAFA, withaut exceptian, and may be terminated by the State if the praject is inactive for 36 months ar longer and no expenditures have been charged against federal funds. 3. Amendments Amendments ta this LPAFA shall be mad~ as described in the MAFA, without exception. 4. Scape af Work The scope c~f work and project limits far this ~PAFA are described as the widening of ~N 26 from BrumlowlPool to Jahn McCain fram 4lanes to 6 lanes includin~ Curb, Gutter. Storm Sewer, Brid~es and Uagradinq the si~nal system. AFA-LPAFA_CJnSys Page 1 of 8 Revised 031~}1111 CSJ #363-Q1-~36 District # Q2-~'ort Worth Cade Chart 64 #0910Q Project: SH 26 Federal Highway Administration CFI~A #20.205 Nat Research and Develaprnent 5. Right of Way ar~d i~ea~ Property Right of Way and Real Property shall be acquired ur~der one of th~ following procedures (check either A. ar B.): ~-. X Purchase by the State. Acquisition of right of way shall be the respc~nsibility of the State, as stated in the MAFA, without exception, unless othetwise provided in Special Pravisions and/or Attachment C. A warrant or check in tF~e amount of the Local Govemment"s estimated pa~ticipatic~n as reflected in Attachment C, sha11 be made payable to the Texas C}epartm+~nt of TranspQrtation and transmitted ta the State prior to release of the Praject by Right of Way I}ivision, or within thirty ~30} days from receipt ofi the State's written notification, whichever is ~arfier. ~R B. Purchas~ by the Local Government for the State. Acquisition of right of way shaH be the responsibility of the Local Govemment, as stated in the MAFA, withaut exceptic~n, uMess othen~vise provided in Special Provisions and/or Attachmen# C. 6, Danations of real praperky may be credited to the ~ocal Government's funding obligation for cost of right of way to be acquired for this Prc~ject. This section shall apply only ~o projects far whi~h there is no federal finar~cial assistance and for which the State is respansible for acquisition c~f the r~ght of way. Credit for all real property, other than properky which is already dedicated andlor in use as a public raad, danated by the Lacal Government to the State sha~l be based on the prope~ky's fair market value established as of the effective date of this LPAFA. The fair market value shaN nc~t include increases or decreases in value caused by the Project and should include the value af the land and improvements being conveyed, excluding any damages ta the remainder. The Local Gavemment will provide to the State all documentation tc~ support the determined fair market value of the donated prop~rty. Such documentation sha11 includ~ an appraisal of the prop~rty by a qualifred appraiser, un~ess the Local Govemment determines that an apprai~al is unr~ecessary b~cause the vafuation problem is uncomplicated and the fair market value i~ estimated at na more than $1 ~1,04t}.00. The cost ~f appraisal will be the responsibiEity ofi th~e State. The State will review the submitted documentation and make a final determination of value; provided hawever, the State may perf~rm any additiar~al investigation deemed necessary, including supplemental appraisal work by State employees ar employment of fee appraisers. Credit shall be given only far property transferr~d at no c~ost to the State after the effective date of this ~PAFA and the State's issuance af a let#er of funding author~ty, and only for prape~ty which is necessary to camplete this Project. Credit shall be in lieu of monetary contr~butions required to be paid #a the State for the Local Government's fiunding share of the right of way to be acquired far thFS Project. The total cred9t cannot exceed the ~ocal Government's ma#ching share of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash tt~ the Local Govemment, applied to project phases other than right of way, nor used far other projects. In the event the Local Govemment's monetar~ contributions to the State for acquisition of right of way, when added to its donatit~n credits, exceed the ~ocal Govemment"s matching share of the ri~ht of way obligation, there will be no refund tc~ the t~ocal Govarnment of any portic~n of its cont-ibuted money. AFA-LPAFA_UnSys Page ~ of 8 FZevis~d 031C~1J~ 1 CSJ #363-O1-136 I~istrict # 02-Fort Worth Code Chart 64 #091 ~0 Project: SH 26 Federal Highway Administration CFDA #24205 Not Research and Development 7. Utiiities Adjustment of el~gible utilities and p~yment of costs associated with such adjustment shall b~ provided by X the Stafie (or} Local Gav~rr~ment ~check the applicable party} and shall be in accordance with provisions set forth in the MAFA. 8. Environrnental Assessmer-t and Mitigation . Enviranmental Assessment and Mitigatian will be c~rried out as stated in the Master Agreement, withaut exception. 9. Campliance w~th Texas Accessibility Standards and ADA Campliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the MAFA, withQUt exception. 10. Architectural and Engineering Senrices Arehitectural and Engineering Services wilf be provided by the ~tate, as stated in the MAFA , withaut exception. The State is responsible for performance of any required architectural or prelirr~inary engineering work. For prajects on the state highway system, the design shall, at a minimum conform tc~ applicable State manuals. 'Che ~ocal Government may review and camment on the work as required ta accomplish the publrc purposes c~f the State. The ~tate will cooperate fully with the ~ocal Gavernment in accomplish~ng these local public purposes to tha degree permitted by S~ate and Federal law. 11. Construction Respt-nsibilities Constructic~n Responsibilities will be carried out by the State, as stated in the MAFA, wi~hout ex~eption, 12. Project Maintenance Prc~ject Maintenance will be undertaken as provided for in the MAFA, without exception. 13. ~ocal Project Sources and Uses of Funds A. Project Gost Estimate: A Praj~ct Cflst Estima#e is provided in Attachment C. The State and the Federal Gc~vemment will not reimburse the Local Govemment for any v+rork performed before the issuance t~f a formal Letter of Authority by the Federal Highway Administratian, After federal funds have been obli~ated, the State wi{I send to the ~ocal Government a capy of the farmal d~cumentation showing the obligation of funds inciuding federal award inform~tic~r-. The Lacal Gavernment is responsible for 1fJ4% of the cost of any wc~r~c performed under its direction or cc~ntrol before the Federal spending authority is formally issued. If the Local Govemment will perforrn any work under this contract f~r which reimbursement will be provided by ~r through the Stat~, the ~ocal Government must complete training befc~re a letter of authc~rity is issued. Training is complete when at least one individual wht~ is working actively and directly on the Project successfully completes and r~ceives a certificate for the course entitled Loeat Gt~~rernment Profecf Pracedures Qu~lificafion far the Texas Deparfinent r~f Transportatic~n. The ~ocal Covemment shall provide the certi~cate af qualificatian to th~ State. The individual who receiv~s the training certificate may be an employee of the Local Govemment t~r an employee of a firm that has been cantracted by the Local Gc~vernment to perfflrm oversight of the Project. The State in its discretion may deny reimbursement if ths Local Government has n~t designated a qualified individual to oversee AFA-~PAFA OnSys Page 3 af 8 Revised 031C}1/'11 CSJ #363-O1-136 District # 02-Fort Worth Code ~hart 64 #49100 Project: SH 26 F~ederal Highway Administration CFI}A #20.205 Not Research and Develapment the Proj~ct. B. A Source of Funds ~stimate is also provided in Attachment C. Attachment C shc~ws the percentage and absolute dallar amount tc~ be contributed to the project by federal, s#ate, and local sources. C. All right of way Project cc~st overruns shall be shared in the same cc~st participation ratios as apply under this Agreement to the applicable cc3st categ~ry, Qthsr overruns are as stated in the MAFA. D. The State~ without cast to the Lacal Gouemment, will dc~ the necessary preliminary engineering. Fc~r purposes of this Agreem~nt, preliminary engineering inc4udes d~sign schematics, property descriptiflr~s, parcel plats and right af way maps. E. Unless oth~rwise pravided for in this Agreement, payment is as stated in the MAFA. In the event the ~tate determines that additional funding is required by th~ Local Government at any tirne during the development of the Project, the Stats will nc~tify the Local Govemment in writing. The Local Government will make payment ta the ~tate witriin thirty {30) days from receipt af the State's written nflti~ficatian. ~ F. When~ver funds are paid by the Lc~cal Government tc~ the Stat~ under this Agreement, the Local Government shall remit a check or warrant made payable to the 'Texas Deparkm~nt of Transpartation Trust Fund." The check c~r warrant shall b~ deposited by the State in an escrow account to be managed by the ~tate. Funds in the escrow accc~unt may t~nly be applied by the State to the Project. 1f, after final Prc~ject accounting, excess funds remain in the escrow account, those funds may be applied by the ~tate to the Lacal Gc~vernment's contractual obligations to the State under anothsr advance funding agreement. G. if any existing or future local ordinances, commissioners court arders, rules, poficies, or other directives, including but nat limited to outdoor advertising billboards and storm water drainage facility requirements, are mar~ restrictive than State or Federa{ Regulatic~r~s, or if any other laeally proposed changes, including but not limited tc~ plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Gcrvernment, The cost crf providing right t~f way acquired by the State shall msan the total exp~nses in acquiring the property interests either through negotiations or eminent domain praceedings, including but not limited ta expenses related to relo~ation, removal, and adaustment of eligible utilities. H. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract ar indirect]y through a se~bcontract under the cantract. Acceptance of funds directly under the cc~ntract or indirectly through a subcontract under this contract acts as aeceptance of the authority of the state auditc~r, ~nder the direction of the legislative audit committee, to cc>nduct an audit or investigation in conn~ction with those funds. An entity that is the subject of an audit or investigation must pravide the st~t~ audite~r with access to any informatian the state auditor considers relevant tc~ the investi~at9c~n c~r audit. I. The parties shaH ~omply with the requirements of the Single Audit Act c~f 1984, P.L. 98-502, ensurir~g that the single audit report includ~s the coverage stipulated in OMB Circular A-133. J. Payment under this contract b~yond the end af the current fiscal bienr~ium is subject to avail~bility of appropriated f~nds. If funds are not appropriated, this contract shall be terminated immediately with no liabi{ity to either party. K. The Local Government is authorized to submit requests for reimbursernent no later than AFA-LPAFA On~ys Page 4 of ~ Revised 03/01111 C~~ #363-01-136 District # 02-Fart Worth Code Chart 64 #Q9100 Project: SH 26 Fed~rai Highway Adminisiration CFDA #20.205 Not Research and Development ninety {90} days after ~osts are incurred. If the Local Govemment submits invaice~ more than i~inety {~i~) days after tha costs are incurred, and if federal fun~ling is reduced as a result, the State shall have no responsibility to reimburse the ~ocal Government for tha~~ costs. 14. Doc~ument an~ Information Exchange The Lacal Gc~vernment agre~s to eleckronically deliv~r to the State aU general notes, specifications, contra~t provision requir~ments, and related documentation in a MicrflsoftCR~ Ward or similar doeument. If requeste~ by the State, the Local Govemm~nt will use the State's dc~cument template. The Local Gc~vernment sha8 also provide a detailed construction time estimate inc~uding types of ~ctivities and month in the format requir~d by the State, This requirement applies wheth~r the Local C~vemment creates the documents with its own forces ar by hiring a consultant or professional provider. At the request af the State, the ~ocal Govemment shall submit any information ret~uired by the State in ihe format directed by the State. 1~. Incorpora#ion of Master Agreement Provisions This ~PAFA inc:orporates all reievant provisions af the Master Advance Funding Agreement (MAFA} in effect on ~he dat~ of fir~al sxecutian of th3s LPAFA, unless such MAFA provision is spscifically acc~pted in this agreement, Any c~nflict between the terms of the MAFA and this LPAFA shall be gc~verned and cc~ntrolled by this ~PAFA. 16. lnsurance If this Agreement authorizes the l~ocal Governm~nt or its cc~ntractc~r to perform any work on ~tate right of way, befare beginning work the ent~ty perfic~rming the wc~ric shall pravide the State w~th a fully executed copy of the State's Form ~560 Certiiicate of Insurance verifying the exist~nce of coverage in the amounts and types specified on th~ C~rtificate of fnsurance far all pers+~ns and entities working on State right of way. This coverage shall be maintained until all wark Qn the ~tate right of way is camplete. If cc~verage is nt~t maintained, all work on State right of way shall ceas~ immedi~t~ly, and the State may recover damages and ~11 eosts of ~ompleting the work. 17. Debarment Certifi+cation The parties are prohibited fram making any award at any tier to any party that i~ debarred or suspended r~r c~therwise excluded from or ineligible for participation in Federal Assistance Programs under Executive t}rder 12549, "Debarment and Suspensio~," By executing this agreement, the ~ocal Government certifies that it is not cureently debarred, suspended, or otMerwise excluded from c~r ineligible ft~r participation in Federal Assistance Programs under Executive Order 12549 and furkher cert~es that it w~ll not do business with any parky that is currently debarred, suspended, or otherwise excluded fr4m or ineligible far participatian in Federa! Assi~tance Pr+~grams under Executive tJrder ~ 2549. The parties to this contract shall require any party to a subcontract or pur~hase order awarded under this contract tc~ certify its eligibility to receive federal funds and, when requested by the ~tate, to furnish a cc~py of the certi~cation. 18. Cost Principles and Office of Management and Budget {t'~MS} Audit Requirements AFA-LPAFA C7nSys Page 5 of ~ Revised fl3/01/1 ~ CSJ #363-01-13fi I7istrict # 02-Fort Worth Code Chart 64 #091UU PTOJBCt; ~K ~~} Federal Highway Administration C~DA #20.205 1'~Tot Researcb and Deve~opment In order to be reimbursed with fec~eral funds, the parties shaU comply with the Gost Principles established in 4MB Circular A-87 that specify that all reimbursed costs are allowabls, reasonable, and allocable to the Praject. 19. Civil Ri~h#s C~rmpliance The Local Government shall comply with the regulatior~s of the Department of Transpo~kation as they relate to nan-d~scrimination ~49 CFR Part 21 and 23 CFR Part 200), and Executive Order 1124~i titled "Equal Employment Opportunity," as amended by F~cecutive tJrder 11375 and supplemented in the Department of ~abor Ftegulations (41 GFFZ Part 6Q). 20. [~isadvantaged Business Enterprise ~DBE) Program F2equirements The parties shall comply with the L7isadvantaged/Mino~ity Business Enterprise Pro~ram requirements established in 49 CFR Part 26. A. Each financial assistance agreement signed by the Local Covemment and a DOT aperating administration ~ar a primary re~ipient) must include the following assurance: The recipient shall nat discriminate on the b~sis af race, color, national origin, or sex in the award and performance of any D4T-assisted cantract or in the administration of its QBE program or the requirsments of 49 CFR part 26. The recipient shall take all necessar}r and reasonable steps ur~der 49 CFR pa~t 26 ta ensure non-discrimination in #he award and administration of QUT-assisted cc~ntracts. The recipient"s DBE pro~ram, as required by 49 CFR pa~t 26 and as approved by D4T, is incotporated by reference in this Agreement. Implementation of this pr~gram is a legal obligation and failure to carry out its terms shall be treated as a vialation af this ~lgreement. llpon natification tc~ the recipient of its failure to carry out its ap~roved program, the Department may impose sanctit~ns as provid~d for und~r part 26 and m~y, in appropriate cases, refer the matter for enfaresment under 18 U.S.G. 1001 andlor the Program Fraud Civil Remedies Act of 1986 {31 U.S.G. 38Q1 et seq.}. B. Each contract the l.ocal Government signs with a cantractor {and each subcc~ntract the prime contractor signs with a sub-cantractor} must include the folle-wing assurance: The contractor, sub-recipient or sub-can~ractor shafl not discriminat~ on the basis of race, colar, na~ional origin, or sex in the performance of this contract. The cantractor shaH carry aut appl'rcable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contract~. Failure by the contra~tor to carry aut these requir~ments is a material breach c~f this contract, which may result in the term~nation c~f this contr~ct or such other remedy as the recipient deems appropriate. 2'1. Federal Funding Accauntability and Transparency A~t Requirements A. Any recipient or sub-recipient of funds under this Agreernent agrees to comply witF~ the Federal Funding Account~bility and Transparency Act {FFATA) and implementir~g regulatians at 2 CFR Part 170, including Appendix A. This Agre~ment is subject to the fc~llowing award terms: http:l/edock~t.access.qpo.~ov/2Q'141~df12010-22705.t~df and htt :/ledocket.access. o. c~v120'10/ df120'10-22706. df E3. sub-awards greater than $25,00t3, the Local Government, as a recipient of federal funding, AFA-LPAFA_t~nSys Page 6 of 8 Revised 03/01/1 ~ CSJ #363-01-136 District # 02-Fort Worth Code Chart 64 #09100 Prc~ject: SH 26 Federal Highway Adzninistration C~L}A #20,205 Not Research and Development ac~rees that it shali; 1. C}btain and provide to the State and theFfederal government, a Central Contracting Registry {CCR} numb~r with the Federal government (Federal Acquisition Regulation, Part 4, Sub-part 4.11t10). The CCR number may be obtained by visiting the CGR web ~ite whose address is: http~;llv~rww.b~n.c~QVlccr/default.aspx ; 2. Obtain and provide tc~ the State and the fed~ral gc~vernment, a Data Universal Numbering System or DUNS number, a unique r~ir~e-~hacacter number that alfows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge fc~r all businesses and entiti~s required to do so by visitir~g the Dun 8~ Bradstreet {D&B} an-line registration website htt~:llfedaov.dnb.cc;~mlwebfc~rm; and 3. Report the total compensatian and names of its top executives to the State and federal government if: (i.} more than 8fl°lo of annuai grass revenues are from the Federal govemment, and those revenues are greater than $25,00O,OOQ annually; and {ii.} Compensatior~ informatic~n is not already available through reporting to the U.S. Securities and Exchange Cc~mmissiQn {SEC}. 22. Single Audit Report A. The Local Government is required to comply with federal {C~MB A-133} andlor state {State of Texas Single Audit Circtalar) requirements. B. If threshold expenditures of $500,Q00 ar more are met during the Local Government's fsc~l year ending, the Local Government must submit a~ingle Audit Report and Management ~etter (if applicable) to TxDOT"s Audit Office, 125 East Eleventh Street, Au~tin, TX 78~01 or via e-mail to Virqie.Rc~dri uq ezCa~TxDOT.qov C. If expenditure~ are less than $~00,000 during the Loca~ Gavernment's fiscal year ending, the ~o~al Government must submit a statement toTxDC?T's Audit (7ffice as foNows: "We did not m~et the $500,000 expenditure threshold and ther~fore, are not required to have a single audit perFarmed for FY " 2~. Signatory Warranty The s~ignatories ta this agreem~nt warrant that ea~h has the authority to enter intt~ this Agreement on behalf of the party represented. 24. Special Provisians IN TESTIMUN'Y HEREUF, the parties hereto have caused these presents to be exe~uted in duplicate counterparts. AFA-LPAFR OnSys Page 7 of 8 Revised (}3101/11 CSJ #363-U1-136 District # 02-Fort Worth Code Chart 64 #Q9100 Project: SH 26 Federal Highway Adtninistration CFDA #20.205 Not Research and Deve~opment THE LC?CAL G{7VERNMENT By: (Signatur~) Printed Nam~ Titie: Date THE STATE C}F TEXAS Executed for the E~cscutive Dirsctor and approved far the Tex~s 7ransporkatic~n Commission for the purpose and ~ffect of activating andlor carrying out the orders, establ'rshed policies or work programs heretQfore appr~oved and authorized by the Texas Transportation Commission. By: Date: Janice Mullenix D'rrector of Contract Services Texas Department of Transportation AFA-LPAFA OnSys Page 8 of 8 Revised 03/O~J1~ CSJ #363-Q1-136 District # 02-Fart Worth C4de Chart 64 #09100 Project: SH 26 Federal Highway Administration CF'DA #20.205 Not Research and Development ATT~CHMENT A RESOL[lTION OF ~~CA~ GOVEF2NMENT APPROVING THIS ~PAFA SEE ATTACHED AFA-LP~FA_OnSys Page 1 of 1 Revised 10i1111t} Attachm~nt A CSJ #363-01-136 District # 02-Fort Wr~rth Cc~de Chart 64 #091t~0 Project: SH 26 Federal Highway Administratian CFDA #20.205 I~Tot Research and Develaprn~nt ~-TTACHMENT B PRQJECT ~t)CATIt~N MAP SEE ATTACHED AFA-~PAFA_Q~nSys Page 1 of 1 Revised 10/11/~Q Attachment B CSJ #363-01-13~i District # 02-~'art Worth Code Chart 64 #0910(1 Project: SH 26 F'ed~ral Highway Administration C~T}A #20.205 Not Research and Develapment ATTACHMENT C BUdGET E~TIMATE AND SCIURCE OF F~INDS tJn-System Standard AFA 5tate Performs Work +Cost S lit TQtal Estimated ~~~~~~ State Loca~ es+~ription Co Partici atic~n Partici ation Parti~i ation st °lo- Cost °lo Cost °fa Cost ngineering $0 0°l0 $0 0°l0 $0 0°l0 $0 State c~t~sstruction-Cat 10 $1,045,000 $0°l0 $~0$,000 20°!0 $201,Ot30 ~ 0°10 $0 State anstructivn - Fixed $5,fl'T0,000 0°l0 $0 0°l0 $0 100°!0 $S,0'10,000 Loca1 Subtotal $6,075,U00 0% $$04,000 Q°to ~201,000 0°la $5,070,OQ0 ngineeriz~g Phatse Direct State Gosts $0 0°la $0 0°l0 $0 0°l0 $0 anstruction Phase Direct State $gga,875 U°!o $0 100°l0 $880,8'75 Q°1o $~ osts 14.5°l0 ndirect State Costs ~?a, 6.20°l0 $314,340 0°l0 $0 100°Jo $314,340 0°Ia $0 QTAL ~?,274,215 {~°lo $$04,{}Ofl 0% $1,39b,215 0% $5,070,000 Local funds are fixed Tota1 Payment by Local Gc~verr~nent ta State $5,07Q,QQ4.00 AFA-LPAFA_QnSys Page ~ of 1 Revised 10111I10 Attachment C STATE OF TEXAS § COUNTY OF TRAVIS § MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS TffiS MASTER AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Ci~of Collewille, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 215L Century (TEA-21) codified under Title 23 U. S. C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the governing terms of this Master Agreement will provide for ef~icient and effective contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in Attachment A; and, WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the Texas State Library and Archives Commission; and WHEREAS, the Governing Body of the Local Government has approved entering into this Master Agreement by resolution or ordinance dated , attached hereto and made a part of this Master Agreement as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreements This Master Ageement and the Local Project Advance Funding Agreements (LPAFAs) subject to this Master Agreement become effective when signed by the last party whose signing makes the respective agreements fully executed. This Master Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Master Agreement This agreement may be ternunated by any of the following conditions: a. by mutual written consent and agreement of all parties. b. by any party with 90 days written notice. If this Master Agreement is terminated under this clause, all existing, fully executed LPAFAs made under this Master Agreement shall automatically incorporate all the provisions of this Master Agreement. c. by either party, upon the failure of the other party to fulfill the obligations as set forth in this Master Agreement. 3. Termination of the Local Project Advance Funding Agreement (LPAFA) An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless: a. the agreement is ternunated in writing with the mutual consent of the parties, or; b. because of a breach of this Master Agreement or a breach of the Local Project Advance Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching parry. c. After the PS&E the local government may elect not to provide the funding and the project does not proceed because of insufficient funds; the local government agrees to reimburse the State for its reasonable actual costs incurred during the project. d. conditions for ternunation as specified in the LPAFA are fulfilled. 4. Amendments a. Amendment of this Master Agreement by Notice with Mutual Consent: The State may notify the Local Government of changes in this Master Agreement resulting from changes in federal or state laws or rules or regulations and these changes in the Master Agreement shall be incorporated into this agreement unless the State is notified by the Local Government within 60 days. From time to time, the State may issue numbered restatements of this MAFA to wholly reflect its amendments. 2 b. This Master Agreement may be amended due to changes in the agreement or the responsibilities of the parties. Such amendment must be made through a mutuall_y agreed upon, written amendment that is executed by the parties. c. The notice of amendment and the amendment to this Master Agreement may be in an electronic form to the extent permitted by law and after a prior written consent of the parties to this agreement is made. d. A~nendments to the LPAFAs due to changes in the character of the work or terms of the agreement, or responsibilities of the parties relating to a specific project governed under this Master Agreement may be enacted through a mutually agreed upon, written amendment to the LPAFA. 5. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 6. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments, unless specified otherwise in a specific LPAFA under other provisions of this MAFA. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §2 ].21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per all applicable statutes or rules, or; c. as specified otherwise in a LPAFA. Prior to letting a construction contract for a local project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion ofthe construction activity have been adjusted. 7. Environmental Assessment and Mitigation 3 Development of a local transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement, unless provided for otherwise in the specific project agreement. b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation, unless provided for otherwise in the specific project agreement. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, unless provided for otherwise in the specific project agreement. d. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated, unless provided for otherwise in the specific project agreement. 8. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this Master Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensin~ and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 9. Architectural and Engineering Services Any party to this contract may have responsibility for effecting the performance of architectural and engineering services. Or, the parties may aaree to be individually responsible for portions of this work. The LPAFA shall define the party responsible for performance of this work. ~ The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Mainterur~tce.~ of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, unless specifically stated otherwise in the LPAFA and approved by the State. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 10. Construction Responsibilities 4 a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. c. All contract change order review and approval procedures must be approved by the State prior to start of construction. d. Upon completion of the Project, the party constructing the project will issue and sign a "Noti~ication of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local Government. 12. Local Project Sources and Uses of Funds a. The total estimated cost of the Project will be clearly stated in the local project agreement. The expected cash contributions from the federal. state, Local Governments or other parties will be clearly stated. Tr-e State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. A project cost estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the project will be provided by major cost categories. These categories include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local government on a cost basis. d. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, including any overruns in excess of the approved local project budget, unless otherwise provided for in the LPAFA. 5 e. Following execution of the LPAFA, but prior to the performance of any review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " in the amount specified in the LPAFA. The Local Government will pay at a minimum its fundinj share for the estimated cost of preliminary engineering for the project, unless otherwise provided for in the LPAFA. f. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs, unless otherwise provided for in the LPAFA. g_ In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification, unless otherwise provided for in the LPAFA. h. Upon completion of the Project, the State will perform an audit of the local project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. i. The State will not pay interest on any funds provided by the Local Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project. unless this agreement is ternunated at the request of the Local Government prior to completion of the project. k. If the local project has been approved for a"fixed price" or an "incremental payment" non- standard funding or payment arran~ement under 43 TAC §15.52, the LPAFA will clearly state the amount of the fixed price or the incremental payment schedule. l. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing arrangement based on this designation. m. The State will not execute the contract for the construction of a local project until the required funding has been made available by the Local Government in accordance with the LPAFA. 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property, unless the State a~;rees to participate in the provision of right of way under the procedures described herein as parts A and B of this provision. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the ri~7ht of wav or real property. If the Local Government is the owner of any part of a project site under an LPAFA, the Local Government shall pernut the State or its authorized representative access to occupy the site to perform all activities required to execute the work under the LPAFA. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title IIl of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real 6 property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Sectian 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. If the local government purchases right of way for a local government street, title will be acquired in the name of the local government in accordance with applicable laws unless specifically stated otherwise in the LPAFA and approved by the State. If the State participates in the purchase of right of way for the state, it will be under the processes established in the following paragraphs A or B, and the selected option shall be specified in the LPAFA. A. Purchase By the State for the State The State will assume responsibility for acquisition of all necessary right of way for the highway project. The Local Government will voluntarily contribute to the State funds equal to ten (10) percent of the cost of the right of way fcr the proper development and construction of the state highway system and shall transmit to the State a warrant or check payable to the Texas Department of Transportation when notified by the State of the estimated cost of the right of way. If the amount is found insufficient to pay the Local Government's obligation, then the Local Government, upon request of the State, will supplement this amount in such amount as requested by the State. Upon completion of the hi~hway project and in the event the total amount paid by the Local Government is more than ten (10) percent of the actual cost of the right of way, any excess amount will be returned to the Local Government. Cost of the right of way by the State shall mean the total value of compensation paid to owners, including but not limited to utility owners, for their property interests either throu<,h negotiations or eminent domain proceedings. B. Purchase by the Local Government for the State Purchase: Right of way purchases shall be a joint effort of the State and the Local Government. Acquisition of right of way shall be in accordance with the terms of this agreement and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State agrees to reimburse the Local Government for its share of the cost of such right of way providing acquisition when it has been authorized to proceed by the State. Location Surveys and Preparatior~ of Ri~,Tht uf Way Data: The State, without cost to the Local Government, will do the necessary preliminan- engineering and title investigation in order to supply to the Local Government the data and instruments necessary to obtain acceptable title to the desired right of way. Determination of Right of Way Y'alues: The Local Government agrees to make a determination of property values for each right of way parcel b_y methods acceptable to the Local Government and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate Local Government representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any), and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together 7 with a copy of information or reports used in arrivin; at all determined values. Such work will be performed by the Local Government at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values which are determined by this review. The State. however, reserves the right to perform at its own expense any additional investigation deemed necessary, includina supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement. If at any stage of the project development it is determined by mutual-agreement between the State and Local Government that the requirement for the Local Government to submit to the State property value determinations for any part of the required right of way should be waived, the Local Government will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement. Negotiations: The State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The Local Government will deliver properl_y executed instruments of conveyance which together with any curative instruments found to be necessar_y as a result of the State's title investigation will be properly vest title in the State for each right of way parcel involved. The costs incidental to negotiation and the costs of recording the right of wa_y instruments will be the responsibility of the Local Government. The cost of title investiaation will be the responsibility of the State. Condemnation.• Condemnation proceedin~~s will be initiated at a time selected by the Local Government and will be the Local Government's responsibility at its own expense except as hereinafter indicated. The Local Government will obtain from the State without cost current title information and engineering data at the time condemnation are to be indicated. Except as hereinafter set forth the Local Government will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the State. and in each case so filed the judgment of the court will decree title to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings" and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State must comply with require~nents set forth in the engineering data and title investigation previously furnished to the Local Government by the State at such time as the Local Government conveys said property to the State. Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: Court costs and costs of Special Commissioners' hearings assessed a~_ainst the State or Local Government in condemnation proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Government. Such costs and fees, with the exception of recording fees, will be eligible for ninety (90) percent State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing law. Where the Local Government uses the State's appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the cost of the appraiser for updating the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent 8 State reimbursement under established procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Excess Takings: In the event the Local Government desires to acquire land in excess of that requested by the State for right of way purposes, the State's cost participation will be limited to the property needed for its purposes. If the Local Government elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of wav will be separately conveyed to the State by the Local Government. When acquired by ne;otiation, the State's participation will be based on the State's approved value of that part of the property requested for right of way purposes, provided that such approved value does not exceed actual payment made by the Local Government. When acquired by condemnation, the State's participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. Improvements: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way takin~;. In anticipation of the owner desiring to retain improvements, the State's approved value will include the amounts by which the upper limit of State participation will be reduced for the retention. lt is further agreed that the upper limit for the State's participation in the Local Government's cost for an improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement which is to be moved by either the Local Government or the owner. In the event improvements, which are, in whole or part, a part of the right of way takin~ are not retained by the owner; title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar structure which lies outside the right of way cannot be reconstructed adequately or there is nothin; but salvage left, provided that the State's value is established on this basis and provided that title to the entire structure is taken in the name of the State. The State shall dispose of all improvements acquired. The net revenue derived by the State from the disposition of any improvements sold through the General Services Commission will be credited to the cost of the right of way procured and shared with the Local Government. Relocation of Utilities on Acq~sired State Ri~Pub of Way: lf the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work. State participation in the cost of making the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost" will be made subsequent to the Local Government's certification that the work has been completed and will be made in an amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner. The "lump sum" procedure requires that the State establishes the eligibility of the utility work and enters into a three-party agreement, with the owners of the utility 9 facilities and the Local Government, which sets forth the exact lump sum amount of reimbursement, based on a prior appraisal. The utility will be reimbursed by the Local Government after proper certification by the utility that the work has been done, said reimbursement to be the basis of the prior lump sum agreement. The State will reimburse the Local Government in an amount equal tc ninety (90) percent of the firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State. In those cases where a single operation is estimated to exceed $2Q000 the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utilitv" under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Requirements: The Local Government may either pay the property owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the ri~ht of way taking, in which case the estimated value of such right of way fences and such dama`;es will be included in the recommended value and the approved value, or the Local Government may do the fencing on the property owner's remaining property. Where the Local Government performs ri`;ht of wav fencin~ as a part of the total right of way consideration, neither the value of existing ri~;ht of way fences nor damages for an unfenced condition will be included in the recommended value or the approved value. State participation in the Local Government's cost of constructing ri`7ht of way fencing on the property owner's remainder may be based on either the actual cost of the fencing or on a predetermined lump sum amount. The State will be ;iven credit for any salvaged fencing material and will not participate in any overhead costs of the Local Government. If State participation is to be requested on the lump sum basis, the State and the Local Government will reach an a~reement prior to the actual accomplishment of the work as to the necessity, eligibility and a firm commitment as to the cost of the entire fencing work to be performed. The foregoinQ is subject to the provision that the lump sum approved cost shall not exceed $20,000, except as specifically approved b_y the State. ln the event the cost of the fencing is estimated to exceed $20,000, the tra»saction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. Reimbursement: The State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety (90) percent of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of ninety (90) percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessar_y~ and title is taken as set forth herein under the section entitled "Condemnation," the participation b_y the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes. including the right of appeal at any stage of the ]0 proceedings. All other items of cost shall be borne by the State and the Local Government as provided in other sections of this a~;reement. If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the Local Government in the amount of ninety (90) percent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the Local Government prefers not to execute a lump sum agreement for either fencing or utility adjustments, the State will reimburse on the actual cost of such fencing or adjustments. The Local Government's request for reimbursement will be supported by a breakdown of the labor, materials and equipment used. General: It is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State which is needed and not yet dedicated, in use or previously acquired in the name of the State or Local Go~~ernment for highway, street or road purposes. This agreement shall also apply, with re~;ard to anv existing right of way, to outstanding property interests not previously acquired and to eli`;ible utility adjustments not previously made, as authorized and requested by the State. It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this a~=reement, such unusual circumstances or problems will be resolved by mutual a~reement betw een the State and the Local Government. 14. Notices All notices to either party by the other required under this a~reement shall be delivered personally or sent bvi certified or U.S. mail, posta~Je prepaid or sent by electronic mail, (electronic notice being pernvtted to the extent permitted by la~ but onl_y after a separate written consent of the parties), addressed to such party at the followin~, addresses: State: Mr. Steven E. Simmons, P.E., District En~,ineer Texas Department of Transportation P.O. Box 6868 Fort Worth, Texas 76115 Local Government: Mr. C. Robert Stripling, City Manager City of Collewille 5400 Bransford Road Collewille, Texas 76034 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction In case one or more of the provisions contained in this a~reement shall for any reason be held invalid, illegal or unenforceable in an_y respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this a~;reement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government a;ree that neither party is an agent, servant, or employee of the other party and each party a~7rees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors. emplovees, representatives, and a~ents. 17. Ownership of Documents Upon completion or termination of this a~Treement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthlv basis as required by the State. The originals shall remain the property of the Local Government. 18. Compliance with Laws The parties shall comply with all Federal. State. and Local laws. statutes, ordinances, rules and regulations, and the orders and decrees of am~ courts or administrative bodies or tribunals in any manner affecting the performance of this a~_reement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and oi~ly a~,reement between the parties and supersedes any prior understandings or written or oral a~reements respectin~ the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property M~n~gement St~nd~rds The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to the agreement shali maintain all books. documents, papers, accounting records and other documentation relatin, to costs incurred under this a~Treement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office durin~ the contract period and for four (4) 12 years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the ~overnmental records that are directly applicable to this agreement for the purpose of makin~ audits, examinations, excerpts, and transcriptions. 23. OMB Audit Requirements The parties shall comply with the requirements of the Sin~le Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the covera~,e stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular .A-133 after August 31, 2000. 24. Civil Rights Compliance The Local Government shall comply with the re,ulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR fi710.405(B)), and Executive Order 11246 titled "Equal Emplo_yment Opportunit_y~,'~ as amended by Executive Order 11375 and supplemented in the Department of Labor Re~,ulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvanta~ed/Minority Business Enterprise Program requirements established in 49 CFR Part ?b. 26. Debarment Certifications The parties are prohibited from makin, any award at anv tier to any party that is debarred or suspended or otherwise excluded from or ineli`;ible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and. when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Master A`,reement, the si~natories certif_y to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid byo ur on behalf of the parties to any person for influencing or attempting to intluence an officer or employee of any federal agency, a Member of Cony,ress. an officer or employee of Con~ress, or an employee of a Member of Congress in connection with the awardin~ of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative a~;reement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for ir-tluencing or attemptin, to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 13 connection with federal contracts, ~Trants, loans. or cooperative a,reements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL. "Disclosure Form to Report Lobbyin~,." in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative a;reements) and that all subrecipients shall certify and disclose accordingly. y By executing an LPAFA under this Master Ay;reement, the parties reaffirm this lobbying certification with respect to the individual projects and reaffirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Sign~tory Warranty The signatories to this aQree-nent warrant that eacll has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By Typed or Printed Name and Title ATTEST: City Secretary Date ]4 APPROVED AS TO FORM: ' THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carryin~, out the orders, established policies or work programs heretofore approved and authorized bv the Texas Transportation Commission. By: Jennifer D. Soldano, Director Contract Services Office Date: 1S ATTACHMENT A PROJECT TYPES WffiCI3 MAY BE SL~BJECT TO AND GOVERNED BY THIS MASTER AGREEMENT Federal STP - NIM: Metropolitan Mobility A~reements Federal STP - TE: Transportation Enhancement A~_reements Federal STP - HES: Hazard Elimination and Safetv .4greements Federal CM - Congestion Mitigation and Air Qualit~~ Agreements Federal NH - National Highway System State CUS - Urban Street Program (Note this list is a sample list and not meant to be all-inclusive.) 16 ATTACHMENT B RESOLUTION OR ORDINANCE OF THE LOCAL GOVERNMENT APPROVING THIS MASTER AGREEMENT ~ 17 O ~ a > w J ~ 0 m W J J ~ ~ W J J ~ C] ~ Z W ~ W ~ a ~ a ~ ~ N ~ Q ~ I C7 I W ~ a ~ ~ RESOLUTION R-11-3362 A RESOLUTION APPROVING THE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLLEYVILLE REGARDING FUNDING FOR THE RECONSTRUCTION OF COLLEYVILLE BOULEVARD (SH26) FROM BRUMLOW/POOL ROAD IN THE CITY OF GRAPEVINE TO 1,000 FEET SOUTH OF JOHN MCCAIN ROAD IN THE CITY OF COLLEYVILLE WHEREAS, the Texas Department of Transport ation and the City of Colleyville have entered into an agreement for funding the reconstruction of Colleyville Boulevard (SH26) from Brumlow/Pool Road in the City of Grapevine to John McCain Road in Colleyville; and WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding Agreements between the Texas Department of Transportation and the City of Colleyville has been adopted, effective April 17,2000, and states the general terms and conditions for tr ansportation project development through this Local Transportation Project Advance Funding Agreement; and WHEREAS, this agreement shall take effect upon full execution of a Local Project Advance Funding Agreement between all said parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Local Project Advance Funding Agreement, attached as Exhibit "A", is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor EXH I B IT A csJ #~~~-01-1 ~~ District # 0~-Fort Worth Code Chart 64 #09144 Project: SH 2~ Federal Highway Admirustration CFT}A #20.20~ Not Research and Deve~opment STATE C}F TEKAS § CQUNTY t)F TRAVIS ~ LOCAL TRANSPORTATION PROJECT ADVANCE FUN~IN+C AGREEIIIIENT Far an STP__MM Project {On State System~ THIS ~ocal Preje~:t Advance Funding Agreement {LPAFA} is made by and between the ~tate af Texas, acting by and througl~ the Texas Department of Transportatic~n, called the "State~, and the Ci~i~ of Collevville, acting by and through its duly authorized o~cials, called the "~oc.~l Goverr~ment." WITNESSETH WHEREAS, a Master Agreement Goveming Lacal Transportation Project Advance Funding Agreements (MAFA} between the ~ocal Government and the State has been adc~pted, effective April 17, 200Q, and states the general terms and conditions far tra~sportation projects dev~loped through this ~PAFA; and, WHEREAS, the Texas Transportation Cammission passed Minute Order 112237 that provides far the development of, and funding for, the Project described herein; and, V1tMEREAS, the ~ctverning Body c~f the Local Govemment has approved entering into this ~PAFA by resolution or ordinance attached ta and mad~ a part of this agreement a~ Attachment A for development of the specific project, which is identified in the location map shown as Attachment B, N{~W, 7HEREF{JF2E, in cansideration af the premises and vf the mutual covenants and agreements caf the parties, tc~ be by them respectively kept and performed as hereinafter set forth, it is agreed as fallows: ACREEMENT 'I. Peric~d of the Agreement The period of this ~PAFA is a~ stated in the MAFA, withc~ut exception. 2. Termination of this LPAFA Terminatian of this ~PAFA shall be under the canditions as stated in the MAFA, withaut exceptian, and may be terminated by the State if the praject is inactive for 36 months ar longer and no expenditures have been charged against federal funds. 3. Amendments Amendments ta this LPAFA shall be mad~ as described in the MAFA, without exception. 4. Scape af Work The scope c~f work and project limits far this ~PAFA are described as the widening of ~N 26 from BrumlowlPool to Jahn McCain fram 4lanes to 6 lanes includina Curb, Gutter. Storm Sewer. Brid~aes. and Uagradinq the si~nal system. AFA-LPAFA_CJnSys Page 1 of 8 Revised 031~}1111 EXHIBIT A csr#~~~-ol-~~~ District # Q2-~'ort Worth Cade Chart 64 #0910Q Project: SH 26 Federal Highway Administration CFI~A #20.205 Nat Research and Develaprnent 5. Right of Way ar~d i~ea~ Property Right of Way and Real Property shall be acquired ur~der one of th~ following procedures (check either A. ar B.): ~-. X Purchase by the State. Acquisition of right of way shall be the respc~nsibility of the State, as stated in the MAFA, without exception, unless othetwise provided in Special Pravisions and/or Attachment C. A warrant or check in tF~e amount of the Local Govemment"s estimated pa~ticipatic~n as reflected in Attachment C, sha11 be made payable to the Texas C}epartm+~nt of TranspQrtation and transmitted ta the State prior to release of the Praject by Right of Way I}ivision, or within thirty ~30} days from receipt ofi the State's written notification, whichever is ~arfier. ~R B. Purchas~ by the Local Government for the State. Acquisition of right of way shaH be the responsibility of the Local Govemment, as stated in the MAFA, withaut exceptic~n, uMess othen~vise provided in Special Provisions and/or Attachmen# C. 6, Danations of real praperky may be credited to the ~ocal Government's funding obligation for cost of right of way to be acquired for this Prc~ject. This section shall apply only ~o projects far whi~h there is no federal finar~cial assistance and for which the State is respansible for acquisition c~f the r~ght of way. Credit for all real property, other than properky which is already dedicated andlor in use as a public raad, danated by the Lacal Government to the State sha~l be based on the prope~ky's fair market value established as of the effective date of this LPAFA. The fair market value shaN nc~t include increases or decreases in value caused by the Project and should include the value af the land and improvements being conveyed, excluding any damages ta the remainder. The Local Gavemment will provide to the State all documentation tc~ support the determined fair market value of the donated prop~rty. Such documentation sha11 includ~ an appraisal of the prop~rty by a qualifred appraiser, un~ess the Local Govemment determines that an apprai~al is unr~ecessary b~cause the vafuation problem is uncomplicated and the fair market value i~ estimated at na more than $1 ~1,04t}.00. The cost ~f appraisal will be the responsibiEity ofi th~e State. The State will review the submitted documentation and make a final determination of value; provided hawever, the State may perf~rm any additiar~al investigation deemed necessary, including supplemental appraisal work by State employees ar employment of fee appraisers. Credit shall be given only far property transferr~d at no c~ost to the State after the effective date of this ~PAFA and the State's issuance af a let#er of funding author~ty, and only for prape~ty which is necessary to camplete this Project. Credit shall be in lieu of monetary contr~butions required to be paid #a the State for the Local Government's fiunding share of the right of way to be acquired far thFS Project. The total cred9t cannot exceed the ~ocal Government's ma#ching share of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash tt~ the Local Govemment, applied to project phases other than right of way, nor used far other projects. In the event the Local Govemment's monetar~ contributions to the State for acquisition of right of way, when added to its donatit~n credits, exceed the ~ocal Govemment"s matching share of the ri~ht of way obligation, there will be no refund tc~ the t~ocal Govarnment of any portic~n of its cont-ibuted money. AFA-LPAFA_UnSys Page ~ of 8 FZevis~d 031C~1J~ 1 EXH I BIT A CSJ #363-O1-136 I~istrict # 02-Fort Worth Code Chart 64 #091 ~0 Project: SH 26 Federal Highway Administration CFDA #24205 Not Research and Development 7. Utiiities Adjustment of el~gible utilities and p~yment of costs associated with such adjustment shall b~ provided by X the Stafie (or} Local Gav~rr~ment ~check the applicable party} and shall be in accordance with provisions set forth in the MAFA. 8. Environrnental Assessmer-t and Mitigation . Enviranmental Assessment and Mitigatian will be c~rried out as stated in the Master Agreement, withaut exception. 9. Campliance w~th Texas Accessibility Standards and ADA Campliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the MAFA, withQUt exception. 10. Architectural and Engineering Senrices Arehitectural and Engineering Services wilf be provided by the ~tate, as stated in the MAFA , withaut exception. The State is responsible for performance of any required architectural or prelirr~inary engineering work. For prajects on the state highway system, the design shall, at a minimum conform tc~ applicable State manuals. 'Che ~ocal Government may review and camment on the work as required ta accomplish the publrc purposes c~f the State. The ~tate will cooperate fully with the ~ocal Gavernment in accomplish~ng these local public purposes to tha degree permitted by S~ate and Federal law. 11. Construction Respt-nsibilities Constructic~n Responsibilities will be carried out by the State, as stated in the MAFA, wi~hout ex~eption, 12. Project Maintenance Prc~ject Maintenance will be undertaken as provided for in the MAFA, without exception. 13. ~ocal Project Sources and Uses of Funds A. Project Gost Estimate: A Praj~ct Cflst Estima#e is provided in Attachment C. The State and the Federal Gc~vemment will not reimburse the Local Govemment for any v+rork performed before the issuance t~f a formal Letter of Authority by the Federal Highway Administratian, After federal funds have been obli~ated, the State wi{I send to the ~ocal Government a capy of the farmal d~cumentation showing the obligation of funds inciuding federal award inform~tic~r-. The Lacal Gavernment is responsible for 1fJ4% of the cost of any wc~r~c performed under its direction or cc~ntrol before the Federal spending authority is formally issued. If the Local Govemment will perforrn any work under this contract f~r which reimbursement will be provided by ~r through the Stat~, the ~ocal Government must complete training befc~re a letter of authc~rity is issued. Training is complete when at least one individual wht~ is working actively and directly on the Project successfully completes and r~ceives a certificate for the course entitled Loeat Gt~~rernment Profecf Pracedures Qu~lificafion far the Texas Deparfinent r~f Transportatic~n. The ~ocal Covemment shall provide the certi~cate af qualificatian to th~ State. The individual who receiv~s the training certificate may be an employee of the Local Govemment t~r an employee of a firm that has been cantracted by the Local Gc~vernment to perfflrm oversight of the Project. The State in its discretion may deny reimbursement if ths Local Government has n~t designated a qualified individual to oversee AFA-~PAFA OnSys Page 3 af 8 Revised 031C}1/'11 EXHIBIT A CSJ #363-O1-136 District # 02-Fort Worth Code ~hart 64 #49100 Project: SH 26 F~ederal Highway Administration CFI}A #20.205 Not Research and Develapment the Proj~ct. B. A Source of Funds ~stimate is also provided in Attachment C. Attachment C shc~ws the percentage and absolute dallar amount tc~ be contributed to the project by federal, s#ate, and local sources. C. All right of way Project cc~st overruns shall be shared in the same cc~st participation ratios as apply under this Agreement to the applicable cc3st categ~ry, Qthsr overruns are as stated in the MAFA. D. The State~ without cast to the Lacal Gouemment, will dc~ the necessary preliminary engineering. Fc~r purposes of this Agreem~nt, preliminary engineering inc4udes d~sign schematics, property descriptiflr~s, parcel plats and right af way maps. E. Unless oth~rwise pravided for in this Agreement, payment is as stated in the MAFA. In the event the ~tate determines that additional funding is required by th~ Local Government at any tirne during the development of the Project, the Stats will nc~tify the Local Govemment in writing. The Local Government will make payment ta the ~tate witriin thirty {30) days from receipt af the State's written nflti~ficatian. ~ F. When~ver funds are paid by the Lc~cal Government tc~ the Stat~ under this Agreement, the Local Government shall remit a check or warrant made payable to the 'Texas Deparkm~nt of Transpartation Trust Fund." The check c~r warrant shall b~ deposited by the State in an escrow account to be managed by the ~tate. Funds in the escrow accc~unt may t~nly be applied by the State to the Project. 1f, after final Prc~ject accounting, excess funds remain in the escrow account, those funds may be applied by the ~tate to the Lacal Gc~vernment's contractual obligations to the State under anothsr advance funding agreement. G. if any existing or future local ordinances, commissioners court arders, rules, poficies, or other directives, including but nat limited to outdoor advertising billboards and storm water drainage facility requirements, are mar~ restrictive than State or Federa{ Regulatic~r~s, or if any other laeally proposed changes, including but not limited tc~ plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Gcrvernment, The cost crf providing right t~f way acquired by the State shall msan the total exp~nses in acquiring the property interests either through negotiations or eminent domain praceedings, including but not limited ta expenses related to relo~ation, removal, and adaustment of eligible utilities. H. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract ar indirect]y through a se~bcontract under the cantract. Acceptance of funds directly under the cc~ntract or indirectly through a subcontract under this contract acts as aeceptance of the authority of the state auditc~r, ~nder the direction of the legislative audit committee, to cc>nduct an audit or investigation in conn~ction with those funds. An entity that is the subject of an audit or investigation must pravide the st~t~ audite~r with access to any informatian the state auditor considers relevant tc~ the investi~at9c~n c~r audit. I. The parties shaH ~omply with the requirements of the Single Audit Act c~f 1984, P.L. 98-502, ensurir~g that the single audit report includ~s the coverage stipulated in OMB Circular A-133. J. Payment under this contract b~yond the end af the current fiscal bienr~ium is subject to avail~bility of appropriated f~nds. If funds are not appropriated, this contract shall be terminated immediately with no liabi{ity to either party. K. The Local Government is authorized to submit requests for reimbursernent no later than AFA-LPAFA On~ys Page 4 of ~ Revised 03/01111 EXH I BIT A C~~ #363-01-136 District # 02-Fart Worth Code Chart 64 #Q9100 Project: SH 26 Fed~rai Highway Adminisiration CFDA #20.205 Not Research and Development ninety {90} days after ~osts are incurred. If the Local Govemment submits invaice~ more than i~inety {~i~) days after tha costs are incurred, and if federal fun~ling is reduced as a result, the State shall have no responsibility to reimburse the ~ocal Government for tha~~ costs. 14. Doc~ument an~ Information Exchange The Lacal Gc~vernment agre~s to eleckronically deliv~r to the State aU general notes, specifications, contra~t provision requir~ments, and related documentation in a MicrflsoftCR~ Ward or similar doeument. If requeste~ by the State, the Local Govemm~nt will use the State's dc~cument template. The Local Gc~vernment sha8 also provide a detailed construction time estimate inc~uding types of ~ctivities and month in the format requir~d by the State, This requirement applies wheth~r the Local C~vemment creates the documents with its own forces ar by hiring a consultant or professional provider. At the request af the State, the ~ocal Govemment shall submit any information ret~uired by the State in ihe format directed by the State. 1~. Incorpora#ion of Master Agreement Provisions This ~PAFA inc:orporates all reievant provisions af the Master Advance Funding Agreement (MAFA} in effect on ~he dat~ of fir~al sxecutian of th3s LPAFA, unless such MAFA provision is spscifically acc~pted in this agreement, Any c~nflict between the terms of the MAFA and this LPAFA shall be gc~verned and cc~ntrolled by this ~PAFA. 16. lnsurance If this Agreement authorizes the l~ocal Governm~nt or its cc~ntractc~r to perform any work on ~tate right of way, befare beginning work the ent~ty perfic~rming the wc~ric shall pravide the State w~th a fully executed copy of the State's Form ~560 Certiiicate of Insurance verifying the exist~nce of coverage in the amounts and types specified on th~ C~rtificate of fnsurance far all pers+~ns and entities working on State right of way. This coverage shall be maintained until all wark Qn the ~tate right of way is camplete. If cc~verage is nt~t maintained, all work on State right of way shall ceas~ immedi~t~ly, and the State may recover damages and ~11 eosts of ~ompleting the work. 17. Debarment Certifi+cation The parties are prohibited fram making any award at any tier to any party that i~ debarred or suspended r~r c~therwise excluded from or ineligible for participation in Federal Assistance Programs under Executive t}rder 12549, "Debarment and Suspensio~," By executing this agreement, the ~ocal Government certifies that it is not cureently debarred, suspended, or otMerwise excluded from c~r ineligible ft~r participation in Federal Assistance Programs under Executive Order 12549 and furkher cert~es that it w~ll not do business with any parky that is currently debarred, suspended, or otherwise excluded fr4m or ineligible far participatian in Federa! Assi~tance Pr+~grams under Executive tJrder ~ 2549. The parties to this contract shall require any party to a subcontract or pur~hase order awarded under this contract tc~ certify its eligibility to receive federal funds and, when requested by the ~tate, to furnish a cc~py of the certi~cation. 18. Cost Principles and Office of Management and Budget {t'~MS} Audit Requirements AFA-LPAFA C7nSys Page 5 of ~ Revised fl3/01/1 ~ EXH I BIT A CSJ #363-01-13fi I7istrict # 02-Fort Worth Code Chart 64 #091UU PTOJBCt; ~K ~~} Federal Highway Administration C~DA #20.205 1'~Tot Researcb and Deve~opment In order to be reimbursed with fec~eral funds, the parties shaU comply with the Gost Principles established in 4MB Circular A-87 that specify that all reimbursed costs are allowabls, reasonable, and allocable to the Praject. 19. Civil Ri~h#s C~rmpliance The Local Government shall comply with the regulatior~s of the Department of Transpo~kation as they relate to nan-d~scrimination ~49 CFR Part 21 and 23 CFR Part 200), and Executive Order 1124~i titled "Equal Employment Opportunity," as amended by F~cecutive tJrder 11375 and supplemented in the Department of ~abor Ftegulations (41 GFFZ Part 6Q). 20. [~isadvantaged Business Enterprise ~DBE) Program F2equirements The parties shall comply with the L7isadvantaged/Mino~ity Business Enterprise Pro~ram requirements established in 49 CFR Part 26. A. Each financial assistance agreement signed by the Local Covemment and a DOT aperating administration ~ar a primary re~ipient) must include the following assurance: The recipient shall nat discriminate on the b~sis af race, color, national origin, or sex in the award and performance of any D4T-assisted cantract or in the administration of its QBE program or the requirsments of 49 CFR part 26. The recipient shall take all necessar}r and reasonable steps ur~der 49 CFR pa~t 26 ta ensure non-discrimination in #he award and administration of QUT-assisted cc~ntracts. The recipient"s DBE pro~ram, as required by 49 CFR pa~t 26 and as approved by D4T, is incotporated by reference in this Agreement. Implementation of this pr~gram is a legal obligation and failure to carry out its terms shall be treated as a vialation af this ~lgreement. llpon natification tc~ the recipient of its failure to carry out its ap~roved program, the Department may impose sanctit~ns as provid~d for und~r part 26 and m~y, in appropriate cases, refer the matter for enfaresment under 18 U.S.G. 1001 andlor the Program Fraud Civil Remedies Act of 1986 {31 U.S.G. 38Q1 et seq.}. B. Each contract the l.ocal Government signs with a cantractor {and each subcc~ntract the prime contractor signs with a sub-cantractor} must include the folle-wing assurance: The contractor, sub-recipient or sub-can~ractor shafl not discriminat~ on the basis of race, colar, na~ional origin, or sex in the performance of this contract. The cantractor shaH carry aut appl'rcable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contract~. Failure by the contra~tor to carry aut these requir~ments is a material breach c~f this contract, which may result in the term~nation c~f this contr~ct or such other remedy as the recipient deems appropriate. 2'1. Federal Funding Accauntability and Transparency A~t Requirements A. Any recipient or sub-recipient of funds under this Agreernent agrees to comply witF~ the Federal Funding Account~bility and Transparency Act {FFATA) and implementir~g regulatians at 2 CFR Part 170, including Appendix A. This Agre~ment is subject to the fc~llowing award terms: http:l/edock~t.access.qpo.~ov/2Q'141~df12010-22705.t~df and htt :/ledocket.access. o. c~v120'10/ df120'10-22706. df E3. sub-awards greater than $25,00t3, the Local Government, as a recipient of federal funding, AFA-LPAFA_t~nSys Page 6 of 8 Revised 03/01/1 ~ EXHIBIT A CSJ#363-01-136 District # 02-Fort Worth Code Chart 64 #09100 Prc~ject: SH 26 Federal Highway Adzninistration C~L}A #20,205 . Not Research and Development ac~rees that it shali; 1. C}btain and provide to the State and theFfederal government, a Central Contracting Registry {CCR} numb~r with the Federal government (Federal Acquisition Regulation, Part 4, Sub-part 4.11t10). The CCR number may be obtained by visiting the CGR web ~ite whose address is: http~;llv~rww.b~n.c~QVlccr/default.aspx ; 2. Obtain and provide tc~ the State and the fed~ral gc~vernment, a Data Universal Numbering System or DUNS number, a unique r~ir~e-~hacacter number that alfows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge fc~r all businesses and entiti~s required to do so by visitir~g the Dun 8~ Bradstreet {D&B} an-line registration website htt~:llfedaov.dnb.cc;~mlwebfc~rm; and 3. Report the total compensatian and names of its top executives to the State and federal government if: (i.} more than 8fl°lo of annuai grass revenues are from the Federal govemment, and those revenues are greater than $25,00O,OOQ annually; and {ii.} Compensatior~ informatic~n is not already available through reporting to the U.S. Securities and Exchange Cc~mmissiQn {SEC}. 22. Single Audit Report A. The Local Government is required to comply with federal {C~MB A-133} andlor state {State of Texas Single Audit Circtalar) requirements. B. If threshold expenditures of $500,Q00 ar more are met during the Local Government's fsc~l year ending, the Local Government must submit a~ingle Audit Report and Management ~etter (if applicable) to TxDOT"s Audit Office, 125 East Eleventh Street, Au~tin, TX 78~01 or via e-mail to Virqie.Rc~dri uq ezCa~TxDOT.qov C. If expenditure~ are less than $~00,000 during the Loca~ Gavernment's fiscal year ending, the ~o~al Government must submit a statement toTxDC?T's Audit (7ffice as foNows: "We did not m~et the $500,000 expenditure threshold and ther~fore, are not required to have a single audit perFarmed for FY " 2~. Signatory Warranty The s~ignatories ta this agreem~nt warrant that ea~h has the authority to enter intt~ this Agreement on behalf of the party represented. 24. Special Provisians IN TESTIMUN'Y HEREUF, the parties hereto have caused these presents to be exe~uted in duplicate counterparts. AFA-LPAFR OnSys Page 7 of 8 Revised (}3101/11 EXH I BIT A CS1 #363-U1-136 District # 02-Fort Worth Code Chart 64 #Q9100 Project: SH 26 Federal Highway Adtninistration CFDA #20.205 Not Research and Deve~opment THE LC?CAL G{7VERNMENT By: (Signatur~) Printed Nam~ Titie: Date THE STATE C}F TEXAS Executed for the E~cscutive Dirsctor and approved far the Tex~s 7ransporkatic~n Commission for the purpose and ~ffect of activating andlor carrying out the orders, establ'rshed policies or work programs heretQfore appr~oved and authorized by the Texas Transportation Commission. By: Date: Janice Mullenix D'rrector of Contract Services Texas Department of Transportation AFA-LPAFA OnSys Page 8 of 8 Revised 03/O~J1~ EXH I BIT A CSJ #363-Q1-136 District # 02-Fart Worth C4de Chart 64 #09100 Project: SH 26 Federal Highway Administration CF'DA #20.205 Not Research and Development ATT~CHMENT A RESOL[lTION OF ~~CA~ GOVEF2NMENT APPROVING THIS ~PAFA SEE ATTACHED AFA-LP~FA_OnSys Page 1 of 1 Revised 10i1111t} Attachm~nt A EXHIBIT A CSJ #363-01-136 District # 02-Fort Wr~rth Cc~de Chart 64 #091t~0 Project: SH 26 Federal Highway Administratian CFDA #20.205 I~Tot Research and Develaprn~nt ~-TTACHMENT B PRQJECT ~t)CATIt~N MAP SEE ATTACHED AFA-~PAFA_Q~nSys Page 1 of 1 Revised 10/11/~Q Attachment B EXHIBIT A CSJ #363-01-13~i District # 02-~'art Worth Code Chart 64 #0910(1 Project: SH 26 F'ed~ral Highway Administration C~T}A #20.205 Not Research and Develapment ATTACHMENT C BUdGET E~TIMATE AND SCIURCE OF F~INDS tJn-System Standard AFA 5tate Performs Work +Cost S lit TQtal Estimated ~~~~~~ State Loca~ es+~ription Co Partici atic~n Partici ation Parti~i ation st °lo- Cost °lo Cost °fa Cost ngineering $0 0°l0 $0 0°l0 $0 0°l0 $0 State c~t~sstruction-Cat 10 $1,045,000 $0°l0 $~0$,000 20°!0 $201,Ot30 ~ 0°10 $0 State anstructivn - Fixed $5,fl'T0,000 0°l0 $0 0°l0 $0 100°!0 $S,0'10,000 Loca1 Subtotal $6,075,U00 0% $$04,000 Q°to ~201,000 0°la $5,070,OQ0 ngineeriz~g Phatse Direct State Gosts $0 0°la $0 0°l0 $0 0°l0 $0 anstruction Phase Direct State $gga,875 U°!o $0 100°l0 $880,8'75 Q°1o $~ osts 14.5°l0 ndirect State Costs ~?a, 6.20°l0 $314,340 0°l0 $0 100°Jo $314,340 0°Ia $0 QTAL ~?,274,215 {~°lo $$04,{}Ofl 0% $1,39b,215 0% $5,070,000 Local funds are fixed Tota1 Payment by Local Gc~verr~nent ta State $5,07Q,QQ4.00 AFA-LPAFA_QnSys Page ~ of 1 Revised 10111I10 Attachment C R:~'~',5:..+~~~ J~ p ~~ ~~ f~~ I~6q~ ~mm ~ , City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 05/17/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports - May 17, 2011 Attachments: Zoning Board of Adjustment Minutes - January 11, 2011 • Architectural Review Commission Minutes - March 29, 2011 • Sign Board of Appeals Minutes - April 12, 2011 • Planning and Zoning Commission Minutes - April 25, 2011 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/17/2011 City Council Title Zoning Board of Adjustment Minutes - January 11, 2011 Architectural Review Commission Minutes - March 29, 2011 Sign Board of Appeals Minutes - April 12, 2011 Planning and Zoning Commission Minutes - April 25, 2011 City of Colleyville Page 1 Printed on 5/13/2011 { "' , City of Colleyville r ; ~~ ~ ~ ~~~'~ ~ Minutes - Final . , ~fi'ir'.r,r. Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 11, 2011 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on January 11, 2011 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Ed Moore, Dee McNosky, and John Okray (Alternate 2) Absent: Board members Jim Gotcher, Tracy Doyle and Eric Hulet (Alternate 1) Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member McNosky moved to approve the December 8, 2010 meeting minutes as written. Board member Moore seconded. The motion carried by the following vote: Aye: 4- Reynolds, Moore, McNosky, Okray, Alt. 2 Absent: 3- Gotcher, Doyle, Hulet, Alt. 1 5. SWEARING IN OF RE-APPOINTED AND NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to Skip Reynolds, Place 2. 6. PUBLIC HEARING AGENDA ITEMS 6a Case VC10-007 - PUBLIC HEARING - Request for a variance to the landscaping regulations of Chapter 4 of the Land Development Code on Lot 1 R, Block 1, Metroplex Covenant at 5008 Roberts Road. Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:11 p.m. Ricky Texada, applicant and representative for the Covenant Church , came forward to present the case and brief the Board members. City of Colleyville Page 1 Printed on 5/11/2011 Zoning Board of Adjustment Minutes - Final January 11, 2011 Karen Puklicz, 5105 Auburndale, spoke in favor of the variance request. She further stated that if the church expands, she would like for the church to follow the code. Board member Reynolds questioned cost for cutting the concrete. Mr. time, possibly $35,000 to $60,000. Mr. Texada regarding what is the Texada replied not knowing at this Board member Reynolds commended the church for being good neighbors. Board member Moore questioned staff regarding if this request is not approved, what would be the impact other than not bringing up to code. Ron Ruthven replied if this case is denied, the applicant will be required to bring the property up to code to create the required five foot buffer. Board member Moore questioned staff regarding if there is a fence. Ron Ruthven replied yes, the only buffer issue is creating the landscape buffering. He further stated the variance request would be for the five foot bufer and for planting of the shrubs which could create a traffic hazard. Board member Okray questioned staff regarding if the church would loose any parking spaces. Ron Ruthven replied the parking space to the north would be the only one lost. Board member Reynolds questioned staff regarding if the variance is approved, that will not cause any safety issues. Ron Ruthven replied correct. Board member McNosky stated understanding the landscaping buffering codes, however, she stated that there is already a buffer with the 8 foot fence and the neighbors are content with the buffering that is currently in place. She stated not having a fear with not following through with the spirit of the ordinance. Board member Moore questioned Mr. Texada regarding if future expansion will take care of the landscaping issue, will it be upgraded at that time? Mr. Texada replied yes. Board member Moore questioned staff if there could be a condition added that if any expansion occurred then the church will bring the landscaping into compliance. Ron Ruthven agreed. Chairman McNosky stated the landscaping issue will be corrected when the church does the future expansion and further stated that the City of Colleyville page 2 Printed on 5/11/2011 Zoning Board of Adjustment Minutes - Final January 11, 2011 neighbors are in agreement with these plans. Board member Reynolds stated if the Board denies this request, the church will have to come forward in the future. There being no one wishing to speak, the public hearing was closed at 7:24. Board member Reynolds moved to approve case VC10-007. Board member Moore made a friendly amendment for the condition to be placed in the motion that the church will have to bring the landscaping into compliance. Chairman McNosky seconded and that the church will follow the code that is in place at the time of construction. Board member Reynolds accepted the friendly amendment. The motion failed by the following vote: Aye: 3- Reynolds, Moore, McNosky Nay: 1- Okray, Alt. 2 Absent: 3- Gotcher, Doyle, Hulet, Alt. 1 7. ADJOURNMENT The meeting adjourned at 7:26 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 7, 2011 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on May 10, 2011. City of Colleyville Page 3 Printed on 5/11/2011 City of Colleyville Architectural Review Commission Minutes from Meeting Tuesday, March 29, 2011 Call to order (7:05 p.m.) Present: Alan Greer Jeffrey Ground Christina Keilson Kevin Procaccino Curtis Young Gerald Ward Jim Makens Staff.~ Marty Wieder, Ron Ruthven, Jackie Reyff, Ashley Stathatos II. Review and Approval of Minutes of March 07, 2011 Meeting Commissioners reviewed the Minutes of the March 7, 2011 ARC Meeting. Following a motion by Kevin Procaccino and a second by Jeffrey Ground, commissioners voted unanimously to approve the minutes of the March 7, 2011, meeting as submitted by staff. III. Discussion and Consideration of Proposed Rules of Procedure Commission members discussed the term lengths, since some of the Commission members have been granted one year appointments and other members of the Commission were given two year appointments. Staff explained that this was done so Commissioners would have staggered terms. Since the positions are staggered now, all future appointments will be to two year terms. There is no limit on the number of terms a Commissioner may serve. If a Commissioner resigns before their term is up, then City Council will appoint someone to fill the length of the existing term. Commissioners also discussed information on what constitutes a quorum. Staff confirmed that any recommendation by the Architectural Review Commission requires a majority of the Commission members present at a meeting. Having no further questions, Commissioner Curtis Young made a motion to approve the Rules of Procedure, Commissioner Gerald Ward seconded and Commissioners unanimously approved the Rules of Procedure. IV. Discussion and Consideration of Draft Criteria to Use in Judging Matching Grant Applications Staff explained that two Commissioners submitted specific ideas for inclusion within the Criteria for evaluating Matching Grant Program applications. Chairman Greer pointed out that the resulting draft criteria submitted to Commissioners for discussion is a tiered approval process based the extent to which applicant projects are consistent with the City Council's Strategic Points. In considering the tiered structure, Commissioners identified issues that need to be determined priorto reviewing grant applications including the applicability of a point system for both new and existing buildings, how to handle a project that meets the point score but is not what Colleyville wants and how to handle a project that does not meet the point score but is what Colleyville wants, as well as how to determine what amount each project should be awarded. The Commission also discussed the pros and cons of evaluating the projects both objectively and subjectively. Commissioner Young noted his concern that an applicant may end up with a score that is high enough to warrant automatic approval-and that the Commission might have to recommend approval regardless of its attraction and fit for Colleyville. He pointed out how the Council appointed each of them because of their expertise in this field and noted that's what the Commission should seek to do. After discussing the tiers, how to score buildings and what criteria should be used in evaluating the grant applications, Mr. Ward recommended that they get rid of the tiers and use a general evaluation on aesthetics. The Commission concurred not to have tiers. All grant applications would have to meet the required building design score and also be evaluated by Commissioners on the seven items described in the attached, revised draft Criteria. Staff was directed to have a draft of the Criteria for Evaluation of Grant Applications and an application for incoming projects at the next meeting. V. Reminder of Joint Meeting with Council & P&Z on April 6, 2011 and of the next Commission meeting on April 20, 2011 Staff reminded Commissioners that the joint meeting with City Council and P&Z Commissioners will be held at 6 p.m. in the Central Fire Station on April 6, 2011. Staff also told Commissioners that the next ARC meeting would take place in the City Hall Executive Conference Room at 7 p.m. on April 20, 2011. Having no further business, the Commissioners adjourned the meeting at 8:30 p.m { N, , ~` : ~~~„ ~ ~.,,~A~~~ ~. . , ~fi'ir'.r,r. Tuesday, April 12, 2011 7:00 PM City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers 1. CALL TO ORDER The Sign Board of Appeals meeting of the City of Colleyville was called to order by Chairman McNosky on April 12, 2011 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Ed Moore, Tracy Doyle, Dee McNosky and John Okray (Alternate 2) Absent: Board members Skip Reynolds and Eric Hulet (Alternate 1) Staff Present: Jackie Reyff, Amy Shelley and Ron Ruthven 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member poyle moved to the February 8, 2011 meeting minutes as written. Board member Moore seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2 Absent: 2- Reynolds, Hulet, Alt. 1 5. PUBLIC HEARING AGENDA ITEMS 5a Case SC10-009 - PUBLIC HEARING - Request for a variance from the sign regulations for a monument sign on Lot 8R2, Block 1 of the Heritage Office Parc Addition located at 5213 Heritage Avenue Jackie Reyff presented the case and briefed the Board members. Paul Moss, the applicant, came forward to present the case and brief the Board members. Chairman McNosky opened the public hearing at 7:07 p.m. Board member Moore questioned Mr. Moss regarding if there will be additional buildings on the property. Mr. Moss replied yes and that each business is allowed to put a wall plaque but nothing along Heritage City of Colleyville Minutes - Final Sign Board of Appeals City of Colleyville Page 1 Printed on 5/11/2011 Sign Board ofAppeals Minutes - Final April 12, 2011 Avenue as they have requested. Board member Moore questioned Mr. Moss regarding if each business has its own lobby. Mr. Moss replied no. Board member Moore questioned Mr. Moss regarding if the businesses will have a sign on their door. Mr. Moss stated yes, but that the tenants are requesting having advertisement on Heritage Avenue. Chairman McNosky questioned Mr. Moss regarding if the current monument sign has the names of all of the new businesses. Mr. Moss stated all of the tenants are not located on the sign, because there is no room. Chairman McNosky questioned Mr. Moss if there will be any duplication on the sign. Mr. Moss replied no. Board member Moore stated there are four spaces on the current monument sign that are vacant. Mr. Moss replied yes, and stated a new dentist is coming into this complex and will be using four of the face plates on the current monument sign. He is relocating from Bedford to Colleyville. Board member Moore questioned Mr. Moss regarding how many tenants could there be in this complex. Mr. Moss replied there can be a maximum of 18 tenants with the five buildings. Board member Okray questioned Mr. Moss regarding if there was a variance applied for regarding the setback on the current monument sign. Mr. Moss stated the setback is 30 feet and he did receive a variance for the setback of the existing monument sign. Discussion occurred between Board member Moore, Mr. Moss and staff regarding the dentist office and the city's pursuit of new businesses. Chairman McNosky stated there are enough clients, even without the dentist, that will limit the space on the sign. She further stated that this signage is not sufficient for all of the proposed tenants. She stated as being a resident in Colleyville, it is important to be able to find these businesses. Board member Okray questioned Mr. Moss regarding what is going to take place when other tenants want the same amount of signage as the new dentist. Mr. Moss stated the tenants have accepted the amount of sign that they are given. He stated there is not enough room to put in more monument signs and make it work. Discussion occurred between staff, Board member Moore and Mr. Moss City of Colleyville page 2 Printed on 5/11/2011 Sign Board ofAppeals Minutes - Final April 12, 2011 regarding the placement of the proposed monument sign and the location of the existing monument sign. Board member Gotcher stated there is another monument sign across from the existing monument sign. Mr. Moss stated the sign mentioned by Board member Gotcher is not located on the subject property. Ron Ruthven explained to the Board members the replat and boundary separation between the two properties and the history of the placement of the existing monument sign. Board member Gotcher questioned staff regarding what is the maximum amount of square footage allowed on a monument sign. Ron Ruthven replied the maximum allowed is 112 square feet with a maximum height of eight feet. Chairman McNosky stated the applicant could expand the existing monument sign and still meet the sign code requirements but that it may encroach the drainage easement. Ron Ruthven concurred. Mr. Moss stated the existing sign was constructed as the sign code required about two years ago. He stated that if he could expand his existing sign then he would not have to build an additional monument sign. Board member Okray questioned Mr. Moss regarding if the other monument sign, across the way, services the subject proeprty. Mr. Moss replied no. Ron Ruthven explained to the Board members that a variance could be given to the sign code regarding that the existing monument sign could be expanded to 112 square feet to advertise businesses that are not on the same property. Board member Moore questioned Mr. Moss regarding when would construction begin on the sign. Mr. Moss replied within two weeks. There being no one wishing to speak, the public hearing was closed at 7:34 p.m. Board member Gotcher moved to deny the request as written, variance to setback and an additional monument sign but moved to approve case SC10-009 with the conditions that an additional sign is not allowed but that the applicant can expand the existing monument sign as long as the sign meets the sign code. Board member poyle seconded. City of Colleyville Page 3 Printed on 5/11/2011 Sign Board ofAppeals Minutes - Final April 12, 2011 The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2 Absent: 2- Reynolds, Hulet, Alt. 1 5b Case SC11-002 - PUBLIC HEARING - Request for a variance from the sign regulations for a development sign on Tract 1 E, Abstract 1182 of the WC Newton Survey located at 8000 Precinct Line Road Jackie Reyff presented the case and briefed the Board members. Douglas Skomer, the applicant, came forward to present the case and brief the Board members. Chairman McNosky opened the public hearing at 7:40 p.m. Chairman McNosky questioned Mr. Skomer regarding if this will be a temporary sign. Mr. Skomer relied yes. He further explained the Lavaca Trail development. Board member Okray questioned Mr. Skomer regarding what is the setback from the street for this sign. Mr. Skomer replied between 30 and 40 feet from the street. Board member Okray questioned Mr. Skomer regarding how far would this sign be from the actual property. Mr. Skomer used the exhibits provided to explain the distance. He stated not being sure about the exact distance. Chairman McNosky questioned Mr. Skomer regarding if there will be any upkeep on the sign. Mr. Skomer replied they will be responsible for the upkeep of the sign. He stated they designed the sign so that it is not going to be an "eye sore". Board member Gotcher questioned staff regarding the total square footage of the sign. Mr. Skomer replied the sign code allows an 8 x 10 sign. He stated the amount of signage is 64 square feet but it is off the ground by two feet. Board member Gotcher stated he recalled the last variance request which was similar to this request. He further stated that he does not see a hardship with this request. Board member Gotcher questioned Mr. Skomer regarding what is the hardship with this request? Mr. Skomer replied the weekend builder signs are too small to be seen while driving down Precinct Line Road. He stated the yard signs are 2 x 2 which tend to be missed. He stated City of Colleyville Page 4 Printed on 5/11/2011 Sign Board ofAppeals Minutes - Final April 12, 2011 this sign is designed to be attractive. Chairman McNosky stated the City Council overturned the negative vote for the previous request made by Toll Brothers. Board member Okray stated if the ordinance is not working then it should be changed, however, this is not in the spirit of the code and if City Council wants to change it, then they have the ability to do so. Chairman McNosky concurred. There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Board member Gotcher moved to deny case SC11-002. Board member Okray seconded. The motion to deny carried by the following vote: Aye: 4- Gotcher, Doyle, McNosky, John Okray, Alt. 2 Nay: 1 - Moore Absent: 2- Reynolds, Hulet, Alt. 1 6. ADJOURNMENT The meeting adjourned at 7:47 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 8, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on May 10, 2011. City of Colleyville Page 5 Printed on 5/11/2011 { "' , City of Colleyville r ; ~~ ~ ~ ~~~'~ ~ Minutes - Final . , ~fi'ir'.r,r. Planning and Zoning Commission Monday, April 25, 2011 6:15 PM City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 25, 2011 at 7:03 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner pon Davis Staff Present: Ron Ruthven, Jackie Reyff, Steve Dye, Jeremy Hutt, Rob McKeown, Marty Wieder and Amy Shelley Councilmember Present: Carol Wollin 3. INVOCATION The invocation was given by Commissioner Knox. 4 PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the March 28, 2011 meeting City of Colleyville Page 1 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 minutes with minor grammar corrections. seconded. The motion carried by the following vote: Commissioner Knox Aye: 6- Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 - Davis 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request for a minor plat on 0.6 acres on Tract 3BB, Abstract 1038 of the Hall Medlin Survey located at 7408 Jo Will Street, Case PC11-004 Ron Ruthven presented the case and briefed the Commissioners. Roger Hart, the applicant, came forward to present the case and brief the Commissioners. Commissioner Rotthaus moved to approve case Commissioner Byerly seconded. The motion carried by the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 - Davis PC 11-004 . City of Colleyville page 2 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 8. PUBLIC HEARING AGENDA ITEMS $a Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-006 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak stated the section of the Land Development Code regarding the use of the parking spaces at the gas pumps. He stated it clearly states that those parking spaces are for the convenience store use. Commissioner Byerly opened the public hearing at 7:10 p.m. Atef Henary, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak stated having an issue with using the parking spaces at the gas pumps for the package store use. He questioned Mr. Henary regarding how the parking would be addressed if the parking spaces at the gas pumps are not counted towards this use. Mr. Henary stated customers are parking, getting gas and coming into the store to buy other items. He stated they are al ready using those spaces for parking. Commissioner Dudziak stated that another business is being created on this property. He stated those customers are not going to be able to pay for their gas inside the package store. Mr. Henary stated most of the customers pay for their gas at the pumps and then leave. He further stated that he has nine more parking spaces than wha t the code requires. Commissioner Byerly questioned Mr. Henary regarding what has changed on this submittal from the previous submittal. Mr. Henary stated the City Council denied the request based on traffic and second, a year ago, no one knew anything about package stores, about crime and traffic. He stated that since some have opened the City can make a decision based on the facts of stores that have already opened. Commissioner Byerly questioned Mr. Henary regarding if he has talked with the neighbor to get a shared parking agreement. Mr. Henary stated he has talked with him and that there are some things that he has to work out with his bank regarding the loan and he stated that if he were to sell the business, he does not know how the parking agreement would work with the new owners. City of Colleyville Page 3 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 Commissioner Rotthaus questioned Mr. Henary regarding where are the deliveries going to be made after construction. Mr. Henary replied at the back of the store, as they are done now. Commissioner Rotthaus stated he thought some of the deliveries are made in the front of the store. Mr. Henary stated sometimes, but most of the time they are done in the back of the store. He stated they are allowed to have deliveries in the alley. Discussion occurred between Commissioner Phelps and Mr. Henary regarding the number of parking spaces. Commissioner Phelps stated being concerned with using the parking at the pumps toward the package store use. He stated, at times, the moving around, the flow of the traffic, of the business is sometimes hard. Mr. Henary stated if the parking at the pumps is eliminated, then there is still parking that meets the code. Mr. Henary stated he does not feel that he will be as busy as Goody Goody or Bear Creek. He stated his customers have asked for liquor sales. He further stated that he will be closing two businesses to open up the package store use. He stated the other two businesses are causing him to lose money. He stated he is not going to be carrying all of the varieties that other liquor stores will be carrying. He stated he just wants to expand his sales. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Discussion occurred between staff and Commissioner Phelps regarding the number of parking spaces on the exhibit compared to the number of parking spaces mentioned in the briefing. Ron Ruthven stated there are 31 parking spaces on the site plan. Commissioner Phelps stated they are three spaces short. Ron Ruthven concurred. Commissioner Dudziak questioned staff regarding if there is enough space between the canopy and the parking spaces along Brown Trail for a 24 foot fire lane. Fire Marshal Rob McKeown replied the fire lane is marked at the rear of the property. He stated there is sufficient room to operate emergency vehicles and the fire lane does meet the fire code. Commissioner Rotthaus questioned Rob McKeown regarding the parking of delivery trucks in the alley. Rob McKeown replied the law allows for the delivery trucks to be parked there when they are actively loading and unloading. He stated it becomes an issue if they are just parked there and not doing anything. Commissioner Rotthaus stated having concerns for customers parking at City of Colleyville Page 4 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 the gas pumps and creating issues with traffic flow for customers waiting to get gas. He stated this facility is hard to get around even when it is not busy. He stated if there are no parking spaces up front, the customers will park wherever they can. Commissioner Phelps stated he would like to see more parking and the flow with traffic. However, the applicant currently meets the code, even without the parking spaces at the gas pumps. He stated the supply and demand part of the operation will dictate where the consumer shops. He stated having an issue with the parking but further stating that he does support the applicant and his business. Commissioner Wheelwright stated the applicant is closing two businesses and opening a new business. He stated he feels the parking is sufficient. Commissioner Dudziak questioned Mr. Henary regarding if there is any way to reconfigure the parking to be able to find additional parking spaces within the subject property . Mr. Henary replied he would have to get with his architect to try and figure it out. He stated if he took off some of the package store squa re footage on the back to make more parking spaces. He further stated that the customers are going to park at the gas pumps. Commissioner Byerly stated he would like to see some of the parking moved off this site. He further stated he would like to see a formalized parking agreement with the adjacent business. Mr. Henary stated customers will park in those spaces regardless. He stated customers park at the gas pumps and go to the dry cleaners. Commissioner Dudziak concurred with Commissioner Byerly and stated parking spaces could be on site or off site. Mr. Henary stated he would prefer to work with his subject property and not have to work with an agreement with the adjacent neighbor. Commissioner Dudziak agreed. Commissioner Phelps concurred and stated that the parking in the back could be for the employees and still meet the code. Commissioner Phelps moved to continue case ZC11-006 to the May 9, 2011 meeting. Commissioner Dudziak seconded. The motion to continue this item on the May 9, 2011 meeting carried by the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 - Davis City of Colleyville Page 5 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 $b Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC 11-007 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the property to the north has a stub out even though there is no formal agreement in place for the subject property. Ron Ruthven concurred and further stated that there may be an agreement made by separate instrument. Commissioner Phelps questioned staff regarding if the mutual access would continue to the properties to the south. Ron Ruthven concurred. Commissioner Byerly opened the public hearing at 7:51 p.m. Mark Stacy, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Stacy regarding if a mutual access agreement has been submitted to staff. Mr. Stacy replied the documents have been signed and notarized with the property to the north. Ron Ruthven concurred and stated those agreements would be done through a separate instrument but have not received a completed document. Mr. Stacy stated upon the sale of the property, all necessary documents will be submitted. Commissioner Dudziak questioned Mr. Stacy regarding why not have access from Precinct Line Road? Mr. Stacy stated they do not meet TxDot's requirements for a driveway cut. He stated once the property to the south is sold, they will have access from Precinct Line Road and this subject property would have mutual access and then would have access from Precinct Line Road. There being no one wishing to speak, the public hearing was closed at 7:53 p.m. Commissioner Knox questioned staff regarding if this were to be approved tonight, would they have to plat this property with mutual access prior to the issuance of a building permit. Ron Ruthven concurred. Commissioner Dudziak stated he would like to see if some of these agreements are actually in place before making a decision tonight. City of Colleyville Page 6 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 Commissioner Byerly stated there are contingencies in place and the proposed ordinance has the requirement for the mutual access. He stated he believes the applicant will have these in place. He stated the stub outs have already been planned for with the north property. He further stated the applicant cannot get a permit without them. Commissioner Dudziak stated the Commissioners are supposed to see everything prior to approving anything. Commissioner Byerly moved to approve case ZC11-007. Commissioner Phelps seconded with a friendly amendment stating wanting to see the actual stub outs to the south amended on the exhibits. Ron Ruthven stated when the plat comes through; the stub outs will be required to the property to the south. Those will be put on the building permit exhibits. Commissioner Byerly stated those requirements are in the proposed ordinance. Commissioner Phelps stated he would like to see those on the diagrams. City Attorney Matthew Boyle stated Section 4c of the proposed ordinance states that the mutual access easements are a requirement of the platting process. Commissioner Wheelwright questioned staff if the easements will be required to go the property to the south. Ron Ruthven concurred. Commissioner Phelps questioned staff regarding if this stub out will be mirrored to the south. Ron Ruthven stated that without knowing the development of the property to the south, the Land Development Code requires access but does not specify the design. Commissioner Dudziak questioned Mr. Stacy regarding if distribution will be on this property. Mr. Stacy stated at this time there are no plans for a distributorship at this location at this time. Commissioner Dudziak questioned Mr. Stacy regarding if he has met with the police department regarding their requirements. Mr. Stacy replied they meet and exceed those requirements. Mr. Stacy stated they are preparing for access to the south property but that they have to own the property before they can get the access. The motion carried by the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 - Davis City of Colleyville page 7 Printed on 5/10/2011 Planning and Zoning Commission Minutes - Final April 25, 2011 9. ADJOURNMENT The meeting adjourned at 8:03 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 21, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on May 9, 2011. City of Colleyville page g Printed on 5/10/2011 RESOLUTION R-11-3363 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 17, 2011 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and nototherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BYA VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor