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HomeMy WebLinkAboutCity Council-Agenda Packets-1/18/2011City of Colleyville Agenda Clt~/ COUf1Cll City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 18, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation on health care reform legislation and the effect on the City Attachments: PC-1.pdf Health Care Reform Presentation.pdf PC-2 Discussion of the establishment of an Architectural Review Commission Attachments: PC-2.pdf City of Colleyville Economic Development Incentive Guidelines and Criteria Resolution R-11-3313.pdf PC-3 Presentation of the Monthly Financial Report - December 2010 Attachments: PC-3.pdf December 2010 Monthly Financial Report.pdf PC-4 Discussion of the January 18, 2011 City Council meeting regular agenda items Attachments: PC-4.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 City of Colleyville Page 1 Printed on 1/14/2011 City Council Agenda January 18, 2011 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Manager 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 Martin Richardson, Crown of Life Lutheran Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION R-11-3310 Attachments: Resolution R-11-3310 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition NECESSARY - Resolution In recognition of the featured Colleyville business - Knobbies & Slicks, 8100 Precinct Line Road, Suite 110, Frank (Bud) and Debbie Zarsk, owners Presentation of award for the City of Colleyville's participation in the Fiscal Year 2009-2010 Metroport Teen Court Program - Kristin White, Metroport Teen Court Coordinator and Karen Hines, Finance Manager Attachments: 3- Announcements, Proclamations and Presentations.pdf City of Colleyville Page 2 Printed on 1/14/2011 City Council Agenda January 18, 2011 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3311 4a Approval of the minutes of the regular City Council meeting of January 4, 2011 Attachments: Resolution R-11-3311 City Council Minutes - January 4, 2011.pdf 4b Authorizing the abandonment of a utility easement for Lot 9, Block 4 of Ashmore Addition, and authorizing the city manager to execute the agreement Attachments: 4b Briefing.pdf Application for the Vacation or Abandonment of a Roadway Easement Location Map for Lot 9, Block 4 of Ashmore Addition 4c Approval of the North Central Texas Major Case Investigative Team (MCIT) Memorandum of Agreement, and authorize the city manager to execute the agreement Attachments: 4c Briefing.pdf MCIT Memorandum of Agreement.pdf 5. ORDINANCE(S): SECOND 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 1/14/2011 City Council Agenda January 18, 2011 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3312 Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an extension to the current electric supply and necessary related services agreement with Next Era for a fixed price per KwH that is lower than contract rates for 2011-2013 Attachments: 6a Briefing.pdf NYMEX Month Closing Prices Jan 2002-Jan 2011.pdf Resolution R-11-3312.pdf 6b R-11-3313 Approval to establish the Architectural Review Commission Attachments: 6b Briefing.pdf City of Colleyville Economic Development Incentive Guidelines and Criteria.pdf Resolution R-11-3313.pdf 6c R-11-3314 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Attachments: 6c Briefing.pdf FY 2011-2015 Utility Rate Plan - Without TRA Rate Increase Pass Through.pdf FY 2011-2015 Plan - Pass Through of TRA Rate Increases Including Minimum Bill Gallons.pdf Water and sewer rate comparison of surrounding cities.pdf Resolution R-11-3314.pdf 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Zoning Board of Adjustment Minutes - December 8, 2010 Sign Board of Appeals Minutes - December 8, 2010 Attachments: 8 - Reports.pdf Zoning Board of Adjustment Minutes- December 8, 2010 Sign Board of Appeals Minutes - December 8, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 18, 2011 - Reading and Public Hearing - Resolution R-11-3315 Attachments: Resolution R-11-3315 City of Colleyville Page 4 Printed on 1/14/2011 City Council Agenda January 18, 2011 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday , January 14, 2011, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 5 Printed on 1/14/2011 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 01/18/2011 Status: Pre Council Controlling Body: City Council Requester: Human Resources Agenda No.: PC-1 Final Action: Department File Name: Presentation on health care reform legislation and the effect on the City Attachments: Health Care Reform Presentation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Presentation on health care reform legislation and the effect on the City Explanation During the discussion of the Fiscal Year 2011 health insurance bid analysis and recommendation at the Pre Council meeting on July 20, 2010, City Council requested that Cooper Corporate Solutions (Cooper), the City's benefits broker and consultant, provide updates of the ongoing health care reform legislation, or Patient Protection and Affordable Care Act, and the effect on the City. Rich Allen, Vice President of Risk Analytics at Cooper, will be presenting the current status of the legislation. Other representatives from Cooper will also be available to answer questions of the City Council. City of Colleyville Page 1 Printed on 1/13/2011 A enda g • Active Leg islative Components • U pcomi ng 2011 Leg islation • 2012 - 2018 Proposed Legislation - Insurance Exchanges ~~ ~~ ~ ~- ,~ The primary purpose of this presentation is to provide an overview of Health Care Reform The following slides contain only the general rules and do not cover every component of the PPACA legislation ~ ~~ ~ _ - ._~~ A ~ Active Le islative Com onents J p • Medicare - 2010: $250 Rebate for individuals who reach Part D coverage gap - 2011 +: 50% discount on covered brand name drugs • Expanded Coverage for Young Adults - Individuals will be allowed to stay on parent's plan u nti I age 26 • Small Business Tax Credits (<26 Employees) - Up to 35% (25% non profit) of employer cost ~~ ~~'~ ~ ;~~ ~ ._~~~~ ~ ~ ~ Active Le islative Com onents J p • Consumer Protections - Removal of lifetime limits - Removal of rescinding coverage (except for fraud) - Removal of pre-existing conditions for children (<19) • Preventive Benefits - Insurance plans must offer minimum coverage with no cost sharing • Changes to Tax Free Savings Accounts - Over the counter medications not prescribed by a physician cannot be reimbursed tax free • Establish Consumer Website - www.healthcare.gov U com i n for 2011. .. p J • Minimum Medical Loss Ratios (MMLR) - Insurers must spend at least 85% of health care premiums on "health services" (>100 employees) - 80% requirement for <100 employees - Insurers that fail to meet these requirements will issue rebates (2012) ~~ ~~ ~ ~- ,~ U com i n for 2011. .. p J • MMLR Administration - Beginning in 2011 Insurers will report the following on an aggregate basis: • Total earned premiums • Total reimbursement for clinical services • Total spending on activities to improve quality • Total spending on all other non-claims costs (excluding federal and state taxes and fees) ~~ ~~ ~ ~- ,~ U com i n for 2011. .. p J • Med icare & Med icaid - Higher Primary Care Physician reimbursements - Improved preventive care - Increasing the number of individuals paying higher Part B and Part D premiums - Medicare Advantage reimbursements frozen at 2010 levels ~~ ~~ ~ ~- ,~ U com i n for 2011. .. p J • Fu nd i ng for I nsu rance Exchanges - Grants given to states to begin planning for the establishment of American Health Benefit Exchanges ~~ ~~ ~ ~- ,~ 2012 - 2018 • 2012 - Voluntary Long Term Care (CLASS) established • 2013 - No cost for Medicaid preventive care - Co-Op (Member Run) insurance companies allowed - Additional Medicare Tax for "wealthy" • 2014 - Establishment of Exchanges - Individual mandated coverage (phased in tax penalties) • 2018 Excise Tax on High Cost Employer Sponsored Coverage - 40% of the excess benefit - Excess benefit defined as greater than • Employee Only - $10,200 • Family -$27,500 (adjusted for age, gender, and cost) Insurance Exchan es g • Exchanges - Administered by the government (or non-profit) - Individuals and small groups (<100 employees) • Employer Responsibilities - Minimum required health coverage -$2,000 fee per full time employee (excluding first 30) for not offering coverage to all employees -$3,000 fee per full time employee that opts out of employer coverage and enters exchange ~~ ~~ ~~ ,. ~- ,~ Fee Im act to Col le vi I le p Y • Impact to Colleyville - An n ual Fee: (171 - 30) x$2, 000 =$282k - Cu rrent Month ly Costs =$139k • I mpact to Employees - Full cost of Exchange policies are unknown - Plan desig ns are u nknown ~~ ~~ ~ ~- ,~ 2012 - 2018 • Effective for 2014, each employer with more than 100 full-time employees must file an annual return with HHS setting forth: - Whether employer covers Essential Health Benefits - Describes any waiting periods - Describes the cheapest health plan offered - Describes the employer's share of the total benefit costs for each plan, and - The number of participants in the plan each month and their names ~~ ~~ ~~ ,. ~- ,~ 2012 - 2018 • Effective 2014 - Wellness "Reward" cannot exceed 30% of the health plan's coverage cost (thoug h the DOL, I RS and H HS have the ability to increase the rewa rd u p to 5 0%). ~~ ~~ ~~ ~. ~- ,~ ~ ~ ~ .~ ~ ~~ ~ ~, ~ 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: 01/18/2011 Controlling Body: City Council Requester: Economic Agenda No.: PC-2 Final Action: 01/04/2011 Development Department File Name: Discussion of the establishment of an Architectural Review Commission Attachments: City of Colleyville Economic Development Incentive Guidelines and Criteria • Resolution R-11-3313. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/04/2011 City Council 1 01/18/2011 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 the Guidelines and Criteria was a new matching grant program with a provision that all applications 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 Colleyville 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. At the January 4, 2011 Pre Council meeting, City Council reviewed and discussed the merits of creating an Architectural Review Commission. City Council directed staff to return with a Resolution for consideration on the January 18, 2011 City Council agenda. Resolution R-11-3313 is attached for further review and discussion by the City Council. City of Colleyville Page 1 Printed on 1/13/2011 CITY OF COLLEYVILLE, TEXAS ECONOMIC DEVELOPMENT INCENTIVE GUIDELINES AND CRITERIA Section 1. General Purpose and Objectives General Purpose The policy herein is intended as a guide for use in developing economic development incentive packages under the provisions of state law. Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose adopted within this set of Guidelines and Criteria. Obiectives The City of Colleyville, Texas, has made a long-term commitment to economic development. The City seeks to foster a more diversified tax base so that it may deliver sustainable government. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give consideration to providing tax abatements and other forms of economic development incentives as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to provide any type of incentive to any applicant. The City of Colleyville's Economic Development Department is charged with retaining existing businesses, attracting new businesses and marketing Colleyville-with the goal of expanding the City's commercial tax base. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish these important tasks: - To identify and assist retail developers, corporate office and medical/physician specialist/ laboratory-related facilities to invest and build new, high quality sales and property tax- generating projects in Colleyville; - To assist landowners in the sale, development, and redevelopment of potential retail, office and hotel sites to their highest and best use; and - To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and other sales tax and property tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goal, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to attract similar new businesses to Colleyville. City of Colleyville Guidelines and Criteria Page 2 of 10 Within the context of these goals, the City of Colleyville will give consideration to providing reasonable incentives as a stimulus for new development and redevelopment on a case-by- case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to an applicant. The City recognizes that only certain businesses are worthy of incentives. Section 2. Criteria Any request for a tax abatement or any other type of economic development incentive shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will address in narrative form within or on pages attached to the City's Application for Economic Development Incentives: Employment Impact - Total number of full time equivalent jobs brought to Colleyville; - Types of jobs created; - Total annual payroll. Fiscal Impact - Total real and personal property value to be added to the tax roll; - Anticipated direct sales tax to be generated at one (1) percent of taxable sales; - Other revenues generated for the City: franchise payments, occupancy taxes, utility revenues, etc.; - Amount of city infrastructure construction or participation required; - Projected total annual operating budget of the facility. Communitv Impact - The expected effect the project will have on the local housing market; - The expected environmental impact, if any, created by the project; - The compatibility of the project with the City's Comprehensive Plan; - The impact on neighboring businesses and/or property owners; - The project's location (i.e. is it proposed to be located in a targeted area or an area designated for redevelopment?); - The project's impact on the cost or provision of Colleyville municipal services; - The project's type of business enterprise (i.e. is it among the types of businesses targeted for retention within or attraction to Colleyville?). Competitive Impact - The effect the project would have on existing businesses in Colleyville; City of Colleyville Guidelines and Criteria Page 3 of 10 - A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; - A list of specific businesses seen as direct competitors to the applicant. Please note that the City of Colleyville seeks first to retain existing businesses and therefore will consider whether an applicant will compete or potentially displace existing Colleyville businesses. Section 3. Types of Incentives It is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Colleyville's goal is to adequately package incentives, with clear parameters, that are tailored to match business needs-as well as to the types of businesses Colleyville prefers. Likewise, Colleyville recognizes how incentives that encourage business growth and development are often unique to the needs of each individual business. The City is therefore open to discuss any particular incentive(s) that may be necessary for a business to ensure its success in Colleyville. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport exemptions, state tax grants and other grants in general, as well as participation in infrastructure and waiver of fees. These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program. The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville. All incentive agreements will be performance-based. Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 4. Value of Incentives Following an assessment of the response provided to the criteria contained in Section 2, the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be granted to the applicant. The review process will examine the "value added" terms of the project. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Moreover, the City will consider whether the proposed business type is included on the targeted list City of Colleyville Guidelines and Criteria Page 4 of 10 identified within the three point strategy included in Section 1. above. Preference is given to medical/physician specialist/laboratory-related facilities and corporate office uses. Tax Abatements: A Tax Abatement may be offered in two categories: 1. Real Property (not located in the TIF District); and/or 2. Business and Personal Property Real property abatements may be offered to applicants which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply only to the value of improvements made. Business Personal property abatements may be offered to applicants which will pursue the purchase or long-term lease of existing facilities. The abatement will apply to the value of new personal property brought into the taxing jurisdiction. State law permits municipalities to grant a maximum property tax abatement of 100 percent each year for up to ten (10) years. Once a determination has been made that a tax abatement may be offered, the City will determine the value and term of the abatement according to the following schedule: Minimum Abatement Percentage of Property Du ration Abatement Investment Considered by Council $2 million* 1St year Up to 100% 2nd year Up to 90% 3rd year Up to 80% $5 million 1St year Up to 80% 2nd year Up to 70% 3`d year Up to 60% $10 million+ 1St year Up to 60% 2n~ year Up to 50% 3`d year Up to 40% *Only medical, physician-specialist or laboratory facilities are eligible for consideration. City of Colleyville Guidelines and Criteria Page 5 of 10 Each application for consideration of a tax abatement, whether for Real Property or Business and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall cover the cost of staff time spent analyzing and evaluating the application's merits. Grants The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas Local Government Code also permits loans and grants of City funds and use of City staff and City facilities at minimal or no charge. Any such use must be construed as serving a"public purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and the applicant. Retail Sales Tax Grants By contract, the City may provide an incentive consisting of an annual grant through a tax rebate, based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant. The City is authorized by Section 380.001, Texas Local Government Code, to make such grants. Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable items by the applicant at the applicant's business location in the City. The applicant by contract will be required to provide a sales tax certificate setting forth the applicant's collection of sales and use tax for the sale of taxable items consummated at the applicant's business location in the City for the previous ending twelve (12) calendar month period, with such supporting documentation as may be required by the City. The grant would be conditioned on the applicant's continued ownership/occupancy of the project site. The sales tax grants would be paid in annual installments within ninety (90) days of the end of each twelve (12) calendar month period following the issuance of the certificate of occupancy for the facility, or other commencement date if no certificate of occupancy is required. The grant would not include any of the City sales and use tax receipt from the imposition and collection of sales and use tax for taxable items consummated at any location, business establishment or by any other entity in the city, other than from the applicant's sale of taxable items at the applicant's business location in the city. Any sales tax grant payable would be limited to the extent that the City has received sales tax from taxable sales by the applicant. The City would not be required to provide any grant for any twelve (12) calendar month period during the term of the agreement for which the City has not received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar month period. City of Colleyville Guidelines and Criteria Page 6 of 10 The City's obligation to pay the sales tax grants in the agreement would additionally be conditioned upon the applicant requesting and providing sales tax documentation from the Office of the Comptroller of the State of Texas. The City may also condition the incentive upon the creation of employment, construction of improvements, certain development, continued operations for a stated period, or other public consideration. Any incentive agreement shall be written in a legally enforceable contract. The contract shall require the applicant to construct certain improvements or expansions and contain at a minimum the following terms: 1. Generation of a certain level of sales tax; 2. An annual written certification that applicant is in compliance with the agreement; 3. Authority to terminate or modify the agreement if applicant fails to comply with agreement; 4. Minimum term of occupancy or continued operations within the city. 5. Authority/permission for the City to schedule an annual inspection of the business or facility. 6. Annual review of the business entity's financials; 7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal increases throughout the term of the contract. 8. Claw-back or recapture of any and all rebated grants should the applicant default on any portion of the contract (see Section 5. Recapture below). In the event the applicant files an amended sales and use tax return,- or report with the State of Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas, affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant payment for the next twelve (12) month calendar period immediately following such State of Texas approved amendment could be adjusted accordingly provided that the City has received sales tax receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the applicant should provide the City with a copy of any such amended sales and use tax report or return, and the approved thereof by the State of Texas. In the event the State of Texas determines that the City erroneously received sales tax receipts, or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and use tax for a previous twelve (12) calendar month period for which the applicant has received a sales tax grant, the applicant will be required within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such sales tax grant exceeds the amount to which the applicant was entitled pursuant to such State of Texas determination, repay such amount to the City. City of Colleyville Guidelines and Criteria Page 7 of 10 Infrastructure Particiaation and Waiver of Fees The City of Colleyville may agree to partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, building permit applicants, utility taps and similar fees. Matchinq Grants In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also consider providing matching grants of up to $15,000 for each of the following types of investments through a public/private, cost-sharing program: 1. Fa~ade improvements-Existing building fa~ade improvements that meet the following criteria: - Proposed improvements must exceed City's minimum rating criteria for commercial building designs; - Proposed improvements must be reviewed and approved by an Architectural Review Commission. 2. Signage removal and replacement-Assistance with pole sign removal and/or replacement as landscaped monument signs or landmark signs (if applicant meets the City's square footage requirement); signage plan must meet the following criteria: - Proposed signage removal and replacement must meet all the current requirements of the City's Land Development Code and be reviewed and approved by an Architectural Review Commission. 3. Tenant improvements for destination restaurants and retailers-Restaurants must not be presently located in Colleyville or any immediately adjacent city. All applications for Matching Grants must also submit a written business plan for review and comment by the City's SCORE business counseling office. Matching Grant incentives will consist of cash payments payable upon successful completion and inspection of all facility improvements or redevelopment, as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant. If the City chooses to utilize the Matching Grant program, the City may elect to make a grant in an amount up to 50% of the cost of improvement, not to exceed $15,000 per improvement, with a minimum business investment of $5,000. Non-Cash Incentives The City of Colleyville will also consider providing non-cash incentives (primarily procedural in nature) for stimulation of development and redevelopment. Such incentives include: City of Colleyville Guidelines and Criteria Page 8 of 10 1. Signage and intersection improvements already funded within the CIP; 2. Fast-track planning, plans review and permitting, as staff work level allows; 3. Dedicated inspections; 4. Corporate relocation assistance for employees and their families; 5. Employee recruitment and training, as funded through State of Texas grant programs and Tarrant County College; 6. Possible access to community bank lending through the City's CDARS program; 7. Recreational opportunities; 8. Business promotion and assistance; 9. Assistance with demolition of existing structures for redevelopment and new investment. Public Imarovement Districts The City of Colleyville is also willing to consider the creation of Public Improvement Districts (PIDs). Public Improvement Districts may be created by a municipality at the request or with the consent of property owners. PI Ds allow for the levy of voluntary assessments and the issuance of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for capital improvement projects and maintenance within the geographic area. Section 5. Recapture All incentive agreements shall include a provision allowing City staff access to the applicant's business and/or facilities for an annual inspection, so the City may monitor and enforce accountability. In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyville in full. All incentive agreements will be negotiated and executed to include claw-back provisions. Section 6. Procedural Guidelines Any person, organization or corporation desiring that the City of Colleyville consider providing economic development incentives to encourage location or expansion of operations with the city limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide incentives of any amount or value to any applicant. Preliminary Application Steps 1. Applicant shall complete an "Application for Economic Development Incentive" as provided by the City. 2. Applicant shall address all criteria questions outlined in Section 2. above directly on the application form and in letter format, if additional explanation and information are necessary. City of Colleyville Guidelines and Criteria Page 9 of 10 3. Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site. If the property is described by metes and bounds, then the applicant shall also provide a complete legal description. 4. Applicant shall present the application to the Director of Economic Development and obtain his/her signature that the package is complete before formal submission to the City. Applicant shall complete all forms and information detailed in items 1 through 3 above and submit them to the Director of Economic Development, City of Colleyville, 100 Main Street, Colleyville, Texas 76034. Application Review Steps 1. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 2. The application will be distributed to the appropriate City departments for internal review and comment~. Additional information may be requested as needed. 3. Copies of the complete application package and staff comments will be provided to the City Council. 4. In light of the proprietary nature of this data, all information included within the application shall remain confidential unless and until formal action is taken to establish an incentive agreement. Consideration of the Aaalication The City Council will consider the application at a regular or called meeting(s). State law stipulates that incentives need to be endorsed by a local governing body. Therefore, additional information may be requested as needed. The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate. The Colleyville City Council shall hold a public hearing and determine whether the project is "feasible and practical" and whether it "would be of benefit to the land to be included in the zone and to the municipality." The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives. City of Colleyville Guidelines and Criteria Page 10 of 10 If the City Council chooses to grant a tax abatement, the City must designate an area as a reinvestment zone. Any City designating a reinvestment zone must make two findings: 1. Proposed improvements are feasible and practical and would benefit the zone; and 2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion include 1) whether the proposed project within the zone is likely to contribute to the retention or expansion of primary employment or 2) to attract investment within the zone. RESOLUTION R-11-3313 A RESOLUTION ESTABLISHING AN ARCHITECTURAL REVIEW COMMISSION WHEREAS, the City of Colleyville has a new set of Economic Development Incentive Guidelines and Criteria, which City Council unanimously adopted through Resolution R-10-3286 on November 3, 2010; and WHEREAS, this program includes a provision that applications related to fa~ade improvements or pole signage removal and replacement be reviewed by an Architectural Review Commission; and WHEREAS, Colleyville is home to numerous residents who are architectural, planning or engineering design professionals, or who work in development-related fields, who consider design issues on a daily basis and who have the expertise to benefit the City's future development and redevelopment; and WHEREAS, the creation of an Architectural Review Commission will further engage the Colleyville community in the City's economic development efforts; and WHEREAS, an Architectural Review Commission will provide an analysis of issues such as the quality and effectiveness of Colleyville's Commercial Design Standards and the possibility of an Overlay District within the core of the Colleyville Boulevard corridor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby establishes an Architectural Review Commission, to be appointed by the City Council. Sec. 2. THAT the Architectural Review Commission shall serve in an advisory role to the Colleyville City Council and is hereby charged with the following responsibilities: a. To evaluate and make recommendations on matching grant program applications for facade improvements and/or pole signage replacements b. To evaluate the quality and effectiveness of Colleyville's Commercial Design Standards c. To evaluate the possibility of an Overlay District within the core of the Colleyville Business Corridor, as well as oversee recommendations on any related Design Guidelines which may be subsequently adopted Resolution R-11-3313 Page 2 of 2 d. To conduct other architectural and design-related studies as requested by the City Council Sec. 3. THAT the Architectural Review Commission shall be composed of seven (7) members. Three (3) members shall be appointed by the City Council for an initial term of one (1) year and four (4) members shall be appointed by the City Council for a term of two (2) years, with subsequent appointees serving two year terms. Sec.4. THAT any Commission member who has designed, worked on or consulted with a matching grant program applicant or agenda subject, shall recuse themselves from voting in those circumstances. Sec. 5. THAT any member with unexcused absences from three (3) consecutive meetings or not exhibiting interest in the work of the Commission shall be reported to the City Council, which may at their discretion remove the Commission member and appoint a replacement. 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 - ~ 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: Pre Council Status: Pre Council Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council Requester: Agenda No.: PC-3 Final Action: File Name: Presentation of the Monthly Financial Report - December 2010 Attachments: December 2010 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Presentation of the Monthly Financial Report - December 2010 Explanation The percentage of current year taxes collected is ahead of December 2009 collections by 2.47% and delinquent tax collections are up. Sales tax revenue received in December was up 22.21 % or $33,372 from revenues reported for the same time period last year. The quarterly amount received for cable franchise was up almost $22,000 over the projected amount. Four new residential building permits were issued along with one new commercial building permit. Permit revenues currently exceed the budgeted year-to-date projection by almost $7,000. Fine revenues are behind budgeted projections by almost $25,000. Revenues from ambulance collections exceed projections by $22,425 and revenue received from Colleyville Center rentals are also ahead of projections by over $5,000. The average amount expended by the General Fund departments at the end of December is 23.26% of the total appropriation, versus 24.63% which was projected to be spent. Utility Fund Water usage increased as compared to the amount sold through December 2009. The average amount expended by the Utility Fund departments at the end of December is 21.05% of the total appropriation, versus 24.67% which was projected to be spent. City of Colleyville Page 1 Printed on 1/13/2011 MONTHLY FINANCIAL REPORT - DECEMBER 2010 GENERALFUND FY 2011 REVENUE SOURCE BUDGET Current Taxes $10,155,472 Delinquent Taxes 63,000 Penalty & Interest 57,000 TOTAL AD VALOREM TAXES $10,275,472 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permit TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $815,000 110, 000 345, 000 118, 000 44, 000 126, 000 265, 000 $1,823,000 $2, 356, 976 73, 000 $348, 924 43, 257 28, 868 37, 568 37, 372 59, 753 3, 372 900 5, 463 4, 920 8, 000 10,214 $588,611 $825, 000 47, 000 23,124 RECEIVED AS O F 12/31 /2010 $4, 626, 30 33, 73 8,18 $4,668,21 $ 26, 30 15, 34 22,64 88,06 $152, 36 $183, 61 20, 05 $203, 66 $94, 41 12, 68 6, 93 10, 01 8, 00 11,86 94 6 1,85 97 1,55 4, 53 $180,208 13, 700 5,185 $199,092 PROJECTED AS O F 12/31 /2010 $4, 646, 78 27, 00 6, 50 $4, 680, 28 $0 0 0 29, 500 11,000 15, 750 66, 250 $122,500 $138,252 18, 250 $156,502 $87, 231 10,814 7,217 9, 392 9, 343 14, 938 843 225 1,366 1, 230 2, 000 2, 554 $147,153 $206,250 11,750 5, 781 $223,781 RECEIVED AS O F 12/31 /2009 $4, 776, 303 30, 007 7, 282 $4, 813, 592 $3,181 0 0 30,315 11,340 28, 226 72, 674 $145,736 $150, 241 19, 832 $170, 073 $87, 320 9, 936 6, 603 8, 539 7, 005 14,403 658 103 1,035 1, 275 2, 050 3,138 $142, 065 $233, 002 6, 600 5,100 PERCENT CHANGE -3.14% 12.41 % 12.39% -3.02% -100.00% 0.00% 0.00% -13.22% 35.31 % -19.77% 21.18% 4.55% 22.21 % 1.11% 19.75% 8.12% 27.67% 5.05% 17.29% 14.28% -17.60% 42.86% -41.75% 78.74% -23.53% -24.39% 44.41 % 8.28% -22.66% 107.58% 1.67% 18.64% MONTHLY FINANCIAL REPORT - DECEMBER 2010 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2011 AS OF AS OF AS OF PERCENT BUDGET 12/31/2010 12/31/2010 12/31/2009 CHANGE Re-zoning $6,765 $500 $1,691 $1,625 -69.23% Plat Fee/Site Plan 4,988 (58) 1,247 1,115 -105.16% Board of Adjustment 1,250 875 313 250 250.00% Sale of Material 400 59 100 47 24.95% Weed Mowing 14,770 1,675 3,693 7,010 -76.11% Animallmpoundment 2,825 622 706 1,138 -45.32% Ambulance 240,000 82,425 60,000 75,984 8.48% Recreation Program 157,525 17,709 11,500 10,937 61.93% Non-Resident Fee Parks 26,000 10,200 13,000 8,010 27.34% Field Use Charge 20,500 10,905 10,250 8,010 36.14% Engineering & Inspection 5,000 0 1,250 3,966 -100.00% Colleyville Center Rental 200,000 55,454 50,000 44,377 24.96% Lot Drainage Insp Fee 10,250 2,375 2,563 2,500 -5.00% TOTAL CHARGES FOR SERVICE $690,273 $182,741 $156,312 $164,968 10.77% SRO Officer Reimb $89,792 $0 $0 $0 0.00% TOTAL INTERGOVERNMENTAL $89,792 $0 $0 $0 0.00% Sale of Surplus Property $3,000 $0 $0 $0 0.00% Interest Income 75,000 4,267 4,500 2,122 101.07% Miscellaneous 55,000 51,275 35,000 19,445 163.70% Use of Available Cash 0 0 0 0 0.00% Antenna Lease 65,000 13,200 10,400 30,676 -56.97% TOTAL MISCELLANEOUS $198,000 $68,742 $49,900 $52,243 31.58% Transfer from Utility Fd $816,297 $0 $0 $0 0.00% TOTAL TRANSFERS $816,297 $0 $0 $0 0.00% TOTAL GENERAL FUND REVENUES $17,806,545 $5,628,646 $5,536,436 $5,733,379 -1.83% MONTHLY FINANCIAL REPORT - DECEMBER 2010 TOTAL PERCENT FY 2011 THROUGH THROUGH INCREASE INCREASE BUDGET 12/31/2010 12/31/2009 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0% 60.58% 58.11% 2.47% 4.25% RESIDENTIAL BLDG PERMITS 73 18 16 2 12.50% COMMERCIAL BLDG PERMITS 10 2 3 (1) -33.33% CITATIONS ISSUED 12,500 2,700 3,681 (981) -26.65% CITATIONS APPEALED 3 0 399 (399) -100.00% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2011 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 12/31/2010 EXPENDITURES EXPENDED REMAINING City Council $220,002 $14,095 $29,060 6.41% $205,907 City Manager 614,427 130,057 140,781 21.17% 484,370 City Secretary 312,356 75,784 76,155 24.26% 236,572 Finance 439,646 103,998 110,167 23.66% 335,647 Legal 125,460 25,703 27,235 20.49% 99,757 Engineering 332,845 79,340 83,199 23.84% 253,505 Economic Development 332,551 77,751 78,909 23.38% 254,800 Building Inspection 339,533 87,446 98,309 25.75% 252,087 Community Development 228,845 56,808 57,523 24.82% 172,037 Fi re 3, 870, 839 1, 009, 923 1, 040, 396 26. 09% 2, 860, 916 Police 4,369,822 1,093,714 1,112,273 25.03% 3,276,108 Parks 1,467,570 308,792 333,609 21.04% 1,158,777 Recreation 326,796 61,671 62,588 18.87% 265,125 Street Maintenance 2,022,171 381,976 467,625 18.89% 1,640,195 Library 692,955 175,525 180,795 25.33% 517,430 Communications 152,299 33,786 34,746 22.18% 118,513 Colleyville Center 379,648 86,561 92,763 22.80% 293,087 Human Resources 237,627 56,091 57,986 23.60% 181,536 Municipal Court 261,487 61,480 61,983 23.51% 200,007 Fleet Maintenance 214,586 57,798 60,372 26.93% 156,788 Building Services 216,089 74,795 80,813 34.61% 141,294 Information Services 402,471 84,219 93,869 20.93% 318,252 Capital Equipment Reserve 150,000 0 0 0.00% 150,000 Strategic Initiatives Fund Transfer 80,000 0 0 0.00% 80,000 TOTAL EXPENSES $17,790,023 $4,137,312 $4,381,156 23.26% $13,652,711 MONTHLY FINANCIAL REPORT - DECEMBER 2010 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2011 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 12/31/2010 12/31/2010 12/31/2009 CHANGE Water Sales $8,552,558 $2,260,867 $1,411,172 $1,354,692 66.89% Sewer Sales 2,718,634 586,789 679,659 722,506 -18.78% Sewer Installation 7,000 1,800 1,750 1,900 -5.26% Water Installation 21,000 4,560 5,250 3,870 17.83% Sewer Tie-on Charges 5,000 3,000 1,250 0 0.00% Engineering Charges 5,000 0 1,250 4,370 100.00% Penalties 173,024 73,312 43,256 52,824 38.79% Miscellaneous 13,000 4,546 3,250 4,677 -2.78% TOTAL OPERATING INCOME $11,495,216 $2,934,874 $2,146,837 $2,144,838 36.83% Interest Income $50,000 $2,003 $2,000 $5,640 -64.49% TOTAL NON-OPERATING INCOME $50,000 $2,003 $2,000 $5,640 -64.49% TOTAL INCOME $11,545,216 $2,936,877 $2,148,837 $2,150,477 36.57% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 12/31/2010 12/31/2009 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 620,587,500 377,846,900 242,740,600 64.24% NUMBER OF WATER CUSTOMERS 9,020 8,924 96 1.08% UTILITY FUND EXPENSES FY 2011 BUDGET Administration $204,092 Billing 372,114 Operations 9,142,149 Debt Service 835,577 Transfer to General Fund 816,297 TOTAL EXPENSES $11,370,229 EXPENDED YEAR-TO-DATE THROUGH PROJECTED % OFBUDGET BUDGET 12/31/2010 EXPENSES EXPENDED REMAINING $49,815 $51,850 24.41% $154,277 89, 871 97, 935 24.15% 282, 243 1,513,526 1,914,453 16.56% 7,628,623 740, 500 740, 500 88.62% 95, 077 0 0 0.00% 816,297 $2, 393, 711 $2, 804, 737 21. 05% $8, 976, 518 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: 02/01/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the January 18, 2011 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Discussion of the January 18, 2011 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 1/13/2011 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: 01/18/2011 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session - Legal - January 18, 2011 Attachments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/18/2011 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Manager 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 1/13/2011 RESOLUTION R-11-3310 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 18, 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 - ~ 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: Announcements, Status: Announcements, Proclamations and Proclamations and Presentations Presentations Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements, Proc lamations and Presentations - January 18, 2011 Attachments: History of Legis lative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the featured Colleyville business - Knobbies & Slicks, 8100 Precinct Line Road, Suite 110, Frank (Bud) and Debbie Zarsk, owners Presentation of award for the City of Colleyville's participation in the Fiscal Year 2009-2010 Metroport Teen Court Program - Kristin White, Metroport Teen Court Coordinator and Karen Hines, Finance Manager City of Colleyville Page 1 Printed on 1/13/2011 RESOLUTION R-11-3311 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 18, 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 January 4, 2011 b. Authorizing the abandonment of a utility easement for Lot 9, Block 4 of Ashmore Addition, and authorizing the city manager to execute the agreement c. Approval of the North Central Texas Major Case Investigative Team (MCIT) Memorandum of Agreement, and authorize the city manager to execute the agreement 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, January 4, 2011 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 January 4, 2011, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart 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, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Police Officer Raymon Cannon, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. PC-1 Discussion of the establishment of an Architectural Review Commission Economic Development Director Marty Wieder stated the new Economic Development Incentive Guidelines and Criteria adopted by City Council includes a 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. Mr. Wieder spoke regarding the duties of the Architectural Review Commission and answered questions of the City Council. Discussion ensued regarding the criteria and agenda for the Architectural Review Commission, the local interest in serving on the commission and the scope of duties and responsibilities of the commission. City Manager Jennifer Fadden stated the commission would serve as an advisory body to the City Council and Director Wieder would serve as the ombudsman to work with the applicants. City of Colleyville Page 1 Printed on 1/12/2011 City Council PG2 City Council Minutes - Draft January 4, 2011 Discussion continued regarding the number of inembers, potential applicants and conflict of interest process and the purpose of an Architectural Review Commission in other cities. The City Council determined a discussion item regarding the establishment of an Architectural Review Commission should be placed on the January 18, 2011 Pre Council agenda, and a resolution for the consideration of establishing the commission should be placed on the January 18, 2011 City Council regular agenda. Discussion of the January 4, 2011 City Council meeting regular agenda items Discussion ensued regarding the provision in the City Council Rules of Procedures related to the use of City equipment and personnel during funeral processions for community volunteers. Assistant City Manager and Chief Financial Officer Terry Leake stated with the adoption of Ordinance 0-11-1788, the Water and Sewer Policy and Procedure Manual will provide for increasing the water and sewer bill to incorporate the Trinity River Authority rate increases for treated water and sewer. Ms. Leake further stated, 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), which is required by the City's bond covenants. Discussion ensued regarding the timeline for infrastruture improvements and the SH26 redevelopment project. City Manager Jennifer Fadden stated TxDOT is waiting to finalize the right-of-way acquisition in the second quarter of 2011 and when that process is complete and TxDOT owns all of the property, the franchise utilities will get underway with the relocations. Some of the utilities, such as Oncor, Atmos, Verizon and AT&T, do not have construction plans yet for the utility relocations. At the end of the month, staff will have another utility relocation meeting with TxDOT. The City's plans are about 95% complete and the City plans to go into construction and bid the project concurrently with the franchise utilities to minimize construction and traffic disruption. City Manager Fadden spoke regarding the use of an engineering firm for concurrent projects including the infrastructure assessment and the Impact Fee Schedule update. Mayor Kelly adjourned the Pre Council meeting at 6:01 p.m. City of Colleyville Page 2 Printed on 1/12/2011 City Council City Council Minutes - Draft January 4, 2011 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly, on January 4, 2011, at 7:35 p.m. Mayor Kelly wished everyone a Happy New Year and extended congratulations to Texas Christian University's football team for the Rose Bowl Championship. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart 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, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Police Officer Raymon Cannon, Communications and Marketing Director Mona Gandy, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. 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 3 Printed on 1/12/2011 City Council City Council Minutes - Draft 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 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.076, Security, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:02 p.m. and reconvened at 7:35 p.m. 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 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS PRESENTATIONS Mayor Kelly recognized Ms. Jan Fisher for service on the Colleyville Center Advisory Committee. Ms. Fisher stated she enjoyed serving on the committee. Mayor Kelly recognized Mr. Steve Dalri for service on the Parks and Recreation Advisory Board. Mr. Dalri stated he enjoyed working with Parks and Recreation Director Monica Walsh and board members. Mayor Kelly recognized Ms. Joyce Hammill for service on the SH26 Advisory Committee. Ms. Hammill expressed appreciation for the opportunity to serve on the committee. Mayor Kelly recognized Dr. John Vinings for service on the SH26 Advisory Committee. Mayor Kelly presented a Proclamation to Ms. Kristi Isbell in recognition as the City of Colleyville Employee of the Year. City of Colleyville Page 4 Printed on 1/12/2011 City Council City Council Minutes - Draft January 4, 2011 City Manager Jennifer Fadden expressed appreciation to Ms. Isbell for her dedication and service to the community and the Colleyville Public Library. Mayor Kelly presented a Proclamation to Carol Wollin and Barbara Nuss, Co-Chairs of the Colleyville Garden Club's 50th Anniversary event and members Barb Boerner, Marietta Kane, Susan Taylor, Joyce Hammill, Jan Fisher and Mary Beadles, in recognition of the Colleyville Garden Club's 50th Anniversary. Ms. Wollin, on behalf of the Colleyville Garden Club (CGC), expressed appreciation to the City Council and staff for the Proclamation and special recognition and stated the 50th Anniversary Celebration will be held January 5, 2011, and include a presentation of the Colleyville Garden Club's history. Ms. Wollin stated two things stood out during the research of the Club's history, the benefits of the cooperative ventures undertaken by the Club and City and the outstanding support of the community, especially of the annual Promenade Garden Tour. Mayor Kelly expressed appreciation to the Colleyville Garden Club for the beautification projects within the City. 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 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 Mayor Kelly read Resolution R-11-3307 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 Hart moved to approve Resolution R-11-3307. Councilmember Wollin seconded the motion. City of Colleyville Page 5 Printed on 1/12/2011 City Council City Council Minutes - Draft January 4, 2011 The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Absent: 1 - Mike Taylor 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 Mayor Kelly read the caption of Ordinance 0-11-1788. Assistant City Manager and Chief Financial Officer Terry Leake reviewed the Trinity River Authority's water and sewer rates, the history of the water and sewer rate structure and the proposed water and sewer rates. Ms. Leake further stated the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio necessary for the approved Capital Improvement Program. TRA provides a five-year outlook and is projecting TRA rates to increase over the next five years. So the City can have a financially stable utility fund and meet the City's debt obligations, staff is proposing to include future TRA rate increases in the first 2,000 gallons of water and sewer usage in the minimum bill. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Muhm stated the increase in the water and sewer rates will generate coverage to offset the increase in TRA rates for treated water and sewer and meet the required debt coverage ratio. Mayor Kelly stated the water and sewer rate increases highlights the importance of water conservation and it is predicted, with the area growth, water will be one of the most valuable commodities and rates will continue to increase. City of Colleyville Page 6 Printed on 1/12/2011 City Council City Council Minutes - Draft 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 Mayor Kelly read Resolution R-11-3308 in its entirety. Fire Chief Russell Shelley provided information regarding the proposed changes to Section VIII, Memorials, related to line of duty deaths as they pertain to Police Officers and Firefighters in the City. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-11-3308. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Absent: 1 - Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 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 There was no discussion of this item. City of Colleyville Page 7 Printed on 1/12/2011 City Council City Council Minutes - Draft January 4, 2011 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 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn and Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Absent: 1 - Mike Taylor Mayor Kelly adjourned the meeting at 8:03 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 8 Printed on 1/12/2011 - ~ 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: 01/18/2011 Controlling Body: City Council Requester: Engineering Agenda No.: 4b Final Action: Department File Name: Authorizing the abandonment of a utility easement for Lot 9, Block 4 of Ashmore Addition, and authorizing the city manager to execute the agreement Attachments: Application for the Vacation or Abandonment of a Roadway Easement • Location Map for Lot 9, Block 4 of Ashmore Addition History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Authorizing the abandonment of a utility easement for Lot 9, Block 4 of Ashmore Addition, and authorizing the city manager to execute the agreement Explanation Reading and Public Hearing Russell Troy, property owner of Lot 9, Block 4, of the Ashmore Addition, submitted an application for the abandonment of an existing utility easement that crosses his lot (see attached application). This easement pre-dates the current Ashmore Addition plat and staff determined that it may be removed without affecting any private or municipal infrastructure . The easement varies in width with one section being a 5 foot wide utility easement and the other section being a 15 foot wide drainage and utility easement as shown on the attached location map. Staff reviewed the application and recommends approval as the easement is no longer needed. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 1/13/2011 APPLICATION FOR THE VACATION OR ABANDONMENT OF A DRAINAGE AND UTILITY EASEMENT <</2/ao~a ate of Submittal To the City of Colleyville: The undersigned hereby makes application to vacate and abandon a portion of the public drainage and / or utility easement or right-of-way situated on or abutting property at the following location and described by metes and bounds in Exhibit B of the attached agreement. ~ ~U3 ~r~ff~R~r~- C~~- ~'oL~y~,~C ~~3y Street Address t~ Legal Description ~~~~~~ ~~ L O1 ~,_~~~2~ The reason for the vacation and abandonment of the drainage and utility easement is as follows: `~he es~.sernen-t- l~3 z vv--Fe.v~le~ ~~ a.~x.e.-~dc>~d t,~~.e-^ -~-~ }~I~,.-1- _ „ . -fhe ~ra~.r~-y ~ ~~ Name m~}C.il.~~~ l`~L~S'r'~ Z~ST ,~USSr2LL G• ZW. ~~J$'~'~C- Address ~2~~ ~ppL ~( p~t~, J'1~ ~~ City, State~ /~"~V~~ ( x J~~~ ~ ZIP Code V Email Phone ~~(~-1y8~-(~j~o Fax~~('})y$~" ~~~j`~ (optional) ~ µTr~~ ~ ~~ THE STATE OF TEXAS § Individual Acknowledqment COUNTY OF TARRANT § BEFORE M the undersi ned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and ackn ledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ day of -~_, 20 ~. Nota ublic in and for t e t te f Texas My Co C V-435 (Juty 2006) get ~~2" ~s 5 8q' 27' iran rod ~~ tel. c n 14 . i5o.oo'JSet 1/2° ~.a2~ iran rod ~ ~ ~ 0.T` - ~tra,eFormer -- ~ ~ T (p~r plat 25,_' ~. UIL ID NG ~~NE - (per plot) z _ ^ ~ z VACANT L07 2803 I-IIGNGROVE GOURT .~-~ a ~ ~ ~ ~~ ~ ~ I o ~ APPROXIMATE LOGATION OF 15' UTILITY t ~ LOT q g 5 ~ DRAINAGE EASEMEN7 ~ ER GRAPNIG SGALE (!j a~~K 4 ~ ? P (per plat) a ~ s ~ LOT SR ~" _ ~ ~ ~ ~ Q ~~ A~N~.. ~ ? ~/ '~• ~ N ~~ ~j O v -~{~~--APPROXIMATE LOGATIO N t7 a OF 5' UTILITY EASEMENT Z a V PER GRAPHIG SGALE Z Q ~ ~X (per plat) // ~ ~ k~f VI o, crt found ~~2w xt I/2' ~'r~~~ found I/2° iron rod -~' -~, Iron rod •~.. °;' r fourd I/: 131.2G' IL L~ 8q 17 NOTES~ C'M : IS NOT AI =NT, VOL. :NT, VOL. =NT. VOL. ~S LOT 1 ~ , found I/2" ~ound I/2° 7,' iron ro iron rod~ ~ 125.00' u i~,Z .. •... '~`' f 1/2" iron rod beara 47' W 0 "' N 88' 29' 10" • . . xt ~,~M R_i," iron rod O Z5 40 76 ~~ ~. INK. 'SCALG IN rlET r~ ~~ ~o~i M F~LL JL I ir~vi~ i~vv.r .... .. . ~. ._ .._ . -... THIS IS TO DECLARE thet on thia date a aurvey was mede on the around, under my direction and supervialon ot the pro , ;-, Texae, aeoording to the plat recorded in Cabinet A, Slide 3935, Deed Records of Tarraa County, Texas. There are no visible conflicts or protrusiona, except as shoxn. The subject property doas not appear to lie withln the llmits.ot n 100-yenr tlood haznrd zone necordinQ to the 48439C0115hK, dat d 3EPTEMBER 26,82009. Y The s atemeat thatalha prope iyndow~ oradoes not lie within aQ No. 100-year Ilood zone ia not to ba taken as s representatioa thnt thm property Mrill or will not flood: This aurvey is not to be used for conatruction purpoaea nnd is for the exclusive uae of the hereon nnmed purchaser, mortgage campany, and tltle company only nnd this survey [s made puraunnt to that one cartsin tiUe commitment under the GF number shovm hereon, provided by the Utle company named hereon and that on this date the easements, righta-of-way or other locntable mntters ot record of which the undecsiQned has knowledge or has been advisad are aa ahown or noted hereon. Th1s survay is aubject to any and all covenants and restr[ctions of record ertainin to the recorded lat. DATE: 07/90/10 'fE~H: A[ ~~~ M DATE: FtELD DATE: 07/2B/10 JOH N0: 230-2147 REVISED: 08/05/10 ACCEPTED HY: ~~ ~~ '°~ y/~.UU~...•~:l"Fr:`8~0.15r,T:. ~ i ~~~ROV~ cou (50' R.O.W.) ~ BY TNE FOLI.OWING: PG. 24q, D.R.T.G.T. 'G. 241, VOL. 13209, PG. 180, D.R.T.C.T. PG. 453, P.R.T.G.T. Pc_ 2258. D.R.T.G.T. GF N0. 10-02232 1(AP3C0 N0: 40-L gATTIKIN TCfIE COYPANY - ~ 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: 01/18/2011 Controlling Body: City Council Requester: Police Department Agenda No.: 4c Final Action: File Name: Approval of the North Central Texas Major Case Investigative Team (MCIT) Memorandum of Agreement, and authorize the city manager to execute the agreement Attachments: MCIT Memorandum ofAgreement.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Approval of the North Central Texas Major Case Investigative Team (MCIT) Memorandum of Agreement, and authorize the city manager to execute the agreement Explanation Reading and Public Hearing The Bureau of Justice Assistance (BJA) has initiated a pilot program to bring investigative resources from Tarrant, Denton, Parker, Ellis, Wise, and Johnson counties and the Texas Rangers together to investigate high profile criminal offenses, such as homicides and kidnappings, which occur in areas of overlapping or adjacent jurisdictions. This cooperative effort is known as the North Central Texas Major Case Investigative Team (MCIT), and will allow the concentration of investigative resources beyond the current capabilities of any individual agency. The MCIT would not be an ongoing task force, but instead a multi-jurisdictional group of highly trained investigators with prosecutorial assistance that is more limited in scope, and comes together only when a crime of serious magnitude occurs . The BJA will provide the seed money and cover initial and ongoing training costs, and the MCIT will be staffed and governed by members of local county and municipal police agencies. In February 2010, the Colleyville Police Department was approached regarding interest in joining the MCIT. Upon further analysis of the MCIT by police department staff, the following benefits were recognized toward increasing the efficient and effective delivery of police services to the citizens of Colleyville: • Resource Concentration - A large number of trained investigators focus on a single investigation. Agency administrators are able to utilize additional resources for a more effective investigation that will increase safety in the community. City of Colleyville Page 1 Printed on 1/13/2011 Aaenda Briefinp Continued • Effectiveness - MCIT squads should produce higher clearance rates than seen with single jurisdiction investigations due to increased staffing and enhanced resources. • Efficiency - The Colleyville Police Department will be able to more quickly and comprehensively respond to serious criminal offenses and use the MCIT as a force multiplier. • Networking - The periodic interaction with other MCIT Investigators will promote relationships that can be utilized on other types of investigations (i.e., property crimes). • Preparedness - Inclusion in the MCIT will demonstrate an enhanced state of readiness to respond to high profile crimes, which will increase community confidence in the Colleyville Police Department. On December 7, 2010, the Tarrant County Commissioners authorized the Tarrant County Criminal District Attorney's Office to participate in the MCIT as the coordinating agency, which was the first step in the formalization of a MCIT for North Central Texas. The MCIT Board of Directors will consist of the following: • The Tarrant County Criminal District Attorney - Chief Executive of the Coordinating Agency • The Sheriffs of Denton, Ellis, Johnson, Parker, Tarrant, and Wise counties • The Major of Company B, Texas Rangers • Tarrant County Police Chiefs from cities with population over 100,000 (two members) • Tarrant County Police Chiefs from cities with population under 100,000 and over 20,000 (three members) • Tarrant County Police Chiefs from cities with population under 20,000 (three members) Participation in the MCIT is voluntary, and each participating agency will agree to dedicate at least one investigator for training, organizational and preparedness meetings, and response to a call for assistance from MCIT staff. Deployment of a response team will follow a request from a participating agency's chief executive, and a MCIT Incident Commander will subsequently be designated to work with the requesting agency liaison. Participating agencies will agree to deploy their investigators for a minimum of five working days or conclusion of the investigation, whichever is less . Should deployment be needed for more than five days, an extension will be requested through the MCIT Coordinator. Participating agencies will operate under the attached Memorandum of Agreement, which is authorized in Chapter 791 of the Texas Government Code and Chapter 362 Texas Local Government Code. Participating agencies may withdraw from this agreement at any time with 30 days written notice to the MCIT Board of Directors. The BJA is in the process of forming several other MCIT organizations across the country , but it appears that the North Central Texas MCIT will be the first to begin operations. At this point, 43 agencies have committed to the North Central Texas MCIT and 115 investigators have received initial training on the MCIT concept, which is very similar to the Child Abduction Response Team (CART) concept. This high level of MCIT participation will City of Colleyville Page 2 Printed on 1/13/2011 Apenda Briefinp Continued ensure that MCIT participating agency resources are not overtaxed in responding to callouts. Financial Impact Participating agencies will be responsible for their respective investigator's salary and benefits while deployed, as well as the provision of a vehicle. Participation in the North Central Texas MCIT will not require any initial or recurring payments for equipment and training costs, as those expenses will be funded by the BJA. Recommendation Approval City of Colleyville Page 3 Printed on 1/13/2011 NORTH CENTRAL TEXAS MAJOR CASE INVESTIGATIVE TEAM Memorandum of A~reement 1. Purpose: The below subscribed law enforcement agencies have joined together in a mutti-jurisdictional effort to concentrate investigative resources in the event of a major crime. This initiative will be named the North Central Texas Major Case Investigative Team. The purpose of this agreement is to provide the foundation for the organization, administration, and operation of the North Central Texas Major Case Investigative Team (MCIT). 2. Definitions: The terms listed in this section shall have the following meanings when used in this agreement: "Participating Agency' means any law enforcement agency that is a party to this agreeme~nt. "Coordinating Agency" means the participating agency designated to maintain the aciministrative and financial records related to the.MCIT. Additionally, the Coordinating Agency facilitates training and the acquisition of needed equipment for the MCIT. "Chief Executive" means the highest ranking member of an agency participating in the MCIT. This would include the Tarrant County Criminal District Attorney, Sheriffs of a County, the Chief of Police or Director of Public Safety of a municipality, and the Major of Company E!, Texas Rangers. "Member or Participant" means any law enforcement officer or support person employed by a participating agency and designated by the agency's Chief Executive, or his designee, to participate in the MCIT. "Requesting Agency' means a participating agency who requests the assistance of the MCIT in responding to a serious incident in its jurisdiction. "Response Team" means the MCIT participants designated to respond to a MCIT activati~~n. "MCIT Coordinator" mr~ns the person appointed to carry out th~~ MCIT Board's directives relating to the oversight, coordination, and support of MCIT operations. The MCIT Coorclinator's duties are generally administrative in nature. The MCIT Coordinator may assume supervision of operational duties as requested by the Board of Directors. "MCIT Incident Commander" means the person designated to manage the operational activities of a MCIT activation. This person may be designated on a case-by-case basis. i "Requesting Agency Liaison" means the person assigned to represent the requesting agency by that agency's Chief Executive, or his/her designee. This person will work closely with the MCIT Coordinator and Incident Commander to ensure that the Requesting Agency is inforrned and involved in every aspect of the MCIT operation. 3. Authority: The statutory authority for this mutual aid agreement is contained in Chapter 791 of the Texas Government Code and Chapter 362 of the Texas Local Government Code. Nothing within this agreement is intended to change that authority. 4. Administration: The North Central Texas Major Case Investigative Team will be administered by a Board of Directors made up of the Chief Executives of agencies providing personnel to the MCIT. The Tarrant County Criminal District Attorney's Office will act as the MCIT Coordinating Agency. The makeup of the Board will be: - The Tarrant County Criminal District Attorney- Chief Executive of the Coordinating Agency y The Sheriffs of Denton County, Ellis County, Johnson County, Parker County, Tarrant County and Wise County y The Major of Company B, Texas Rangers - Tarrant County Police Chiefs from cities with population over 100,000 (2 members) Y Tarrant County Potice Chiefs from cities with population under 100,000 and over 20,000 (3 members) - Tarrant Co,.,nty Police Chiefs from cities with population under 20,000 (3 members) The Board of Directors will meet annually, or as required. Correspondence concerning the MCIT should be addressed to: North Central Texas Major Case Investigative Team Tim Curry Criminal Justice Center 401 West Belknap Street Fort Worth, Texas 76196-0201 Attn: Board of Directors 5. Primary Goal and :5tatement of Cooperation to be Rendered: ~}„ ~ vr ~:r, s~ ~,~<~~.i1 „a~:~~~~ ~~rir~~:c~ ~a~ a=l'1~1~' X~9lr1T iw 'lr'~ ~~rrt'ar,rr'~f~~ :~ ~1Ei115 fdf Sj~F'C7~1~~1/ ~l'~llf~t'Q~ IT1'~lL'5~1~'e"1t~L1TS af1C~ support staff that allows for the concentration of investigative resources beyond the cap~~bilities of ~ any individual agency. A large number of trained investigators focusing on a single investigation allow participating agency administrators to organize rapid and more comprehensive responses to events of great concern to local communities. To provide for voluntary cooperation, each of the participating agencies hereby approves and enters into this agreement whereby each of the agencies may request and render law enforcement assistance to the MCIT participating agencies, in dealing with violations occurring in their jurisdictions. Each MCIT member agency agrees to dedicate at least one investigator for training, organizational and preparedness meetings, and response to a call for assistance from MCIT staff. 6. Standard Operating Procedures: The MCIT Coordinator shall be responsible for drafting and maintaining written Standard Operating Procedures (SOP) governing important matters of the MCIT, to include qualifications, activations, protocols and notifications. The MCIT Board of Directors will be responsible for the adoption and any revisions of the SOP. 7. Initial Deployment: The deployment of a response team will follow a request from a participating agency's chief executive, or a designated representative, made to the MCIT Coordinator or a member of the MCIT Board of Directors. The requesting agency will designate an agency liaison to work with the MCIT Incident Commander to oversee the investigation. The requesting agency will remain actively involved in the investigation working closely with the MCIT Coordinator and MCIT Incident Commander through the Requesting Agency Liaison. The parties to this agreement stipulate that in the event that a significant investigati~e or jurisdictional dispute should arise, the issue will immediately be forwarded to the MCIT Board of Directors by the requesting agency chief executive or his/her designee, if the issue cannot be resolved immediately by the MCIT Incident Commander and/or the MCIT Coordinator. The MCIT Coordinator will be responsible for contacting the members of the response t:eam and giving them the initial deployment location, after consultation with the designated MCIT~ Incide++t Commander and Requesting Agency Liaison. The parties to this agreement stipulate that they will allow their MCIT participant to respond to the MCIT deployment for a minimum of five (5) working days or the conclusion of the deployment whichever is less. Should the deployment require a commitment for lor~~err than thre ~ive (5) wurkirTg ,; ~~,,~ p.~r~T P"~s:-~rrlin~+r~~r ;~~~~II ;r,~;~:e ~n evtrn€inn rr-q~sr~~t tn t4~~ St~~rs~ c~f ~ire~t[~rs and the MUT Investigator's home agency will be notified of the extension. 3 8. Withdrawal from Response: The Chief Executive, or his/her designee, may discontinue the participation of his/her employee in any activity initiated pursuant to this agreement. 9. Equipment: The parties to this agreement stipulate that they will provide a vehicle for their investigator(s) along with their regular work and safety equipment assigned to them. The agency requesting assistance from the MCIT shall provide a suitable place for the team to meet and do their work. Telephone, computers, and network connections shall be made available to the team. All participating agencies agree that equipment purchased with funds made available for the specific use of the MCIT shall be under the care, custody, and control of the MCIT Coordinating Agency. If and when the North Central Texas Major Case Investigative Team initiative is terminated, equipment may be subject to equitable sharing to the participating agencies upon writteri request and subsequent approval of the MCIT Board of Directors. 10. Qualification of Office and Oath: The qualifications of office of participating agencies members shall constitute his or her qualifications for office within the territorial limits of the requesting agency and no additianal oath, bond, or compensation shall be required. 11. Right to Reimbursement: Each party to this agreement, when providing services of personnel as a responding member, expressly waives the right to receive reimbursement for services performed or equipment utilized under this agreement even though a request for such reimbursement may be made pursuant to Chapter 362 of the Texas Local Government Code. 12. Officer Benefits: Any member of a participating agency assigned to the assistance of another participating agency pursuant to this agreement shall receive the same wage, salary, pension, and all other compensation in all other rights of employment in providing such service, including injury, death benefits and worker compensation benefits as well as any available insurance, indemnity or litigation defense benefits. Said benefits shall be the same as though the member in question had ~. ;~1 Y:,n~r'rr•fIorL, =.r-f,~ir.Ft :r,•It~'llfl #'Pt~~ '!tr'rl#slrl.~l ~II'Ylltc ;'iff 4}"1E~ a?p11~'~,1 ~Vf1~f~ ~"t4 [3Y St1E' IS r~~?~~larly employed. All wage and disability payments, including worker compensation benefits, pension a payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the agency which regularly employs the member providing service pursuant to this agreement in the same manner as though such service had been rendered within the limits of the agency where such person is regularly employed. Each responding participating agency shall remain responsible for the payment of salary and benefits as well as for legal defense of the responding agency's personnel when acting pursuant to this agreement. 13. Liability: In the event that any person performing law enforcement services pursuant to this agreement shall be named or cited as a party to any civil claim or lawsuit arising from the performance of their services, said person shall be entitled to the same benefits from their regular employer• as they would be entitled to receive if such similar action or claim had arisen out of the performanc~ of their duties as a member of the agency where they are regularly employed and within the jurisdiction of the agency by whom they are regularly employed. The participating agencies hereby agree and covenant that each agency shall remain solely responsible for the legal defense and any legal liability due to the actions of an officer or other personnel regularly employed by said agency. Nothing herein shall be construed to expand or enlarge the legal liability of a participating agency for any alleged acts or omissions of any employee beyond that which might exist in the absenc:e of this agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a participating agency or against an officer or employee of a participating agency. 14. Waiver of Claims: Each party to this agreement and its participating members respectively waives all claims against each and every other party or member for compensation from any loss, damage, personal injury or death occurring as a consequence of the performance of this agreement even though such alleged damage may have or is alleged to have occurred as a result of alleged negligent or other tortuous conduct of any party to this agreement. 15. Immunity Not Waived: The parties hereto expressly do not waive any immunity or other defenses to any civil claims with the execution of this agreement. It is understood and agreed that, by executing this agreement, no party or member hereto waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available in claims arising which are in connection with any activity conducted pursuant to this agreement. s 16. Venue: Each party to this agreement agrees that if legal action is brought under this agreement, the venue shall lie in the count;f in which the defendant member is located, and if located in more than one county, then it shall lie in the county in which the principal offices of said defendant member are located. The Parties N~ereby stipulate and agree that this agreement is to be construed ancl applied under Texas law. 17. Arrest Authority Out~ide Primary Jurisdiction: It is expressly agreeci and understood that a law enforcement officer employed by a participating agency who perforfins activities pursuant to this agreement may make arrests outside the jurisdiction in which said officer is regularly employed, but within the area covered by this agreement; providec~, however, that the law enforcement agency of the requesting jurisdiction and/or the jurisdiction in which the arrest is made shall be notified of such arrest without unreasonable delay. The peace officers employed by the parties to this agreement shall have such investigative or other law enforcement authority in the jurisdictional area encompassed by the participating agenci ~~~, collectively, to this agreement as is reasonable and proper to accorroplish the purposes for which a request for mutual aid assistance is made pursuant to this agreement. 18. Clauses Severable: The provisions of thi5 agreement are to be deemed severable such that should any one or more of the provisions or tea ms contained in this agreement be, for any reason, held to be invalid, illegal, void, or unenforcea~~le; such holding shall not affect the validity of any other provision or term herein and the agr~~ement shall be construed as if such invalid, unenforceable, illegal or void provision or term dic~ not exist. 19. Media Releases: The responsibility f~~r media releases rests with the agency whe~e the offense occurred. The designated Public Information Officer by that jurisdiction shall work closely with the supervisors of the MCIT and information will not be released to the media without the supervisors from the MCIT approving the cont=.=nt in regards to its potential consequences on the successful outcome of the case. Final authority ~or all media releases is retained by the requesting agency's chief executive. 20. Property and Evidence: All property and evic:3ence, including currency, seized in connection with state violations pursuant to this agreement will t~e processed and maintained by the requesting agency or as otherwise agreed. 6 21. Equitable Sharing: Any property seized as a direct or indirect result of a MCIT activation that is considered contraband subject to forfeiture aroceedings pursuant to Chapter 59 of the Texas Code of Criminal Procedure (CCP) will be handled in accordance with any prior Chapter 59 Forfeiture Agreements ente~red into by the Tarrant County Criminal District Attorney and each of the participating agencies. If no such agreement exists, th~n the parties to this agreement agree to handle said property in accordance with Chapter 59 of thr~ CCP. 22. Procedures for Review and Revision of this Agreement: Review of this agreement shall be made by the Board of Directors as required. The ~3oard of Directors shall meet annually, or as otherwise needed, to evaluate the results and merits of this multi-jurisdictional efFort. Any revisions or decisions regarding the operation of the MCIT shall be by a majority of votes cast by the Board of Directors in attendance at the called meeting. 23. Termination of Agre~ment: Any party to this agraement may terminate its participation or rights and obligations as a party by providing thirty (30) ~iays written notice to the Board of Directors at the address listed in Section 4 of this agreement. tiuch termination or withdrawal shall have no effect upon the ri~hts and obligations of the rer~laining parties under this agreement. 24. Effective Date: This agreement becomes effective immediately upon execution by the parties hereto and c:ontinues to remain in effect until terminated pursuant to Section 23 above. This agreement may be duplicated for disser~aination to all parties, and such duplicates shall be of the same force and effect as the original. 25. Modification: This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. This instrument contains the complete agreement of the parties hereto and any oral modifications, or written amendments not incorporated to the ~~reement, shall be of no force or efFect to alter any term or condition herein. 26. Execution of Agreement: This agreement shall be executed by the duly authorized official of the respective parties pursuant }:.~~~rrr ~ i€°i~ t~.;~~~r~~c~ul: ~f Y}l~% j~c's>>:~rninr•. 4~nr1;~ nf 4ha ra~nnCtive ~.tt?it~ t~f ~ocal ~c~v~rnmQrit. Copies 7 of said approving resolutions shall be attached hereto and made a part hereof. This agreement may be executed in multiple original copies by the respective Parties. 27. Compliance with Law: The Parties shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. 28. Coordinating Agency: The parties hereby a~ree that the Tarrant County Criminal District Attorney's Office shall serve as the C~~rdinating A~~•ncy of this ~pre?ment. The Tarrant C~unty Criminal District Attorney's Office shatl maintain on file executed originals and any future modifications to this agreement. th Executed and entered into this the 7 day of ~p,~em h~~e , 2010 by: TARRANT C.C1U~lTY ~RIIVIINAI QISTRICT ATTORNEY'S OFFICE - ~'~- ~.. ~~ ~ .li7~y ~ ~r~r~t~n Jr 'i~7fr~t Lc~uniy L`ri~r~inal ~ist~~~t Ait~rnc:y TARRANT COUNTY, TEXAS ~- ~~ y_ __~ _- f'~ r - Assistant Uistrict At ne ~ `By law, the OistricY Attorney's Office may only advise or approve contrects or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspedive of our client. Our approval of this document was offered solely for the benefrt of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s~. APPROVED AS TO FORM*: APPROVAL OF MCIT MEMORANDUM OF AGREEMENT: TARRANT COUNTY SHERIFF'S OFFiCE ~ ~I~ ~ 1 /~ Dee Anderson Date Tarrant County Sheriff APPROVAL OF NORTH CENTRAL TEXAS MAJOR CASE INVESTIGATIVE TEAM MEMORANDUM OF AGREEMENT: Executed and entered into on this day of CITY OF COLLEYVILLE Jennifer Fadden City Manager Steve Dye Chief of Police ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM: Matthew C. G. Boyle City Attorney 2011 Approved by Resolution No. File Number: 0-11-1788 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1788 File Type: Ordinance Status: Second Reading Version: 1 Requester: Office of the City Manager Agenda Date: 01/18/2011 Agenda No.: 5a 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: 1 01/04/2011 City Council 1 01/18/2011 City Council Title 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 Explanation Second Reading and Public Hearing There were no speakers regarding this item during the January 4, 2011 City Council meeting. First Reading and Public Hearing 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 City of Colleyville Page 1 Printed on 1/13/2011 Aaenda Briefinp Continued (0-11-17881 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, 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. City of Colleyville Page 2 Printed on 1/13/2011 Aaenda Briefinp Continued (0-11-17881 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 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 0-11-1788, 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. Also 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 1/13/2011 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-11-3312 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3312 File Type: Resolution Status: Resolution Version: 1 Requester: Office of the City Manager Agenda Date: 01/18/2011 Agenda No.: 6a Controlling Body: City Council Final Action: File Name: Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an extension to the current electric supply and necessary related services agreement with Next Era for a fixed price per KwH that is lower than contract rates for 2011-2013 Attachments: NYMEX Month Closing Prices Jan 2002-Jan 2011.pdf • Resolution R-11-3312.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/18/2011 City Council Title Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an extension to the current electric supply and necessary related services agreement with Next Era for a fixed price per KwH that is lower than contract rates for 2011-2013 Explanation Reading and Public Hearing The City of Colleyville is a member of the Texas Coalition for Affordable Power (TCAP), formerly Cities Aggregation Power Project, Inc. (CAPP) prior to November 1, 2010, a consortium of local governments who aggregate their electric power load to obtain optimal pricing of electricity. The City has obtained its electric power through TCAP since the advent of the deregulated electric market in 2002 and has saved a considerable amount of money over the years on its electric power purchases as a result. In 2008, electric prices began to drop from the historic highs experienced the previous two years and TCAP negotiated a five-year power supply agreement with Next Era, formerly Florida Power and Light, that the City of Colleyville authorized by resolution on October 21, 2008. Electric power pricing in Texas is linked to the price of natural gas and since 2008, the price of gas and electric power has continued to decline. For this reason, TCAP and its consultants have approached the market to obtain pricing of power beyond the current agreement's expiration in December 2013. Next Era responded to this solicitation with a"blend and extend" proposal that would offer immediate discounts of an estimated one-cent per kilowatt hour (KwH) and provide favorable pricing through 2018. The TCAP board believes the current market for electric power is favorable for extension of the power supply agreement . We are in an historically aberrant period of relatively low and stable prices as illustrated by the attached graph. At this point in time, natural gas prices are low and stable and there is excess capacity. Whether natural gas prices will remain low and stable through 2013 City of Colleyville Page 1 Printed on 1/13/2011 Aaenda Briefinp Continued (R-11-33121 depends a great deal upon the future of shale gas extraction. If environmental factors such as potential groundwater contamination limit the production of shale gas or if the economy recovers and industrial and electric company demand for gas increases, natural gas prices will rise. Most analysts of population growth also predict significant expansion of the population of Texas. How soon such growth will cause demand for electricity to grow faster than supply is unknown, but some forecasts suggest that the reserve margins for generation of electricity may dip below a reasonable level by as early as 2013. If that happens, electric prices will rise above current levels and going to the market for pricing of power after the 2013 agreement expires could put cities in jeopardy of paying significantly higher rates for electricity. The attached resolution authorizes TCAP to negotiate a long-term electric supply contract with Next Era and to execute that agreement if TCAP finds that the long-term price can be locked in at rates lower than what the City is currently paying. The TCAP board anticipates signing an extension with Next Era as soon as natural gas prices drop to a level that would produce a discount of approximately one-cent per kilowatt hour (KwH) under the current contract price. Financial Impact The City of Colleyville spent a total of approximately $726,000 on electric power in Fiscal Year 2010. A one-cent decline in the generation component of the City's electric purchases would have resulted in savings of about $58,000. Recommendation Approval City of Colleyville Page 2 Printed on 1/13/2011 NYM~X He~nry Hub Closing P~r~ce Jan 2002 ~ Jan 2011 $14.0~ 3 $12.00 ~ m ~ ~~o.aa ~ ~ ~ ~a.oo a ~ ~ ~6.00 ~ ~ Z $4.00 $2.00 $0.00 J02 J03 J04 J0~ J06 J07 JU8 J09 J10 J11 Mantk~ RESOLUTION R-11-3312 A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER (TCAP) TO NEGOTIATE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH THAT IS LOWER THAN CONTRACT RATES FOR 2011-2013, SAID EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018; APPROVING TCAP CONTRACTING WITH NEXT ERA AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH TCAP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2011 OR AS SOON AFTER FINALIZATION OF A CONTRACT AS POSSIBLE AND EXTENDING UP TO DECEMBER 31, 2018; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH TCAP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018 WHEREAS, the City of Colleyville, Texas (City) is a member of the Texas Coalition for Affordable Power ("TCAP"), a nonprofit political subdivision corporation dedicated to securing electric power for its political subdivision members in the competitive retail market; and WHEREAS, the City's current contract for power with Next Era arranged through TCAP expires December 31, 2013; and WHEREAS, the TCAP Board of Directors is currently considering a blend and extend contract with Next Era with indicative retail energy prices that will reduce the prices under the current contract for the next three years and extend a fixed price for energy through December 31, 2018; and WHEREAS, the current contract is a master agreement between TCAP and Next Era endorsed by contract with individual TCAP members; and WHEREAS, the City must assure TCAP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through TCAP for the period beginning January 1, 2011 or as soon after finalization of a contract as possible, and extending through December 31, 2018; and WHEREAS, TCAP intends to continue to contract with Next Era (power supply) and Direct Energy (billing, administrative and other customer services); and Resolution R-11-3312 Page 2 of 2 WHEREAS, the current contractual relationships between TCAP and Next Era and Direct Energy have been beneficial and cost effective for TCAP members and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the TCAP Board and its consultants and advisors are agents authorized to negotiate for the City's electric power needs as a member of TCAP and extend the current supply agreement through December 31, 2018. Sec.2. THAT the City will execute a contract with TCAP that permits the Chairman of TCAP to sign a Commercial Electricity Supply Agreement ("CESA") for the City's electricity needs and related, necessary services extending up to December 31, 2018, as a member of TCAP and commits its load for the same period pursuant to the contract recommended and approved by the TCAP Board of Directors, provided that the energy price to be paid per KwH in 2011-2013 is less than the current contract price for 2011-2013 resulting in savings for the City and that the fixed price for the period 2011-2013 will continue through December 31, 2018. Sec. 3. THAT the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by TCAP and signed by the Chairman of TCAP on behalf of all TCAP members for the term extending up to December 31, 2018. Sec. 4. THAT a copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to TCAP. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, DAY OF NAYS AND 2011. CITY OF COLLEYVILLE David Kelly Mayor File Number: R-11-3313 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3313 File Type: Resolution Status: Resolution Version: 1 Requester: Economic Development Department Agenda Date: 01/18/2011 Agenda No.: 6b File Name: Approval to establish the Architectural Review Commission Controlling Body: City Council Final Action: Attachments: City of Colleyville Economic Development Incentive Guidelines and Criteria • Resolution R-11-3313. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Approval to establish the Architectural Review Commission Explanation Reading and Public Hearing On November 3, 2010, City Council adopted Resolution R-10-3286 containing a new set of Economic Development Incentive Guidelines and Criteria. Included within the attached Guidelines and Criteria was a new matching grant program with a provision that all applications be reviewed 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 Colleyville 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. At the January 4, 2011 Pre Council meeting, City Council reviewed and discussed the merits of creating an Architectural Review Commission. City Council directed staff to return with a Resolution for consideration on the January 18, 2011 City Council agenda. City of Colleyville Page 1 Printed on 1/14/2011 Apenda Briefinp Continued (R-11-33131 Resolution R-11-3313 is attached for consideration by the City Council. Financial Impact There will be no financial impact Recommendation Approval City of Colleyville Page 2 Printed on 1/14/2011 CITY OF COLLEYVILLE, TEXAS ECONOMIC DEVELOPMENT INCENTIVE GUIDELINES AND CRITERIA Section 1. General Purpose and Objectives General Purpose The policy herein is intended as a guide for use in developing economic development incentive packages under the provisions of state law. Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose adopted within this set of Guidelines and Criteria. Obiectives The City of Colleyville, Texas, has made a long-term commitment to economic development. The City seeks to foster a more diversified tax base so that it may deliver sustainable government. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give consideration to providing tax abatements and other forms of economic development incentives as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to provide any type of incentive to any applicant. The City of Colleyville's Economic Development Department is charged with retaining existing businesses, attracting new businesses and marketing Colleyville-with the goal of expanding the City's commercial tax base. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish these important tasks: - To identify and assist retail developers, corporate office and medical/physician specialist/ laboratory-related facilities to invest and build new, high quality sales and property tax- generating projects in Colleyville; - To assist landowners in the sale, development, and redevelopment of potential retail, office and hotel sites to their highest and best use; and - To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and other sales tax and property tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goal, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to attract similar new businesses to Colleyville. City of Colleyville Guidelines and Criteria Page 2 of 10 Within the context of these goals, the City of Colleyville will give consideration to providing reasonable incentives as a stimulus for new development and redevelopment on a case-by- case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to an applicant. The City recognizes that only certain businesses are worthy of incentives. Section 2. Criteria Any request for a tax abatement or any other type of economic development incentive shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will address in narrative form within or on pages attached to the City's Application for Economic Development Incentives: Employment Impact - Total number of full time equivalent jobs brought to Colleyville; - Types of jobs created; - Total annual payroll. Fiscal Impact - Total real and personal property value to be added to the tax roll; - Anticipated direct sales tax to be generated at one (1) percent of taxable sales; - Other revenues generated for the City: franchise payments, occupancy taxes, utility revenues, etc.; - Amount of city infrastructure construction or participation required; - Projected total annual operating budget of the facility. Communitv Impact - The expected effect the project will have on the local housing market; - The expected environmental impact, if any, created by the project; - The compatibility of the project with the City's Comprehensive Plan; - The impact on neighboring businesses and/or property owners; - The project's location (i.e. is it proposed to be located in a targeted area or an area designated for redevelopment?); - The project's impact on the cost or provision of Colleyville municipal services; - The project's type of business enterprise (i.e. is it among the types of businesses targeted for retention within or attraction to Colleyville?). Competitive Impact - The effect the project would have on existing businesses in Colleyville; City of Colleyville Guidelines and Criteria Page 3 of 10 - A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; - A list of specific businesses seen as direct competitors to the applicant. Please note that the City of Colleyville seeks first to retain existing businesses and therefore will consider whether an applicant will compete or potentially displace existing Colleyville businesses. Section 3. Types of Incentives It is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Colleyville's goal is to adequately package incentives, with clear parameters, that are tailored to match business needs-as well as to the types of businesses Colleyville prefers. Likewise, Colleyville recognizes how incentives that encourage business growth and development are often unique to the needs of each individual business. The City is therefore open to discuss any particular incentive(s) that may be necessary for a business to ensure its success in Colleyville. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport exemptions, state tax grants and other grants in general, as well as participation in infrastructure and waiver of fees. These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program. The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville. All incentive agreements will be performance-based. Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 4. Value of Incentives Following an assessment of the response provided to the criteria contained in Section 2, the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be granted to the applicant. The review process will examine the "value added" terms of the project. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Moreover, the City will consider whether the proposed business type is included on the targeted list City of Colleyville Guidelines and Criteria Page 4 of 10 identified within the three point strategy included in Section 1. above. Preference is given to medical/physician specialist/laboratory-related facilities and corporate office uses. Tax Abatements: A Tax Abatement may be offered in two categories: 1. Real Property (not located in the TIF District); and/or 2. Business and Personal Property Real property abatements may be offered to applicants which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply only to the value of improvements made. Business Personal property abatements may be offered to applicants which will pursue the purchase or long-term lease of existing facilities. The abatement will apply to the value of new personal property brought into the taxing jurisdiction. State law permits municipalities to grant a maximum property tax abatement of 100 percent each year for up to ten (10) years. Once a determination has been made that a tax abatement may be offered, the City will determine the value and term of the abatement according to the following schedule: Minimum Abatement Percentage of Property Du ration Abatement Investment Considered by Council $2 million* 1St year Up to 100% 2nd year Up to 90% 3rd year Up to 80% $5 million 1St year Up to 80% 2nd year Up to 70% 3`d year Up to 60% $10 million+ 1St year Up to 60% 2n~ year Up to 50% 3`d year Up to 40% *Only medical, physician-specialist or laboratory facilities are eligible for consideration. City of Colleyville Guidelines and Criteria Page 5 of 10 Each application for consideration of a tax abatement, whether for Real Property or Business and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall cover the cost of staff time spent analyzing and evaluating the application's merits. Grants The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas Local Government Code also permits loans and grants of City funds and use of City staff and City facilities at minimal or no charge. Any such use must be construed as serving a"public purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and the applicant. Retail Sales Tax Grants By contract, the City may provide an incentive consisting of an annual grant through a tax rebate, based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant. The City is authorized by Section 380.001, Texas Local Government Code, to make such grants. Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable items by the applicant at the applicant's business location in the City. The applicant by contract will be required to provide a sales tax certificate setting forth the applicant's collection of sales and use tax for the sale of taxable items consummated at the applicant's business location in the City for the previous ending twelve (12) calendar month period, with such supporting documentation as may be required by the City. The grant would be conditioned on the applicant's continued ownership/occupancy of the project site. The sales tax grants would be paid in annual installments within ninety (90) days of the end of each twelve (12) calendar month period following the issuance of the certificate of occupancy for the facility, or other commencement date if no certificate of occupancy is required. The grant would not include any of the City sales and use tax receipt from the imposition and collection of sales and use tax for taxable items consummated at any location, business establishment or by any other entity in the city, other than from the applicant's sale of taxable items at the applicant's business location in the city. Any sales tax grant payable would be limited to the extent that the City has received sales tax from taxable sales by the applicant. The City would not be required to provide any grant for any twelve (12) calendar month period during the term of the agreement for which the City has not received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar month period. City of Colleyville Guidelines and Criteria Page 6 of 10 The City's obligation to pay the sales tax grants in the agreement would additionally be conditioned upon the applicant requesting and providing sales tax documentation from the Office of the Comptroller of the State of Texas. The City may also condition the incentive upon the creation of employment, construction of improvements, certain development, continued operations for a stated period, or other public consideration. Any incentive agreement shall be written in a legally enforceable contract. The contract shall require the applicant to construct certain improvements or expansions and contain at a minimum the following terms: 1. Generation of a certain level of sales tax; 2. An annual written certification that applicant is in compliance with the agreement; 3. Authority to terminate or modify the agreement if applicant fails to comply with agreement; 4. Minimum term of occupancy or continued operations within the city. 5. Authority/permission for the City to schedule an annual inspection of the business or facility. 6. Annual review of the business entity's financials; 7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal increases throughout the term of the contract. 8. Claw-back or recapture of any and all rebated grants should the applicant default on any portion of the contract (see Section 5. Recapture below). In the event the applicant files an amended sales and use tax return,- or report with the State of Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas, affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant payment for the next twelve (12) month calendar period immediately following such State of Texas approved amendment could be adjusted accordingly provided that the City has received sales tax receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the applicant should provide the City with a copy of any such amended sales and use tax report or return, and the approved thereof by the State of Texas. In the event the State of Texas determines that the City erroneously received sales tax receipts, or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and use tax for a previous twelve (12) calendar month period for which the applicant has received a sales tax grant, the applicant will be required within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such sales tax grant exceeds the amount to which the applicant was entitled pursuant to such State of Texas determination, repay such amount to the City. City of Colleyville Guidelines and Criteria Page 7 of 10 Infrastructure Particiaation and Waiver of Fees The City of Colleyville may agree to partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, building permit applicants, utility taps and similar fees. Matchinq Grants In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also consider providing matching grants of up to $15,000 for each of the following types of investments through a public/private, cost-sharing program: 1. Fa~ade improvements-Existing building fa~ade improvements that meet the following criteria: - Proposed improvements must exceed City's minimum rating criteria for commercial building designs; - Proposed improvements must be reviewed and approved by an Architectural Review Commission. 2. Signage removal and replacement-Assistance with pole sign removal and/or replacement as landscaped monument signs or landmark signs (if applicant meets the City's square footage requirement); signage plan must meet the following criteria: - Proposed signage removal and replacement must meet all the current requirements of the City's Land Development Code and be reviewed and approved by an Architectural Review Commission. 3. Tenant improvements for destination restaurants and retailers-Restaurants must not be presently located in Colleyville or any immediately adjacent city. All applications for Matching Grants must also submit a written business plan for review and comment by the City's SCORE business counseling office. Matching Grant incentives will consist of cash payments payable upon successful completion and inspection of all facility improvements or redevelopment, as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant. If the City chooses to utilize the Matching Grant program, the City may elect to make a grant in an amount up to 50% of the cost of improvement, not to exceed $15,000 per improvement, with a minimum business investment of $5,000. Non-Cash Incentives The City of Colleyville will also consider providing non-cash incentives (primarily procedural in nature) for stimulation of development and redevelopment. Such incentives include: City of Colleyville Guidelines and Criteria Page 8 of 10 1. Signage and intersection improvements already funded within the CIP; 2. Fast-track planning, plans review and permitting, as staff work level allows; 3. Dedicated inspections; 4. Corporate relocation assistance for employees and their families; 5. Employee recruitment and training, as funded through State of Texas grant programs and Tarrant County College; 6. Possible access to community bank lending through the City's CDARS program; 7. Recreational opportunities; 8. Business promotion and assistance; 9. Assistance with demolition of existing structures for redevelopment and new investment. Public Imarovement Districts The City of Colleyville is also willing to consider the creation of Public Improvement Districts (PIDs). Public Improvement Districts may be created by a municipality at the request or with the consent of property owners. PI Ds allow for the levy of voluntary assessments and the issuance of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for capital improvement projects and maintenance within the geographic area. Section 5. Recapture All incentive agreements shall include a provision allowing City staff access to the applicant's business and/or facilities for an annual inspection, so the City may monitor and enforce accountability. In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyville in full. All incentive agreements will be negotiated and executed to include claw-back provisions. Section 6. Procedural Guidelines Any person, organization or corporation desiring that the City of Colleyville consider providing economic development incentives to encourage location or expansion of operations with the city limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide incentives of any amount or value to any applicant. Preliminary Application Steps 1. Applicant shall complete an "Application for Economic Development Incentive" as provided by the City. 2. Applicant shall address all criteria questions outlined in Section 2. above directly on the application form and in letter format, if additional explanation and information are necessary. City of Colleyville Guidelines and Criteria Page 9 of 10 3. Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site. If the property is described by metes and bounds, then the applicant shall also provide a complete legal description. 4. Applicant shall present the application to the Director of Economic Development and obtain his/her signature that the package is complete before formal submission to the City. Applicant shall complete all forms and information detailed in items 1 through 3 above and submit them to the Director of Economic Development, City of Colleyville, 100 Main Street, Colleyville, Texas 76034. Application Review Steps 1. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 2. The application will be distributed to the appropriate City departments for internal review and comment~. Additional information may be requested as needed. 3. Copies of the complete application package and staff comments will be provided to the City Council. 4. In light of the proprietary nature of this data, all information included within the application shall remain confidential unless and until formal action is taken to establish an incentive agreement. Consideration of the Aaalication The City Council will consider the application at a regular or called meeting(s). State law stipulates that incentives need to be endorsed by a local governing body. Therefore, additional information may be requested as needed. The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate. The Colleyville City Council shall hold a public hearing and determine whether the project is "feasible and practical" and whether it "would be of benefit to the land to be included in the zone and to the municipality." The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives. City of Colleyville Guidelines and Criteria Page 10 of 10 If the City Council chooses to grant a tax abatement, the City must designate an area as a reinvestment zone. Any City designating a reinvestment zone must make two findings: 1. Proposed improvements are feasible and practical and would benefit the zone; and 2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion include 1) whether the proposed project within the zone is likely to contribute to the retention or expansion of primary employment or 2) to attract investment within the zone. RESOLUTION R-11-3313 A RESOLUTION ESTABLISHING AN ARCHITECTURAL REVIEW COMMISSION WHEREAS, the City of Colleyville has a new set of Economic Development Incentive Guidelines and Criteria, which City Council unanimously adopted through Resolution R-10-3286 on November 3, 2010; and WHEREAS, this program includes a provision that applications related to fa~ade improvements or pole signage removal and replacement be reviewed by an Architectural Review Commission; and WHEREAS, Colleyville is home to numerous residents who are architectural, planning or engineering design professionals, or who work in development-related fields, who consider design issues on a daily basis and who have the expertise to benefit the City's future development and redevelopment; and WHEREAS, the creation of an Architectural Review Commission will further engage the Colleyville community in the City's economic development efforts; and WHEREAS, an Architectural Review Commission will provide an analysis of issues such as the quality and effectiveness of Colleyville's Commercial Design Standards and the possibility of an Overlay District within the core of the Colleyville Boulevard corridor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby establishes an Architectural Review Commission, to be appointed by the City Council. Sec. 2. THAT the Architectural Review Commission shall serve in an advisory role to the Colleyville City Council and is hereby charged with the following responsibilities: a. To evaluate and make recommendations on matching grant program applications for facade improvements and/or pole signage replacements b. To evaluate the quality and effectiveness of Colleyville's Commercial Design Standards c. To evaluate the possibility of an Overlay District within the core of the Colleyville Business Corridor, as well as oversee recommendations on any related Design Guidelines which may be subsequently adopted Resolution R-11-3313 Page 2 of 2 d. To conduct other architectural and design-related studies as requested by the City Council Sec. 3. THAT the Architectural Review Commission shall be composed of seven (7) members. Three (3) members shall be appointed by the City Council for an initial term of one (1) year and four (4) members shall be appointed by the City Council for a term of two (2) years, with subsequent appointees serving two year terms. Sec.4. THAT any Commission member who has designed, worked on or consulted with a matching grant program applicant or agenda subject, shall recuse themselves from voting in those circumstances. Sec. 5. THAT any member with unexcused absences from three (3) consecutive meetings or not exhibiting interest in the work of the Commission shall be reported to the City Council, which may at their discretion remove the Commission member and appoint a replacement. 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 File Number: R-11-3314 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3314 File Type: Resolution Status: Resolution Version: 1 Requester: Office of the City Manager Agenda Date: 01/18/2011 Agenda No.: 6c Controlling Body: City Council Final Action: File Name: Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Attachments: FY 2011-2015 Utility Rate Plan - Wthout TRA Rate Increase Pass Through.pdf • FY 2011-2015 Plan - Pass Through of TRA Rate Increases Including Minimum Bill Gallons.pdf • Water and sewer rate comparison of surrounding cities.pdf • Resolution R-11-3314.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Explanation Reading and Public Hearing Trinity River Authority (TRA) is the sole provider of the City's treated water and sewer. TRA's Fiscal Year 2011 (FY 2011) budget went into effect on December 1, 2010. The FY 2011 TRA rate per 1,000 gallons for treated water is $2.32 and the rate per 1,000 gallons for treated sewer is $1.63. The TRA rates for FY 2010 were $2.27 for water and $1.53 for sewer, a$.05 and $.10 increase, respectively. The increases in the rates are due to greater costs for chemicals and debt service for recent TRA debt issuances to fund federal environmental mandates and replacement of aging infrastructure. The City's current water and sewer rate structure of $3.48 per 1,000 gallons of water and $2.17 per 1,000 gallons of sewer is based upon the FY 2010 TRA rates: water at $2.27 per 1,000 gallons and sewer at $1.53 per 1,000 gallons. As a part of the FY 2011 budget presentation, staff informed the City Council that a pass through rate increase would be necessary in the event TRA's FY 2011 rates were greater than those in the City's current rate structure. Ordinance 0-89-741 allows a direct pass through of rate increases on all usage above 2,000 gallons for treated water and sewer by Trinity River Authority to be adopted by resolution. Exhibit "A" is a five year projection of utility fund expenses and coverage for FY 2011-2015 under the current rate structure. Due to future TRA rate increases, the current water and City of Colleyville Page 1 Printed on 1/13/2011 Aaenda Briefinp Continued (R-11-33141 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. For FY 2011, the projected debt coverage ratio is 1.15 and does not meet the 1.20 debt coverage ratio required by the 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 unti l the coverage ratio is met. In order to meet the required debt coverage ratio for FY 2011, a TRA pass through water rate adjustment of $0.05 per thousand and a sewer rate adjustme nt of $0.10 per thousand is needed. At the December 14, 2010 Pre Council meeting, a rate proposal was presented to City Council, in which both TRA water and sewer rate increases would be passed along on all usage above 2,000 gallons and 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 aforementioned 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. This rate proposal would provide financial stability by keeping the utility coverage ratio above 1.20. At the December 14, 2010 Pre Council meeting, City Council directed staff to bring forward at the January 18, 2011 City Council meeting, a resolution 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 Ordinance 0-89-741. Resoluti on R-11-3314 proposes the TRA pass through water rate increase of $.05 and t he TRA pass through sewer rate increase of $.10 to be effective February 1, 2011. So that there is an awareness of future TRA rate increases, Exhibit " A" displaying TRA projected rates for FY 2011-2015 is included with the resolution. City Council also 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, as the existing Ordinance 0-89-741 does not include a provision to pass through TRA water and sewer rate increases on the first 2,000 gallons of usage included in the minimum bill. For FY 2011, this would be a monthly increase of $0.10 and $0.20 for water and sewer, respectively on the minimum bills. Ordinance 0-11-1788, which passes through future TRA rate increases in the minimum bill, was presented to the City Council for first reading on January 4, 2011 and is included on the January 18, 2011 City Council agenda for second reading. 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 for the pass thorough of TRA water and sewer increases on all usage above 2,000 gallons and the first 2,000 gallons 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 the TRA pass through rate increase proposal. Financial Impact The pass through of future TRA water and sewer rate increases generate sufficient City of Colleyville Page 2 Printed on 1/13/2011 Aaenda Briefinp Continued (R-11-33141 coverage to offset the increase in TRA rates for treated water and sewer. Recommendation Approval City of Colleyville Page 3 Printed on 1/13/2011 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 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) RESOLUTION R-11-3314 A RESOLUTION PASSING THROUGH A WATER AND SEWER RATE INCREASE FROM THE TRINITY RIVER AUTHORITY TO THE CITY OF COLLEYVILLE WHEREAS, in Fiscal Year 2011, the Trinity River Authority has increased the cost per thousand gallons of treated water by $.05 and increased the cost per thousand gallons of treated sewer by $.10 to the City of Colleyville; and WHEREAS, under Ordinance 0-89-741, the City Council may, by Resolution, increase rates proportionately to pass through direct increases by Trinity River Authority for water delivery charges or sewer treatment charges; and WHEREAS, Trinity River Authority provides a five-year rate projection of cost per thousand gallons for treated water and treated sewer, which will impact future water and sewer rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT for all customer classes, the rate per thousand gallons of water, for all usage greater than 2,000, shall increase from $3.48 to $3.53 effective February 1, 2011. Sec. 2. THAT for all customer classes, the rate per thousand gallons of sewer, for all usage greater than 2,000, shall increase from $2.17 to $2.27 effective February 1, 2011. Sec. 3. THAT Exhibit "A" displays the Trinity River Authority's five-year rate projection of cost per thousand gallons for treated water and treated sewer by fiscal year to provide an awareness of the impact on future water and sewer rates. AND IT IS SO RESOLVED. APPROVED BY ABSTENTIONS 2011. ATTEST: A VOTE OF AYES, NAYS AND ON THIS THE DAY OF Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" Trinity River Authority's Five-Year Projected Water Rate Cost by Fiscal Year (per 1,000 gallons) Fiscal Year 2011 $2.32 Fiscal Year 2012 $2.29 Fiscal Year 2013 $2.35 Fiscal Year 2014 $2.48 Fiscal Year 2015 $2.53 Trinity River Authority's Five-Year Projected Sewer Rate Cost by Fiscal Year (per 1,000 gallons) Fiscal Year 2011 $1.63 Fiscal Year 2012 $1.75 Fiscal Year 2013 $1.93 Fiscal Year 2014 $2.08 Fiscal Year 2015 $2.15 SPEAKER CARD Date: ~ - ~ ~ _~ ( I wish to address the City Council on the foilowing subject: Agenda Item Number: ~ Telephone No. ~/Z ~ f 7-36~/ organizationise~t Signed: ~~~ This infokt~-~tion is a Public Record 1 understand that / am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the ru/es" in order to hear public comments or question~ 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: 01/18/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports - January 18, 2011 Attachments: Zoning Board of Adjustment Minutes- December 8, 2010 • Sign Board of Appeals Minutes - December 8, 2010 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/18/2011 City Council Title Zoning Board of Adjustment Minutes - December 8, 2010 Sign Board of Appeals Minutes - December 8, 2010 City of Colleyville Page 1 Printed on 1/13/2011 ~"'=~~~ City of Colleyville ~ ~ ~ ~~'~ Minutes - Final r, ~.t, Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, December 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 Chairman McNosky on December 8, 2010 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Ed Moore, Dee McNosky and Tracy Doyle (Alternate 2) Absent: Board members Skip Reynolds Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the June 8, 2010 meeting minutes. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle and McNosky Absent: 1 - Reynolds 5. SWEARING IN OF RE-APPOINTED AND NEWLY APPOINTED MEMBERS Amy Shelley adminsitered the oath of office to the newly and re-appointed members. Present: Board members Jim Gotcher, Ed Moore, Dee McNosky, Tracy Doyle and John Okray (Alternate 2) Absent: Board members Skip Reynolds and Eric Hulet Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley 6. ELECTION OF OFFICERS Board member Moore moved to approve Dee McNosky as the Chairman of the Board. Board member Gotcher seconded. City of Colleyville Page 1 Printed on 1/12/2011 Zoning Board of Adjustment Minutes - Final December 8, 2010 Board member Gotcher moved to approve Ed Moore as the Vice Chairman of the Board. Board member poyle seconded. Board member McNosky moved to approve Amy Shelley as the Recording Secretary of the Board. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle and McNosky Absent: 1 - Reynolds 7. PUBLIC HEARING AGENDA ITEMS 7a Case VC10-005 - Request for a variance to the side setback requirements of Chapter 3 of the Land Development Code on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:12 p.m. Don Enty, the applicant and property owner, came forward to present the case and brief the Board members. Chairman McNosky questioned staff regarding if Mr. Enty's request to abandon Ruth Road can be heard by this Board. Ron Ruthven stated that the Zoning Board of Adjustment is not the venue to ask for a road abandonment, only City Council can approve a road abandonment. Chairman McNosky questioned staff regarding if the Board can allow for such a variance given the issue with Ruth Road. Ron Ruthven replied yes. Discussion occurred between Board member Moore and staff regarding the streets in this area. Steve Pence, 5601 Montclair Drive, came forward and spoke in opposition to this variance request. Mr. Enty came forward and restated that Ruth Road needs to be abandoned to resolve these issues. Board member Moore questioned Mr. Enty regarding if the current home is going to be torn down. Mr. Enty replied correct. Discussion occurred between the Board members and Mr. Enty regarding all of the existing structures. City of Colleyville paye 2 Printed on 1/12/2011 Zoning Board of Adjustment Minutes - Final December 8, 2010 Board member Moore questioned Mr. Enty regarding if trees will be taken down. Mr. Enty replied there are a few small trees that will be taken down to clean up the property. Board member Moore questioned Mr. Enty regarding the proximity of the location of the new home. Mr. Enty used the exhibits to show the Board members the location of the new structure. Board member Gotcher questioned staff regarding if the new structure is proposed to be 3 feet next to the property line adjacent to Ruth Road as it exists today. Ron Ruthven replied yes. Board member Gotcher questioned staff that if Ruth Road is divided in half, like it was done previously, would the new structure comply with the set back requirements. Ron Ruthven replied yes. Chairman McNosky questioned staff regarding if there is a possibility that if Ruth Road is abandoned, it could all go to the adjacent property owner. Ron Ruthven replied yes. Chairman McNosky further stated that if that scenario plays out, then the structure will sit closer to the adjacent property owner's property line. Ron Ruthven concurred. Board member Moore questioned Mr. Enty regarding the opposite side of the house. Mr. Enty replied that is an office which is within the side setback. Ron Ruthven concurred and restated that the variance request is for the area adjacent to Ruth Road. Board member Gotcher stated to Mr. Enty that there is some confusion with this drawing. Mr. Enty replied the drawing for that side is in error, the structure meets the set back requirement for that side. Board member Gotcher questioned Mr. Entry regarding what are the plans if the variance is not approved. Mr. Enty replied he wants some resolution for Ruth Road and then will try and set the structure back so that he is within the set back requirements. Board member Moore questioned Mr. Enty regarding how far back would the proposed structure have to be moved in order to make the set back requirements. Mr. Enty replied he would only have to move the garage 15 feet to make it work. Board member poyle questioned staff regarding if the City actually has the right of way for Ruth Road, has it been deeded over to the City? Ron Ruthven replied it was dedicated as part of a plat. City of Colleyville Page 3 Printed on 1/12/2011 Zoning Board of Adjustment Minutes - Final December 8, 2010 Board member poyle stated the encroachment would actually be on City property. Ron Ruthven replied correct. Board member Gotcher stated that Mr. Enty's quest to get resolution on Ruth Road is beyond what the Board can approve, it will have to go before City Council. He stated he would recommend that the Board table this item or take a vote. Mr. Enty stated he has been working with City Council for a good year, with no resolution. He stated with the approval of the variance, he can start building the house and then work towards getting a resolution on Ruth Road. Chairman McNosky stated understanding both positions, and stated the request for the abandonment of Ruth Road is for City Council. She stated the variance could be granted, however with the outstanding legal issues she stated being uncomfortable with making that decision. Board member Gotcher stated understanding the situation, but it is, to some extent, it is a self imposed hardship. There being no one wishing to speak, the public hearing was closed at 7:48 p.m. Board member Moore moved to deny case VC 10-005. Board member Gotcher seconded. The motion to deny failed by the following vote: Aye: 3- Gotcher, Moore, McNosky Nay: 2- Doyle, Okray, Alt. 2 Ron Ruthven reminded the Board members that if the motion fails, the case is automatically denied according to the rules of procedure. 7b Case VC10-006 - Request for a variance to the side setback requirements of Chapter 3 of the Land Development Code on Lot 1, Block 1 of the Couch Potatoe Farm Addition located at 1700 Oak Knoll Drive Ron Ruthven presented the case and briefed the Board members Mike and Cathy Neece, the applicants and property owners, came forward to present the case and brief the Board members. Chairman McNosky opened the public hearing at 7:48 p.m. City of Colleyville Page 4 Printed on 1/12/2011 Zoning Board of Adjustment Minutes - Final December 8, 2010 Board member Okray questioned Mrs. Neece regarding which neighbors are in support of this request. Mrs. Neece replied the neighbors the west and east. She further stated the neighbors to the rear are way far away. Discussion occurred between Board member Gotcher and staff regarding the placement of the bay window with regards to the set back requirements. There being no one wishing to speak, the public hearing was closed at 7:56 p.m. Board member Moore moved to approve case VC 10-006. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, Okray, Alt. 2 Absent: 2- Reynolds, Hulet, Alt. 1 8. ADJOURNMENT The meeting adjourned at 8:00 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 3, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 11, 2011. City of Colleyville Page 5 Printed on 1/12/2011 ,,, ~~~~ ~~~ ~ r, ~.~: Wednesday, December 8, 2010 7:15 PM City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on December 8, 2010 at 8:03 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Ed Moore, Dee McNosky, Tracy Doyle and John Okray (Alternate 2) Absent: Board members Skip Reynolds and Eric Hulet Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the September 14, 2010 meeting minutes as written. Board member poyle seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2 Absent: 2- Reynolds, Hulet, Alt. 1 5. PUBLIC HEARING AGENDA ITEMS 5a Case SC10-005 - Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Cannatella Business Plaza Addition located at 7111 Colleyville Boulevard. Jackie Reyff presented the case and briefed the Board members. Kirt and Donna Kaufman, 7111 Colleyville Boulevard, the applicants and property owners, came forward to present the case and brief the Board members. Chairman McNosky opened the public hearing at 8:16 p.m. Board member Moore questioned Mrs. Kaufman regarding if the sign is a reader board or changeable sign. Mrs. Kaufman replied the board could City of Colleyville Minutes - Final Sign Board of Appeals City of Colleyville Page 1 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 be changed but it is not electronic. Board member Okray questioned Mrs. Kaufman regarding the cascade look. Mrs. Kaufman replied the columns are different sizes. Board member Moore stated there are two requests, one for the location and one for the design. Chairman McNosky stated, for clarity, that staff is recommending approval on the location of the sign but not the design of the sign. Ron Ruthven concurred and stated the columns must be masonry, according to the sign code. Board member Gotcher questioned Mrs. Kaufman regarding what are the plans if the variance for the placement of the sign is approved but not the design of the sign. Mrs. Kaufman replied not wanting to put two eight foot columns because the sign would become cumbersome. She stated she may make the columns smaller. Board member Gotcher stated the layout of the property has created the need for this design on the sign. Mrs. Kaufman concurred. Chairman McNosky questioned Mrs. Kaufman regarding if a more traditional sign limit the visibility of the location. Mrs. Kaufman stated the sign gives them an opportunity to show case their designs by being unique, not necessarily limit the visibility of the business. Board member Moore questioned Mrs. Kaufman regarding if the trees, in the summer time, will block the visibility of the sign. Mrs. Kaufman replied the highway department has removed the trees that would block the sign. Board member Moore questioned Mrs. Kaufman regarding if the placement of the sign would be on the north or south side of the driveway. Mrs. Kaufman replied the north side of the driveway. There being no one wishing to speak, the public hearing was closed at 8:22 p.m. Board member Gotcher stated there is a unique layout of the property . He further stated this is a true hardship because of what the state is requiring. He stated the design requirements are not that far from what the code requires and therefore could support the request. Chairman McNosky concurred and stated this sign is being proposed in the spirit of the code requirements. City of Colleyville paye 2 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 Board member Moore moved to approve case SC 10-005 as written with both the location and design of the sign. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2 5b Case SC10-006 - Approval of a request for a variance from the sign regulations for a monument sign on Lot 3R1A, Block 1 of the Centerpark Addition located at 4607 Colleyville Boulevard Jackie Reyff presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:27 p.m. Van Miller, representing the property owner, came forward to present the case and brief the Board members. Board member Moore questioned Mr. Miller regarding if the existing sign was previously approved as a reader board sign. Mr. Miller replied the existing nor the proposed sign are not being requested as a reader board sign. Board member Moore questioned staff regarding if the height of the sign is being caused by the base of the sign. Ron Ruthven replied the height of the sign is measured from the base to the top of the sign, not necessarily the actual sign area. Mr. Miller stated architecturally, the roof, is unique to go along with the bank design. Board member Moore questioned Mr. Miller regarding if the current and proposed sign area are the same size. Mr. Miller replied yes. Board member Moore questioned staff regarding if the total square footage is measured by just the sign area, not necessarily the masonry that surrounds the sign, correct? Ron Ruthven replied correct, however, the total height is measured including the masonry. Board member Okray questioned Mr. Miller regarding what are the options if the variance is not approved. Mr. Miller stated there are really not a lot of options. Board member Moore stated the existing sign is 12 feet tall and the proposed sign is 10 feet tall. He further stated that is a decrease in size not an increase in size, overall. Ron Ruthven stated the existing sign does comply with current code requirements. He further stated the City of Colleyville Page 3 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 variance requested is for the newly proposed sign's location and dimensions. Discussion occurred between the Board members regarding the sign variance being requested and the existing sign. Board member Moore stated he agreed with the new location of the sign but further stated he did not agree with staff's recommendation of denial to the height requirement. He stated the applicant is requesting a less height than what was approved before. Chairman McNosky stated the motion could be separated or could be done together. There being no one wishing to speak, the public hearing was closed at 8:36 p.m. Board member poyle questioned Mr. Miller regarding if the sign is pushed back any further, would it place the new sign within the parking lot area. Mr. Miller replied there is room but yes, it would be within the parking spaces. Ron Ruthven stated there would be a sidewalk off set from the property line, however, the City would not know until the street is widened. Board member Gotcher stated there have been lots of issues with SH26, with Txdot, some have been approved and some have been denied. Board member Gotcher moved to approve with the setback requested and deny the height on case SC10-006. Board member Okray seconded. Board member Moore stated he would like the variance to be separated for the vote; he stated he wanted to a separate vote for the placement and a separate vote for the height. Board member Gotcher disagreed and stated he wanted to see what happens when the other board members vote. Ron Ruthven stated not having an issue with seperating the vote. City of Colleyville Page 4 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 The motion failed by the following vote: Aye: 3- Gotcher, Doyle, John Okray, Alt. 2 Nay: 2 - Moore, McNosky Absent: 1 - Reynolds Board member Moore moved to approve the setback variance requested for case SC10-006. Board member poyle seconded. The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2 Absent: 1 - Reynolds Board member Moore moved to approve the height requested for case SC10-006. Board member poyle seconded. The motion failed by the following vote: Aye: 3- Moore, Doyle, McNosky Nay: 2- Gotcher, John Okray, Alt. 2 Absent: 1 - Reynolds Chairman McNosky stated the setback has been approved, however, the height variance requested has not been approved. Board member Moore stated he would like staff to reevaluate the drawings regarding the sign request. Ron Ruthven stated he would research to see if the previous sign has had any variances previously approved. 5c Case SC10-007 - Request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Coptic Acres Addition located at 1110 John McCain Jackie Reyff presented the case and briefed the Board members. Awad Eskander, the applicant, came forward to present the case and brief the Board members. Chairman McNosky questioned Mr. Eskander if the sign is already constructed? Mr. Eskander replied yes, the lettering is not on the sign. Chairman McNosky questioned Mr. Eskander regarding if this was constructed as a wall and then later was thought it could be used for a sign. Mr. Eskander replied yes. City of Colleyville Page 5 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 Chairman McNosky opened the public hearing at 8:50 p.m. Jack Olsen, 7717 Shalimar Court, came forward and spoke in support of the request. Board member poyle questioned staff regarding if this was a planned development. Ron Ruthven replied the zoning for the property is R20-Single Family Residential. He stated a church is allowed in a residential district, however, the signage is restricted in a residentially zoned area. Board member Moore questioned staff regarding if this sign is not approved, would the sign have to be reduced or demolished. Ron Ruthven replied yes, however, if the variance is denied, the applicant can appeal to City Council. He stated they could keep the wall if they remove the lettering. Chairman McNosky stated the applicants are in a unique situation because of the location and lack of visability. She further stated the sign is very tasteful in relation to the church. Board member Gotcher questioned Mr. Eskander if the lettering is on the sign. Mr. Eskander replied no, the lettering has been ordered in hopes of using it as a sign. Chairman McNosky stated understanding the need for the sign because of the location on Pleasant Run Road. Board member Okray stated the wall can stay, correct. Chairman McNosky replied yes. There being no one wishing to speak, the public hearing was closed at 8:54 p.m. Board member Moore moved to approve case SC10-007 as written. Board member Gotcher questioned Mr. Eskander regarding the lettering. Mr. Eskander replied the lettering is a type of foam lettering with a gold leaf covering with a depth of about an inch or an inch and half, about 14 inches in height. He further stated the lettering has been done so that it could be read from John McCain. Board member McNosky seconded. City of Colleyville Page 6 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 The motion was denied by the following vote: Aye: 3- Gotcher, Moore, McNosky Nay: 2- Doyle, John Okray, Alt. 2 Board member Okray stated the wall could be engraved as opposed to letters sticking out. Ron Ruthven stated there is nothing in the code, as it exists, for engraving. Chairman McNosky stated the engraving could not be seen like lettering. She further questioned staff regarding how could the applicant utilize the wall for a sign. Ron Ruthven replied there is another church, in the city, that does meet code, that is fully masonry, with recessed lettering. He stated there are no lettering standards within the code. He stated the Board can make a recommendation and if the applicant wishes, they can appeal it to City Council. Board member Gotcher questioned staff if the Board could approve the wall to be used as a sign, but that the applicant must get with staff regarding the lettering. Ron Ruthven stated not being comfortable with making that recommendation. He stated the lettering could be specified to be no more than 12 inches, maybe a black or dark lettering and if the applicant does not like the recommendation, then they can appeal it to City Council. Board member Gotcher questioned Mr. Eskander regarding what size is the proposed lettering. Mr. Eskander stated the lettering proposed is to be about 14 inches. He further stated that the church committee went all over the city looking for similar signs to compare. He stated they are open to reduce the size but that with all of the other components of this sign, such as landscaping and trees, the size of the lettering is important to consider. Board member Gotcher moved to approve the request as requested with the lettering to be no more than 12 inches in height and that the smaller letters be in proportion to the lettering on the top for case SC10-007. Board member Moore seconded. Board member poyle stated this will bring the sign much closer to being in compliance with the code. Ron Ruthven stated there are no lettering requirements on monument signs. City of Colleyville pa ye 7 Printed on 1/12/2011 Sign Board of Appeals Minutes - Final December 8, 2010 The motion carried by the following vote: Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2 Absent: 1 - Reynolds 6. ADJOURNMENT The meeting adjourned at 9:09 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 3, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 11, 2011. City of Colleyville pa ye g Printed on 1/12/2011 RESOLUTION R-11-3315 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 18, 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