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Home My WebLink AboutCity Council-Agenda Packets-1/4/2011City of Colleyville Agenda Clt~/ COUf1Cll City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 4, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the establishment of an Architectural Review Commission Attachments: PC-1.pdf PC-2 Discussion of the January 4, 2011 City Council meeting regular agenda items Attachments: PC-2.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 Section 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville 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 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 551.076 - Deliberate security personnel, devices and audit City of Colleyville Page 1 Printed on 12/30/2010 City Council Agenda January 4, 2011 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 INVOCATION: Pastor Drew Sherman, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3306 Attachments: Resolution R-11-3306 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of board, commission and committee members for years of service Proclamation in recognition of Kristi Isbell, City of Colleyville Employee of the Year - Mayor David Kelly Proclamation in recognition of the Colleyville Garden Club 50th Anniversary - Carol Wollin and Barbara Nuss, Co-chairs, Colleyville Garden Club 50th Anniversary Attachments: 3- Announcements and Presentations.pdf Proclamation in recognition of Kristi Isbell, 2010 Employee of the Year.pdf Proclamation in recognition of the Colleyville Garden Club 50th Anniversary City of Colleyville Page 2 Printed on 12/30/2010 City Council Agenda January 4, 2011 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3307 4a Approval of the minutes of the regular City Council meeting of December 14, 2010 Attachments: Resolution R-11-3307 City Council Minutes - December 14, 2010.pdf 4b Approval to extend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) Consortium, and the City of Arlington, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and extending the contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000 Attachments: 4b Briefing.pdf Interlocal Agreement - Bedford, Colleyville, Euless, Grapevine, Keller, and Southlake (Northeast Tarrant County Radio Consortium - NETCO) and City Of Arlington, Texas 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-11-1788 Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741 and Sections 3A and 3B of the Water and Sewer Policy and Procedure Manual of the City of Colleyville by increasing the minimum water bill and the minimum sewer bill to incorporate Trinity River Authority (TRA) rate increases on the first 2,000 gallons of water usage included in the minimum water bill and the first 2,000 gallons of sewer usage included in the minimum sewer bill and providing for future TRA rate increases to be passed through on the water and sewer minimum bill usage Attachments: 5a Briefing.pdf FY 2011-2015 Utility Rate Plan - Without TRA Rate Increase Pass Through - Exhibit A.pdf FY 2011-2015 Plan - Pass Through of TRA Rate Increases Including Minimum Bill Gallons - Exhibit B.pdf Ordinance 0-89-741.pdf Water and sewer rate comparison of surrounding cities.pdf Ordinance 0-11-1788.pdf City of Colleyville Page 3 Printed on 12/30/2010 City Council Agenda January 4, 2011 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3308 Approval to amend and replace Resolution R-09-3183, adopting Rules of Procedure related to Section VIII, Memorials, pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date Attachments: 6a Briefing.pdf Colleyville Fire Department Standard Operating Procedures - Funeral and Memorial Service Participation Colleyville Police Department - General Orders Manual - 323.00 Funeral and Memorial Service Participation Resolution R-11-3308.pdf 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Parks and Recreation Advisory Board Minutes - May 3, 2010 Zoning Board of Adjustment Minutes - June 8, 2010 Sign Board of Appeals Minutes - September 14, 2010 Senior Center Advisory Committee Minutes - September 16, 2010 Library Board Minutes - October 11, 2010 Attachments: 8 - Reports.pdf Parks and Recreation Advisory Board Minutes - May 3, 2010 Zoning Board of Adjustment Minutes June 8, 2010 Sign Board of Appeals Minutes - September 14, 2010 Senior Center Advisory Committee Minutes - September 16, 2010 Library Board Minutes - October 11, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 4, 2011- Reading and Public Hearing - Resolution R-11-3309 Attachments: Resolution R-11-3309 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday , December 30, 2010, by 5:00 p.m. City of Colleyville Page 4 Printed on 12/30/2010 City Council Agenda January 4, 2011 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 5 Printed on 12/30/2010 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: 01/04/2011 Controlling Body: City Council Requester: Economic Agenda No.: PC-1 Final Action: Development Department File Name: Discussion of the establishment of an Architectural Review Commission Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/04/2011 City Council Title Discussion of the establishment of an Architectural Review Commission Explanation City Council adopted a new set of Economic Development Incentive Guidelines and Criteria on November 3, 2010. Included within was a new matching grant program and the provision that all applications related to facade improvements or pole signage removal and replacement be reviewed by an Architectural Review Commission. Colleyville has numerous residents who are architectural or engineering design professionals or who work in commercial development-related fields. These individuals deal with design specific issues on a daily basis and have the expertise to benefit the City's future development and redevelopment. Staff has spoken to several of these professionals , and they are enthusiastic about possible service to the community. Moreover, the creation of an Architectural Review Commission would further engage the Collleyville community in the City's economic development efforts, helping ensure even greater resident involvement in these activities. A new Commission would also offer Colleyville a way to vet other related issues, such as the ongoing review of the City's Commercial Design Standards or the possibility of an Overlay District within the core of the Colleyville Boulevard corridor. If City Council agrees with the concept of creating this new Commission, staff will return with a resolution for consideration at the meeting on January 18, 2011. City of Colleyville Page 1 Printed on 12/30/2010 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: 01/04/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Secretary File Name: Discussion of the January 4, 2011 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/04/2011 City Council Title Discussion of the January 4, 2011 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 12/30/2010 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: 01/04/2011 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session - Legal - January 4, 2011 Attachments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/04/2011 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 - Rischon Development Corporation v. City of Colleyville 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 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 551.076 - Deliberate security personnel, devices and audit 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 12/30/2010 RESOLUTION R-11-3306 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 4, 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 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 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 01/04/2011 Requester: Office of the City Agenda No.: 3 Secretary File Name: Announcements and Presentations - January 4, 2011 Controlling Body: City Council Final Action: Attachments: In Recognition of Board, Commission and Committee Members For Years of Service.pdf • Proclamation in recognition of Kristi Isbell, 2010 Employee of the Year.pdf • Proclamation in recognition of the Colleyville Garden Club 50th Anniversary History of Legislative File Version: Date: Acting Body: Action Text: 1 01/04/2011 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of board, commission and committee members for years of service Proclamation in recognition of Kristi Isbell, City of Colleyville Employee of the Year - Mayor David Kelly Proclamation in recognition of the Colleyville Garden Club 50th Anniversary - Carol Wollin and Barbara Nuss, Co-chairs, Colleyville Garden Club 50th Anniversary City of Colleyville Page 1 Printed on 12/30/2010 In Recognition of Board, Commission and Committee Members For Years of Service Colleyville Center Advisory Committee Jan Fisher December 2008 - 2010 Colleyville Events Steering Committee Becky Cast March 2009 - December 2010 Michael Coop March 2009 - December 2010 Judy Myre March 2009 - December 2010 Colleyville Trails and Sidewalks Committee Odilon Alvarado March 2007 - December 2010 Rick Geisler March 2007 - December 2010 Frank Zarsk March 2007 - December 2010 Parks and Recreation Advisory Board Vince Rosen December 2002 - December 2010 Steve Dalri December 2004 - December 2010 SH26 Advisory Committee Joyce Hammill December 2004 - December 2010 Rick Paddock December 2008 - December 2010 John Vinings March 2009 - December 2010 M~ Colleyville, - b Texas WHEREAS: Kristi Isbeil, Library Assistant, was ` nominated and selected by her peers as the City of Colleyville 2010 Empioyee of the Year; and WHEREAS, the Employee of the Year Award honors an employee who embodies all of the Ciry of Colieyville values of integrity, service, and innovation; and WHEREAS, Kristi corisistently demonstrated integrity when working with patrons by providing everyone the same high level of service and respect; and WHEREAS, Kristi implemented innovative improvements to enhance the delivery of library services and improve the overall quality of the services and programs provided to Colleyville citizens; and ~ WHEREAS, Kristi has consistently demonstrated a positive and upbeat attitude, and even volunteered as the Colleyville Public Library's first mascot, Oink the "~`` Pig, where she visited many local schools to generate interest in library programs and events, and danced and performed in costume through the ~~' summer heat to brin o to the lives of children; and ~ 91 Y :~ WHEREAS, Kristi, through her genuine desire to help others, has sought out ways to assist coworkers when she has seen they needed support; and WHEREAS, Kristi has loyally served the community through her dedication to the City of Colleyville. ~`~ NOW, THEREFORE, 1, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, citizens, and employees of Coileyville, congratulate and commend KRISTI ISBELL ~ for her demonstration of and commitment to the City of Colleyville values M of integrity, service, and innovation. a. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, ~ ~'exas, affixed this 4`h day of January 2011. Mayor <:~~y <>, ~ ~ C~ n,.~~,5 / CITY OF Colleyville, Texas WHEREAS: on January 11, 2011, the Colleyville Garden Ciub will celebrate its 50`" Anniversary, having been founded January 11, 1961 when Florence Eudaly gathered a group of six friends to start a garden club, called the Dig and Dream Club. In 1962, the ciub voted to join the National Federation Garden Club, Inc. (NFGC) and became the Colleyville Garden Club; and WHEREAS, the Colleyville Garden Club promotes interest in all phases of gardening, horticultural education, civyc beautification and conservation of natural resources; and WHEREAS, the Colleyville Garden Club provides college scholarships, gives numerous donations to garden-related charities, and continues to be actively involved in civic beautification within the Colleyville community including: • Planting evergreen trees in public spaces in honor of Arbor Day • Recognizes outstanding residential yards, which beautify our community by placing Yard of the Month signs in those yards . Designed and planted the Veterans Memorial at Sparger Park in honor of all five military branches and provides seeds and gardening materials for Victory Garden Boxes, which are sent to military in Afghanistan so soldiers can bring gardening to the local people . Designed, planted and maintained several civic gardens in Colleyville . Assisted with demonstration gardens and outdoor learning centers at area schools and helped establish ecology centers at Grapevine High and Heritage Middle Schools . Planted 1,600 daffodil bulbs in the medians of Hail-Johnson Road and the City Hall/Library complex, which when in bloom, create Streets of Gold • Ciub members create natural wreaths and deliver them for display to Colleyville Center, Veterans Memorial, City Police and Fire Stations, and City Hall; and WHEREAS, Colleyville Garden Club has been honored with four National Awards: • National Garden Week for its 1999 Promenade Garden Tour • Dr. Wiliiam C. Welch Award for Landscape Design for design of the Colieyville Center Plaza and Balustrada . Special Achievement Award for its 2006 Promenade Garden Tour . Publicity Press Book Award for its 2009 Publicity Press Book NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby recognize the COLLEYVILLE GARDEN CLUB 50`" ANNIVERSARY and encourage our citizens to appreciate and enjoy the benefits and beauty gardening brings to our lives. IN WITNESS WHEREOF, I do hereby set my hand and seal q~'tre City o,Go eyville, Texas, affixed this 4th day of January 2011. /~ Mayor ~~.,~> o, ~ ~ R'%AS RESOLUTION R-11-3307 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 4, 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 December 14, 2010 b. Approval to extend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) Consortium, and the City of Arlington, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and extending the contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000 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 City of Colleyville City Council Minutes - Draft CI~/ COUIICII Tuesday, December 14, 2010 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 December 14, 2010, at 5:38 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, 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, Library Director Mary Rodne, Economic Development Director Marty Wieder, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Stan Hall was absent. PC-1 Presentation of the State of the Keller Independent School District (KISD), by Mr. Mark Youngs, Deputy Superintendent of Finance and Intergovernmental Relations Mr. Mark Youngs, Deputy Superintendent, Keller Independent School District (KISD), presented the State of the KISD message and answered questions of the City Council. PC-2 Discussion of an extension of the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and extending the contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000 Police Chief Steve Dye presented an overview of the proposed Interlocal Agreement, with the cities of Bedford, Euless, Keller, Southlake, Grapevine and Arlington, to seek federal grant-funding to replace public safety radio systems. Chief Dye spoke regarding the status of the public City of Colleyville Page 1 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 safety radio system, funding sources, timeline for implementation of a new system and recommended the renewal of the agreement for one year. Discussion ensued regarding the conditions of the warranty agreement and costs of the extension of the Interlocal Agreement and grant funding process, accounting of services offered by Holland and Knight, LLP, calculation of percentage of shared costs, the potential for county-wide participation and lobbying efforts of Holland and Knight, LLP. City Manager Jennifer Fadden stated there is not a specific grant program that we are going after. The NETCO cities are hiring Holland and Knight, LLP, to essentially obtain an appropriation on a bill. City Council determined an item should be placed on the January 4, 2011, City Council agenda for consideration of the extension of the interlocal agreement. PC-3 Presentation of the Monthly Financial Report - November 2010 There was no discussion of this item. PC-4 Discussion of the five-year utility rate plan Assistant City Manager and Chief Financial Officer Terry Leake presented a comparison of current rate versus removal of the first 2,000 gallons free usage from the minimum bill and the comparison of rate options and stated one of the issues of the minimum bill is that the rate has remained the same since 1990, however Trinity River authority has raised their rates substantially. Ms. Leake stated, as an alternative to that , City Council may want to consider a pass through of the increment increase by TRA. For example, the current minimum water bill would increase from $12.00 to $12.10. On the sewer side, the minimum bill is $8.60 and would increase to $8.80. The resolution that was passed in 1989 allows the pass through of Trinity River Authority rates. The pass through of rates allows the City to have a coverage ratio above the 1.20 annually. By using this mechanism, it minimizes the effect on the customers initially and it allows the City to stay on the positive side of the coverage ratio and in compliance with all bond covenants. It would be necessary to amend the ordinance, which sets the minimum bill rates. Discussion ensued regarding the percentage of current billings, which fall into the ranges. City Manager Jennifer Fadden stated, while the City can currently cover the TRA increases, staff discussed the need to raise rates should debt City of Colleyville Page 2 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 have to issued for the SH26 reconstruction. I want to report that staff is in the preliminary steps of assessing all of the utility system infrastructure. The City's infrastructure is aging and there is no systematic replacement schedule at this time. Staff is developing a capital improvement program, the majority of which, staff will work to fund with the existing resources available in the utility system operating budget. Staff wants City Council to be aware that staff cannot do anything beyond what the current abilities are without an impact to the rates. Staff will prepare the information and present the scope of the City's infrastructure needs to the City Council. The City may need to consider, in the future, how the rates are structured in order to begin replacing what is an aging infrastructure system. Discussion ensued regarding potential funding for and status of the utility infrastructure needs and the timeline for the report. City Manager Fadden stated the first reading ordinance will be placed on the January 4, 2011, City Council agenda for consideration of the pass through rate increase, with the increase effective February 1, 2011, and the Communicator will include the rate increase information. PC-5 Discussion of the December 14, 2010 City Council meeting regular agenda items There was no discussion of the regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 6:44 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly, on December 14, 2010, at 7:08 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, 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, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Stan Hall was absent. City of Colleyville Page 3 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 - Legal - 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 pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.071(2) - Legal - Consultation with attorney regarding status and terms of Franchise Agreement with Oncor 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, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:08 p.m. and reconvened at 7:42 p.m. INVOCATION: Councilman Mike Taylor 2 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-10-3294 This resolution was not needed. City of Colleyville Page 4 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly recognized the Red Barn Bar-B-Que restaurant and owner Mr. Von Husbands. Mr. Husbands provided information regarding the restaurant and expressed appreciation to the City Council and citizens for supporting the restaurant. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-10-3295 4a Approval of the minutes of the regular City Council meeting of December 7, 2010 4b Approval to update the trustees for the Trust Agreement for insurance premiums 4c Approval of an Interlocal Agreement and funding for the Metroport Teen Court program Mayor Kelly read Resolution R-10-3295 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-10-3295, with the amendment to the December 7, 2010 minutes, page 7, fourth from the bottom paragraph, it says Councilmember Wollin expressed appreciation to Colleyville Family Medicine for relocating in Colleyville, and I would like to have the word "relocating" changed to "wanting to stay in Colleyville". Mayor Kelly seconded the motion. City of Colleyville Page 5 Printed on 12/29/2010 City Council 5 5a 6 6a City Council Minutes - Draft December 14, 2010 The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-10-1787 Approval of amendments to Chapter 14 of the Code of Ordinances regarding Animals Mayor Kelly read the caption of Ordinance 0-10-1787. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1787. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall RESOLUTION(S): READING AND PUBLIC HEARING R-10-3296 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-10-3296 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Center Advisory Committee. City of Colleyville Page 6 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 Councilmember Taylor moved to appoint Ms. Karen Birkes, Dr. Louis Miller and Mr. Paul Vigiletti at-large and Ms. Joyce Hammill representing the Colleyville Garden Club, Mr. Tom Westerman representing the Colleyville Lions Club and Mrs. Linda Creed representing the National Charity League. Councilmember Wollin seconded the motion. There were no other nominations. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall 6b R-10-3297 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-10-3297 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Events Steering Committee. Mayor Kelly nominated Mr. Tom Westerman, Mr. J. Walt Mills, Mr. Charles Bethards, Mrs. Letha Siddons and Mrs. Patti Tanaka to the Colleyville Events Steering Committee and made this a motion to approve Resolution R-10-3297, as there were no other nominations. Councilmember Hart seconded the motion. Mayor Kelly stated the City Secretary will advertise the remaining open positions. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall City of Colleyville Page 7 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 6c R-10-3298 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-10-3298 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Parks and Recreation Advisory Board. Mayor Pro Tem Ayers moved to approve Resolution R-10-3298, appointing Mrs. Suzanne Hughes to Place 1, Mr. Charles Bethards, to Place 3, Ms. Debby Abitz to Place 5 and Mr. Tevon Taylor to Place 7. Councilmember Muhm seconded the motion. There were no other nominations. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall 6d R-10-3299 Consideration of appointments to the SH26 Advisory Committee Mayor Kelly read Resolution R-10-3299 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the SH26 Advisory Committee. Councilmember Wollin nominated and moved to approve Resolution R-10-3299, appointing Dr. Louis Miller, Mr. Colby Walton, Mr. J. Walt Mills, Mr. Tevon Taylor, Mr. Vishwajit Bhave and Ms. Lisa Miller. Mayor Kelly seconded the motion. City of Colleyville Page 8 Printed on 12/29/2010 City Council 6e 6f R-10-3300 R-10-3301 City Council Minutes - Draft December 14, 2010 There were no other nominations. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-10-3300 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Traffic Safety Advisory Committee. Mayor Kelly nominated and moved to approve Resolution R-10-3300, appointing Mr. J. Walt Mills and Mr. Carel Tornes to the Traffic Safety Advisory Committee. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall Consideration of appointments to the Colleyville Trails and Sidewalks Committee Mayor Kelly read Resolution R-10-3301 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Trails and Sidewalks Committee. City of Colleyville Page 9 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 Councilmember Wollin nominated Ms. Debby Abitz, Mr. Carel Tornes and Mr. Vishwajit Bhave and made a motion to approve Resolution R-10-3301. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall 6J R-10-3302 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-10-3302 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Historical Preservation Committee. Councilmember Taylor nominated and moved to approve Resolution R-10-3302, appointing Mrs. Letha Siddons to a term expiring September 2012. Councilmember Hart seconded the motion. Mayor Kelly stated the City Secretary will advertise the remaining open positions. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall 6h R-10-3303 Consideration of appointments to the Tax Increment Financing District Board of Directors Mayor Kelly read Resolution R-10-3303 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 10 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Tax Increment Financing District Board. Mayor Pro Tem Ayers moved to approve Resolution R-10-3303, appointing David Kelly, Michael Muhm, Tom Hart, Mike Taylor, Carol Wollin and Drenda Witt representing Tarrant County Hospital District, Carolyn Sims representing Tarrant County and John Eubanks representing the Grapevine-Colleyville Independent School District to the Tax Increment Financing District Board of Directors. Mayor Kelly seconded the motion. There were no additional nominations. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall 6i R-10-3304 Appointing a Chairman of the Tax Increment Financing District Board of Directors Mayor Kelly read Resolution R-10-3304 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations for the Chair of the Tax Increment Financing District Board. Councilmember Hart moved to approve Resolution R-10-3304, appointing Director David Kelly as Chairman of the Tax Increment Financing District Board of Directors. Councilman Taylor seconded the motion. City of Colleyville Page 11 Printed on 12/29/2010 City Council City Council Minutes - Draft December 14, 2010 The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall Mayor Kelly expressed appreciation to all of the applicants and encouraged citizens to become involved and apply for future openings on boards, commissions and committees. 7 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 14, 2010 - Reading and Public Hearing - Resolution R-10-3305 This resolution was not needed. 9 ADJOURNMENT: There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn and Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Stan Hall Mayor Kelly adjourned the meeting at 8:03 p.m. APPROVED BY A VOTE OF AYES, _ ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AN D 2011. City of Colleyville Page 12 Printed on 12/29/2010 - ~ s= City Hall a~~~ =~~~L,~ City of Colleyville 100 Main Street ~'4 Colleyville, Texas 76034 ~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 11/17/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 4b Final Action: File Name: Approval to extend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) Consortium, and the City of Arlington, to seek federal grant-funding as a consortium to Attachments: Interlocal Agreement- Bedford, Colleyville, Euless, Grapevine, Keller, and Southlake (Northeast Tarrant County Radio Consortium - NETCO) and City Of Arlington, Texas History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council 1 01/04/2011 City Council Title Approval to extend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) Consortium, and the City of Arlington, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and extending the contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000 Explanation Reading and Public Hearing City Council approved Resolution R-09-3165 on November 17, 2009, which gave approval for the City of Colleyville to enter into an Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio Consortium (NETCO), and the City of Arlington, to seek federal funding as a group to replace existing public safety radio systems in the aforementioned cities. This approved agreement resulted in a contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO and the City of Arlington, in the amount of $96,000. As a point of reference, in 1994, t partnership to purchase and operate a to other area agencies. At that time, paymaster for NETCO. Subsequently, Southlake, joined the NETCO group. expenses for the NETCO system and one-sixth share of the costs. he cities of Colleyville and Bedford entered into a public safety radio system and offered memberships Colleyville agreed to be the financial administrator and four additional cities, Keller, Euless, Grapevine, and The City of Colleyville pays the routine operational invoices the other member cities quarterly for their City of Colleyville Page 1 Printed on 12/30/2010 Aaenda Briefinp Continued The public safety radio system for NETCO is predicted to reach the end of its usable service life in 2013. By 2015, the manufacturer of the radio system, Motorola, is expected to discontinue support service of the system and equipment, which serves Colleyville and the five other neighboring cities' Police, Fire, Emergency Medical Services, and Public Works Departments. The current estimated cost to replace the NETCO radio system infrastructure is $15.6 million. The same scenario exists for the City of Arlington's radio system. The member cities of NETCO and the City of Arlington propose to collectively seek federal funding to replace both the existing NETCO and Arlington trunked radio systems with one regional public safety radio system at a projected cost of $25.6 million. If such funding is obtained, the cities propose to form a new consortium to operate the radio system as a regional public safety partnership. The attached Interlocal Agreement was approved last year, as to form, by the city attorneys of all six NETCO member cities and the City of Arlington. The renewal of the agreement would allow the member cities of NETCO and the City of Arlington to continue the cooperative Interlocal Agreement under the authority granted by the Texas Interlocal Cooperation Act to continue to seek funding for a new joint trunked radio system. The City of Colleyville is currently the paymaster for the NETCO system and would continue to perform those duties if the Interlocal Agreement is renewed. As paymaster under the agreement, the City of Colleyville would extend the contract with Holland and Knight, LLP for another year, in an amount not to exceed $96,000, for consulting service assistance to seek federal funding for the new regional radio system. The City of Colleyville will pay Holland and Knight, LLP, $24,000 quarterly and, in turn, bill the other participating cities quarterly, in the amount of $3,428.57 each for the term of the contract. The contract includes an annual renewal clause should additional time be desired by the participating cities to pursue funding. Upon conversion to a new radio system, the new system would be Project 25, or P25, compliant. In simplistic terms, P25 is the conversion of public safety radio systems from analog to digital. This change to P25 standards affects all public safety radio systems in the country and has been adopted by the Federal Communications Commission (FCC) as a requirement for all future systems. The Association of Public Safety Communications Operators (APCO) is a group of public and private radio experts that drive industry standards and they determined several years ago that all radio systems would need to be converted to digital to achieve and enhance interoperability and more efficiently utilize existing bandwidths. The current analog equipment utilized by the NETCO cities is approximately 18 years of age and the manufacturer (primarily Motorola) no longer makes or will soon no longer make parts for replacement and repair. The manufacturers are guided by the FCC and APCO recommendations and have begun to convert their current and future equipment toward the digital market. The P25 conversion will include all equipment from towers to consoles to portable radios to handhelds. The new City of Colleyville handhelds and mobile radios are digital radios, but part of the P25 cost will be to add the digital software to the handhelds and mobiles at the appropriate time. The Northeast Tarrant County agencies currently operate off of a three-tower simulcast system and one of those towers is located in Colleyville. Simulcasting minimizes dead spots and provides for much stronger and more reliable radio communications. If the radio City of Colleyville Page 2 Printed on 12/30/2010 Aaenda Briefinp Continued equipment is not upgraded, future parts for maintenance would become increasingly difficult to locate and maintenance costs would greatly increase. As mentioned, the estimated cost for Northeast Tarrant County for the P25 conversion is approximately $15.6 million. The premise is to locate as much grant and federal funding as possible, which is why the services of Holland and Knight, LLP were originally employed . The original NETCO group, headed by Euless Assistant Police Chief Harland Westmoreland, is currently being expanded into the North Texas Interoperability Communications Coalition (NTICC) in an attempt to include all of the Tarrant County area and strengthen the chances to secure grant funds. The goal is to begin construction in 2013 and achieve compliance by 2015. The NETCO agencies and the personnel all recommend renewal for Holland and Knight, LLP, in a radio project. Holland and Knight, were hampered by the mid-term and lack of bipartisan cooperation. City of Arlington have been contacted and their staff of the Interlocal Agreement for a second year of funding continued effort to locate grant and federal funds for the LLP reported their efforts in the first year of the contract elections and political issues predicated on the economy Staff recommends renewing the attached Interlocal Agreement, under authority of the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, for an additional year and authorizing the city manager to execute the agreement. Renewal of the attached Interlocal Agree to $96,000 to Holland and Knight, LLP f~ system. This would result in a cost of ~ part of the 2011 budget process, staff w and Knight, LLP renewal, if approved. T reduced radio maintenance costs. More this year come with a one-year warranty to Motorola for handheld maintenance. savings were identified as a result of the in Keller. Any approved funding would nc in the attached Interlocal Agreement. ient would authorize an additional payment of up ~ assistance in locating funding for the new radio > to $13,000 for the City of Colleyville portion. As s able to locate available funding for the Holland Is $13,000 would come from savings as a result of specifically, the new handhelds purchased earlier which will eliminate the need for a 2011 payment In addition, some minor radio maintenance cost relocation of communications to the regional facility commence prior to the approval of all cities listed This item was discussed at the December 14, 2010 Pre Council meeting and City Council directed staff to move forward with placing the extension of the Interlocal Agreement on the Consent Agenda for the January 4, 2011 City Council meeting. Financial Impact If approved, the City's portion of this agreement, $13,000, will be funded from radio maintenance cost savings in the FY 2011 budget. Recommendation Approval City of Colleyville Page 3 Printed on 12/30/2010 INTERLOCAL AGREEMENT BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER,ANDSOUTHLAKE (Northeast Tarrant County Radio Consortium - NETCO) AND CITY OF ARLINGTON, TEXAS THIS AGREEMENT is made this the day of ,2009, by and between the CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, AND SOUTHLAKE, all beii7g home-rule mui7icipalities, all located, at least in part, in Tarrant County, Texas and members of the Northeast Tarrant County Raclio Consortium (hereinafter collectively l~1ow as the "NETCO"), and the CITY of ARLINGTON, a Texas home-n~le municipality (hereinafter lcnown as "Arlington") WHEREAS, in July, 1994 the cities of Bedford and Colleyville entered into an interlocal agreement to construct and operate the initial 800 Mhz trunked radio system in Northeast Tarrant County and constructed The Ti•2ss~ked Sys~tel~i with an antenna site located in Colleyville, with the intent of offering membership to other agencies; a11d WHEREAS, in November, 1994 the City of Keller adopted the interlocal agreement to become the third member of NETCO; and WHEREAS, in Febniary, 1996 the City of Euless adopted the interlocal agreement to become the fourth meinber of NETCO; and WHEREAS, in March, 2000, the City of Grapevine adopted the interlocal agreement to become the fifth member of NETCO; and WHEREAS, in April 2003, the City of Southlake aclopted the interlocal agreement to become the sixth member of NETCO; and WHEREAS, Arlington owns and operates an 800 MHz trunlced raclio system; WHEREAS, NETCO and Arlington support the concept of combining resources, including but not limited to licensed 700/800 MHz channels, public safety communications transmitter sites and networlc equipment, to coi7stn~ct a regional digital public safety radio systeii7 that meets the Project 25 operating standards (the "P25 System"); WHEREAS, accomplishing the P25 System undertalang will be a multi-year process requiring fiinding from federal, state and local sources; WHEREAS, expediting federal funding will provide NETCO and Arlington with access to the substantial resources needed to undertalce planning and launch of the P25 Systein undertalcing; and WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal agreements for governmei7tal functions such as contemplated by this Agreement, NOW, THEREFORE, upon the mutual covenants, conditions, and proinises contained herein, NETCO and Arlington hereby agree as follows: Section 1 Interlocal Agreement 1.0 This Agreement is entered into and shall be construed pursuant to Chapter 791 of the Texas Government Code, the Texas lilterlocal Cooperation Act. Section 2 System Formation and Implementation 2 2.0 Formation of the P25 System is a complex undertal~ing requiring detailed cooperation and coordination between NETCO and Arlington. Details of forining, governing and implementing the P25 System undertalcing will be addressed in a separate inter-local agreement. Section 3 Federal Funding 3.0 NETCO and Arlington have engaged the law firm of Holland & Kiught, LLP, (the "Firm") to provide legal services ii7 support of reconfiguring their respective public safety radio systems. The Firm has substantial experience in obtaining federal funding to assist localities in implementing public worlcs projects such as the P25 systein. 3.1 NETCO and Arlington will engage the Firm for a period of one year, starting in October of 2009, to seek federal fiulding in support of the P25 System undertalang with an option to renew t11at engagement for future fiscal years. 3.2 The cost of the Firm's legal services shall be $96,000, to be paid over a one year period on a quarterly basis pursuant to a letter of engagement with the Firm. NETCO Members and Arlii7gton shall divide the cost of the Firm's fees among themselves equally, each paying 1/7 of the Firm's fees. 3.3 The amount of federal funding sought shall be deternuned in collaboration with NETCO and Arlington, and shall be the maximum feasible based on the federal government's budget for the applicable fiscal year. Section 4 Addition of Jurisdictions 4.0 Froin time to tiine, other jurisdictions nlay wish to join the P25 undertalcing, thereby promoting regional expansion of the public safety coinmunication systein. A governmental entity may join the P25 undertalcing by executing an amendment to this agreement, with the understanding that if the volume of additional jurisdictions extends beyond the jurisdictions wholly located in Tarrant County, it will be necessary to increase the level of federal funding sought, and Hollai7d & Knight's annual fees will therefore increase proportionately. For example, if the City of Fort Worth elects to j oin the P25 undertalang, Holland & Knight's annual fees will increase by $40,000. All meinbers of the P25 undertalcing, including those governmental entities subsequently joining the undertaldng, will pay their equal share of Holland & Knight's am7ual fee. Aiiy governmental entity that decides tojoin the P25 undertalcing must, as a condition of membership, agree to pay its equal share of payments to Holland & Ki7ight made from the inception of the P25 undertal~ing. Section 5 Disbursement of Funds 5.0 Funding received through the efforts of the Firm will be used SOLELY for the developnlent, deployment, and support of the P25 system. 5.1 Nothing herein shall prevent NETCO and Arlington froin agreeing to "pool" the fi~nds acquired through this agreement for the procuremei7t and construction of shared portion of the P25 system. li7 fact, priority shall be given to the development, deployment, and support of the shared portion of the P25 system wit11 the funds acquired through the efforts of the Firm. 4 5.2 Funding receivecl through the efforts of the Fin11 will be disbursecl based on the number of radios with system IDs each signatory operates on their system. Funding received by any other means is not subject to this agreement. 5.3 For the purpose of the disbursement, the number of radios for each signatoiy sha11 be "frozen" at the number of radios on the date this document is effective. 5.4 Disbursements will be calculated on the percent of total radios each signatory owns and is subject to this agreeinent. As an exai7lple, if the City of Colleyville has 5.42% of the radios subject to this agreeinent, they would then be entitled to 5.42% of the fiulds acquired through this agreement. Section 6 Indemnity 6.0 To the extent allowed by law, NETCO and Arlington agrees to defend and hold harmless every other, its officials, agents, officers and employees in both tlleir public and private capacities, from and against any and all clain~s, suits, demands, losses, damages, causes of action, and liability of every lcind, including all expenses of litigation or settlement, including but not limited to court costs and attorney's fees, which may arise due to any cleath or injury to any person, or the loss of, damages tq or loss of use of any property arising out of or occurring as a consequence of the performance of this Agreemei7t, whether such injuries, death, or damages are caused by the sole negligence or the joii7t negligence of any Member, its officials, agents, officers and employees. Section 7 Non-Waiver of Immunity 7.0 It is expressly unclerstood and agreed that, in the execution of this Agreement, neither NETCO nor Arlington waives nor shall it be deemed to have waived, any immunity or defense that would otherwise be available to it against any claims arising in exercise of its goveriunental powers or functions. 7.1 In the event that any person, elected official, employee, or agent of either NETCO or Arlington, performing services pursuant to this Agreemei7t be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person, elected official, employee, or agent of NETCO or Arlington shall be entitled to the saine defenses that he or she would be entitlecl to receive as if such civil action and arisen out of the performance of his or her duties as an einployee NETCO or Arlington wluch appointed them or where he or she is regularly employed and in the regular jurisdiction of NETCO or Arlington by which that person is regularly einployed. Section 8 Miscellaneous 8.0 NETCO and Arlington agree that if legal action is brought under tlus Agreeinent, exclusive venue shall lie in Tarrant County and the contract shall be goveri7ed by the laws of the State of Texas. 8.1 In case any one or more of the terins, sentences, paragraphs or provisions coi7tained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other terin, sentence, paragraph or provision hereof, and this Agreement shall be construed as if such invalid, illegal or unei7forceable provision and never been contained herein. 6 8.2 This Agreement may be anlended or modified only by the nlutual agreeinent of NETCO and Arlington hereto in writing, such amendment or inodification being attached to and incorporated herein. 8.3 This Agreement may be signed in multiple counterparts and shall be binding on NETCO and Arlington hereto when duly authorized by the govenung body of each Member and its duly authorized representative. 8.4 Tlus Agreei7lent contains all of the cominitments a11d agreeinents of the NETCO and Arlington hereto. 8.5 All notices requirecl to be given herein shall be directecl to the Manager of the NETCO member involved and Arlington. 8.6 All payments and expenses made by any NETCO Member or Arlington hereto shall be made from the current revenues of the Member or Arlii7gton. APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 7 By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: 8 By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHL,AKE, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY = 5h25043 cl 9 City of Colleyville Agenda Briefing File Number: 0-11-1788 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1788 Version: 1 Requester: Office of the City Manager File Type: Ordinance Agenda Date: 01/04/2011 Agenda No.: 5a Status: First Reading Controlling Body: City Council Final Action: File Name: Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741 and Sections 3A and 3B of the Water and Sewer Policy and Procedure Manual of the City of Colleyville by increasing the minimum water bill and the minimum sewer bill to incorporate Trinity Attachments: FY 2011-2015 Utility Rate Plan - Wthout TRA Rate Increase Pass Through - Exhibit A.pdf • FY 2011-2015 Plan - Pass Through of TRA Rate Increases Including Minimum Bill Gallons - Exhibit B.pdf • Ordinance 0-89-741.pdf • Water and sewer rate comparison of surrounding cities.pdf • Ordinance 0-11-1788.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/04/2011 City Council Title Amending Section 1, Section 2 and Section 8 of Ordinanc 3B of the Water and Sewer Policy and Procedure Manu increasing the minimum water bill and the minimum sewe Authority (TRA) rate increases on the first 2,000 gallons minimum water bill and the first 2,000 gallons of sewer sewer bill and providing for future TRA rate increases to and sewer minimum bill usage Explanation First Reading and Public Hearing e 0-89-741 and Sections 3A and al of the City of Colleyville by r bill to incorporate Trinity River of water usage included in the usage included in the minimum be passed through on the water During the discussion of the Fiscal Year 2010 (FY 2010) Trinity River Authority (TRA) pass through rate increase at the November 4, 2009 Pre Council meeting, City Council requested that future water and sewer rates be set with a long term perspective to financial stability. At the August 5, 2010 City Council Fiscal Year 2011 (FY 2011) budget worksession, a five year rate plan was presented incorporating future rate increases from TRA, the sole provider of the City's treated water and sewer. Also presented, were various options for future rate restructuring, such as increasing the minimum bill, removing the first 2,000 gallons of free usage from the minimum bill and implementation of a tiered rate structure . As a part of the FY 2011 budget discussion, staff informed the City Council a rate increase would be necessary in the event TRA's FY 2011 rates were greater than those in the City's current rate structure. TRA did increase their FY 2011 rates for treated water and sewer by $0.05 and $0.10, respectively. Ordinance 0-89-741, allows water and sewer rate increases by TRA to be passed through to customers by adoption of a resolution. At the December 7, City of Colleyville Page 1 Printed on 12/30/2010 Aaenda Briefinp Continued (0-11-17881 2010 Pre Council meeting, a five year rate plan was presented to the City Council, which incorporated TRA's annual projected rate increases through FY 2015 and the future annual TRA pass through rate increases necessary to meet the required utility bond covenants. The major cost component of the Utility Fund is the treated water and sewer purchased from TRA at 64 percent of the FY 2011 budget. In FY 2010, TRA charged the City $2.27 per 1,000 gallons for treated water and $1.53 per 1,000 gallons for treated sewer. The FY 2010 TRA rates are those upon which the City's current water and sewer rate structure is based. Over the next five years, TRA projects the cost for treated water to increase to $2.53 per 1,000 gallons and the cost for treated sewer to increase to $2.15 per 1,000 gallons, an increase of $0.26 and $0.62, respectively over current rates. Per TRA, these increases are projected to cover forecasted increased costs for chemicals and debt service for future proposed debt issuances to fund federal environmental mandates and replacement of aging infrastructure. Exhibit "A" is a five year projection of utility fund expenses and coverage for FY 2011-2015 under the current rate structure. Due to the current and future TRA rate increases, the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio needed for the approved Capital Improvement Program (CIP). This coverage ratio is required by the City's bond covenants. For FY 2011, the projected debt coverage ratio is 1.15 and does not meet the 1.20 debt coverage ratio required by utility bond covenants. When the debt coverage ratio is not met, the rating agencies can downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the coverage ratio is met. Additionally, Colleyville's minimum bill of $12.00 and $8.60 for water and sewer, respectively, has been in effect since October 1, 1989 (FY 1990) and it includes the first 2,000 gallons of water and sewer at no additional charge to the customer. The minimum bill should include administrative costs, billing costs, debt service for infrastructure replacement and third party water and sewer treatment cost (e.g. 2,000 gallons), if included in the minimum bill. In Fiscal Year 1990, the cost of the first 2,000 gallons to TRA was 26 percent of the minimum water bill and 14 percent of the minimum sewer bill. For Fiscal Year 2011, the cost of the first 2,000 gallons to TRA is 39 percent of the minimum water bill and 38 percent of the minimum sewer bill. For Fiscal Year 2015, the cost of the first 2,000 gallons to TRA climbs to 42 percent of the minimum water bill and 50 percent of the minimum sewer bill. The continual annual increases from TRA lessen the ability to fund replacement of the City's aging system infrastructure through the minimum bill. It is due to these continued annual cost increases from TRA, that most cities have eliminated the first 2,000 gallons of usage from the minimum bill, so they may provide funding for replacement of their own system infrastructure. At the December 7, 2010 Pre Council meeting, City Council discussed the option of removing the first 2,000 gallons of usage included in both the minimum water and sewer bill. The monthly increase to the customer would be $11.30 under this scenario. At the December 14, 2010 meeting, an alternate rate proposal was presented to City Council, in which TRA water and sewer rate increases would be passed along on both the first 2,000 gallons of usage included in the minimum bill and all usage above 2,000 gallons. The existing Ordinance 0-89-741 does not include a provision to pass through TRA water and City of Colleyville Page 2 Printed on 12/30/2010 Aaenda Briefinp Continued (0-11-17881 sewer rate increases on the first 2,000 gallons of usage included in the minimum bill. Exhibit "B" is a five year projection of utility fund expenses and coverage for FY 2011-2015, under the proposed rate structure of future water and sewer TRA rate increases also being passed through on the first 2,000 gallons of water and sewer usage included in the minimum bill. The proposed monthly increase to a customer with average usage of 15,000 gallons of water and 10,000 gallons of sewer would be $1.75. This rate proposal would provide financial stability by keeping the utility coverage ratio above 1.20. City Council directed staff to bring forward, at the January 4, 2011 City Council meeting, an ordinance incorporating the FY 2011 TRA pass through water and sewer rate increase into the first 2,000 gallons of usage included in the minimum bill, which would be a monthly increase of $0.10 and $0.20 for water and sewer, respectively, and passing through future TRA rate increases in the minimum bill. Additionally, City Council directed staff to bring forward a resolution at the January 18, 2011 City Council meeting passing through the FY 2011 TRA water and sewer rate increases of $0.05 and $0.10, respectively, on all monthly usage above 2,000 gallons, as authorized by the attached Ordinance 0-89-741. Attached is proposed Ordinance 0-10-1788, which increases the current monthly minimum water bill from $12.00 to $12.10 and increases the current monthly minimum sewer bill from $8.60 to $8.80, incorporating the 2011 TRA rate increases of $.10 on the first 2,000 gallons of water usage and $.20 on the first 2,000 gallons of sewer usage. Als o included in the ordinance is the provision that the pass through of TRA water and sewer rate increases, by adoption of a resolution, also include the first 2,000 gallons of usage included in the minimum bill. As a point of reference, the cities of Bedford, Euless, Hurst and North Richland Hills have increased their water and sewer rates for the FY 2011 budget. Per the attachment, Water and Sewer Rate Comparison of Surrounding Cities, Colleyville citizens would pay $16.26 less than the average of the surrounding cities for 15,000 gallons of water and 10,000 gallons of sewer under this rate proposal. Financial Impact The increase of the monthly minimum water bill from $12.00 to $12.10, the increase of the current monthly minimum sewer bill from $8.60 to $8.80 and the pass through of future TRA water and sewer rate increases generate sufficient coverage to offset the increase in TRA rates for treated water and sewer. Recommendation Approval City of Colleyville Page 3 Printed on 12/30/2010 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2011 - FY 2015 WITHOUT PASS THROUGH OF TRA RATE INCREASES ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR AVERAGE ANNUAL WATER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERIVED FROM VOLUME CHARGE AVERAGE ANNUAL SEWER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERNED FROM VOLUME CHARGE OPERATING REVENUE WATER SALES CUMULATIVE TRA PASS-THROUGH WATER RATE INCREASE SEWER CHARGES CUMULATIVE TRA PASS-THROUGH SEWER RATE INCREASE WATER INSTALLATION SEWER INSTALLATION ENGINEERING AND DEVELOPMENT PENALTY SEWER TIE ON REVENUE MISC REVENUE TOTAL OPERATING REVENUE OPERATING EXPENSES: ADMINISTRATION BILLING OPERATIONS TRA WATER TRA SEW ER OPERATING TRANSFER TOTAL OPERATING EXPENSES OPERATING INCOME PLUS NON-OPERATING REVENUE (INT INC) NETINCOME CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE: ANNUAL DEBT SERVICE 2002 REFUNDING SERIES 2004 REFUNDING SERIES 2010 REFUNDING BOND ISSUE TOTAL ANNUAL DEBT SERVICE AMOUNTAVAILABLE FOR COVERAGE RATIO AMOUNT NEEDED FOR COVERAGE RATIO TARGET COVERAGE RATIO-CIP PROGRAM AMOUNT UNDER CIP TARGET TARGET COVERAGE RATIO ACTUAL COVERAGE RATIO PASS THROUGH TRA RATE INCREASES ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES 2011 2012 2013 2014 2015 9, 021 9, 091 9,161 9, 231 9, 301 21,168 21,168 21,168 21,168 21,168 $1,299,024 $1,309,104 $1,319,154 $1,329,264 $1,339,344 $7,232,966 $7,289,091 $7,345,217 $7,401,342 $7,457,467 EXHIBIT A 8,398 8,468 8,538 8,608 8,678 10,100 10,100 10,100 10,100 10,100 $866,674 $873,898 $881,122 $888,346 $895,570 $1,771,340 $1,786,104 $1,800,869 $1,815,634 $1,830,398 $8,531,990 $8,598,195 $0 $0 $2,638,013 $2,660,002 $0 $0 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $167,550 $163,873 $5,000 $5,000 $13,000 $13,000 $8,664,401 $0 $2,681,991 $0 $21,000 $7,000 $5,000 $170,196 $5,000 $13,000 $8,730,606 $8,796,811 $0 $0 $2,703,979 $2,725,968 $0 $0 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $171,519 $172,842 $5,000 $5,000 $13,000 $13,000 $11,388,553 $11,478,070 $11,567,587 $11,657,104 $11,746,621 $204,092 $208,174 $212,338 $216,584 $220,916 $372,114 $379,556 $387,148 $394,891 $402,788 $1,868,203 $1,872,927 $1,910,385 $1,948,593 $1,987,565 $5,528,531 $5,489,780 $5,684,509 $6,044,945 $6,203,804 $1,692,257 $1,826,750 $2,040,285 $2,210,251 $2,304,394 $816,297 $893,600 $900,656 $907,711 $914,767 $10,481,494 $10,670,787 $11,135,320 $11,722,975 $12,034,234 $907,059 $807,283 $432,267 -$65,871 -$287,613 $50,000 $50,000 $50,000 $50,000 $50,000 $957,059 $857,283 $482,267 -$15,871 -$237,613 $247,688 $249,288 $199,338 $202,624 $383,026 $381,100 $830,052 $833,012 $957,059 $857,283 $996,062 $999,614 $1,230,052 $1,233,012 -$272,992 -$375,729 1.20 1.20 1.15 1.03 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $195,723 $632,100 $827,823 $482,267 $993,388 $1,227,823 -$745,556 1.20 0.58 $0.00 $0.00 $0.00 $0.00 $0 $0 $198,673 $0 $620,500 $490,100 $819,173 $490,100 -$15,871 -$237,613 $983,008 $583,120 $1,219,173 $890,100 $1,235,044 -$1,127,713 120 120 (0.02) (0.48) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSESICOVERAGE FY 2011 - FY 2015 EXHIBIT B PASS THROUGH OF TRA RATE INCREASES INCLUDING MINIMUM BIL L FIRST 2,000 GALLONS ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR 2011 2012 2013 2014 2015 AVER4GEANNUAL WATER CUSTOMERS 9,021 9,091 9,161 9,231 9,301 AVERAGEMONTHLYUSAGE 21,168 21,168 21,168 21,168 21,168 AMOUNT DERIVED FROM MINIMUM BILL $1,299,024 $1,309,104 $1,319,184 $1,329,264 $1,339,344 AMOUNT DERIVED FROM VOLUME CHARGE $7232,966 $7289.091 $7.345217 $7,401.342 $7.457,467 AVERAGEANNUAL SEWER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERIVED FROM VOLUME CHARGE 8,398 5,468 8,538 8,608 8,678 10,100 10,100 10,100 10,100 10,100 $866,674 $873,898 $881,122 $888,346 $895,570 $1,771,340 $1,736,104 $1,800,869 $1,815,634 $1,830,398 OPERATING REVENUE WATER SALES CUMULATIVE TRA PASS-THROUGH WATER RATE WCREASE WATER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS SEWER CHARGES CUMULATIVE TRA PASS-THROUGH SEWER RATE INCREASE SEWER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS WATER INSTALLATION SEWER INSTALLATION ENGINEERING AND DEVELOPMENT PENALTY SEWER TIE ON REVENUE MISC REVENUE $8,531,990 $8,598,195 $102.839 $103,637 $10,825 $10,909 $2,638,013 $2,660,002 $80,621 $178,844 $20,155 $44,711 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $170,302 $173,110 $5,000 $5,000 $13,000 $13,000 $8,664,401 $167,097 $17,589 $2,681,991 $327,859 $81,965 $21,000 $7,000 $5,000 $177,620 $5,000 $13,000 $8,730,606 $8,796,811 $441,980 $551,363 $46,524 $58,038 $2,703,979 $2,725,968 $454,502 $516,515 $113,626 $129,129 $21,000 $21,000 $7.000 $7,000 $5,000 $5,000 $184,966 $1S8,S60 $5,000 $5,000 $13,000 $13,000 TOTAL OPERATING REVENUE $11,605,746 $11,320,409 $12,169,521 $12,727,184 $13,017,684 OPERATING EXPENSES ADMINISTRATION BILLING OPERATIONS TRA WATER TRA SEWER OPERATING TRANSFER $204,092 $208,174 $212,338 $216,584 $220,916 $372,114 $379,556 $357.148 $394,891 $402,788 $1,868,203 $1,872,927 $1,910,385 $1,943,593 $1,987,565 $5,528,531 $5,489,780 $5,684,509 $6,044,945 $6,203,804 $1,692,257 $1,326,750 $2,040,285 $2,210,251 $2,304,394 $816,297 $908277 $923254 $947.308 $986,485 TOTAL OPERATING EXPENSES OPERATING WCOME PLUS NON-OPERATING REVENUE (INT WC) NETINCOME ANNUAL DEBT SERVICE 2002 REFUNDING SERIES 2004 REFUNDING SERIES 2010 REFUNDING BOND ISSUE ANNUAL DEBT SERVICE AMOUNT AVAILABLE FOR COVERAGE RATIO AMOUNT NEEDED FOR COVERAGE RATIO TARGET COVERAGE RATIO-CIP PROGRAM AMOUNT UNDER CIP TARGET TARGET COVERAGE RATIO ACTUAL COVERAGE RATIO PASS THROUGH TRA RATE INCREASES ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES $10,481,494 $10,685,464 $11,157,919 $11,762,571 $12,105,953 $1,124,252 $1,134,945 $1,011,603 $964,613 $911,731 $50,000 $5Q000 $50,000 $50,000 $50,000 $1.174252 $1.184.945 $1,061.603 $1,014,613 $961,731 $247,688 $249,288 $0 $0 $0 $199,333 $202,624 $195,723 $198,673 $0 $383,026 $381,100 $632,100 $620,500 $490,100 $830,052 $833,012 $827,823 $819.173 $490,100 $1,174,252 $1,184,945 $1,061,603 $1,014,613 $961,731 $996,062 $999,614 $993,388 $983,008 $588,120 $1,230,052 $1233,012 $1,227,823 $1,219,173 $890,100 -$55,800 -$48,067 -$166,220 -$204,560 $71,631 1.20 1.20 1.20 1.20 1.20 1.41 1.42 1.28 1.24 1.96 $0.05 $0.00 $0.03 $0.13 $0.05 $0.05 $0.05 $0.08 $0.21 $0.26 $0.10 $0.12 $0.18 $0.15 $0.07 $0.10 $0.22 $0.40 $0.55 $0.62 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-89-?41 AN ORDINANCE Ab1ENDING SECTION 3A AND 3B OF THE WATER AND SEWER POLICY PRCCEDURAL MANUAL OF THE CITY OF CGLLEYVILLE BY INCREASING THE WATER RATES CHARGED; PROVIDING FOR DIFFERENT WATER RATES BETWEEN IN-CITY AND OUT-OF-CITY CUSTOMERS; INCREASING SEWER RATES; ADOPTING FINANCIAL MANAGEMENT GUIDELINES FOR THE WATER AND SEWER UTILITY FUND; CREATING A SEPARATE REVENUE ACCOUNT FOR PENALTIES PAID IN DELINQUENT UTILITY BILLS; AUTHORIZING GUIDELINES FOR INTERFUND TRANSFERS AND CHARGES; REQUIRING CHARGES FOR WATER AND SEWER SERVICES BE CHARGED FOR CITY DEPARTMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council did authorize a Water and Wastewater Rate Study, and WHEREAS, said rate study offered specific recommendations to provide for a financially viable Utility Fund without adding unnecessarily to the burden of the ad valorem tax payer, including but not limited to the repair and use of public streets and rights of way, and WHEREAS, the City Council desires to implement water and sewer rates and policies which are deemed to be in the best interest of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. l. THAT Section 3A of the Water and Sewer Policy Procedural Manual for the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the CoZleyville Code be amended to read as follows: "A. The following monthly rates shall be charged for water: Rates For In-City Customers: 1. Minimum for month for first 2,000 gallons ..$12.00 2. All usage over 2,000 gallons ................$ 2.00 per 1,000 gallons Rates for Out-City Customers: 1. 114inimum for month for first 2,000 gallons ..$16.00 2. All usage over 2,000 gallons ................$ 2.00 per 1,000 gallons Ordinance 0-89-741 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Sec. 2. THAT Section 3B(1) through (3) of the Water and Sewer Policy Procedural Manual for the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be amended to read as follows: "(1) A monthly charge shall be charged to all customers in the amount of $8.60 per residential or business occupancy. (2) A monthly volume charge shall also be charged to all customers in the amount of $.90 per 1,000 gallons of water used over and above 2,000 gallons minimum waste water produced, as more specifically set forth hereinafter. The monthly volume charge for residential class customers will be based on the individual customer's average monthly water use during the preceding winter quarter months of December, January and February, without limitation. Said average monthly water use shall be averaged to the nearest 1,000 gallons (breaking point being 500). The volumes used to compute these charges are based on the amount of water used by the residential class customers as measured by the water meter. Where no preceding winter quarter average is available from records, the Director of Public Works shall estimate a volume to be used for this monthly volume charge. (3) The monthly service charge shall also be charged to all customers in the amount of $8.60 per unit for multi-family resident occupancy. A monthly volume charge shall also be charged to all multi-family residences per unit in the amount of $.90 per 1,000 gallons of water used, or wastewater produced computed upon the same basis as set out in part (2) hereof." Sec. 3. THAT the Financial Management Guidelines as identified in the "Water and Wastewater Rate Study" complied by Charles Binford, Financial Management Consultant, June, 1989 is hereby adopted by reference identified as Exhibit A Ordinance 0-89-741 and apart hereof. Sec. 4. THAT a separate revenue account is established in the Water and Sewer Utility Enterprise Fund to account for penalties on delinquent utility bills. Ordinance 0-89-741 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Sec. 5. THAT a payment-in-lieu-of-tax (PILOT) shall be paid by the Water and Sewer Utility Fund to the General Fund. PILOT shall be paid to the General Fund during the last quarter of each fiscal year. The amount of the PILOT to be paid will be determined by applying the current tax rate to the net value of the utility system as of September 30 of the preceding fiscal year. Sec. 6. THAT a franchise tax shall be charged and paid by the Water and Sewer Utility Fund to the General Fund. Said Franchise Tax shall be paid to the General Fund during the last quarter of each fiscal year. The amount of the Franchise tax shall be two percent (2%) of operating revenue as of September 30 of the preceding fiscal year. Sec. 7. THAT an Operating Transfer shall be paid from the Water and Sewer Utility Fund to the General Fund for Administrative services provided the Water and Sewer Utility Fund by the General Fund. Said transfer shall be made during the last quarter of the fiscal year. The amount of the Administrative Services Transfer shall be four percent (4~) of the operating revenues as of September 30 of the preceding fiscal year. Sec. 8. TAAT the City Council may, by Resolution increase rates proportionately to pass through direct increases originated by the Trinity River Authority for water delivery or sewer treatment charges. Sec. 9. THAT all Departments of the City shall be metered and billed for water consumption and sewer service provided. Sec. 10. THAT the above change in water and sewer rates shall be effective October l, 1989. AND IT IS SO ORDERED. The f' st readi and public hearing being conducted on the _1~ day of , 1989. The secon~j readin a d public hearing being conducted on the ~~k~ day of 1989. The tl~ird readi g a public hearing being conducted on the '`~~ day of 1989. CITY OF COLLEYVILLE ~ ~ ~ CHRIS HAWKINS b~ayor EXHIBIT A ORDINA~CE 0-~9-741 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Ordinance 0-89-741 Page ~ ATTEST• r LaVADA JOHNSON City Secretary APP VED AS TO ORM AND LEGALITY: _.~ ~~ ~ _. ROSS T. FOSTER City Attorney L/A/5 1 I . . ~ ~ . '. ~ ~ • ~ • ~ ~ ~ JA ~" ~ ' ~ ~ f ~ . . ~ . ,~. ~n l ~ ~ t3EAR CREEK ~J ~ ~Q N P` ~1 NTAT/4N y/ , , . .. . . , . ~..`1, : / ~ GI~~Y LN. ~ .. ` `~ ~ Q ~ 1, ~~~. _ T ~ f~~ r! ~ i M;- j~, t7 " ........ ti~ ~ ~"" .. .. ....:..1 ~'~ ~.,~ . V/!NS ~~u ~ '~ •. ' '~ ~ d J . ... ,~~1'~.i~? I 'jT .1 J ! 1. , lll,~ 1bA ~`NII ~~ ~~'~' ~~~~~ ~ r • • „~~ ~_`•~~ . w I ~ ~w-........~ .......i.~s.w~r. .r . ....,:~.~,,,. 11 ~. ~~ iI ~~: . I ~ . ~ ~.! .- ~ '-- - ... ~ /1 -_--- ~ I .. .. • ~ .. .. .. . . ..~ . . •~• . . _.. .. ___ n '~~ ''~ Case Z-89-741 i' . ~~ Zoning Change from Ag to R-20 Burk Collins l.-. .. • . .. ~i'_~_--- EXHIBIT A ORDINA~CE 0-~9-741 FINANCIAL MANAGEMENT GUIDELINES As a frame of reference in reviewing the statistical information presented in this report, and as a means of ensuring the finan- cial integrity of the Utility Enterprise rund, it is recommended that the City Council adopt the following as financial management guidelines: 1. Gross revenues of the Utility Enterprise Fund shall be suffi- cient during each and every fiscal year period to pay all mainte- nance and operating expenses, debt service on all outstanding indebtedness payable by the Fund, depreciation expense, and other non-operating expenses. Retained earnings and working capital balances available from prior years shall not be used as a means of satisfying this requirement. , 2. Net income before depreciation and other non-operating expen- ses shall equal to at least 1.2 times the average annual debt service requirement on all outstanding indebtedness secured by a pledge of Utility Fund revenues. The two guidelines listed above are considered to be existing legal requirements as stipulated in the City's Revenue Bond Ordinances. The following guidelines are not legal requirements, but are recommended as reasonable and prudent means to ensure that cash flow needs of the Utility Fund are met and to provide a continuing program to monitor the financial status of the Fund. 3. The workinq capital balance in the Utility Enterprise Fund at the end of each fiscal year shall be equal to at least 60 days of operation. 4. The City shall develop and maintain accurate cash flow projec- tions to ensure that sufficient tunds are available at all times to pay current obligations of the Utility Enterprise Fund, and to ensure that available cash is invested to the fullest extent possible. 5. All assumptions and projections concerning Utility Fund reve- nues and expenses, including those contained in this report, shall be reviewed on at least an annual basis (probably during the annual budget process) to ensure the adequacy of existing water and sewer rates. 6. Utility Fund revenues and expenses shall be formally monitored on at least a quarterly basis to ensure that budget estimates are still valid. Source: City of Colleyville ~~later and `9astewater Rate Study Prepared by Chax~es Binford, Financial Ma~ageMent Consultant June 1989, page 7 WATER AND SEWER RATE COMPARISON OF SURROUNDING CITIES WATER RATE COMPARISON OF SURROUNDING CITIES MINIMUM # OF GALLONS BILL FOR RATE PER CITY BILL IN MINIMUM 2,000 GALS 1,000 GALS BEDFORD EULESS " GRAPEVINE HURST KELLER x` NORTH RICHLAND HILLS SOUTHLAKE " AVERAGE COLLEYVILLE CURRENT VARIANCE IN RATES CUSTOMER CUSTOMER CUSTOMER BILL BILL BILL 10,000 GALS 15,000 GALS 20,000 GALS $47.27 $61.72 $76.17 $37.21 $56.51 $76.36 $31.67 $45.37 $59.07 $57.78 $85.33 $112.88 $43.14 $59.04 $74.94 $55.50 $78.60 $101.70 $49.92 $67.27 $84.62 $46.07 $64.83 $83.68 $39.84 $57.24 $74.64 ($6.23) ($7.59) ($9.04) AVERAGE $14.59 $17.82 $3.60 $46.07 $64.83 $83.68 COLLEYVILLE PROPOSED * $12.10 2,000 $12.10 $3.53 $40.34 $57.99 $75.64 VARIANCE IN RATES ($2.49) ($5.72) ($0.07) ($5.73) ($6.84) ($8.04) `* TIERED WATER ARE IN EFFECT /N THE FOLLOW/NG CIT/ES: ~' EULESS' WATER RATE IS $2.27 FOR 0 TO 2,000 GALLONS, $3.20 FOR 3,001 TO 8,000 GALLONS, $3.75 FOR 9,000 TO 15,000 GALLONS, $4.10 FOR 16,000 TO 35,000 GALLONS, AND $4.66 FOR ALL USAGE ABOVE 35,000 GALLONS ~' KELLER'S WATER RATE IS 1.69 FOR 0 TO 2,000 GALLONS, $2.86 FOR 2,000 TO 10,000 GALLONS, $3.18 FOR 10,001 TO 20,000 GALLONS, $3.61 FOR 20,001 TO 25,000 GALLONS, $4.72 FOR 25,000 TO 40,000 GALLONS, AND $5.15 FOR ALL USAGE ABOVE 40,000 GALLONS " SOUTHLAKE'S WATER RATE IS $2.97 FOR 2,000 TO 10,000 GALLONS, $3.47 FOR 10,001 TO 25,000 GALLONS AND $3.72 FOR 25,000 TO 40,000, AND $4.22 FOR ALL USAGE ABOVE 40,000 GALLONS ^^ RATES SHOWN ARE THE AVERAGE OF THE TIERED RATE USAGE OF 0-20,000 GALLONS $18.37 $7.95 $9.75 $13.70 $16.88 $9.30 $26.16 $14.59 $12.00 ($2.59) 0 0 2,000 2,000 0 0 2,000 2.000 $24.15 $12.49 $9.75 $13.70 $20.26 $18.24 $26.16 $17.82 $12.00 ($5.82) $2.89 $3.32 ^^ $2.74 $5.51 $2.90 nn $4.62 $3.25 ^^ $3.60 $3.48 ($0.12) SEWER RATE COMPARISON OF SURROUNDING CITIES CITY MINIMUM # OF GALS BILL FOR RATE PER BILL IN MINIMUM 2,000 GALS 1,000 GALS BILL BEDFORD $10.88 0 $14.32 EULESS $6.75 0 $12.07 GRAPEVINE $7.80 2,000 $7.80 HURST $9.92 0 $16.28 KELLER $11.85 0 $17.41 N RICHLAND HILLS $7.27 0 $12.49 SOUTHLAKE $26.16 2,000 $26.16 AVERAGE COLLEYVILLE CURRENT VARIANCE IN RATES AVERAGE COLLEYVILLE PROPOSED * VARIANCE IN RATES WINTER AVERAGE BILLED Y N Y Y Y Y N CUSTOMER BILL 10,000 GALS $28.08 $33.35 $33.88 $41.72 $34.09 $33.37 $50.16 Y $36.38 Y $25.96 ($10.42) Y $36.38 Y $26.96 ($9.42) x COLLEYVILLE PROPOSED INCLUDES PASS THROUGH OF TRA RATE INCREASE PER 1,000 GALLONS OF WATER USAGE ($.O5) AND SEWER USAGE ($.10) ON ALL GALLONS OF USAGE, INCLUDING THE FIRST 2,000 GALLONS INCLUDED IN THE MINIMUM BILL $11.52 $8.60 ($2.92) $11.52 $8.80 ($2.72) 2.000 2,000 $15.22 $8.60 ($6.62) $15.22 $8.80 ($6.42) $1.72 $2.66 $3.26 $3.18 $2.78 $2.61 $3.00 $2.74 $2.17 ($0.57) $2.74 $2.27 ($0.47) ORDINANCE 0-11-1788 AMENDING SECTION 1, SECTION 2 AND SECTION 8 OF ORDINANCE 0-89-741 AND SECTIONS 3A AND 3B OF THE WATER AND SEWER POLICY AND PROCEDURE MANUAL OF THE CITY OF COLLEYVILLE BY INCREASING THE MINIMUM WATER BILL AND THE MINIMUM SEWER BILL TO INCORPORATE TRINITY RIVER AUTHORITY (TRA) RATE INCREASES ON THE FIRST 2,000 GALLONS OF WATER USAGE INCLUDED IN THE MINIMUM WATER BILL AND THE FIRST 2,000 GALLONS OF SEWER USAGE INCLUDED IN THE MINIMUM SEWER BILL AND PROVIDING FOR FUTURE TRA RATE INCREASES TO ALSO BE PASSED THROUGH ON THE WATER AND SEWER MINIMUM BILL USAGE WHEREAS, the City Council desires to implement water and sewer rates, which will provide for a financially viable Utility Fund; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Section 1 of Ordinance 0-89-741 and Section 3A of the Water and Sewer Policy and Procedure Manual of the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be amended to read as follows: Water Rates for In-City Customers: Minimum per month charge All usage over 2,000 gallons Water Rates for Out-of-City Customers: Minimum per month charge All usage over 2,000 gallons $12.10 $3.48 per 1,000 gallons $16.10 $3.48 per 1,000 gallons Sec. 3. THAT Section 2 of Ordinance 0-89-741 and Section 3B (2) of the Water and Sewer Policies and Procedure Manual for the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be amended to read as follows: Ordinance 0-11-1788 Page 2 of 3 (1) A minimum monthly sewer charge shall be charged to all customers in the amount of $8.80 per residence or business occupancy. (2) A monthly sewer volume charge shall also be charged to all customers in the amount of $2.17 per 1,000 gallons of water used over and above 2,000 gallons minimum sewer produced, as more specifically set forth hereinafter. The sewer volume charge for residential customers will be based upon the individual customer's average monthly water use during the nearest 1,000 gallons (breaking point being 500). The volumes used to calculate these sewer charges are based upon the amount of water used by the residential class customer as measured by the water meter. Where no preceding winter quarter average is available from records, a volume of 7,000 gallons shall be used for this volume charge. Sec. 3 THAT Section 8 of Ordinance 0-89-741 be amended to read as follows: The City Council may by Resolution increase water and sewer rates to pass through direct rate increases, originated by the Trinity River Authority, on a per 1,000 gallons basis for water delivery or sewer treatment charges on all water and sewer gallons billed and those gallons of usage included in the water and sewer minimum bill. Sec. 4. THAT the effective date for this ordinance shall be February 1, 2011. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2011. The second reading and public hearing being conducted on the 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor day of day of Ordinance 0-11-1788 Page3of3 APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney File Number: R-11-3308 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3308 File Type: Resolution Status: Resolution Version: 1 Requester: Fire Department Agenda Date: 01/04/2011 Agenda No.: 6a Controlling Body: City Council Final Action: File Name: Approval to amend and replace Resolution R-09-3183, adopting Rules of Procedure related to Section VIII, Memorials, pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date Attachments: Colleyville Fire Department Standard Operating Procedures - Funeral and Memorial Service Participation • Colleyville Police Department - General Orders Manual - 323.00 Funeral and Memorial Service Participation • Resolution R-11-3308.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/04/2011 City Council Title Approval to amend and replace Resolution R-09-3183, adopting Rules of Procedure related to Section VIII, Memorials, pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date Explanation Reading and Public Hearing Staff is proposing changes in the City Council Rules of Procedures, Section VIII, Memorials, regarding actions taken in the event of a line of duty death in the Police or Fire Department . The recommendations will provide for the separation of the Police and Fire Department employee groups from other employee groups and allow both departments to address line of duty deaths and associated activities within each department's Standard Operating Procedures (SOP's), which provide administrative guidance for the governance of each department, as developed by the Chief of Police and Fire Chief, respectively. The information contained in each department's SOP's allows staff to determine actions, levels of commitment and participation based on the relationship of the deceased to the City . Each department's SOP's are attached for City Council review. Staff also recommends the inclusion of language to address recognition of deceased community volunteers. The proposed modifications are as follows: Section 8.1 Memorials, remove the phrase, "Colleyville Firefighters or Police Officers who die while in service with the City and other firefighters or police officers employed by other cities". City of Colleyville Page 1 Printed on 12/30/2010 Aaenda Briefinp Continued (R-11-33081 Section 8.1, Subsection B, remove the sentence, "At no time will City equipment be used for the transport of a casket or in a funeral procession for elected or appointed officials" and replace with "At the family's request and with City Manager approval, members of the Colleyville Police and Fire Department Honor Guard may attend the funeral of a current or former City elected official, as representatives of the City". Section 8.1, add Subsection D. Recognition of community volunteers. Due to the significant number of community volunteers assisting a multitude of organizations across the City of Colleyville, it will not be the practice of the City to recognize these individuals in a formal capacity. During a City Council meeting, elected officials may, at their discretion, verbally recognize the efforts of these individuals and their service to Colleyville during the agenda item for Announcements, Proclamations and Presentations. Section 8.2, remove the sentence, "Consistent with federal code, the City shall lower the Flag of the United States in honor of a Colleyville Firefighter or Police Officer who dies while in service with the City. The Colleyville City Manager, consistent with federal code, may lower the Flag of the United States for other firefighters or police officers employed by other cities." Add Section 8.3 Use of City equipment and personnel. At no time will City equipment be used to carry the casket or participate in the funeral procession of a deceased, current, or former City elected official, board, commission, committee member, or community volunteer. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 12/30/2010 ~ ' ~ COLLEYVILLE FIRE DEPARTMENT Standard Operating Procedures FUNERAL $c MEMORIAL SERVICE PARTICIPATION Chapter: 1 Section: A Sub-Section: 7 The following shall serve as the policy for fire department participation during any funeral or memorial service related to a current or retired firefighter, City elected official, firefighter family member, or community volunteer. I. Line of Duty Colleyville Firefighter A. An officer of the Colleyville Fire Department will be assigned to the family as a city/department liaison until the fallen firefighter is laid to rest. B. The Colleyville Fire Department Honor Guard will be offered to the family to provide pallbearer, casket guard, and flag folding duties at the conclusion of the funeral service. C. A Colleyville fire apparatus will be offered to the family for carrying the fallen firefighter from the funeral home to the memorial service and to the final resting place. D. Neighboring communities will be contacted to provide full staffing of all Colleyville fire stations on the day of the funeral from 7am until all on duty personnel have returned from the funeral service. E. Colleyville fire apparatus, at the discretion of the Fire Chief, will be part of the funeral procession unless otherwise requested by the family not to participate. F. All Colleyville fire personnel may attend the service and interment at their discretion. II. Off Duty Colleyville Firefighter A. The Colleyville Fire Department Honor Guard will be offered to the family to provide pallbearer, casket guard, and flag folding duties at the conclusion of the funeral service. B. Neighboring communities will be contacted to provide full staffing of all Colleyville fire stations on the day of the funeral from 7am until all on duty personnel have returned from the funeral service. C. A single Colleyville fire apparatus will be part of the funeral procession unless otherwise requested by the family not to participate. Page 1 ~ ' ~ COLLEYVILLE FIRE DEPARTMENT Standard Operating Procedures FUNERAL $c MEMORIAL SERVICE PARTICIPATION Chapter: 1 Section: A Sub-Section: 7 D. All Colleyville fire personnel may attend the service and interment at their discretion. III. Retired Colleyville Firefighter A. The Colleyville Fire Department Honor Guard will be offered to the family to provide pallbearer, casket guard, and flag folding duties at the conclusion of the funeral service. B. All off-duty personnel are encouraged to attend if possible. C. No on-duty personnel will be used for any portion of the funeral. D. A single staff vehicle (i.e. Expedition) may be taken by Honor Guard personnel and utilized in the procession, as appropriate, if services are held within 100 miles of the City of Colleyville. IV. City Elected Official A. At the request of the family and with City Manager approval, members of the Fire Department Honor Guard may be sent as representatives of the City. No on duty personnel or equipment will participate in the service at any time. B. All off-duty personnel are encouraged to attend if possible. V. Firefighter Family Member A. All available off-duty personnel are encouraged to attend if possible. B. No on duty personnel or equipment will be used for any portion of the funeral or related procession. VI. Community Volunteer A. All available off-duty personnel are encouraged to attend if possible. B. No on duty personnel or equipment will be used for any portion of the funeral or related procession. Page 2 ~' ~ COLLEYVILLE FIRE DEPARTMENT Standard Operating Procedures Chapter: 1 Section: A Sub-Section: 7 C. Members of the Citizen Fire Academy Alumni Association/Rehab Team may choose to attend and may utilize the Rehab vehicle in the funeral procession. Page 3 COLLEYVILLE POLICE DEPARTMENT GENERAL ORDERS MANUAL Effective Date Amended Date Directive December 15, 2010 323.00 Subject 323.00 FUNERAL 8c MEMORIAL SERVICE PARTICIPATION Reference Distribution Review Date Pages FUNERAL $c MEMORIAL SERVICE 3 PARTICIPATION 323.00 FUNERAL & MEMORIAL SERVICE PARTICIPATION The following shall serve as the policy for police department participation during any funeral or memorial service related to a current or retired police officer, City elected official, police officer family member, or community volunteer. 323.01 LINE OF DUTY COLLEYVILLE POLICE OFFICER A. An officer of the Colleyville Police Department will be assigned to the family as a city/department liaison until the fallen police officer is laid to rest. B. The Colleyville Police Department Honor Guard will be offered to the family to provide pallbearer, casket guard, and flag folding duties at the conclusion of the funeral service. C. A Colleyville police vehicle will be offered to escort the family to the funeral home, to the memorial service, and to the final resting place. D. Neighboring communities will be contacted to provide full staffing for the Colleyville Police Department Patrol Division on the day of the funeral until all on duty personnel have returned from the funeral service. E. Colleyville police vehicles, at the discretion of the Chief of Police, will be part of the funeral procession unless otherwise requested by the family not to participate. F. All Colleyville police personnel may attend the service and interment at their discretion. COLLEYVILLE POLICE DEPARTMENT GENERAL ORDERS MANUAL COLLEYVILLE POLICE DEPARTMENT GENERAL ORDERS MANUAL Directive Subject 323.00 FUNERAL & MEMORIAL SERVICE PARTICIPATION 323.02 OFF DUTY COLLEYVILLE POLICE OFFICER A. The Colleyville Police Department Honor Guard will be offered to the family to provide pallbearer, casket guard, and flag folding duties at the conclusion of the funeral service. B. Neighboring communities will be contacted to provide full staffing for the Colleyville Police Department Patrol Division on the day of the funeral until all on duty personnel have returned from the funeral service. C. A Colleyville police vehicle will be part of the funeral procession unless otherwise requested by the family not to participate. D. All Colleyville police personnel may attend the service and interment at their discretion. 323.03 RETIRED COLLEYVILLE POLICE OFFICER A. The Colleyville Police Department Honor Guard will be offered to the family to provide pallbearer, casket guard, and flag folding duties at the conclusion of the funeral service. B. All off-duty personnel are encouraged to attend if possible. C. No on-duty personnel will be used for any portion of the funeral. D. A police vehicle may be taken by Honor Guard personnel and utilized in the procession, as appropriate, if services are held within 100 miles of the City of Colleyville. 323.04 CITY ELECTED OFFICIAL A. At the request of the family and with City Manager approval, members of the Police Department Honor Guard may be sent as representatives of the City. No on duty personnel or equipment will participate in the service at any time. B. All off-duty personnel are encouraged to attend if possible. 2 COLLEYVILLE POLICE DEPARTMENT GENERAL ORDERS MANUAL COLLEYVILLE POLICE DEPARTMENT GENERAL ORDERS MANUAL Directive Subject 323.00 FUNERAL & MEMORIAL SERVICE PARTICIPATION 323.05 POLICE OFFICER FAMILY MEMBER A. All available off-duty personnel are encouraged to attend if possible. B. No on duty personnel or equipment will be used for any portion of the funeral or related procession. 323.06 COMMUNITY VOLUNTEER A. All available off-duty personnel are encouraged to attend if possible. B. No on duty personnel or equipment will be used for any portion of the funeral or related procession. C. Members of the Citizen Police Academy Alumni Association may choose to attend and may utilize the Citizens on Patrol vehicle in the funeral procession. 3 COLLEYVILLE POLICE DEPARTMENT GENERAL ORDERS MANUAL RESOLUTION R-11-3308 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-09-3183 ADOPTING RULES OF PROCEDURE RELATED TO SECTION VIII, MEMORIALS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.09B OF THE CITY CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-09-3183, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-11-3308 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. REPEAL 2.1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-11-3308. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS, THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of the Charter provides that the City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter, may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetinqs to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 Citv Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. 2.4 Minutes of Meetinqs. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. 2.5 Questions to Contain One Subiect. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. City Council Rules of Procedures Page 2 of 11 2.6 Citv Manaqer. The City Manager shall attend all City Council meetings unless expressly excused. The City Manager may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 Citv Attornev. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or designated representative, during the course of daily affairs of the City. The City Attorney may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 Citv Secretarv. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Emplovees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.11 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. City Council Rules of Procedures Page 3 of 11 SECTION III. TYPES OF MEETINGS 3.1 Reqular Meetinqs. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 5:30 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetinqs. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a"reasonably unforeseeable situation". 3.3 Recessed Meetinqs. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetinqs. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. The City Council may establish regular worksession meetings immediately prior to regular City Council meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City Council. The agenda for the Pre City Council meeting shall include, among other items: City Council Rules of Procedures Page 4 of 11 routine reports, information related to the regular agenda items and issues for which the City Manager seeks direction or clarification. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presidinq Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro Tem's absence, any other Councilmember to take the Mayor's place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. 4.8 Written Correspondence. A citizen's request in the reading of a statement into the public record as part of a City Council agenda item is at the sole discretion of any member or all of the governing body. The City Council is not obligated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City City Council Rules of Procedures Page 5 of 11 Council public hearing. The City Council, any or all Councilmembers, may elect to provide for a reading of the correspondence, make reference indicating the general position of the correspondence, or pass over the correspondence. The correspondence is provided to City Council and is included in the City Council agenda packet. SECTION V. AGENDA 5.1 Preparation of Aqenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours proceeding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. - Executive Conference Room 2. Executive Session - 5:30 p.m. - Executive Conference Room 3. Call to Order - 7:30 p.m. - Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda 11. Staff Reports City Council Rules of Procedures Page 6 of 11 12. Reports of Advisory Boards, Commissions and Committees (to include written monthly status reports on all currently operating projects/development committees) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation - five minutes b. Open Public Hearing c. Applicant introductory presentation - five minutes d. Citizen comments - five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) e. Applicant presentation - ten minutes f. Close Public Hearing g. City Council discussion and vote h. In the alternative, the item may be continued to a future meeting of the City Council. 1. If the City Council wishes to consider additional public testimony, the pubic hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Aqenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from City Council Rules of Procedures Page 7 of 11 the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations bv Citv Manaqer. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or designated staff. 5.4 Citizen Participation at Meetinqs. A. Presentations by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be allowed to speak, provided prior to the consideration of the item; said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed Speaker's Cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not On The Agenda". The presentation time period is as listed herein Section 5.4 A. City Council Rules of Procedures Page 8 of 11 SECTION VI. DECORUM AND DEBATE 6.1 Decorum and Debate. A. When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. B. No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. C. Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. D. Questions from speakers to the City Council with request for an immediate answer, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. E. Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. F. No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. City Council Rules of Procedures Page 9 of 11 G. The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. H. If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS 7.1 Procedures for Citv Council Appointments. The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. A. Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Colleyville Communicator (if timely). Upon review of the Applications for Appointment, City Council will determine if interviews shall be conducted. If Council desires, interviews will be conducted prior to a City Council meeting, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session. City Council Rules of Procedures Page 10 of 11 If no applications are received or fewer applications than open positions are received, the City Council may fill positions from the floor or request the City Secretary to advertise the open position(s). In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. B. The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: a. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: b. The Mayor shall open the floor for nominations and if there are no nominations, the Mayor will call on each Councilmember for a nomination. c. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. d. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. e. Return to Step b and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS 8.1 Memorials. The following procedures are for honoring deceased current or former City elected officials, sitting board, commission or committee members and community volunteers. A. Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, flowers or a plant will be sent to the memorial service and a sympathy card will be sent to the family. A Memorial Proclamation, honoring the official, will be sent to the memorial service or to the family. The City Manager's Office will coordinate the donation of a book, in which the official's name is inscribed on a bookplate inside of the book, to the Colleyville Public Library, in an amount not to exceed $50.00. A letter from the Library Director will notify the family of the book donation. B. At the family's request and with City Manager approval, members of the Colleyville Police and Fire Department Honor Guard may attend the funeral of a current or former City elected official as representatives of the City. C. Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the City Manager's Office will forward a sympathy card to the family. City Council Rules of Procedures Page 11 of 11 D. Recognition of the death of community volunteers. Due to the significant number of community volunteers assisting a multitude of organizations across the City of Colleyville, it will not be the practice of the City to recognize these individuals in a formal capacity. During a City Council meeting, elected officials may, at their discretion, verbally recognize the efforts of these individuals and their service to Colleyville during the agenda item for Announcements, Proclamations and Presentations. 8.2 Recoqnition bv lowerinq of the United States Flaq. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. 8.3 Use of Citv equipment and personnel. At no time will City equipment be used to carry the casket or participate in the funeral procession of a deceased, current or former City elected official, board, commission, committee member or community volunteer. 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: 01/04/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports - January 4, 2011 Attachments: Parks and Recreation Advisory Board Minutes - May 3, 2010 • Zoning Board of Adjustment Minutes June 8, 2010 • Sign Board of Appeals Minutes - September 14, 2010 • Senior Center Advisory Committee Minutes - September 16, 2010 • Library Board Minutes - October 11, 2010 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/04/2011 City Council Title Parks and Recreation Advisory Board Minutes - May 3, 2010 Zoning Board of Adjustment Minutes - June 8, 2010 Sign Board of Appeals Minutes - September 14, 2010 Senior Center Advisory Committee Minutes - September 16, 2010 Library Board Minutes - October 11, 2010 City of Colleyville Page 1 Printed on 12/30/2010 Git y of ~ ° Il~ TexaS PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, May 3 , 2010 6:00 p.m. Steve Dalri called the meeting to order at 6:00 p.m. on Monday, May 3, 2010, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, John Gooding, Debby Abitz, Suzanne Hughes, Rick Paddock, and Ken Llewellyn ABSENT: Nancy Coplen, Natalie Genco, and Vince Rosen STAFF: Monica Walsh, Director of Parks and Recreation, Sissy White, Recreation Supervisor 1. Call to Order 2. Approval April 5, 2010 Parks and Recreation Advisory Board Minutes John Gooding made a motion to approve the minutes as read. Debby Abitz seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports. Sissy White, Recreation Supervisor, presented a report on the ongoing programs. 4. Park Operations and Capital Improvement Status Report Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 5. Citizen Comments/Presentations Regarding Items not on the Agenda None 6. Adjournment Rick Paddock moved to adjourn at 6:34 p.m. John Gooding seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~ ~'~ Monica Sue Walsh, Parks and Recreation Director ""'=~~-~. Cit`, of Colle`, ville City Hall ~, ' 1 1 100 Main Street ~ }~s~~~~;:~ Colleyville, Texas 76034 Minutes - Final 817.503.1000 `' `'" www.colleyville.com Zoning Board of Adjustment Tuesday, June 8, 2010 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Vice Chairman Moore at 7:06 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Skip Reynolds, Ed Moore and Tracy Doyle (Alternate 2) Absent: Board members Kevin Sams, Dee McNosky and Bruce Mayhew (Alternate 1) Staff present: Ron Ruthven, Marty Wieder and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Reynolds moved to approve the March 9, 2010 meeting minutes as written. Board member poyle seconded. The motion carried by the following vote: Aye: 4- Gotcher, Reynolds, Moore, Doyle, Alt. 2 Absent: 3- Sams, McNosky, Mayhew, Alt. 1 5. AGENDA ITEMS 5a Case VC10-003 - PUBLIC HEARING - Request for a variance to the parking regulations of Chapter 3 of the Land Development Code on Lot 8A, Block 1 of the Thompson Terrace Addition located at 5117 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Board member Gotcher questioned staff if any correspondence had been received since the packets and notices were delivered. Ron Ruthven replied no. Norman Gibson, the applicant and property owner, came forward to present the request and brief the Board members. City of Colleyville Page 1 Printed on 12/14/2010 Zoning Board of Adjustment Minutes - Final June 8, 2010 Vice Chairman Moore opened the public hearing at 7:14 p.m. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Board member Reynolds moved to approve case VC 10-003 as presented. Board member Gotcher seconded. The motion carried by the following vote: Aye: 4- Gotcher, Reynolds, Moore, Doyle, Alt. 2 Absent: 3- Sams, McNosky, Mayhew, Alt. 1 6. ADJOURNMENT The meeting adjourned at 7:16 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 27, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 8, 2010. City of Colleyville paye 2 Printed on 12/14/2010 ,,, ~~~~ ~~~ ~ r, ~.~: Tuesday, September 14, 2010 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 September 14, 2010 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Skip Reynolds, Ed Moore, Kevin Sams, Dee McNosky and Tracy Doyle (Alternate 2) Absent: Board member Bruce Mayhew (Alternate 1) Staff present: Ron Ruthven, Marty Wieder and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the February 9, 2010 meeting minutes as written. Board member poyle seconded. The motion carried by the following vote: Aye: 6- Gotcher, Reynolds, Moore, Sams, McNosky, Doyle, Alt. 2 Absent: 1- Mayhew, Alt. 1 5. PUBLIC HEARING AGENDA ITEMS 5a Case SC10-002 - Approval of a request for a variance from the sign regulations for a monument sign on Lot 5, Block 1 of the Winding Creek Addition located at 6508 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Mark Cook, representative for the applicant, came forward to present the case and brief the Board members. Board member Moore questioned Mr. Cook if the current sign will be removed. Mr. Cook replied yes. Board member Moore questioned Mr. Cook regarding the placement of the proposed sign. Mr. Cook explained the location of the sign. City of Colleyville Minutes - Final Sign Board of Appeals City of Colleyville Page 1 Printed on 12/14/2010 Sign Board ofAppeals Minutes - Final September 14, 2010 Board member Moore moved to approve case SC 10-002. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5- Gotcher, Reynolds, Moore, Sams, McNosky 5b Case SC10-003 - Approval of a request for a variance from the sign regulations for an electronic sign on Lot 7R1, Block 1 of the Heritage Office Parc Addition located at 5203 Heritage Avenue Ron Ruthven presented the case and briefed the Board members. Board member Gotcher questioned staff regarding the language in the briefing that states staff does identify a hardship but the recommendation is denial. Ron Ruthven clarified that it should state staff does not recognize a hardship with this request. Dr. Robert True, the applicant and property owner came forward to present the case and brief the Board members. Ron Journagan, representative with the applicant, came forward to present a video for the Board members. Board member Reynolds stated there are two hardships with this request, the first one being the economy and the second one, the businesses on Colleyville Boulevard are able to have a sign that changes its messages every 10 seconds. He stated this applicant would like those same advantages as the businesses on Colleyville Boulevard. Dr. True concurred. Board member Moore stated a revolving sign is not allowed on Colleyville Boulevard. Ron Ruthven stated a moving or scrolling sign is not allowed; however they can change their message more frequently. Board member Gotcher questioned staff if monument signs and signs posted on the buildings are allowed on Colleyville Boulevard. Ron Ruthven replied yes. Chairman McNosky questioned staff regarding if City Council has approved the sign regulations as written and that the Board is suppose to abide by those rules; correct? Ron Ruthven replied yes. Chairman McNosky questioned staff regarding if other similar requests have been applied for and denied. Ron Ruthven replied yes. Discussion occurred between staff and the Board members regarding City of Colleyville paye 2 Printed on 12/14/2010 Sign Board of Appeals Minutes - Final September 14, 2010 past cases and the location of this proposed sign. Ron Ruthven stated that animation, scrolling or flashing signs are prohibited regardless of the location of the business. Board member Gotcher stated the location of this sign would be somewhat dangerous because it is located on the side of the building and not on a monument sign therefore the driver will have to turn his head to read the sign. Dr. True stated the school sign is not visible from his location. Board member Gotcher questioned Dr. True regarding if he knew about the sign regulations at the time he constructed the building. Dr. True replied yes. He stated he knew he could have an electronic sign and knew that he could apply for a variance to fit his needs. He stated he is trying to help the people of Colleyville and remain competitive. Board member Reynolds stated being satisfied with the request and that the request has a hardship. Chairman McNosky questioned staff regarding how many pockets of this type of area of industry are there in Colleyville. Ron Ruthven replied the properties located around Heritage High School, Glade and Precinct Line Road. Chairman McNosky stated this area developed after the sign regulations were adopted and the focus was Colleyville Boulevard. She stated this is a unique area and situation that was not considered when these regulations were considered. She stated this may be an instance for the City Council to review. Board member Moore questioned staff regarding if this area can be considered an industrial area. Ron Ruthven replied no, this area is primarily offices. Andrew Anderson, 5209 Heritage Avenue, spoke in support of this request. He stated he is Dr. True's neighbor and this sign is done very well. He stated this will provide a service to Colleyville. He stated the high school sign is not visible from this location. Board member Reynolds moved to approve case SC10-003. Board member McNosky seconded. The motion failed by the following vote: Aye: 2 - Reynolds, McNosky Nay: 3- Gotcher, Moore, Sams City of Colleyville Page 3 Printed on 12/14/2010 Sign Board of Appeals Minutes - Final September 14, 2010 5c Case SC10-004 - Approval of a request for a variance from the sign regulations regarding sign placement on Lot Tract 3C1, Abstract 963 of the A.J. Lott Survey located at 6607 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Lynn Bural, representative for the applicant, came forward to present the request and brief the Board members. Board member Moore questioned Mr. Bural regarding the location of the sign. Mr. Bural stated the location is at the north end of the building. Discussion occurred between the Board members and Mr. Bural regarding the location of the sign with exhibits presented by Mr. Bural. Board member Gotcher questioned staff regarding the limitation on the square footage. Ron Ruthven stated the square footage limitation is 112 square feet. Board member Gotcher replied this sign is under that limitation since it is only 96 square feet. Chairman McNosky questioned staff regarding if the similar requests had to meet the square footage requirements. Ron Ruthven replied correct. Board member Moore questioned the Board members if there were going to be two votes, one for the height and one for the placement of the sign. Board members concurred that there would be two votes. Board member Reynolds stated businesses are having difficulty surviving in this economy. He stated not agreeing with staff's recommendation. Board member Reynolds moved to approve case SC10-004. Board member Gotcher questioned staff regarding if the sign, that was there before, was 10 feet in height. Ron Ruthven replied not knowing of the previous sign. Mr. Bural stated the State tore down the 5 x 10 sign. Board member Sams questioned if the sign was in compliance with the sign regulations then or the sign regulations now. Ron Ruthven replied he would have to research it. Board member Gotcher questioned staff regarding the sign variance approved for Dr. Miller. What was the height approved for that sign? Ron Ruthven replied 12 feet. Board member Gotcher seconded the motion. City of Colleyville Page 4 Printed on 12/14/2010 Sign Board of Appeals Minutes - Final September 14, 2010 The motion failed by the following vote: Aye: 3- Gotcher, Reynolds, McNosky Nay: 2 - Moore, Sams Board member Sams requested to make a motion on the items se pa rately. Board member Sams moved to approve case SC10-004 for the setback request. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5- Gotcher, Reynolds, Moore, Sams, McNosky Board member Moore moved to deny case SC10-004 for the height request. Motion dies for lack of a second. Board member Reynolds moved to approve case SC10-004 for the height request. Motion dies for lack of a second. Board member Gotcher requested a friendly amendment to the height request with regards to what the Board would allow. He stated Dr. Miller was granted 12 feet. He stated he would suggest 10 feet in height. Board member Gotcher moved to approve case SC10-004 with a height limitation of 10 feet. Mr. Bural stated he thinks this business is close to moving out of Colleyville and that the landlord has stated a sign will help this business. Board member Gotcher removed his original motion to approve case SC10-004 with a height limitation of 10 feet, back to the original request of 12 feet in height. Board member Reynolds seconded. Board member Reynolds stated the Board needs to help these businesses. Board member Moore stated 12 feet is too high. Board member Reynolds stated the widening of SH16 has created this hardship. Board member Gotcher stated Dr. Miller's request was above the City of Colleyville Page 5 Printed on 12/14/2010 Sign Board of Appeals Minutes - Final September 14, 2010 square footage limitation and this request is under that limitation. Board member Moore stated he voted against that request. The motion failed by the following vote: Aye: 3- Gotcher, Reynolds, McNosky Nay: 2 - Moore, Sams Board member Gotcher moved to approve case SC10-004 with the 10 foot height limitation. Board member Reynolds seconded. The motion failed by the following vote: Aye: 3- Gotcher, Reynolds, McNosky Nay: 2 - Moore, Sams 6. ADJOURNMENT The meeting adjourned at 8:02 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 10, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 8, 2010. City of Colleyville Page 6 Printed on 12/14/2010 G~tY o~ ~ ~ ~~ 7'exas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, September 16, 2010 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:45 p.m. on Thursday, September 16, 2010 by Wanda Johnson, Vice Chair. ROLL CALL: Anne Gifford, Molly Skinner, Wanda Johnson and Don Davis ABSENT: Debra Minea, Susan Thomason and Dorothy Parker STAFF: Monica Sue Walsh, Parks and Recreation Director 1. Call to Order and Roll Call 2. Approval of the July 15, 2010 Senior Center Advisory Committee Minutes Don Davis made a motion to approve the minutes with one minor correction. Molly Skinner seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center Wish List Don Davis gave the Committee an update on the installation of the flag pole light. He advised that the Lions Club have everything needed for installation. 4. Discussion of Items of Interest for Potential Future Action None 5. Reports - Staff and Committees Monica Sue Walsh, Parks and Recreation Director gave an overview of the senior activities and programs. 6. Citizen comments/presentation regarding items not on the agenda None Senior Center Advisory Committee September 16, 2010 Page 2 of 2 7. Adjournment Don Davis moved to adjourn at 2: 05 p.m. Anne Gifford seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: .~~atPu~ E. ./!/lac~fce Kathy E. Moore, Administrative Assistant COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES October 11, 2010 CALL TO ORDER - Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:06 p.m. ROLL CALL - Members present: Pat Jones, Jerome Davis, Billie Tuttle, Mary Alice Rippe and Charna Logan-Gray Members Absent: Karen Birkes and Thad Bolline Alternates Present: Linda Bond and Amy Dowell Ex-Officio Members Present: Vicki Smith and Cecilia Monacelli Ex-Officio Members Absent: Steve Banta, Jorge Rodriguez, Larry Darlage, Mayor David Kelly, Mary Smith and Kay Newton Staff present: Mary Rodne and Terry Leake II. ELECTION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD CHAIR Chair Jerome Davis opened the floor for nominations for Library Board Chair. A motion was made by Pat Jones and seconded by Mary Alice Rippe to nominate Jerome Davis. Motion approved unanimously. III. ELECTION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD VICE CHAIR Chair Jerome Davis asked for nominations for Library Board Vice Chair. A motion was made by Pat Jones and seconded by Billie Tuttle to nominate Mary Alice Rippe. Motion approved unanimously. IV. APPROVAL OF SEPTEMBER 13, 2010 MINUTES - A motion was made by Linda Bond and seconded by Charna Logan-Gray to approve the September 13, 2010 Minutes as corrected. Motion approved unanimously. V. LIBRARIAN'S REPORT A. Monthly Statistics In September, patrons had checked out a total of 17,527 items, 68 Colleyville residents registered for library cards, library patron visits totaled 6,829, attendance for programs totaled 201, and volunteer hours totaled 169 hours. It was noted that September 2010 statistics were less than September 2009 because the Library offered limited program options due to anticipated construction. Rodne also reported that the Library's fiscal year had ended on September 30, 2010, and noted that Library usage had increased slightly over last Fiscal Year in most key performance measures, in spite of the limited program offerings in September. During Fiscal Year 2009-2010, patrons checked out 244,458 items, 1,067 Colleyville residents had registered for Library cards, patron visits totaled 111,410, and attendance for programs totaled 17,719. Rodne concluded that Library staff anticipated Fiscal Year 2010-2011 Library usage statistics would be down because of programming interruptions during the Second Floor Expansion Project. B. Donations Director Rodne reported that the Library had received a total of $1,050 in donations in September. Donations included: $475 from various donors in memory of James (Jim) Moore; $500 from Elizabeth and Matt Westbrook; and $75 from the Friends of the Library, which was a speaking honorarium donated to the Friends for the Library. Rodne noted that the Library had designated the donations received in Memory of Jim Moore and the donation from the Elizabeth and Matt Westbrook for the Second Floor Expansion Project. C. Programs Director Rodne reported that the Library was continuing to offer limited programming; weekly drop-in story times, and Saturday family movie days and craft days, and noted that the programs would end the week of November 15, 2010. Rodne concluded that programs would not be offered again until after the Second Floor Expansion was completed in March of 2011. D. Dulce Moore Second Annual Short Story Contest Director Rodne announced that the Library was going to co-sponsor the second annual short story writing contest in honor of Dulce Moore with the North Texas Professional Writers' Association, and added that the winners would be announced at the Library's Grand Re-Opening in April 2011. VI. APPOINTMENT OF NORTH TEXAS LIBRARY PARTNERS SYSTEM ASSEMBLY REPRESENTATIVE AND ALTERNATIVE REPRESENTATIVE Director Mary Rodne explained that as a member of the North Texas Library Partners System, the Library Board must appoint a System Assembly Representative and an alternate. Rodne added that the System Assembly Representative's role is to represent the library as a voting member at annual System meetings. Chair Jerome Davis asked for nominations for representatives. A motion was made by Pat Jones and seconded by Mary Alice Rippe to nominate Billie Tuttle to serve as the North Texas Regional Library System Assembly Representative and Mary Alice Rippe to serve as the alternate. Motion approved unanimously. VII. COLLEYVILLE PUBLIC LIBRARY SECOND FLOOR EXPANSION UPDATE Assistant City Manager/Chief Financial Officer Terry Leake reported that the Colleyville Public Library Second Floor Expansion Project was going to be advertised by the City Engineering Department the weeks of October 10, October 17 and October 24, 2010. Leake explained that bids would be opened on November 1, 2010, and that the bids would be evaluated based on four sections of criteria, which would include the proposed contract amount, key project personnel with similar project experience, reference quality performance record from previous work, and financial and organizational stability. Leake added that staff anticipated submitting a contract to City Council for consideration of an award at the City Council meeting on November 16, 2010. Leake concluded with an overview of the Project Budget, and noted that the project was scheduled to be completed in March 2011. VIII. CITY OF COLLEYVILLE FY2011 BUDGET SCHEDULE UPDATE Assistant City Manager/Chief Financial Officer Terry Leake reported that the City Council had adopted the FY2011 budget at the September 21, 2010, City Council meeting and presented an overview of the approved Colleyville Public Library FY2011 budget. IX. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Vicki Smith reported that the Friends of the Library had held a General Meeting on September 30, 2010, and that following a brief ineeting, local author Rita Dear spoke about her Eutopian Destiny series of books. Smith added that the Friends of the Library were planning to hold a used book sale in conjunction with the Race to Read scheduled on November 6, 2010. Additionally, Smith noted that the Friends were planning to schedule another used book sale in the spring after the completion of the Second Floor Expansion Project. X. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Cecilia Monacelli opened with a reminder that the Library Foundation's primary fundraiser, the Race to Read, was scheduled to be held on November 6, 2010, and noted that the event was including more activities this year, including a breakfast served by the Colleyville Lions Club, live pig racing, Disc Jockey Bill Cody, games, crafts and other activities. Monacelli also noted that proceeds from the event would provide support to the Library's Second Floor Expansion Project. Additionally, Monacelli reported that the Foundation had updated their website, and that the Library would be taking the Big Piggy Bank to Market Street on October 16, 2010, from 10:00 AM - 2:00 PM to promote the Library Foundation's Big Piggy Bank Fill fundraiser. XI. NEXT MEETING DATE Chair Jerome Davis noted that the next Library Board meeting would be held on November 8, 2010, unless there would be no agenda items. XII. SUGGESTED ITEMS FOR FUTURE MEETINGS XIII. CITIZEN COMMENTS None XIV. ADJOURN: A motion was made by Pat Jones and seconded by Jerome Davis to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:00 p.m. RESOLUTION R-11-3309 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 4, 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 not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor