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HomeMy WebLinkAboutCity Council-Agenda Packets-3/1/2011~,'~'~£~~~~ :~~~~~ ~;._,_.`. ~~ City of Colleyville Agenda Clt)/ COUI1C11 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 1, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Quarterly Performance Management Report Attachments: PC-1.pdf Quarterly Performance Management Update.pdf Performance Measures by Department.pdf PC-2 Discussion of Illegal Smoking Products and Ingestion Devices Attachments: PC-2.pdf Illegal Smoking Products and Ingestion Devices presentation.pdf PC-3 Discussion of a City Council worksession regarding Commercial Development Standards Attachments: PC-3.pdf PC-4 Discussion of the March 1, 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 2/25/2011 City Council Agenda March 1, 2011 Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, duties and evaluation 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 Tom Pembleton, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3333 Attachments: Resolution R-11-3333 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a donation to the Colleyville Public Library for the Colleyville Second Floor Expansion Project, in the amount of $72,450, by the Colleyville Public Library Foundation - Cecilia Monacelli, President City of Colleyville Page 2 Printed on 2/25/2011 City Council Agenda March 1, 2011 Proclamation declaring March for Meals Awareness Month in Colleyville - Julie Donovan, Coordinator of Volunteer Recruitment, Meals on Wheels, Inc., Tarrant County Recognition of employees' years of service Recognition of employee achievements Attachments: 3- Announcements, Proclamations and Presentations.pdf March for Meals Awareness Month in Colleyville proclamation.pdf Employee Years of Service - Second Quarter Fiscal Year 2011.pdf Employee Achievements - March 1, 2011.pdf 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3334 4a Approval of the minutes of the regular City Council meeting of February 15, 2011 Attachments: Resolution R-11-3334 City Council Minutes - February 15, 2011.pdf 4b Approval of the disposal of obsolete and non-serviceable equipment and vehicles Attachments: 4b Briefing.pdf City of Colleyville March 2011 Auction List.pdf 4c Approval of a donation of a golf cart from Golf Cars of Dallas to the Colleyville Police Department Attachments: 4c Briefing.pdf City of Colleyville Donation and Transfer of Title.pdf 4d Approval of a donation of $1,840 from the Colleyville Lions Club to the Colleyville Public Library Attachments: 4d Briefing.pdf City of Colleyville Donation and Transfer of Title City of Colleyville Donation Policy City of Colleyville Page 3 Printed on 2/25/2011 City Council Agenda March 1, 2011 5. 5a 6. 6a ORDINANCE(S): FIRST READING AND PUBLIC HEARING 0-11-1792 Approval of amendments to Article II, Section 70 of the Code of Ordinances regarding Home Solicitations and Street Vendors Attachments: 5a Briefing.pdf City of Colleyville Proposed Solicitation Ordinance Main Points.pdf Current and Proposed Solicitation Ordinance Comparison.pdf Solicitation Guidelines for Citizens and Applicants.pdf Colleyville Police Department - Home Solicitation and Home Distribution Complaint Form.pdf Draft Solicitation Ordinance Red-Line Version.pdf Ordinance 0-11-1792.pdf RESOLUTION(S): READING AND PUBLIC HEARING R-11-3335 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Tract 3C1, Abstract 963 of the A.J. Lott Survey, located at 6607 Colleyville Boulevard, Case GC11-001 Attachments: 6a Briefing.pdf Location and Zoning Map Notification List ApplicanYs Request to Appeal to City Council Variance or Appeal Application Sign Exhibit Photos Provided by Applicant Sign Location Map A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2011 Resolution R-11-3335 6b R-11-3336 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Lot 1, Block 1 of the Tuscany Addition, located at 5850 Colleyville Boulevard, Case GC11-002 Attachments: 6b Briefing.pdf Location and Zoning Map Notification List Variance or Appeal Application ApplicanYs Request to Appeal to City Council Sign Exhibit Sign Placement Exhibit A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2011 Resolution R-11-3336 City of Colleyville Page 4 Printed on 2/25/2011 City Council Agenda March 1, 2011 6c R-11-3337 Consideration of appointment of an ex-officio member to the Colleyville Library Board Attachments: 6c Briefing.pdf Colleyville Library Board roster.pdf Steve Johnson Email dated February 9 2011.pdf Resolution R-11-3337.pdf 6d R-11-3338 Approval of changing the dates of the regular City Council meetings in October and December 2011 Attachments: 6d Briefing.pdf Resolution R-11-3338.pdf 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Library Board Minutes - December 13, 2010 Attachments: 8 - Reports.pdf Library Board Minutes - December 13, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 1, 2011 - Reading and Public Hearing - Resolution R-11-3339 Attachments: Resolution R-11-3339 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 25, 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 2/25/2011 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: 03/01/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Manager File Name: Presentation of the Quarterly Performance Management Report Attachments: Quarterly Performance Management Update.pdf • Performance Measures by Department.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Presentation of the Quarterly Performance Management Report Explanation The purpose of this presentation is to support the successful implementation and retention of the programs identified in the strategic plan and the general operations of the organization through the use of performance measures. The performance measures presented are the scorecard by which we measure our key performance indicators and ultimately our performance with respect to the five strategic points identified as the City Council's priorities. The attached spreadsheet includes every performance measure that is currently tracked as part of the yearly budget process. The year-end projections are color coded as follows: Gray - Statistic not available at this time Green - Meets or exceeds target Yellow - Within 25% of target Red - Less than 25% of target It should be noted that some of the measures may have seasonal variability or other factors that could make a year-end projection statistically inaccurate at this time. Staff will present the FY2011 first quarter report at Pre Council. City of Colleyville Page 1 Printed on 2/25/2011 QUARTERLY PERFORMANCE MANAGEMENT PRESENTATION PRE COUNCIL MEETING March 1, 2011 Mission The mission of the City of Colleyville is to provide unique customer service through our tradition of excellent stewardship, employee innovation and integrity. Integrity ^' Service ^' Innovation E n mi D v I m n co o c e e o e t p Performance Measures Percentage occupancy of retail space Percentage occupancy of office space Number/value of commercial remodel permits Number/value of new commercial building permits Department Program Economic Economic Development Development Economic Development Economic 36/$3.3M 40/$3.9M Development Economic Economic ~~$3.7M 10/$4.4M Development Development 15t Quarter Actual Year End Projection STRATEGIC POINT 1 FIRST QUARTER HIGHLIGHTS: Make a Long-Term Commitment to Economic Development • Partnered with Co-Star • New set of incentive guidelines and criteria for matching grant program • Affiliation with DFW Area Tourism Council D ive rse Tax Ba se Performance Measures Department Program Sales tax revenue received as a City Manager's City Manager's percentage of the overall budget Office Office FY 2010 FY 2011 Actual Target 13% 15% 14.4% 15% Number of recreation facility Parks & Recreation 262 250 68 250 reservations Recreation Percentage of revenue recovery Parks & Athletic Field New Measure 9% 5% 9% generated by athletic programs Recreation Maintenance Number of confirmed bookings Colleyville Colleyville 373 420 103 420 at Colleyville Center Center Center Percentage of cost recovery at Colleyville Colleyville 57% 60% 65% 60% Colleyville Center Center Center Percentage of events generating Colleyville Colleyville o 0 0 economic impact for local Center Center New Measure 50/ 56/ 50/ business STRATEGIC POINT 2 FIRST QUARTER HIGHLIGHTS: Foster a More Diverse Tax Base • Sales tax revenues increased 5.01% over first quarter of FY 2010 • Colleyville Center had 103 events in first quarter totaling $55,454 in revenue - 3% increase in bookings and 20% increase in revenue over same quarter of FY 2010 - Significant increase in audio visual equipment rental Protect a nd Preserve Nei h borhoods ~ Performance Measures Department Program FY 2010 FY 2011 15t Quarter Year End Actual Target Actual Projection ~ UCR Part 1 crime rate per 1,000 police Police 12.84 < 12 8.8 <12 population Administration Percentage of UCR Part 1 crimes Criminal police 30% 35% 57% cleared Investigations Injury accidents per 1,000 Police Patrol 1.5 1.4 0.42 population Average Priority 1 response time Police Patrol 5:15 <5:00 4:31 (call dispatch to arrival) Percentage of incoming 911 calls to dispatch answered within 10 seconds (National Emergency City of Keller Communications New Measure 95% 100% Number Association standards) ~ ~ Average Priority 1 response time City of Keller Communications 2:54 <1:30 1:11 (call receipt to dispatch) Percentage of code violations Code Police New Measure 15% 55% located proactively Enforcement 35% 1.4 <5:00 100% <1:30 50% STRATEGIC POINT 3 FIRST QUARTER HIGHLIGHTS: Protect and Preserve the City's Neighborhoods • Colleyville maintained the lowest crime rate of any Tarrant County city for the 7t" consecutive year • Dispatch moved to Northeast Tarrant Communication Center (NETCOM) • Comprehensive revisions to gas drilling ordinance adopted • Gaswell emergencytrainingconductedforfirst responders • Completion of the Glade Road/Pool Road intersection improvement project • Bilingual public safety educational program for IESI employees implemented in i v rmm ~ Susta a e Go e e t Performance Measures Department Program FY 2010 FY 2011 15t Quarter Year End Actual Target Actual Projection Cost per linear foot of water line Utility Water maintained Operations Maintenance New Measure $1.21 $0.27 $0.89 Cost per linear foot of Utility Wastewater wastewater line maintained Operations Maintenance New Measure $1.69 $1.40 $1.55 Number of complaints regarding City Manager's Solid Waste New Measure <150 27 <150 trash or recycling service Office and Recycling Percentage of network data and Information Information 99 990/ 99 990/ telecommunications uptime Services Services Number of IS work orders Information Information 964 800 completed Services Services Number of hours of lost time Human Workers' 1,698 500 Resources Compensation STRATEGIC POINT 4 FIRST QUARTER HIGHLIGHTS: Deliver Sustainable Government • Refunded utility bonds with lower interest rate debt • Diversification of the City's investment strategy to include CDARS • Restructuring of water and wastewater rates • Restructuring of TMRS plan design, resulting in reduced costs and increased funding ratio • Initiated first year of new employee wellness strategy • Received GFOA Certificate of Achievement for Excellence in Financial Reporting for FY 2009 • Received Texas Comptroller of Public Accounts Silver Leadership Award for financial transparency U n i ue I entit a y Performance Measures City initiated news leads Percentage of citizens who visited city website Number of youth participating in athletic programs Percentage of non-residents for all youth sports Department Program Communications Communications Communications Communications Parks & Recreation Athletic Field Maintenance Parks & Recreation New Measure 2,333 1,161 2,333 Athletic Field New Measure 49% Maintenance Number of household hazardous City Manager's Solid Waste New Measure 500 waste collections at ECC Office and Recycling STRATEGIC POINT 5 FIRST QUARTER HIGHLIGHTS: Brand Colleyville with a Unique Identity • Logowo rks - Co I I eyvi I I e Logo • Affiliation with Health Industries Council • Holly Colley Holiday • Introduction of Call on Colleyville FY 2011 1ST QUARTER PERFORMANCE MANAGEMENT UPDATE 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual CITY COUNCIL Tax rate per hundred dollars of City Council City Council $0.3559 $0.3559 ANNUAL MEASURE $0.3559 valuation Average residential home value City Council City Council $398,957 $397,472 ANNUAL MEASURE NA Percentage of citizens satisfied with City Council City Council 96% 96% BIENNIAL MEASURE NA quality of life in Colleyville Percentage of citizens satisfied with City Council City Council 82% 82% BIENNIAL MEASURE NA value of services for taxes paid CITY MANAGER'S OFFICE Sales tax revenue received as a City Manager's Office City Manager's Office 13% 15% 14.4% 15% percentage of the overall budget Number of complaints regarding trash Solid Waste and City Manager's Office New Measure <150 27 <150 or recycling services Recycling Percentage of complaints responded to Solid Waste and City Manager's Office New Measure 95% 98% 95% in less than 24 hours Recycling Number of household hazardous waste Solid Waste and City Manager's Office New Measure 500 91 400 collections at Fort Worth ECC Recycling Average pounds recycling per home/per Solid Waste and City Manager's Office New Measure 15 9.7 12 collection Recycling Solid Waste and Annual litter index City Manager's Office New Measure 1 ANNUAL MEASURE NA Recycling Total general fund budget per capita City Manager's Office City Manager's Office $881 $775 ANNUAL MEASURE NA 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of City Council strategic initiatives completed within the fiscal City Manager's Office City Manager's Office New Measure 95% ANNUAL MEASURE NA year Percentage of employees surveyed City Manager's Office City Manager's Office 94% 95% ANNUAL MEASURE NA proud to be an employee Percentage of employees surveyed that would recommend Colleyville as a good City Manager's Office City Manager's Office 82% 85% ANNUAL MEASURE NA place to work Percentage of employees surveyed that City Manager's Office City Manager's Office 99% 99% ANNUAL MEASURE NA agree the job they do is important Percentage of citizens surveyed who are Solid Waste and satisfied with trash and recycling City Manager's Office New Measure 95% BIENNIAL MEASURE NA Recycling services Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 88% 88% BIENNIAL MEASURE NA with the quality of government Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 82% 82% BIENNIAL MEASURE NA with the value of services per taxes paid Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 81% 81% BIENNIAL MEASURE NA with local government customer service Percentage of citizens surveyed satisfied City Manager's Office City Manager's Office 61% 61% BIENNIAL MEASURE NA with how funds are managed Percentage of citizens surveyed satisfied with developing a future vision of the City Manager's Office City Manager's Office 43% 43% BIENNIAL MEASURE NA city ECONOMIC DEVELOPMENT Number of commercial remodel/add- Economic Economic 36 40 18 40 alter permits Development Development Value of commercial remodel/add-alter Economic Economic $3.3M $3.9M $6.OM $8.3M permits Development Development Fees generated from commercial Economic Economic $77,350 $92,820 $60,369 $92,820 remodel/add-alter permits Development Development Value of new commercial building Economic Economic $3.7M $4.4M $2.OM $6.OM permits Development Development 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Fees generated from new commercial Economic Economic $72~165 $86,598 $16,273 $86,598 building permits Development Development Percentage of communications/City Economic Marketing New Measure 50% NA 50% media utilizing Colleyville's brand Development Increase in website visitors Economic Marketing 430 2,000 NA 2,000 Development Level of brand elements recognition Economic Marketing New Measure 25% NA 25% Development Average percentage occupancy of retail Economic Economic 86%/87% 88%/89% 85%/87% 86%/87% and office spaces Development Development Number of new commercial building Economic Economic ~ 10 2 8 permits Development Development Citizen satisfaction rating on need to increase fine arts opportunities and Economic Marketing 46%/58% 50%/60% BIENNIAL MEASURE NA Development with special events organized by City Citizen satisfaction rating for retaining Economic Economic 34% 41% BIENNIAL MEASURE NA existing businesses Development Development Citizen satisfaction rating for Economic Economic 36% 43% BIENNIAL MEASURE NA encouraging economic growth Development Development CITY SECRETARY'S OFFICE Percentage of ineeting minutes presented for approval by the next City Secretary's Office City Secretary 100% 100% 100% 100% meeting (City Council, TIF, CEDC, CCCPD) Average number of days to process City Secretary's Office City Secretary 2 2 2 2 ordinances and resolutions Average number of days to respond to City Secretary's Office City Secretary 4 4 3 4 public information requests Number of documents scanned per FTE City Secretary's Office City Secretary 3,243 800 701 2,500 to Laserfiche electronic imaging system 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of public information requests City Secretary's Office City Secretary 163 175 29 175 processed perFTE Percentage of customers surveyed City Secretary's Office City Secretary 100% 100% BIENNIAL MEASURE NA satisfied with customer service Percentage of citizens surveyed satisfied City Secretary's Office City Secretary 92% 100% BIENNIAL MEASURE NA with municipal elections FINANCE Percentage of accounts payable checks Finance Finance Department 0.01% 0.01% 0.01% 0.01% voided Percentage of purchase orders Finance Finance Department 100% 100% 100% 100% processed within 3 days of request Percentage of W-2 Statements issued Finance Finance Department 100% 100% 100% 100% prior to January 31 Percentage of budgeted reports distributed <10 days after month-end Finance Finance Department 100% 100% 100% 100% procedures completed Percentage of payroll checks on time Finance Finance Department 100% 100% 99 90/ 99 90~ without error Percentage of audit adjustments in Finance Finance Department 0.04% 0.01% ANNUAL MEASURE NA period 13 closing LIBRARY Library card registrations: percentage of Colleyville households with at least one Library Library Services 50% 60% 50% 60% active library card holder Title, Author, Subject and Browser's Fill Rate: percentage of library patrons who Library Library Services 83% 70% 75% 75% come to the library looking for items find something Circulation of the library materials Library Library Services 244,458 261,570 49,785 261,570 collection 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Library materials collection size Library Library Services 59,892 66,486 60,371 66,486 Children's program attendance Library Library Services 17,110 17,965 1,340 17,965 Adult and teen program attendance Library Library Services 661 681 82 681 Percentage of program participants Library Library Services 99.30% 100% 100% 100% satisfied with programs Library patron visits Library Library Services 109,551 115,029 20,171 115,029 Reference Completion Rate Library Library Services 51,688 54,272 6,461 54,272 Document Delivery: percentage of library materials requests filled within Library Library Services 84% 85% NA 85% 30 days Adult and teen summer reading program participation: percentage Library Library Services 101 104 ANNUAL MEASURE NA increase in program participation Children's summer reading program Library Library Services 1,259 1,322 ANNUAL MEASURE NA participation Percentage of citizens satisfied with Library Library Services 94% 95% BIENNIAL MEASURE NA Library Services ENGINEERING SERVICES Professional Number of CRM Requests Resolved Engineering Services 132 150 63 200 Engineering Services Percentage of projects that are Professional completed on time and within the Engineering Services 100% 90% 100% 100% Engineering Services allotted budget Percentage of projects designed in- Professional Engineering Services 83% 70% 100% 70°/m house verses third party consultants Engineering Services Number of inspections performed Engineering Services Construction New Measure 300 109 350 Inspection Services 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of projects that surpass two year maintenance period without major Engineering Services Construction 100% 90% 100% 100% deficiencies Inspection Services Number of repairs performed within 5 Construction Engineering Services 0 2 1 2 years of construction Inspection Services Number of plans reviewed in respect to Construction Engineering Services 7 12 4 12 constructability Inspection Services Number of citizen generated floodplain Professional Engineering Services New Measure 50 5 3Q information requests Engineering Services COMMUNITY DEVELOPMENT Percentage of project planning tasks completed vs. project planning tasks Community Planning and Zoning 57% 60% 55% 60% Development scheduled Average number of days for zoning case Community Planning and Zoning 45 45 45 45 to be scheduled for a public hearing Development Average number of days for plat to be Community scheduled for a public hearing Development Planning and Zoning 30 30 30 3Q Percentage of staff recommendations Community Planning and Zoning 97% 97% 97% 97% consistent with Council action Development Percentage of completed project planning tasks that lead to actual Community Planning and Zoning 46% 50% NA 50% code/policy approvals by Council Development Percentage of plan reviews completed Community Building Inspection 66% 70% 71% 71% in five days or less Development Percentage of inspections performed Community Building Inspection 95% 98% 960/ 98% within 24 hours Development Percentage of citizens surveyed satisfied Community Building Inspection 86% 85% 85% 85% with building inspections services Development Percentage of inspections passed on Community Building Inspection 49% 54% NA 54% initial inspection Development 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of citizens concerned about houses in need of repair in their Community Building Inspection 49% 54% BIENNIAL MEASURE NA Development neighborhood Percentage of citizens surveyed that feel it is necessary to make changes to Community the appearance of neighborhoods in Planning and Zoning 75% 70% BIENNIAL MEASURE NA Development orderto improve citizen's satisfaction with Colle ville Percentage of citizens surveyed satisfied Community Planning and Zoning 59% 64% BIENNIAL MEASURE NA with planning and zoning services Development Percentage of citizens surveyed satisfied with government performance of Community Planning and Zoning 61% 66% BIENNIAL MEASURE NA effective zoning and land use Development regulations Percentage of citizens surveyed satisfied with government performance of Community Planning and Zoning 54% 59% BIENNIAL MEASURE NA planning for the future needs of Development residents FIRE DEPARTMENT Percentage of evaluations processed by Fire Department Fire Administration New Measure 90% 93% 90% their due date Number of employee injuries resulting Fire Department Fire Administration 1 1 0 1 in lost time Percentage of lost work hours as compared to total hours worked in the Fire Department Fire Administration 1.60% 1% 0% 1% department Number of public outreach/education/awareness, citizen Fire Department Fire Administration 6 6 1 6 academy/corps events Total number of volunteer hours from Fire Department Fire Administration 467 500 186 700 CFAAA and Rehab Team Number of exercise/evaluation activities Fire Department Fire Administration 1 2 0 2 Total activation time for EOP/EOC Fire Department Fire Administration 4 hrs 6 hrs 0 hrs 4 hrs 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of public relations events held Fire Department Fire Administration 164 160 32 150 Number fire related incidents Fire Department Fire Operations 763 775 179 750 Fire incidents/ 1,000 population Fire Department Fire Operations 31.9 32.4 7.5 30 Percentage of target hazards inspected Fire Department Fire Operations 100% 100% NA 100% Percentage of firefighters passing Fire Department Fire Operations 100% 100% 100% 100% annual fitness test Fire response times under five minutes Fire Department Fire Operations 81% 90% 84% 84% (call dispatch to arrival) Number hours of training per employee Fire Department Fire Operations 158 150 24.1 96.4 Percentage of structure fires contained Fire Department Fire Operations 100% 100% 0% 50`% to the room of origin Number of EMS incidents Fire Department EMS Operations 750 780 181 750 Number of ambulance transports Fire Department EMS Operations 453 450 111 450 Ambulance billing revenue Fire Department EMS Operations $236,000 $250,000 $88,200 $250,000 Number of hours of training per Fire Department EMS Operations 158 150 24.1 150 employee Average total call time for ambulance Fire Department EMS Operations 58 min 55 min 52 min 55 min transports Percentage of ambulance transports vs. Fire Department EMS Operations 60% 60% 61% 60°/m non-transports Percentage of billed services recovered Fire Department EMS Operations 25% 30% 36% 30% 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage EMS calls vs. overall FD call Fire Department EMS Operations 50% 50% 50% 50% volume Ambulance response in underfive Fire Department EMS Operations 83% 90% 84% 84% minutes (call dispatch to arrival) Fire Prevention / Number of plans reviewed Fire Department 48 100 33 120 Investigations Fire Prevention / Number of permits issued Fire Department 56 100 33 120 Investigations Fire Prevention / Number of inspections performed Fire Department 152 135 108 300 Investigations Percentage of plans reviewed within 48 Fire Prevention / Fire Department 900/ 950~ 980~ 980~0 hours Investigations Percentage of inspections performed Fire Prevention / Fire Department 950/ 950~ 980/ 950~ within 48 hours of request Investigations Fire loss valuation as a percentage of tax Fire Prevention / Fire Department 0.00002% 0.00030% 0.00030% 0.00030% base Investigations Percentage of fire investigations cleared Fire Prevention / Fire Department 100% 100% 50% 75% within 30 days Investigations Fire Prevention / Amount of permit fees collected Fire Department $10,000 $10,000 $1,550 $8,000 I nvestigations Fire Prevention / Number of fire investigations Fire Department 12 10 3 12 Investigations Number of participants in all public Fire Prevention / relations/fire safety events Fire Department Investigations 2,758 3,000 465 2,000 Percentage of citizens surveyed satisfied Fire Department Fire Administration 93% 95% BIENNIAL MEASURE NA with Fire Department services Percentage of Citizen Fire Academy participants who join CFAAA/Rehab Fire Department Fire Administration 67% 75% BIENNIAL MEASURE NA Team Percentage of citizens surveyed satisfied Fire Department EMS Operations 95% 95% BIENNIAL MEASURE NA with ambulance service 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual POLICE DEPARTMENT Percentage of open records requests processed within statutory Police Department Police Administration New Measure 100% 100% 100% requirements Percentage of departmental state- licensed employees current with Police Department Police Administration New measure 100% 100% 100% mandated state training requirements UCR Part 1 Crime Rate per 1,000 Police Department Police Administration 12.84 <12 8.8 <12 persons Number of self-initiated calls for service Police Department Police Patrol New measure 12,000 3,341 13,364 (proactive, community policing) Injury accidents per 1,000 population Police Department Police Patrol 1.5 1.4 0.42 1.4 Average Priority 1 response time (call Police Department Police Patrol 5:15 <5:00 4:31 <5:00 dispatch to arrival) Number of criminal offenses assigned Police Department Criminal Investigations 1,008 <1,000 200 <1,000 and investigated Percentage of criminal offenses filed by Police Department Criminal Investigations 32% 30% 24% 30% investigators Percentage of UCR Part 1 Crimes Police Department Criminal Investigations 30% 35% 57% 35% cleared Percentage of crime victims contacted Police Department Criminal Investigations 88% 95% 84% 95% by investigators within 3 days Percentage of incoming 911 calls to dispatch answered within 10 seconds Police Department Communications New Measure 95% 100% 100% (National Emergency Number Average Priority 1 response time (call Police Department Communications 2:54 <1:30 1:11 <1:30 receipt to dispatch) Number of police volunteer hours Police Department Community Services 1,794 2,000 310 2,000 Number of crime prevention activities Police Department Community Services New Measure 30 7 28 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of persons contacted by the Police Department Community Services New Measure 2,000 431 1,724 Community Services Officer Number of residential and commercial Police Department Community Services New measure 50 4 40 security surveys Number of students taught and School Resource mentored Police Department Officers New Measure 650 551 1,000 Number of students and parents School Resource contacted outside of Police Department New Measure 600 463 1,500 Officers instruction/mentoring School Resource Number of student arrests and citations Police Department New Measure <200 37 111 Officers Number of formal presentations and School Resource Police Department New Measure 25 4 20 instruction Officers Total number of outstanding warrants police Department Warrant Officer 4,350 <4,000 4,855 <4,000 in system Number of warrants served Police Department Warrant Officer 3,639 4,000 713 4,000 Percentage of established monthly collection goal achieved ($30,000 per Police Department Warrant Officer 117% 100% 84% 100% month) Total net revenue from warrants Police Department Warrant Officer $420,623 $360,000 $75,113 $360,000 collected Number of animal control calls for police Department Animal Control 1,751 <1,700 406 1,624 service Average after-hours response time Police Department Animal Control New Measure <30:00 23:00 <30:00 Number of pet licenses issued Police Department Animal Control 187 200 52 208 Number of stray animals impounded Police Department Animal Control 173 <150 57 <200 Total number of all code violations Police Department Code Enforcement 1,338 1,400 508 2,032 processed 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of code violations located Police Department Code Enforcement New Measure 15% 55% 50% proactively Total number of notices of violation police Department Code Enforcement 467 <400 30 <300 sent out Percentage of violation notices via Police Department Code Enforcement 27% 50% 66% 66% courtesy door hangers Percentage of Citizen Police Academy graduates who join police volunteer Police Department Community Services 80% 85% ANNUAL MEASURE NA programs Overall citizen satisfaction with code police Department Code Enforcement 68% 70% BIENNIAL MEASURE NA enforcement Percentage of citizens listing stray police Department Animal Control 44% 40% BIENNIAL MEASURE NA animals as a neighborhood concern Percentage of citizens surveyed satisfied police Department Animal Control 74% 77% BIENNIAL MEASURE NA with animal control Citizen satisfaction of speed in police Department Communications 67% 70% BIENNIAL MEASURE NA responding to police calls Percentage of citizens surveyed satisfied police Department Police Patrol 72% 75% BIENNIAL MEASURE NA with traffic enforcement Percentage of citizens surveyed satisfied police Department Police Patrol 67% 70% BIENNIAL MEASURE NA with speed in responding to police calls Average percentage of citizens surveyed rating of police courtesy, Police Department Police Administration 76% 78% BIENNIAL MEASURE NA professionalism, and customer service Percentage of citizens surveyed satisfied Police Department Police Administration 90% 93% BIENNIAL MEASURE NA with police services PARKS AND RECREATION Number of class participants Parks and Recreation Senior Center 1,180 1,200 416 1,200 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of classes/programs offered Parks and Recreation Senior Center 208 210 43 210 Number of special events Parks and Recreation Senior Center 8 8 2 8 Value of donations Parks and Recreation Senior Center $3,020 $3,100 $1,125 $3,100 Value of volunteer hours @$20.80 per Parks and Recreation Senior Center $26,886 $26,800 $4,153 $26,800 hour Percentage of Colleyville seniors Parks and Recreation Senior Center New Measure 70% 53% 70% participating Average visits per month Parks and Recreation Senior Center New Measure 300 288 300 Number of class participants Parks and Recreation Recreation 2,037 2,200 323 2,200 Percentage of offered classes/programs Parks and Recreation Recreation 22% 50% 50% 50% held Number of facility reservations Parks and Recreation Recreation 262 250 68 250 Number of special events Parks and Recreation Recreation 15 12 1 11 Value of donations Parks and Recreation Recreation $3,118 $3,000 $350 $2,750 Value of volunteer hours @$20.80 per Parks and Recreation Recreation $11,440 $10,800 $1,237 ~5,304 hour Number of mowing cycles for athletic Athletic Field Parks and Recreation New Measure 60 13 60 fields Maintenance Number of staff hours on mowing Athletic Field Parks and Recreation 1,122 1,100 230 1,100 athletic fields Maintenance Number of staff hours on athletic field Athletic Field Parks and Recreation 2,918 3,050 416 3,050 maintenance Maintenance 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Number of staff hours on preparing Athletic Field Parks and Recreation 1,060 1,100 309 1,100 athletic fields for games Maintenance Percentage of revenue recovery and Athletic Field value of donations generated by athletic Parks and Recreation New Measure 9% 5% 9% Maintenance program Number of Colleyville youth population Athletic Field Parks and Recreation New Measure 2,333 1,161 2,333 participating in programs Maintenance Percentage of participants that are non- Athletic Field Parks and Recreation New Measure 49% 47% 49% residents for all youth sports Maintenance Number of public park acres per 1000 Parks and Recreation Park Maintenance 12.72 12.72 12.72 12.72 residents Percentage of inspections completed Parks and Recreation Park Maintenance New Measure 90% 94% 90% within established time frames Percentage of park inspections meeting Parks and Recreation Park Maintenance New Measure 85% 91% 85% standards Number of volunteer hours Parks and Recreation Park Maintenance New Measure 2,028 436 2,028 Value of volunteer hours @$20.80 per Parks and Recreation Park Maintenance New measure $42,182 $9,069 $42,182 hour Value of donations to program Parks and Recreation Park Maintenance New Measure $2,000 $500 $2,000 Average annual maintenance cost per Parks and Recreation Park Maintenance $4,284 $3,900 ANNUAL MEASURE NA acre managed Percentage of citizens surveyed satisfied Athletic Field Parks and Recreation New Measure 85% BIENNIAL MEASURE NA with athletic field maintenance Maintenance Percentage of citizens surveyed satisfied Parks and Recreation Recreation 93% 95% BIENNIAL MEASURE NA with recreation services Percentage of citizens surveyed satisfied Parks and Recreation Park Maintenance New Measure 85% BIENNIAL MEASURE NA with park maintenance Percentage of seniors surveyed satisfied Parks and Recreation Senior Center New Measure 85% BIENNIAL MEASURE NA with the programs at the senior center 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual STRE ETS Number of square yards of concrete curb/ gutter and pavement repaired or Streets Street Maintenance New Measure 2,000 8 2,000 replaced Number of repairs made to traffic Sign and Signal Streets New Measure 13 4 16 signals within 24 hours Maintenance Number of repairs made to school zone Sign and Signal and flood warning signals within 24 Streets New Measure 24 8 24 Maintenance hours Percentage of calls returned within 48 Streets Street Maintenance New Measure 100% 28% 80% hours Number of street signs replaced or Sign and Signal Streets New Measure 200 46 184 repaired within 24 hours Maintenance Number of lane miles of pavement Streets Street Maintenance 100 60 1 40 repaired per FTE Number of lane miles of pavement Streets Street Maintenance 50 50 1.1 20 resu rfa ced Number of square yards of sidewalk Streets Street Maintenance New Measure 1,000 7 500 repaired or replaced Percentage of citizens surveyed satisfied Streets Street Maintenance 75% 85% BIENNIAL MEASURE NA with street maintenance COMMUNICATIONS City-initiated news leads Communications Communications 15 20 4 20 Responses to media inquires within 1 Communications Communications 93% 95% 98% 95% hour Coverage in print, broadcast, Communications Communications $94,120 $100,000 $24,076 $100,000 online/associated media value Public Information Communications Communications 3 5 2 5 Campaigns/associated measurements 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of citizens who visited the Communications Communications 78% 78% 73% 78% City's website E-newslettersubscribers Communications Communications 950 1,100 894 1100 Percentage of citizens surveyed satisfied with being kept informed about City Communications Communications 80% 80% BIENNIAL MEASURE NA business Percentage of citizens surveyed satisfied with the City providing an adequate Communications Communications 74% 74% BIENNIAL MEASURE NA forum for public input COLLEYVILLE CENTER Number of proposals/ quotes/tours/calls generated Colleyville Center Colleyville Center 2,530 3,000 1,110 3,000 Revenue generated from bookings Colleyville Center Colleyville Center $189,530 $215,000 $55,454 $221,816 Number of staff hours to sustain annual Colleyville Center Colleyville Center 7,481 8,000 2,520 8,000 operation Percentage of cost recovery Colleyville Center Colleyville Center 57% 60% 65% 65% Percentage of events generating Colleyville Center Colleyville Center New Measure 50% 56% 56% economic impact for local business Percentage of customer satisfaction Colleyville Center Colleyville Center 97% 98% 97% 97% ratings of "excellent" Number of confirmed bookings Colleyville Center Colleyville Center 373 420 103 412 Percentage of marketing initiatives implemented from the Center's Colleyville Center Colleyville Center 100% 100% ANNUAL MEASURE NA strategic marketing plan HUMAN RESOURCES 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Organizational Percentage turnover Human Resources 16% 10% 3% 3% Development Percentage of full-time employees with Organizational Human Resources New Measure 40% 43% 43% 10+ years Development Workers' Number of hours of lost time Human Resources 1,698 500 0 500 Compensation Percentage of employees that are Benefits and satisfied with the level of customer Human Resources Compensation New Measure 80% 67% 67% service provided by HR Administration Percentage ofjobs filled within 60 Organizational Human Resources New Measure 90% 83% 83% calendar days Development Benefits and Percentage of positions' salary ranges Human Resources Compensation 64% 70% ANNUAL MEASURE NA within +-5% of market Administration Benefits and Benefit to payroll ratio Human Resources Compensation New Measure 0.4:1 ANNUAL MEASURE NA Administration Benefits and RetirementTMRS cost pertotal number Human Resources Compensation New Measure $5,500 ANNUAL MEASURE NA of full-time employees and retirees Administration Benefits and HR total operating cost per FTE Human Resources Compensation New Measure $1,300 ANNUAL MEASURE NA Administration Benefits and Percentage of employees that are Human Resources Compensation New Measure 90% ANNUAL MEASURE NA satisfied with benefits Administration Organizational Employee to citizen ratio Human Resources g:1,000 8:1,000 ANNUAL MEASURE NA Development Organizational HR staff to employee ratio Human Resources New Measure 1.5 ANNUAL MEASURE NA Development Workers' compensation cost per Workers' Human Resources New Measure $900 ANNUAL MEASURE NA employee Compensation Workers' Experience modifier Human Resources 0.69 0.69 ANNUAL MEASURE NA Compensation 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Workers' Number of injuries per employee base Human Resources New Measure 20 ANNUAL MEASURE NA Compensation MUNICIPAL COURT Number of warrants issued per FTE Municipal Court Municipal Court 2,728 2,800 577 2,800 Number of warrants cleared per FTE Municipal Court Municipal Court 1,213 1,174 237 1,174 Numberofjurytrials MunicipalCourt MunicipalCourt 10 12 0 12 Number of citations filed per FTE Municipal Court Municipal Court 4,622 4,167 901 4,000 Number of citations cleared per FTE Municipal Court Municipal Court 4,775 4,250 884 4,150 Percentage of citizens surveyed satisfied Municipal Court Municipal Court 94% 95% BIENNIAL MEASURE NA with Municipal Court Services FLEET MAINTENANCE Preventative maintenance dollars as Fleet Maintenance Fleet Maintenance New Measure 15% 16% 16% percent of total budget Percentage of vehicles serviced in 2 Fleet Maintenance Fleet Maintenance New Measure 9g% 97% 97% days BUILDING SERVICES Percentage of work orders responded Building Services Building Services 98% 100% 100% 100% to with 24 hours Ratio of scheduled maintenance to Building Services Building Services 75% 80% 80% 80°/m unscheduled maintenance Percentage of scheduled preventative Building Services Building Services 100% 100% 100% 100% maintenance completed on time 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Percentage of internal customers Building Services Building Services 95% 98% ANNUAL MEASURE NA satisfied with facility environment INFORMATION SERVICES Network/Desktop Percentage of broadcast uptime Information Services gg,gg~/ gg ggo/ 99 990/ 9g 9go~o Services Percentage of work orders completed Network/Desktop Information Services 99% 90% 83% 90% on time Services Percentage of emergency requests Network/Desktop Information Services 100% 100% 100% 100% completed within 24 hours Services Network/Desktop Number of work orders completed Information Services 964 800 271 800 Services Total number of equipment pieces Network/Desktop Information Services 423 410 410 410 maintained by department Services Percentage of network data and Network/Desktop Information Services 99.99~/ gg ggo/ 99 860/ 99 900~ telecommunications uptime Services Percentage of IT work plan projects Network/Desktop Information Services New Measure 100% 75% 90% completed on time Services Network/Desktop Percentage of data backup success Information Services New Measure 100% 960/ 98% Services Percentage of product requests Graphical Information Information Services New Measure 96% 97.3% 96% completed on time Services (GIS) Graphical Information Number of work orders completed Information Services New Measure 450 106 450 Services (GIS) Percentage of external customers Graphical Information Information Services New measure 10% 8.5% 10.0% served Services (GIS) Graphical Information Number of web hits Information Services 29,417 30,000 NA 30,000 Services (GIS) Percentage of addresses and or plat Graphical Information Information Services New Measure 100% 67% 90% issues responded to within 24 hours Services (GIS) 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual UTILITY ADMINISTRATION Percentage of street light outages reported to utility company within one Utility Administration Utility Administration New Measure 98% 90% 95% business day UTILITY BILLING Percentage of service orders closed out Utility Billing Utility Billing 99.90% 100% 100% 100% on time Percentage of automatic draft Utility Billing Utility Billing 12% 12% 12% 12% customers/total customers Percentage of billing accuracy rate Utility Billing Utility Billing 99.5% 99 70~ 99 40~ 99 60~ Number of utility accounts per FTE Utility Billing Utility Billing 3,003 3,026 3,006 3,006 Percentage of customers paying before Utility Billing Utility Billing 97.50% 99.85% 96.49% 98.00% cutoff Percentage of citizens surveyed satisfied Utility Billing Utility Billing 89.60% 90% BIENNIAL MEASURE NA with utility billing services UTILITY OPERATIONS Cost per linear foot of line maintained Utility Operations Wastewater New Measure $1.69 $1.40 $1.55 Maintenance Number of stoppages Utility Operations Wastewater 5 5 2 5 Maintenance Percentage of total lines cleaned Wastewater Utility Operations 19% 23% 16% 21% quarterly Maintenance Linear feet of line maintained per FTE Utility Operations Wastewater 135,275 175,296 27,930 '111,720 Maintenance Cost per linear foot of line maintained Utility Operations Water Maintenance New Measure $1.21 $0.27 $0.89 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Performance Measures Department Program FY 2010 Actual FY 2011 Target Year End Projection Actual Actual Actual Actual Miles maintained per FTE Utility Operations Water Maintenance New Measure 15.83 16.66 16.66 Percentage of ineters replaced on Utility Operations Water Maintenance 100% 100% 100% 100% schedule Meter reading accuracy Utility Operations Water Maintenance 96% 98% 99.36% 98.00% Percentage of monthly water samples Utility Operations Water Maintenance 100% 100% 100% 100% testing negative for coloform bacteria Water loss ratio Utility Operations Water Maintenance .01 % <5% 0.00% <5% Percentage of citizens surveyed satisfied Wastewater Utility Operations 90 0/ 95 0~ BIENNIAL MEASURE NA with wastewater service Maintenance Percentage of citizens surveyed satisfied Utility Operations Water Maintenance 91% 95 % BIENNIAL MEASURE NA with water service D RAI NAG E Number of miles of drainage ditch Drainage Drainage Maintenance 12.576 10 0.13 10 cleaned per FTE Number of drainage complaints Drainage Drainage Maintenance New Measure 70 2 55 received during storm events Number of lane miles of public streets Drainage Drainage Maintenance New Measure 2,619 449 2,532 swept per FTE City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Presentation and Status: Pre Council Discussion Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Police Department Agenda No.: PC-2 File Name: Discussion of Illegal Smoking Products and Ingestion Devices Attachments: Illegal Smoking Products and Ingestion Devices presentation.pdf History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 03/01/2011 City Council Title Discussion of Illegal Smoking Products and Ingestion Devices Explanation Over the past few years, smokeable herbal blends have become increasingly popular especially with adolescents. These substances are marketed as "K-2", "Spice", "Blaze", "Genie", "Red Dawn" and other names, with "K-2" being the most well known brand name and commonly accepted term for all of these herbal blends. When referenced in this document, "K-2" will be synonymous with all types of these aforementioned herbal blends regardless of their specific brand name. K-2 type products are currently marketed as "legal highs", and are not classified as a controlled or banned substance. These products are currently legal, unless otherwise prohibited by local ordinance, and are often sold in convenience stores, drug paraphernalia establishments, and tobacco/smoke shops, as well as numerous internet sites. These herbal blends consist of exotic herbs and other plants materials that have been spiked with substances called "synthetic cannabinoids", which were developed to mimic tertahydrocannabinol (THC). THC is the active ingredient in marijuana, and the K-2 type products are reported to produce euphoria, similar to the effects of marijuana, when smoked. These herbal blends are commonly sold in three to five gram pouches, and often labeled as "herbal incense" in order to disguise their intended purpose. No quality control measures are currently in place for the manufacturing of these herbal products and limited information is available as to the short-term and long-term effects of these substances. Most commonly used drug tests do not reveal the existence of these herbal blends in one's system. The Colleyville Police Department began tracking K-2 cases at the beginning of 2010 and to date, has encountered one person in possession of K-2. There are currently no businesses in Colleyville that are known to sell K-2 type herbal blends. The Colleyville Police Department has been closely tracking K-2 activity for about a year both in the City and legislatively at the State and Federal levels. Bills have been introduced, in both the Texas City of Colleyville Page 1 Printed on 2/25/2011 Aaenda Briefinp Continued House and Texas Senate, in the 82nd State Legislative Regular Session this year, that would criminalize the sale, use, and possession of K-2 herbal blends. It appears bipartisan support exists to pass such legislation. In addition, the Drug Enforcement Administration has petitioned for an emergency order to classify these K-2 products as controlled substances, which would criminalize their possession and use at the Federal level, as well. This Federal K-2 initiative was initially expected to be formalized prior to the end of 2010, but has been delayed, and is still pending, due to some administrative issues. For these reasons, the Colleyville Police Department has not previously recommended an ordinance to prohibit the use, purchase, possession, and sale of K-2 herbal blends. Of the contiguous cities to Colleyville, the City of Grapevine is the only other city which has not passed a local ordinance prohibiting illegal smoking products and ingestion devices. Neither Colleyville nor Grapevine have experienced a problem with K-2 in their cities, so both police chiefs have opted to wait on comprehensive legislation at the State and/or Federal level to address the issue. The practice of smoking K-2 or other similar products poses a significant health risk for citizens. As a result, any future ordinance or statute should prohibit the use, purchase, possession and sale of illegal s moking products and ingestion devices used in connection with the illegal smoking products within the city limits of Colleyville. Any proposed ordinance or legislation should also contain an affirmative defense for use or possession pursuant to the direction or prescription of a licensed physician or dentist or possession of one of the active ingredients, Salvinorin A (Mexican plant), used solely by a person for ornamental landscaping. City of Colleyville Page 2 Printed on 2/25/2011 ^ ~ ~ ~~ ~ ~ ~~ ~~ ~ ^ ^ ~ ~~ ~ _ ~~ ~ ~ ~ ~~I ~~~ Steve Dye, C h i ef of P o I i ce Colleyville Police Department ^ ~ ~ ~~ ~ ~ ~ ~ I ~ ~ ~~ ~ ~ ~ ^ • Smokeable herbal blends marketed as "legal highs" with effects reported to be similar to marijuana • Consist of exotic herbs and other plant materials spiked with synthetic cannabinoids (developed to mimic effects of active ingredient in marijuana) • When smoked, allegedly produce euphoria • Sold in retail establishments such as convenience stores, drug paraphernalia shops, and tobacco/smoke shops • Normally packaged in small 3 to 5 gram pouches ~ ~ s I I~~~ ~ ~~~~ ~~~ • Often labeled as "herbal incense" to mask their intended purpose • Currently sold legally in the State of Texas as a form of incense that is labeled "not for human consumption" • Ingestion may cause harmful effects and long-term effects are not yet known . . . Most drug tests do not reveal these substances Popular among adolescents "Gen ie", and "Red X Dawn", with commonly used term Marketed under names, such as "K-2", "Spice", "Blaze", "K-2" being the most i r ^ - ~ ~ ~ I ~ I I ~ ~ ~ ~ ~ ~ • The Colleyville Police Department has encountered one subject in possession of K-2 in the last year • No Colleyville businesses are known to be selling K-2 type illegal smoking products at this time • Any future ordinance would prohibit the use, purchase, possession, and sale of illegal smoking products and ingestion devices within the city limits of Colleyville ^ ^ ~ ~ ~ ~ ~ I ~ ~ • Other communities in the area have passed city ordinances prohibiting the use of illegal smoking p rod u cts • Smoking K-2 poses a significant health concern to our citizens and especially our youth • State legislation to ban K-2 has been introduced in the 2011 session • Federal leg islation to classify K-2 as a controlled substance is pending City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Name: Discussion of Attachments: History of Legislative File File Type: Pre Council Status: Pre Council Agenda Date: 03/01/2011 Controlling Body: City Council Agenda No.: PC-3 Final Action: a City Council worksession regarding Commercial Development Standards Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Discussion of a City Council worksession regarding Commercial Development Standards Explanation This item seeks to establish a date and format for a City Council worksession to review and discuss potential amendments to Chapter 6-Building Design in the Land Development Code. As part of this discussion, the City Council may also consider including the newly formed Architectural Review Commission and/or the Planning and Zoning Commission as part of a joint worksession. City of Colleyville Page 1 Printed on 2/25/2011 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: 03/01/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the March 1, 2011 City Council meeting regular agenda items Attach ments: History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Discussion of the March 1, 2011 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 2/25/2011 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: 03/01/2011 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session - Legal - March 1, 2011 Attach ments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 03/01/2011 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 of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, duties and evaluation 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 2/25/2011 RESOLUTION R-11-3333 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MARCH 1, 2011 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Announcements, Status: Announcements, Proclamations and Proclamations and Presentations Presentations Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements, Proclamations and Presentations - March 1, 2011 Attachments: March for Meals Awareness Month in Colleyville proclamation.pdf • Employee Years of Service - Second Quarter Fiscal Year 2011.pdf • Employee Achievements - March 1, 2011.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a donation to the Colleyville Public Library for the Colleyville Second Floor Expansion Project, in the amount of $72,450, by the Colleyville Public Library Foundation - Cecilia Monacelli, President Proclamation declaring March for Meals Awareness Month in Colleyville - Julie Donovan , Coordinator of Volunteer Recruitment, Meals on Wheels, Inc., Tarrant County Recognition of employees' years of service Recognition of employee achievements City of Colleyville Page 1 Printed on 2/25/2011 Colleyville, ~ Texas WHEREAS: Meals on Wheels, inc., prepares and delivers meals to elderly and disabled persons who are unable to prepare meals for themselves; and WHEREAS, for the past 38 years the citizens of Tarrant County have benefited from the delivery of over 14 million meals to our homebound neighbors; and 9 WHEREAS, this organization has a volunteer force of over 5,000 persons who donate their time, vehicle, gasoline and energy to deliver over 985,000 hot meals to Tarrant County residents annual~y; and WHEREAS, Meals on Wheels case managers make over 13,000 home visits annually to act as advocates for clients; and WHEREAS, no client is ever refused service because of inability to pay; and WHEREAS, these efforts have resuited in the improvement in the lives of the homebound and disabled in Colleyville, with continued personal independence, daily visits by caring volunteers, well-balanced meals, and the assistance of professional case managers. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council do hereby proclaim March 2011 as MARCH FOR MEALS AWARENESS MONTH IN COLLEYVILLE and encourage our citizens to support the on-going Meals on Wheels programs. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 1st day of March 2011. /.;p~,~~ s~~-~~ Mayor ~~r o~ ~ ~ ~~a~s City of Colleyville Employee Recognition Fiscal Year 2011 - Second Quarter Years of Service - January to March 1 YEAR AARON CLEVELAND Public Works STEVE DYE Police KRISTI ISBELL Library ROBERT LYNCH Public Works CLINT MERCER Fire 5 YEARS MIKE ALMY Parks and Recreation MARILYN GILBERT Colleyville Center GARY KEAHEY Public Works PATRICK STARRETT Police MICHAEL STEPHENS Fire KASE WILLIAMS Fire BRIAN WILSON Police City of Colleyville Employee Recognition Fiscal Year 2011 - Second Quarter Years of Service - January to March 15 YEARS RUSSELLSHELLEY Fire 20 YEARS TERRYLEAKE City Manager's Office CHERYL WOMACK Police City of Colleyville Recognition of Employee Achievements Grand Canyon University Bachelor of Science in Public Safety Administration JEREMY H. LEWIS Fire RESOLUTION R-11-3334 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MARCH 1, 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 February 15, 2011 b. Approval of the disposal of obsolete and non-serviceable equipment and vehicles c. Approval of a donation of a golf cart from Golf Cars of Dallas to the Colleyville Police Department d. Approval of a donation of $1,840 from the Colleyville Lions Club to the Colleyville Public Library 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 M i n utes - D raft CI~/ COUIICII Tuesday, February 15, 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 February 15, 2011, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutentant Rodney Cunningham, Fire Chief Russell Shelley, Community Development Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Strategic Services Manager Eric Ellwanger, Police Program Coordinator Toni Oyler, Information Services Manager Chris Pena, Temporary Senior Planner Jackie Reyff, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Update on the John McCain Road and Pleasant Run Road Intersection Improvements Community Development Director Ron Ruthven introduced Mr. David Washington of Burgess & Niple, and stated the City entered into a Professional Services Agreement with Burgess & Niple for the design of the Pleasant Run Road and John McCain Road intersection. Mr. Washington outlined the construction phasing options and plans for landscaping and irrigation for the Pleasant Run Road and John McCain Road intersection and requested City Council direction regarding the construction phasing plan and landscaping and irrigation plans and answered questions of the City Council. Discussion ensued regarding the design elements of the Glade Road and Pool Road roundabout and the design options, the traffic flow and volume, irrigation and landscaping options and pavement materials for the Pleasant Run Road and John McCain Road intersection. City of Colleyville Page 1 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 Discussion continued regarding sidewalk placement around the intersection and the life expectancy of concrete roads versus an asphalt road. City Council determined the plan for the Pleasant Run Road and John McCain Road intersection would be a single lane roundabout with right-turn lanes; the phasing will leave the intersection open to all traffic directions during construction; the streets will be constructed of concrete material and utility upsizing will be included during the phasing. City Manager Jennifer Fadden stated the add alternates may be funded from the street replacement fund that could be a draw down at this point and then through the budget process next year, a draw down of available cash would replenish the street replacement fund. Assistant City Manager and Chief Financial Officer Terry Leake stated the water lines are on the Master Plan and are eligible for funding through the impact fees and adequate impact fees are available for that purpose. PC-2 Discussion of possible amendments to Chapter 6-Building Design in the Land Development Code City Council determined this item would be discussed during a future City Council worksession. PC-3 Discussion of possible amendments to Article II, Section 70 of the Code of Ordinances regarding Home Solicitations and Street Vendors Police Chief Steve Dye provided an overview of potential amendments to the Code of Ordinances regarding Home Solicitations and Street Vendors, provided information regarding public notification of the solicitation guidelines for citizens and applicants and answered questions of the City Council. Discussion ensued regarding permit fees, mobile vendor signage, criminal background checks, residence notice banning solicitation or distribution of handbills, group rates, educational campaign for citizens, solicitors and vendors. It was determined the proposed ordinance would prohibit solicitors from approaching any part of a residence other than the front door. City of Colleyville Page 2 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 PC-4 Discussion of the Colleyville Police Department Residential Lockbox Program Police Chief Steve Dye presented an overview of the Residential Lockbox Program, provided a sample of the lockbox, stated the lockbox can be purchased at cost at the Westlake Ace Hardware Store or a lockbox will be provided at no charge, by the Police Academy Alumni Association, if a resident cannot afford the lockbox and answered questions of the City Council. PC-5 Discussion of a City Council Worksession There was general discussion regarding a City Council strategic planning worksession, the budget planning process, the timeframe for and possible use of a facilitator during a worksession. It was determined City Council will meet Thursday, May 26, 2011, for a planning and budget worksession and continue the worksession on Friday, May 27, 2011, as necessary. PC-6 Presentation of the Monthly Financial Report - January 2011 There was no discussion of this item. PC-7 Discussion of changing the regular City Council meeting dates City Council determined the first regular meeting in October will be changed to Wednesday, October 5, 2011, due to the National Night Out event and the second regular City Council meeting in December will be changed to Tuesday, December 13, 2011, due to Christmas holidays. PC-8 Discussion of the February 15, 2011 City Council meeting regular agenda items There was no discussion of regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 7:26 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 15, 2011, at 7:26 p.m. City of Colleyville Page 3 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Police Officer Raymon Cannon, Fire Chief Russell Shelley, Community Development Director Ron Ruthven, Library Director Mary Rodne, Economic Development Director Marty Wieder, Communications and Marketing Director Mona Gandy, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.087 - 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 and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:27 p.m. and Mayor Kelly reconvened the Pre Council meeting at 7:43 p.m. The City Council, related to Pre Council agenda item PC-1, Update on the John McCain Road and Pleasant Run Road Intersection Improvements, determined the City would proceed with right-of-way City of Colleyville Page 4 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 acquisition for the Pleasant Run Road and John McCain Road intersection project. Mayor Kelly adjourned the Pre Council meeting at 7:44 p.m. The regular meeting of the Colleyville City Council was reconvened at 7:50 p.m. INVOCATION: Pastor David R. Jung, Crown of Life Lutheran 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-11-3322 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Ms. Vicki Smith, President, Friends of the Colleyville Public Library, board members Carol Wollin and Mary Alice Rippe and member Pat Jones, presented a check, in the amount of $20,000, for the Colleyville Public Library Second Floor Expansion Project. Mayor Kelly expressed appreciation to the Friends of the Colleyville Public Library for their continued and generous financial support of the library. Library Director Mary Rodne expressed appreciation to the Friends of the Colleyville Public Library for the donation, which will be used for shelving and furniture for the second floor expansion. Ms. Pat Jones, on behalf of the Colleyville Library Foundation President Cecilia Monacelli, presented a check, in the amount of $50,000, for the library's second floor expansion and invited citizens to visit colleyvillelibraryfoundation.com to make a donation to the Colleyville Public Library. Library Director Mary Rodne expressed appreciation to the Colleyville Library Foundation for their generous support of the library and stated the organization has donated almost $500,000 to the library. Mayor Kelly expressed appreciation to the Colleyville Library Foundation and the Friends of the Colleyville Library for their commitment to finishing the second floor expansion. City of Colleyville Page 5 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 Councilmember Taylor provided a summary of legislation that affects municipalities and citizens, as presented during a Texas Municipal League (TML) seminar, and encouraged citizens to contact their House Representatives, Senators and the Governor if they have a concern. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3323 4a Approval of the minutes of the regular City Council meeting of February 9, 2011 4b Approval of the minutes of the City Council meeting of February 8, 2011 Mayor Kelly read Resolution R-11-3323 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-11-3323. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1789 Authorizing the sale and issuance of $2,970,000 of General Obligation Refunding Bonds, Series 2011 and providing for the redemption of the obligations being refunded Mayor Kelly read the caption of Ordinance 0-11-1789. Assistant City Manager and Chief Financial Officer Terry Leake stated the City's Financial Advisor, Jim Sabonis of First Southwest, will present the results of the sale that occurred this morning. This is a process that began last summer when the City considered refunding some callable bonds. This is the first of three issues that Mr. Sabonis will be discussing this evening. Mr. Jim Sabonis, Financial Advisor, First Southwest, provided an overview of the process for refunding bonds and the results of the sale and stated the City received confirmation of two AAA ratings from City of Colleyville Page 6 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 Standard and Poor and Fitch Ratings. Mr. Sabonis further stated the General Obligation Refunding saved the City $177,000, the Tax Increment Refunding saved $579,000 and the Municipal Drainage Refunding saved $65,000. Mr. Sabonis expressed appreciation to the City Council for allowing First Southwest to serve as the financial advisor to the City and to City Manager Jennifer Fadden and Assistant City Manager Terry Leake for their hard work and assistance through the refunding process. Mayor Kelly opened the public hearing There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-11-1789. Mayor Pro Tem Ayers seconded the motion. Mayor Kelly expressed appreciation to First Southwest and staff for their due dilligence. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 0-11-1790 Authorizing the sale and issuance of $5,390,000 of Combination Tax and Tax Increment Revenue Refunding Bonds, Series 2011 and providing for the redemption of the obligations being refunded Mayor Kelly read caption of Ordinance 0-11-1790. Assistant City Manager and Chief Financial Officer Terry Leake stated these bonds are the Tax Increment Financing District Refunding Bonds and reviewed projects accomplished in the Tax Increment Financing District. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Muhm moved to approve Ordinance 0-11-1790. Councilmember Wollin seconded the motion. City of Colleyville Page 7 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5c 0-11-1791 Authorizing the sale and issuance of $1,550,000 of Municipal Drainage Utility Revenue Refunding Bonds, Series 2011 and providing for the redemption of the obligations being refunded Mayor Kelly read the caption of Ordinance 0-11-1791. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the sale of the Municipal Drainage Utility Revenue Bonds. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Ordinance 0-11-1791. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3324 Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2010 Mayor Kelly read Resolution R-11-3324 in its entirety. Mr. John Manning of Patillo, Brown and Hill, L.L.P., the City's audit firm stated the City received an unqualified audit opinion, which is the most favorable audit opinion an entity can receive and reviewed the results of the Comprehensive Annual Financial Report and expressed appreciation to the City Council and the Audit Committee for their review of the report and comments and to staff for their assistance. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly expressed appreciation to Assistant City Manager Leake and Finance Manager Karen Hines for their fiscal responsibility and management of the audit process. Mayor Kelly moved to approve Resolution R-11-3324. Councilmember Hart seconded the motion. Councilmember Taylor requested the audit report be included in the City Council packet. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6b R-11-3325 Consideration of appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-11-3353 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Kelly nominated and moved to approve Resolution R-11-3325 appointing Mr. Tevon Taylor to the Park Land Dedication Committee. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6c R-11-3326 Consideration of appointment to the Colleyville Tree Board Mayor Kelly read Resolution R-11-3326 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 9 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Hart nominated and moved to approve Resolution R-11-3326 appointing Debby Abitz to the Colleyville Tree Board. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6d R-11-3327 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-11-3327 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated and moved to approve Resolution R-11-3327 appointing Cynthia Davis and Cynthia Phillips to the Historical Preservation Committee to a term of September 2012 and Linda Seymour to a term of September 2011. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6e R-11-3328 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-11-3328 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 10 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 Mayor Kelly opened the floor for nominations. Mayor Kelly nominated and moved to approve Resolution R-11-3328 appointing Elliott Seymour, Jr., to the Colleyville Events Steering Committee. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6f R-11-3329 Consideration of appointment to the Colleyville Trails and Sidewalks Committee Mayor Kelly read Resolution R-11-3329 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated and moved to approve Resolution R-11-3329 appointing David Gillan to the Colleyville Trails and Sidewalks Committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6g R-11-3330 Consideration of appointments to the Architectural Review Commission Mayor Kelly read Resolution R-11-3330 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. City of Colleyville Page 11 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 Councilmember Hall nominated and moved to approve Resolution R-11-3330 appointing Jeffrey Ground, Kevin Procaccino and Gerald Ward to a term expiring February 2012, and Alan Greer, Curtis Young, Christina Keilson and Jim Makens to a term expring February 2013. Mayor Kelly seconded the motion. Mayor Kelly stated the Architectural Review Commission is a new commission established by the City Council and there were many highly qualified applicants and the City Council encourages those that were not appointed to apply for other board, commission and committee openings. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6h R-11-3331 Calling a General Election for the purpose of electing Councilmembers to Place 3 and Place 4 Mayor Kelly read Resolution R-11-3331 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-11-3331. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak concerning this item. 8. REPORTS: Parks and Recreation Advisory Board Minutes - September 13, 2010 Senior Center Advisory Committee Minutes - November 18, 2010 Sign Board of Appeals Minutes - January 11, 2011 City of Colleyville Page 12 Printed on 2/24/2011 City Council Minutes - Draft February 15, 2011 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 15, 2011 - Reading and Public Hearing - Resolution R-11-3332 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and Councilmember Wollin seconded the motion. Mayor Kelly adjourned the meeting at 8:41 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 13 Printed on 2/24/2011 "~ ~*~~-~ City of Colleyville CityHall ~~ ~00~.~~ 100 Main Street ~~~ Colleyville, Texas 76034 ~ ~ Agenda Briefing 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Fire Department Agenda No.: 4b Final Action: File Name: Approval of the disposal of obsolete and non-serviceable equipment and vehicles Attachments: City of Colleyville March 2011 Auction List.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Approval of the disposal of obsolete and non-serviceable equipment and vehicles Explanation Reading and Public Hearing The City's purchasing manual requires the City Council to designate salvage items and obsolete, non-serviceable vehicles and equipment before property can be removed from inventory and disposed of by public auction or other approved means. The attached itemized list of equipment and vehicles cannot be reassigned or repurposed and have been replaced due to age, mileage and/or maintenance and are no longer serviceable. In May 2010, City Council approved a professional services agreement with Rene Bates Auctioneers of McKinney, Texas, to conduct City auctions in an online format. With City Council approval of the attached auction list, it is anticipated an auction will be held in March 2011. The auction will last for a period of 14 days and all equipment will be stored in its current location until it is removed by the successful bidder after appropriate payment. The last auction held in August 2010 resulted in net proceeds of $37,400. Financial Impact The financial impact of the auction will be determined by the gross proceeds of the auction less a 7.5% fee charged by the auctioneer. Recommendation Approval City of Colleyville Page 1 Printed on 2/25/2011 City of Colleyville March 2011 Auction List Fire Department Item # Qty Item description Model Serial # City Asset # FD-1 1 8x12 Pipe Shelf FD-2 1 Box of Sigtronics Head Sets FD-3 1 Used Foam Eductor FD- 4 8 5" Storz Couplings FD-5 2 Back Boards FD-6 1 Mixed Chains and Hooks FD-7 7 1 3/4" Hose FD-7 3 2 1/2" Hose FD-7 6 3" Hose FD-7 1 5" Hose FD-8 1 Comp Air Mako Breathing System FD-10 1 Whelen Light Bar FD-11 1 8' Aluminum Hose Tray FD-12 2 Buckets of Snow Chains FD-13 4 Hydrant Caps FD-14 1 4' Sheetrock Hook FD-15 1 Maytag Dishwasher FD-16 1 Brown Recliner FD-17 14 Misc Hydrant Adapters and Tools FD-18 1 Holmatro Ram Support HRS - 16 FD-19 3 Char Broil Commercial Series Grills Fleet Maintenance Item # Qty Item description Mileage Serial # City Asset # FL-1 1 1999 Ford Crown Victoria 104,337 2FAFP7IWOXX242564 976 FL-2 1 2000 Ford Crown Victoria 113,047 2FAFP71W2YX172213 111 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Police Department Agenda No.: 4c Final Action: File Name: Approval of a donation of a golf cart from Golf Cars of Dallas to the Colleyville Police Department Attachments: City of Colleyville Donation and Transfer of Title.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Approval of a donation of a golf cart from Golf Cars of Dallas to the Colleyville Police Department Explanation Reading and Public Hearing Golf Cars of Dallas has proposed to donate a golf cart to the Colleyville Police Department for operational uses. The golf cart is electric powered and is a 2006 model. It carries four passengers, including the driver, and has a yellow strobe light affixed to it. The current value of the golf cart is $4,699.61, as provided by the donor. If approved, the golf cart can be used for extra mobility, crowd control, and rehab functions during special events. In addition, it can be used to enhance accessibility to locations where a patrol car cannot easily navigate, such as the City's trail system and moderate off-road areas. The police department would house and maintain the golf cart to be used as needed and appropriate. The "City of Colleyville Donation and Transfer of Title" form, completed by the donor, Ms. Carolyn McCauley with Golf Cars of Dallas, is attached. Financial Impact Since the golf cart is electric, there would be no significant fueling costs. The golf cart would be utilized in its current condition with no necessary maintenance costs. Once the golf cart reached the end of its usefulness, it could be placed in the City's auction. Recommendation Approval City of Colleyville Page 1 Printed on 2/25/2011 crnr o~ couFw~~.~ DON4'114N AND'f'RANSfER GF TIT~,E IIVVo Csro n M~a af G Cars af p~ gi+ra, a~tgn, tran~, and s~oi ower to ths City of GolleyviNe aA of my rf~h4+~ tltle~ ~+d k~h~t iA 4he mat~riaSs described ~elow' One 1 2006 Electri nt 4 er o~ cert witfe Row I ht v lued 89~,81 b the donor. ~ Funds S'~pulatk~ns (if ~ny)_, Far ,use ot he Coik~ e Polis:e D ,.._ , Spec~if'~ca~tionslPlaniJPhot~oslMnual eo~t to city: Attached None XlCX I Fa~ road ~nd underetAnd th~ Danatien Paicy ot tl-~ CiEy of Colleyville, an4 acCept the pravisinns Of that polioy. s~~~ ~r ~,ons) Garo 1 r-, /-~t ~ Gcu~ n~c. ~ ~ -'~ ~ ~~~1 ~ vate Address o4 Doreor 2'I00 Namo Road ~y RiCht~SOn $tat~e Tex9S ZIP 750s0 ?hone Nurnbets: Hvme MIA Olfioe 972-9~T-9902_ RECEIV~p bY PoNce Depsrtn~rt or Boatd gy Chief Ste+re D~ _~_~~ l~ Council Approval t7ete R~olutiorVOrdinanre NumF~er ACCEPT'~D 'iar and in behaM of tf~e City of CoNeyville gy D~t~ Mayor, Cit~r of Colleyvipe Accession Number "~ ~*~~-~ City of Colleyville CityHall ~~ ~00~.~~ 100 Main Street ~~~ Colleyville, Texas 76034 ~ ~ Agenda Briefing 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Library Agenda No.: 4d Final Action: File Name: Approval of a donation of $1,840 from the Colleyville Lions Club to the Colleyville Public Library Attachments: City of Colleyville Donation and Transfer of Title • City of Colleyville Donation Policy History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Approval of a donation of $1,840 from the Colleyville Lions Club to the Colleyville Public Library Explanation Reading and Public Hearing The Colleyville Lions Club proposes to donate $1,840 to the Colleyville Public Library to expend on materials, equipment, or projects. Staff recommends that the donation be used for furniture purchases in the new children's area, which is a part of the Library's Second Floor Expansion Project. Financial Impact This donation will provide additional available funding in the Library's Second Floor Expansion Project budget Recommendation Approval City of Colleyville Page 1 Printed on 2/25/2011 GITY C]F ~4~LLEYVILLE ~flNATIC?N AND TRA~JSFER l7F TITLE IMIe ~. , I k . . . `l ~. ,f : : .: __, ~"_ r,. ~, here~y give, assign, trar~sf~r, and s~t over to the C~ty o Colleyville a9f c~fi my rigi~ts, title, ~nd interest ic~ the rr~aterials descrikaed belc~w: /_~~'~ . ~:f, ~.~G. ~" Funcfs Stipulati~ns (if any) Spec~ficationslPl~nslPhataslAnt~t~al cast t~ City: Attached Nc~ne ~` I have r~ad a~nd unders~and th~ T~canatic~r~ Palicy ~f th~ City ~~ C~ileyvill~, a~nd accept th~ prvvisi~ns of that po9icy. a' S~gr~ature of D4nvr(s} --. ~~-~ %:< ~ - ~ ,~- Date ~- ".,~I -I . ~ , ~.~~~-~~`~,! s ~-+~w-: ._r Date _ Address af Qonor ~' 1L .~ t~ .~ l. ~~. Gity ~~ ~,_ ~1,~ _, _ .,~ r l >- st~ate l ;~ zI P ~' ! ~ _% ` Phone N~ambers: Home ,"-~/ :t- ." ;'~- :~ !-~~ ~ Office ~- _ RECEIVED by De~artment By Co~ancil Approva! aate Qa#e Resoluti~nlt~rdinance ~Vumber AC~~PTED for and in behaff vf th~ C~ty c~f Colleyville By Mayar, City ~f Ct~ll~yville or ~t~ard [7ate ns Ae~essi~n NumE~er CITY C}F COLLEIJILLE D~1NAT1(7N P~L~+CY The City of ~olleyvilJ~ encourages drnatia~s to the City in s~pport ~f its pra+~rams, servic~;s, callecti~~rs "c~Cl~ ~~C~IItiE.'S, far ti~e enhancerx~er~t afi Cc~6leyvill~. The purpose af t~is donatic~n ~olicy i~ to prc~vide a cc~nsistent and un~form policy for dQrration tv the Cify of Colley~iile; ~nd tv pravide the dr~nor knowledge af th~ p~Ei~ies ~nder wh'rc~ the danati~n is ~iven and acc~pted. All bo~r~is, c~mmis~io~ns, comm~ttees, an~i City ~auncil sh~li cvmp@y with this {~olicy. API departm~nts and ~mpl~yees c~~ th~e City of ~c~ll~yvill~ remain subjec# to the City of GaCl~yvilJe Personn~l Podicy and F'roc~dures Mar~ual, haw~ver ~m~Pcryees ane~ d~partments shalf comp~y with tf~ese pa~ici~s. In t~re event ad~fiticanal pvlicies of the Cnlleyvial~ C~nt~r, the Lit~rary, the Parks D~partrnent, ~r ar~y other City vf ~e~14ey~~[le entity ~onflict with tF~~~ Ci~ af Cv~peyville Danatian Pol~cy, f#~~s palicy shaN t~k~ precedent and super~~d~ the policies c~f ti~c~se entities. Danations frarn tY~+~ Friends Qf the LiE~racy ar~d the Library Foundati~n a~re exempt fr~rn fhi~ policy. ~'he Li~rar~~n w~Ef re~aort danations tQ the City Council. A!I don~#i~ns sh~ll he mad~ #o the ~ity c~fi ~ol~eyvi6le by u~e Qf th~ unifarm City ~f Colfeyvrlle ~o~atior~ ~nd Transter c~f Titf~; f~orr~. Sp~cifcativns incl~udir~g ~1ans, drawings, p~~tograpns, or details per~iner~t to th~ danated it~m, inc~~ding anticipa#ed ann~al aperating c~st, shall b~ attaehed as a p~rt ~f #he farm. A!I spa~es on t~h~ form shaii be c~mpieted or rroted if nat ap~ii~able. Any specia~ stipulatians, including ~c~~atic~r~ ~n~ use of a dana#ivr~, s~all E~~ es#ablished in the St~pulatic~n s~c#ion of th~ 7ransfer of Tit~e form. lf na such stipulation is rec+~rde~ on the forrn ar tf~~ ~ddendum ~s a part of that s~ct~an, the City shall have the right to use the dona#ian as de~ermined by th~ ~ity, free r~f encumbrances. ~fne City rese~-res the right to r~fuse ~ don~tia~r, The donar resenres t~re r~gf~t tn w;thdraw th~ ~onatian befare f~rma! acceptance k~y Gity ~o~ncil. fn a rnulti-item darratian, it~m~ may b~ acc~~t~cf r~n an ifem-by-item basis. Items danated far exhibit wil~ be subj~ct t~ a rc~tatian af exhi~bit tirr~e in or~er tm provid~ a variety ~f exhibits, and tv ~rv#ect items advers~~y ~~ected by exhibitivn. The CEty shratl ha-re t6~~ right to det~rm'r~e tirr~~s vfi ~xh`rbit. ~'roper p~eserv~fion ~nd care of dnnated item~s} st~all be define~ rander 5tipulatiar~s ifi necessary. The City of ~o~le~ville shalf nat place ~ mor~e~ary valc~~ ~n a dan~ted item; ~rar shaal the City iss~ue a receip# or ree~rd a m~n+~#ary vaG~e that has been determine~ ~y the d~anar. Subseq~ent City ins~r~ncelaccQUnting ~aBuations necessary to meet standard city pracedures are separate and a~ar€ fram the d~r~atian pracess, W~en bo#h the ~ig~atur~ ~~ the Dor~crr anc~ c~f tt~e M~yor, represen#ing the City Coc~~nci~"s ap~ravad, comp~ete the Danatian ar~d T~-ansfer c~f Titie dacument, the dor~~fiion bect~mes the prope~y c~f #he City mf ~olley~~ll~:. A~c~py t~f th~ ~~r~npleted [~vn~tior~ and Tr~r~sfer of ~'itl~ form sF~all ~e given tc~ fhe C3onor as th~ dan~r's r~card af danatic~r~. Qflnations c~f ~unds are welcom~. ~'he City shall exp~nd t~rvse funds ora materiaEs, e~uiprr~e~t ar ~raje~ts ~ccepta~f~e to the dvnor if ~equested. Donat~d funds shall be d~posited i~ dvnati~r~ furrd ~ccaunts wh~n defned, and shall nat b~ inter~ing~et~ wRth the General Fur~d ar ~ion~#io~ fund a~c~~~ts vf ~ther dep~r~m~nts, E~~ards ~r cammitiees. Funds ar~d services-i~-kind ~provided ta City of CoUeyville s~ans+~r~d ev~ents C~lebrate Cc~lfeyviile and Calleywilfe Proud Glean Sweep snafl camply with this poG~y ~n th~ forrn of ~ final repc~rt. Funds ~elaw $1,Ot3~ will be exclud~d frorn ~~ese ~r~licies. Lc~ans c~f item~ sriall n~ot be ac~~pte~ by the City of ~oll~yville. Excep#ions for speci~! it~ms vr eu~nts sha[I be ~v~luated by the City Cauncil, ~r~d require approva~ by the ~ity Cc~uncFl. -''.~~~ a_ .. City Hall ~~LL~ 1 City of Colleyville 100 Main Street ~ ~ ~~~~ ~oo ::,~ ~ Colleyville, Texas 76034 ~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-11-1792 File Number: 0-11-1792 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Police Department Agenda No.: 5a Final Action: File Name: Approval of amendments to Article II, Section 70 of the Code of Ordinances regarding Home Solicitations and Street Vendors Approval of amendments to Article I I, Section 70 of the Code of Ordinances regarding home solicitations and street vendors. Attachments: City of Colleyville Proposed Solicitation Ordinance Main Points.pdf • Current and Proposed Solicitation Ordinance Comparison.pdf • Solicitation Guidelines for Citizens and Applicants.pdf • Colleyville Police Department- Home Solicitation and Home Distribution Complaint Form.pdf • Draft Solicitation Ordinance Red-Line Version.pdf • Ordinance 0-11-1792.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Approval of amendments to Article II, Section 70 of the Code of Ordinances regarding Home Solicitations and Street Vendors Explanation First Reading and Public Hearing In the 2010 Colleyville citizen survey, the citizens of Colleyville ranked "Having a Safe Community" as the top priority for City actions. In addition, 74 percent of our citizens responded that door-to-door solicitations are a major/minor concern while 65 percent listed solicitations as a minor/no concern. These percentages resulted in door-to-door solicitations ranking as the number one neighborhood concern among Colleyville citizens . In addition to the citizen survey, the police department regularly receives complaints from citizens regarding solicitors in their neighborhoods. As a result, staff is proposing a repeal of the current solicitation and itinerant merchants ordinance to be replaced with an updated solicitation ordinance. The proposed ordinance is designed to more effectively address solicitation activities in order to secure the general health, safety and welfare for residents of Colleyville. A review of the existing solicitation ordinance found that it was last amended in 1996. It is an extremely voluminous document and somewhat difficult to manage, as it does not clearly separate the activities of home solicitation, home distribution, and itinerant merchants , which all vary in their business methods. Furthermore, the existing ordinance lacks best practices concerning the application and permitting process and regulation of solicitors and itinerant merchants in the City. City of Colleyville Page 1 Printed on 2/25/2011 Aaenda Briefinp Continued (0-11-17921 The proposed solicitation ordinance is designed to improve safety and welfare for Colleyville citizens by: • Prohibiting door-to-door solicitation at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; • Regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; • Regulating the manner in which any solicitation activity may occur to promote good order, protect citizens from aggressive and intimidating practices; and • Requiring solicitors to obtain permits from the City to aid in crime detection and deter deceptive practices and fraud. In the proposed ordinance, the regulations for commercial home solicitation, commercial home distribution, and itinerant vendors are separated for clarity since these categories often involve three separate and distinct activities. Commercial home solicitation involves the act or attempt to communicate with the resident, while commercial home distribution refers to the door-to-door distribution of advertisements or handbills other than through the United States mail. Distribution of literature by religious organizations, anonymous political speech, solicitations for charitable purposes and sales through previously established relationships with residents are all exempt from the permitting requirements in the proposed ordinance. Itinerant operations refer to business operations at one or more properties throughout the day where the vendor does not remain at any particular location for more than 30 minutes at one time. Commercial home solicitation and commercial home distribution In the proposed ordinance, it will be unlawful to solicit or distribute handbills at residences before 9:00 a.m. and after 4:30 p.m. and at any time on Sunday or a federally designated holiday. In addition, it remains unlawful for a solicitor to solicit or distribute handbills, if requested not to do so by the homeowner or occupant or if the proper legal notice is posted in a conspicuous place upon or near the main entrance to the residence. Several notable additions in the proposed ordinance that are not contained in the existing ordinance include: • Requirement for home distributors to obtain a permit • Solicitors and distributors may only approach front doors of residences • Authority for chief of police to suspend solicitation on any day where the Department of Homeland Security has issued a formal alert regarding a specific or credible terrorist threat resulting in an imminent or elevated threat level • Handbills must be placed in a secure manner no further than five feet from the front door of the residence • Solicitors must have copy of permit in their possession during all solicitation activities • Distributors must also wear an orange traffic safety vest • Citizen remedy through posting signage on property and a formal complaint process if activity persists • Solicitation in public right-of-way prohibited with exception of City employees subsequent to city manager approval City of Colleyville Page 2 Printed on 2/25/2011 Aaenda Briefinp Continued (0-11-17921 • Group registration option available for home distribution groups of 10 or more Itinerant vendors In the proposed ordinance, an itinerant vendor is defined as any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City and solicits, sells, or takes orders for, or offers to sell or take orders for any goods or services. A temporary business is one that continues for forty-five (45) days or less and exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists more than forty-five (45) days is deemed to be a permanent occupant and is required to obtain a certificate of occupancy from the City of Colleyville Community Development Department. The itinerant vendors in the proposed ordinance are broken down into the following three categories: 1. Mobile frozen dairy food vendor - any person who operates a vehicle on the streets of the City for the purposes of soliciting sales of frozen dairy food, either made or produced at the time of the sale, or prepackaged and wrapped in a covering. 2. Mobile ice cream truck - a mobile food unit that operates from a motor vehicle and sells only prepackaged, single-portion, ice cream or frozen confections. 3. All other itinerant vendors - any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. The following are several main points in the proposed ordinance regarding itinerant vendors: • Cannot remain at a single location for longer than 30 minutes • Must have sign visible with business address and phone of permit holder in letters not less than two inches in height • Vehicle must have current safety inspection sticker and be in good condition • Applicant must be at least 18 years of age with no active driving suspensions • Permit holder handling non prepackaged food must possess a current Tarrant County Public Health Department Food Handler Card and proof of an annual health inspection • Before permit is issued; applicant must furnish a$250,000 liability policy with notification to the City if cancelled • Sound equipment only permissible between 11:00 a.m. and dusk with restrictions if vehicle is stopped for vending • Sound may not be broadcast within 100 yards of schools, hospitals, churches, courthouses, funeral homes, or cemeteries • Requirement for a"Watch for Children" sign on front, side and rear not less than four inches in height • Serving window capable of being closed and located curbside only • Left and right outside mirrors and two additional wide angle mirrors on the front and City of Colleyville Page 3 Printed on 2/25/2011 Aaenda Briefinp Continued (0-11-17921 back to enable the driver to see around the entire vehicle • Operable flashing four-way yellow hazard lights required • Rear bumper cover or no ride bumper and trash receptacle requirement Attachment 1 to this briefing, titled "City of Colleyville Solicitation Ordinance Main Points", provides an overview and quick reference of the highlights in the proposed ordinance. Staff conducted extensive research toward the creation of the most effective solicitation ordinance to meet community demands and promote safety. To that end, the proposed ordinance makes numerous changes to the existing ordinance which were too numerous to efficiently complete through a simple revision to the existing ordinance. As a result, staff is recommending a repeal of the existing ordinance to be replaced with the proposed version . Attachment 2, titled "Current and Proposed Solicitation Ordinance Comparison", was created to compare the current solicitation ordinance to the proposed ordinance and highlight some of the notable differences in the two documents. In an effort to avoid any confusion or misunderstanding in the application process, prospective solicitors and itinerant vendors will be provided with a Solicitation Guidelines for Citizens and Applicants Form (Attachment 3), which they sign upon completing an application for a permit. This will help ensure the person or entity applying for a permit is clear on the parameters, expectations, and provisions of the ordinance and will assist staff in the event a permit must be revoked. In addition, these written guidelines may also be disseminated to the public in answering frequently asked questions regarding solicitation. Furthermore, staff is proposing to implement a process concurrently with the proposed solicitation ordinance whereby citizens can lodge a formal complaint against any solicitors that may solicit at their residence in violation of the ordinance. The complaint form, titled "Colleyville Police Department - Home Solicitation and Home Distribution Complaint Form" (Attachment 4), can be utilized by citizens in the event solicitors or distributors are coming to their home despite being asked not to, or in the case, where the citizen has proper no solicitation signage posted. Upon receipt of a complaint form, the police department will attempt to verify the information in pursuance of a revocation of the involved permit, if warranted. In addition, a list of current permit holders, as well as permits that have been revoked will be maintained on a shared City network location in order for police officers to access the information in the field from their patrol vehicles. The complaint form, solicitation guidelines, and the main points of the proposed ordinance will all be accessible to the public on the City's web site and at the Colleyville Justice Center. If approved, the chief of police will remain responsible for the solicitor and itinerant vendor permitting process, which is handled through the Colleyville Police Department Records Unit. Extensive internal training would take place in the police department with records unit personnel, police officers and the Citizens on Patrol volunteers regarding the details of any new solicitation ordinance. In addition, a comprehensive educational campaign would be conducted and the pertinent elements of the new ordinance would be disseminated through the local cable television channel, a media release, e-subscription, the E-Communicator, and the City's Facebook page. The information would also be placed on the front page of the City's website with a link to the police department homepage. City of Colleyville Page 4 Printed on 2/25/2011 Aaenda Briefinp Continued (0-11-17921 Staff presented the draft solicitation ordinance to City Council at the February 15, 2011 Pre Council Meeting. City Council recommended several revisions, which have been noted in Attachment 5. Council also directed staff to present the proposed ordinance for a First Reading at the March 1, 2011 City Council regular meeting. The proposed ordinance (Attachment 6) has been designed to promote good order and safety in the community while enhancing the permitting process and improving the identification and accountability of those soliciting in the City. This proposed ordinance is a compilation of the best practices in solicitation management, and has been constructed to be fair and balanced while effectively addressing the concerns and expectations of the citizens of Colleyville regarding solicitors. Financial Impact The proposed ordinance will not result in any additional costs to the City. The addition of the non-refundable application fees would result in the City being compensated for the expense of processing solicitation applications. Recommendation Approval City of Colleyville Page 5 Printed on 2/25/2011 CITY OF COLLEYVILLE SOLICITATION ORDINANCE MAIN POINTS Commercial Home Solicitation and Commercial Home Distribution • Solicitors and distributors may only approach the front doors of residences • Must leave unsolicited pamphlets, brochures, flyers, packages and printed advertisements secured and no further than five feet from front door • No soliciting on Sundays or federal holidays • Hours permitted are 9:00 a.m. - 4:30 p.m., Monday through Saturday • Solicitation activity may be suspended on any day where the Department of Homeland Security has issued a formal terrorist alert • Specific "No Solicitation" sign requirements - three inches by four inches in size near main entrance, letters 2/3 of an inch in height, bearing the words "no trespassing," "no peddlers," "no advertisements," "no solicitation," or "no handbills." • Restrictions for children 15 years of age or less - Must be within 1,000 feet of the child's home or actively supervised by an adult at least 18 years of age who is within 100 feet of the child • Applicant 15 years of age or less must provide copy of Parental Consent Form required by Section 51.0145 of the Texas Labor Code • Must have copy of permit in their possession and visible during all solicitation activities • Distributors must wear orange traffic safety vest • Citizen remedy: posting signage on property; formal complaint process if activity persists • Solicitation in public right-of-way more clearly defined • Group registration option available for distribution groups of 10 or more • Permit requirements - Names, mailing address, contact information for all in direct charge or control of solicitation, time period, description of inethods, merchandise type, whether monies will be accepted in advance of final delivery, list of cities worked for the past year, copy of valid sales tax certificate, two full- face photographs, authorization to conduct criminal background check • Permit will be denied if applicant has a conviction or plea of no contest to any felony or to a misdemeanor involving fraud, theft, embezzlement, burglary, larceny, fraudulent conversion, or misappropriation of property within the preceding 10 years; or • Has been found liable in a civil or administrative action in which the complaint or petition alleging fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property; or • Is subject to an injunction or restrictive court order relating to business activity as a result of action brought by a federal, state, or local public agency, including an action affecting a vocational license. • Permit is valid for a period of 180 days Itinerant Vendors Makes distinction between: Mobile frozen dairv food vendor - any person who operates a vehicle on the streets of the City for the purposes of soliciting sales of frozen dairy food, either made or produced at the time of the sale, or prepackaged and wrapped in a covering Mobile ice cream truck - a mobile food unit that operates from a motor vehicle and sells only prepackaged, single-portion, ice cream or frozen confections. Itinerant vendor - any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City and solicits, sells, or takes orders for, or offers to sell or take orders for any goods or services. • Each driver must apply for a permit • Cannot remain at a single location for longer than 30 minutes • Must have sign visible with business address and phone of permit holder in letters not less than two inches in height • Vehicle must have current safety inspection sticker and be in good condition • Applicant must be at least 18 years of age with no active driving suspensions • Before permit is issued, the applicant must furnish a$250,000 liability policy with notification to the City if cancelled • Subject to suspension on any day where the Department of Homeland Security has issued a formal terrorist alert • Permit is valid for a period of u~ to one year. All Itinerant vendor permits expire at midnight each December 31S • Sound equipment only used between 11:00 a.m. and dusk (30 minutes after sunset) • Sound may not be broadcast within 100 yards of schools, hospitals, churches, courthouses, funeral homes, or cemeteries and shall meet all noise nuisance ordinances. If the vendor is stopped for more than ten minutes, then music shall be turned off. • Music must be played at a reasonably low volume while the unit is stopped for vending • Sound equipment must be limited to music or human speech • WATCH FOR CHILDREN sign on front, side and rear not less than four inches in height and visible at 300 feet in normal sunlight • Serving window capable of being closed and located curbside only • Left and right outside mirrors, two additional wide angle mirrors on the front and back to enable the driver to see around the entire vehicle (back mirrors are not required for vehicles equipped with a"no ride" bumper) • Operable flashing four-way yellow hazard lights required • Rear bumper cover or no ride bumper and trash receptacle requirement • Name of all cities where applicant has conducted sales activity in the last 360 days • Two full-face passport size photos • Authorization to conduct a criminal background check • List of three character witnesses • Certified copy of sales tax permit • Statement of kind, type, character of goods to be sold • Period of time for sales or solicitation • Location within the City where sales activity will be conducted • If sales are to be conducted from one or more stationary locations, the applicant shall submit written consent of the property owner • If handling or selling non prepackaged food must have current Tarrant County Public Health Department Food Handler Card and proof of annual health inspection • No felony convictions in past five years • No convictions for felony sexual offenses, offenses involving drugs, or use of firearm in commission of crime, or any violent felony regardless of when offense occurred Current and Proposed Solicitation Ordinance Comparison Item Current Proposed Specifically addresses Solicitation Commercial home solicitation - all solicitation with resident contact Charitable solicitation Commercial home distribution - handbill, no resident contact Religious solicitation Itinerant vendors (mobile frozen dairy food vendors - i.e. soft serve ice cream; mobile ice cream trucks - i.e. prepackaged products Publication solicitation only) Itinerant merchants Commercial Home Distributors must now register Exemptions Organizations soliciting funds or goods from Charitable purpose solicitation their own membership Soliciting only by use of public broadcasting Religious organizations exclusively for literature distribution Soliciting funds only from foundations Anonymous political speech Those under 18 if engaged in fundraising Person with previous business relationships activities for a non-profit organization Fees $100 application fee per year - refunded to $15 non-refundable application fee; $50 permit fee per 180 days charitable solicitation applicant if permit is (Itinerant fee good for one year, separate permit for each driver) granted, retained if denied Group registration option for commercial handbill distribution only If more than one applicant, additional fee of $50 per person Renewal fee of $25.00 if renewed during the valid permit period Religious and publication solicitation - no fee Indigent exemption - must apply Religious and publication solicitation - no fee Current and Proposed Solicitation Ordinance Comparison Item Current Proposed Group registration None For commercial handbill distribution only ($15.00 non-refundable application fee; $15.00 permit fee per person Groups of 10 or more - permit fee is reduced to $10.00 per person Term Itinerant merchant and charitable Itinerant vendor permits valid up to one year and expire on solicitation- 30 days up to one year December 31St at midnight Religious solicitation - no term specified All others are valid for 180 days; renewable for like term Publication solicitation - all expire at midnight on Dec 31 St each ear Hours and restrictions 9:00 a.m. - 4:30 p.m. on any day Solicitors and Distributors - 9:00 a.m. - 4:30 p.m. Monday through Saturday, no Sundays or federal holidays. Itinerant vendors - 11:00 a.m. - dusk Solicitation activity may be suspended on any day where the Department of Homeland Security has issued a formal, detailed alert regarding a specific or credible terrorist threat indicating an imminent or elevated threat level Identification Must wear identifying badge or placard Solicitors and distributors must have permit visible and distributors must also wear orange traffic safety vest Restrictions on distribution Charitable solicitors may not obstruct or Commercial Home Distribution: impede passage, make physical contact May only approach front doors of residences without that person's permission, misrepresent purpose or an affiliation Must leave materials no further than 5 feet from front door Children 15 years of age and less must be within 1,000 feet of the child's home or actively supervised by an adult who is at least 18 years of age and is within 100 feet of the child Must have copy of permit on their person during all solicitation or distribution Current and Proposed Solicitation Ordinance Comparison Item Current Proposed Itinerant Vendor None Cannot remain at a single location for longer than 30 minutes General Restrictions Must have sign visible with business address and phone of permit holder in letters not less than 2 inches in height Any itinerant vendor handling or selling non prepackaged food must possess a current Tarrant County Public Health Department Food Handler card and proof of an annual health inspection Itinerant Vendor None Sound equipment only used between 11 a.m. and dusk Sound Restrictions Sound may not be broadcast within 100 yards of schools, hospitals, churches, courthouses, funeral homes, or cemeteries. Must be turned off when stopped longer than 10 minutes Itinerant Vendor None WATCH FOR CHILDREN sign on front, side and rear not less than Safety Requirements four inches in height visible at 300 feet in normal sunlight Serving window capable of being closed and located curbside only Left and right outside mirrors, two additional wide angle mirrors on the front and back to enable the driver to see around the entire vehicle; operable flashing four way yellow hazard lights; rear mirrors are not required if the vehicle is equipped with a"no ride" bumper Rear bumper cover or no ride bumper and trash receptacle Application requirements Solicitation only Home Solicitation, Home Distribution, and Itinerant Vendors Name, address, phone number of applicant Names, mailing address, phone numbers of applicant (also and address of headquarters in the City whether part of a partnership, corporation or association and contact information), contact information for all in direct charge or Parent organization information control of solicitation Name of person to whom receipts will be Time period and location of solicitation/distribution and frequency disbursed Current and Proposed Solicitation Ordinance Comparison Description of inethods, merchandise type Proof of non -profit status Whether monies will be accepted in advance of final delivery Work history within the City past 12 months List of cities worked for the past year Itinerant vendors only: Copy of valid sales tax certificate License plates of all vehicles to be used Two full-faced photographs Proof of vehicle liability coverage as required by law Authorization to conduct criminal background check Addresses for past five years with one If applicant is 15 years of age or less must have copy of parental consent form required by section 51.0145 of the Texas Labor Code reference in each community and name, address, and phone number of person supervising the Fingerprints of each agent activities of the applicant Itinerant vendor only in addition to above: Copy of sales tax permit - List of three character witnesses; no active suspension of driving privileges in the state; no felony convictions in past 5 years; no sex Copy of health certificate offenses, offenses involving drugs, or use of firearm in commission of crime or violent felony regardless of when it occurred -Vehicle in good condition and current safety inspection -Must provide copy of sales tax return filed for previous period Conditions for refusal to False statements, conviction of fraud, theft, Solicitors and Distributors - No conviction or plea of nolo issue conversion, embezzlement, swindling, contendere (no contest) to any felony or to a misdemeanor robbery, or burglary or other crimes of moral involving fraud, theft, embezzlement, burglary, larceny, fraudulent turpitude conversion, or misappropriation of property within the preceding 10 years Failure to comply with conditions Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent The making of a false statement of conversion, misappropriation of property, or the use of untrue or misrepresentation, or any representation by misleading representations in an attempt to sell or dispose of the permit holder that the permit is an property endorsement or recommendation of the cause for which the permit was issued Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices, or subject to an injunction Current and Proposed Solicitation Ordinance Comparison Item Current Proposed Bond/liability coverage $10,000 surety bond for itinerant and Itinerant vendors only: $250,000 liability policy with notification to charitable City if cancelled Public rights of way Prohibited for all Exception for City employees with permission from the city manager Public remedy None Commercial Home Solicitation/Commercial Home Distribution Complaint Form on web site and at police department Violation Revocation; appeal with Chief; no term Revocation; appeal with Chief; revocation in effect for one year specified Option to charge with Class C misdemeanor and fine up to $500.00 er occurrence Solicitation Guidelines for Citizens and Applicants The City of Colleyville wishes to promote good order in the community and ensure the safety and privacy of its residents by reasonably limiting the hours of solicitation and requiring permits. As a result, Commercial Home Solicitors, Commercial Home Distributors, and Itinerant Vendors are required to obtain a special permit. This information sheet will assist you in understanding the solicitation, distribution, and itinerant vendor requirements and related permitting process. Who is required to obtain a solicitation permit? Commercial home solicitors - solicitors at a residence for the purpose of selling or offering to sell goods, services or realty either in-person or through the door- to-door distribution of advertisements (other than through the United States mail). Commercial home distributors - any person engaged in the business for hire or gain of distributing handbills or advertisements, other than newspapers distributed to subscribers, and any person receiving compensation directly or indirectly for the distribution of such handbills or advertisements. Itinerant vendors - any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. Mobile frozen dairy food vendors - any person who operates a vehicle on the streets of the City for the purposes of soliciting sales of frozen dairy food, either made or produced at the time of the sale, or prepackaged and wrapped in a covering. Mobile ice cream truck - a mobile food unit that operates from a motor vehicle and sells only prepackaged, single-portion, ice cream or frozen confections. What are the requirements for a permit? Commercial Home Solicitors and Commercial Handbill Distributors o Names, mailing address, phone numbers of applicant (also whether part of a partnership, corporation or association and contact information), contact information for all in direct charge or control of solicitation o Time period and location of solicitation/distribution and frequency o Description of inethods, merchandise type o Whether monies will be accepted in advance of final delivery o List of cities worked for the past year o Copy of valid sales tax certificate o Two full-faced photographs o Authorization to conduct criminal background check o If applicant is 15 years of age or less, must have copy of parental consent form required by section 51.0145 of the Texas Labor Code and name, address and phone number of person supervising the activities of the applicant o Permit will be denied if applicant has a conviction or plea of nolo contendere (no contest) to any felony or to a misdemeanor involving fraud, theft, embezzlement, burglary, larceny, fraudulent conversion, or misappropriation of property within the preceding 10 years o A statement whether the applicant has ever been: - Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property; or - Subject to an injunction or restrictive court order relating to business activity as a result of action brought by a federal, state, or local public agency, including an action affecting a vocational license. Itinerant Vendors (includes mobile frozen dairy vendors and mobile ice cream trucks) o No felony convictions in past five years; no sexual offenses, offenses involving drugs, use of firearm in commission of crime, or violent felony regardless of when it occurred o Vehicle in good condition; current safety inspection o Must provide copy of sales tax return filed for previous period o Name of all cities where applicant has conducted sales activity in last 360 days o Two full-face passport size photos o Authorization to conduct a criminal background check o List of three character witnesses o Certified copy of sales tax permit o Statement of kind, type, character of goods to be sold o Period of time for sales or solicitation o Location within the City where sales activity will be conducted o If sales are to be conducted from one or more stationary locations, the applicant shall submit written consent of the property owner o If handling or selling non prepackaged food must have current Tarrant County Public Health Department Food Handler Card and a valid health inspection certificate o Applicant must be at least 18 years of age with no active driving suspensions o Before permit is issued, the applicant must furnish a$250,000 liability policy with notification to the City if cancelled Are there any specific restrictions? Commercial Home Solicitors and Commercial Handbill Distributors o Hours permissible are 9:00 a.m. - 4:30 p.m. Monday through Saturday. Sundays and federally regulated holidays are prohibited o Solicitation activity may be suspended on any day where the Department of Homeland Security has issued a formal, detailed alert regarding a specific or credible terrorist threat indicating an imminent or elevated threat level o Must wear identifying badge and distributors must wear orange traffic safety vest o May only approach front doors of residences o Must leave materials no further than five feet from front door o Children 15 years of age or less must be within 1,000 feet of the child's home or actively supervised by an adult who is at least 18 years of age and is within 100 feet of the child o Must have copy of permit on their person during all solicitation or distribution Itinerant Vendors o Cannot remain at a single location for longer than 30 minutes o Must have sign visible with business address and phone of permit holder in letters not less than two inches in height o Must have a WATCH FOR CHILDREN sign on front, side and rear not less than four inches in height visible at 300 feet in normal sunlight o Serving window capable of being closed and located curbside only o Must have left and right outside mirrors, two additional wide angle mirrors on the front and back to enable the driver to see around the entire vehicle, operable flashing four way yellow hazard lights (back mirror is not required if the vehicle is equipped with a no ride bumper) o Must have rear bumper cover or "no ride" bumper and trash receptacle o Sound equipment may only be used between 11:00 a.m. and dusk o Sound may not be broadcast within 100 yards of schools, hospitals, churches, courthouses, funeral homes, or cemeteries and shall meet all noise nuisance ordinances. Music must be played at a reasonably low volume while the unit is stopped for vending and must be turned off if stopped for longer than ten minutes. How often do / need to renew my permit? o Permits for commercial home solicitors and commercial home distributors are valid for a period of 180 days. They may be renewed prior to expiration. o Permits for Itinerant vendors, including mobile frozen dairy vendors and mobile ice cream trucks are valid for up to one year and expire at midnight on December 31St each year regardless of date of issue. What are the fees? o$15 non-refundable application fee plus a$50 permit fee per person o Group registration option is available for commercial handbill distribution only - 2- 9 persons: $15 non-refundable application fee plus $15 permit fee per person - 10+ persons: $15 non-refundable application fee plus $10 per person o Renewal fee of $25.00 if renewed during the valid permit period o Must apply for an indigent exemption o Exemptions - religious organization, anonymous political speech, charitable purposes How do I receive additional information? Please contact the Colleyville Police Department at 817-503-1242, via email at colleyvillepd@colleyville.com or visit the City's website at www.collevville.com Officers observing Commercial Home Solicitors, Commercial Home Distributors or Itinerant Vendors while on patrol may make contact and verify valid permits. FOR APPLICANTS ONLY: I have read and understand the above regulations and agree to comply with them. Name of Applicant Date Photographic examples of signs compliant with the Colleyville Solicitation Ordinance Signage must be no smaller than three (3) inches by four (4) inches in size bearing the words: No Trespassing, No Peddlers, No Advertisements, No Solicitation, No Handbills or any similar notice indicating in any manner that the occupants of such premises do not desire to have any handbills left or solicitation upon their premises. The letters on such signage shall not be less than two-thirds (2/3) of an inch in height. ~ ';~:. ° - . ~~~,. ~ '~~.~ ` _ . ~:a ~~ ~~ ~ : ~.:, `~ ~r`: / ` `~ ~ ~ .~ - ~ N~ SOLICITATI~N UR DISTRIBUTION ~1F MATERIALS AL!~OI~ED aN CaI~PANY PRaRERTY AT ANY TI~IE COLLEYVILLE POLICE DEPARTMENT - HOME SOLICITATION AND HOME DISTRIBUTION COMPLAINT FORM The City of Colleyville has an ordinance prohibiting solicitation at a home if the property owner or occupant has asked the solicitor not to solicit or distribute materials at their residence or if the proper signage has been posted. Many solicitation problems are effectively handled when citizens take the following steps: STEP 1: Posting a sign on your property stating that soliciting is prohibited. Many people place this sign in the area near or at the front porch or door. Remember, to be in compliance with the City Ordinance, the sign must: • Be in a conspicuous place • At least 3" by 4" in size with words to the effect: "No Solicitation, No Handbills, No Peddlers, No Trespassing or No Advertisements" • All letters must be at least 2/3" in height The above sign may be made or purchased. YOU HAVE DONE THE ABOVE AND THOSE UNWANTED HANDBILLS AND SOLICITORS ARE STILL APPEARING Sometimes, posting a sign is not enough to deter solicitors. If you are still receiving unwanted handbills or solicitors, please proceed to Step 2 and complete a Home Solicitation and Home Distribution Complaint Form with the Colleyville Police Department. STEP 2: The complaint process is simple and a complaint form can be obtained by: • Going online to www.collevville.com • Calling 817-503-1242 and ask that a complaint form be mailed, faxed or e-mailed to you • Stopping by the Colleyville Justice Center located at 5201 Riverwalk Drive between 8:00 a.m. and 5:00 p.m. Monday through Friday Important: It is helpful if a photograph of your sign and the handbill (if applicable) accompany the completed complaint form. This additional information will assist the police department in locating the correct solicitation company. STEP 3: Drop off or mail your completed complaint form to the Colleyville Justice Center, 5201 Riverwalk Drive Colleyville, Texas 76034 or e-mail the information to collevvillepd(a~collevville.com If you have any questions regarding solicitors, please call the Colleyville Police Department Records Unit at 817-503-1242. Collevville Police Department - Home Solicitation and Home Distribution Complaint Form Today's Date: Your Name: Home Address: Home Phone: Business or Cell Phone: ************************************************************************************* Name of Solicitor (if known): Name of Solicitation Company (if known): Date of Occurrence: Address of Occurrence: Time of Occurrence (if known): Were Colleyville Police Officers called to the scene? Yes No Police Report Number (if applicable): Please attach a photograph of your "No Solicitation" sign and the actual materials left at your residence to this form. UPON COMPLETION OF THIS FORM: PLEASE RETURN TO: Colleyville Police Department Attn: Records Unit 5201 Riverwalk Drive Colleyville, Texas 76034 OR E-MAIL TO: colleyvillepd@colleyville.com DRAFT COLLEYVILLE SOLICITATION ORDINANCE I. SOLICITATION GENERALLY The purpose of this ordinance is to secure the general health, safety and welfare for the residents of the City of Colleyville by: Prohibiting door-to-door solicitation at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; Regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; Regulating the manner in which any solicitation activity may occur to promote good order, protect citizens from aggressive and intimidating practices; and Requiring solicitors to obtain permits from the City to aid in crime detection and deter deceptive practices and fraud. II. DEFINITIONS A. The following words and phrases, when used in this ordinance, shall have the meanings ascribed to them by this section: 1. Charitable purpose shall mean philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. "Charitable purpose" shall not be construed to include any direct benefit to the individual making the commercial home solicitation, to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law. 2. Commercial home solicitation or soliciting means the solicitation at a residence through the attempt or act of asking, bartering, or communicating in any manner for the purpose of selling or offering to sell goods, services, or realty for a for-profit purpose which includes promoting, advertising, receiving or obtaining money, gifts or items of value for said individual or group of individuals, or for-profit organization, club, company, corporation. 3. Commercial home distribution or distribute means the door-to-door distribution of advertisements or handbills (other than through the United States mail). 4. Dusk means 30 minutes after sunset. 1 5. Handbill means and includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature. 6. Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills. 7. Handbill sponsor means and includes any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message. 8. Itinerant operations shall mean and refer to the conduct of business operations at one or more locations or properties throughout the day, provided that the mobile food vendor does not remain or linger at any particular property or location for longer than thirty (30) minutes. 9. Itinerant vendor shall mean any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. 10. Mobile frozen dairy food vendors shall mean any person who operates a vehicle on the streets of the City for the purposes of soliciting sales of frozen dairy food, either made or produced at the time of the sale, or prepackaged and wrapped in a covering. 11. Mobile ice cream truck is a mobile food unit that operates from a motor vehicle and sells only prepackaged, single-portion, ice cream or frozen confections. 12. Pedd/er shall mean any person traveling by foot, wagon, vehicle or any other type of conveyance from street to street carrying, conveying, or transporting goods, wares or merchandise and offering or exposing them for sale, or making sales and delivering articles to purchasers; or who, without traveling from place to place, exhibits, displays, sells, or offers for sale such products from a wagon, handcart, pushcart, motor vehicle, conveyance or from his person while on the public ways of the City of Colleyville. A peddler also includes any street vendor, itinerant vendor or transient vendor. 13. Public right-of-way for the purposes of this ordinance, a legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Right-of-way also includes the travel portion of the roadway and all traffic medians. 14. Residentia/ street means a thoroughfare or public driveway, other than an alley, not on the City's Master Thoroughfare Plan, which has been dedicated or deeded to the public for general use and affords a principal 2 means of vehicular or other access to property abutting thereon. 15. Temporary business means one that continues for forty-five (45) days or less; and, exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists more than forty-five (45) days shall be deemed to be a permanent occupancy and is required to obtain a certificate of occupancy from the building inspection department. 16. Transient vendor shall mean vendors who sell items for a limited time and have no permanent place of business at that location. Examples of places where transient vendor sales may take place are at fairs, bazaars, flea markets, art or craft shows, or concerts. III. COMMERCIAL HOME SOLICITATION AND COMMERCIAL HOME DISTRIBUTION A. COMMERCIAL SOLICITATION AND HANDBILL DISTRIBUTION ON PRIVATE PROPERTY 1. It shall be unlawful for any person to conduct commercial home solicitation or commercial home distribution upon residential property within the City without first obtaining a written permit as prescribed by this ordinance. 2. It shall be unlawful to approach ~c~~ear ~'^~~~e~ar ^f r°°;,~°r+;~' ~e+~+ses any part of a residence other than the front door. 3. It shall be unlawful to solicit, peddle, or distribute on residential property prior to 9:00 AM or after 4:30 PM of any day Monday through Saturday, or any time on Sunday or any other federally designated holiday, or: a. On any day where the Department of Homeland Security has issued a formal alert regarding a specific or credible terrorist threat resulting in an imminent or elevated threat level, the Chief of Police may suspend any commercial home solicitation, commercial home distribution, or itinerant vendor activities until such time that the threat level is rescinded; b. This section shall not apply to a visit to the premises as a result of a request or invitation made by the occupant, invitation of the owner of the property or a person residing on the premises. 4. It shall be unlawful for any person, commercial handbill distributors, or commercial home solicitors to distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any residential property except: a. By handing or transmitting such handbill directly to the owner or occupant then present in or upon such private premises, or; b. By placing or depositing the same in a manner to secure and prevent 3 such handbill from being blown or drifting about such premises, except that mailboxes may not be used when prohibited by federal postal laws or regulations. 5. It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any residential property or to go upon any residential premises for the purpose of commercial home solicitation or commercial home distribution and ring the doorbell, knock upon the door or create any sound for the purpose of attracting the attention of the occupants of the residence if: a. Requested by anyone thereon not to do so, or b. If there is placed on such premises in a conspicuous place upon or near the main entrance to the residence, a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words "no trespassing," "no peddlers," "no advertisements," "no solicitation," "no handbills," or any similar notice indicating in any manner that the occupants of such premises do not desire to have any such handbills left upon their premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height. 6. It shall be unlawful for any person to employ, use or otherwise put into service a child who is fifteen (15) years of age or less to engage in a commercial home solicitation or commercial home distribution unless the child is soliciting or distributing within 1,000 feet of the child's home or the child is actively supervised by an adult at least eighteen (18) years of age who is within one hundred (100) feet of the child or who has written consent from a parent of legal guardian for a charitable purpose. 7. No person shall leave any ~~n°^';^;+o,~ ,.,r~, ,~~r ,,n~„~,~;+o,~ ro,~,~r~ror , , unsolicited pamphlet, unsolicited brochure, unsolicited flyer, unsolicited package,- or unsolicited printed advertisement ^r n4hor ,,n~„~;,-;+o,~ nr;n+o,~ m~~ at a residence at a place further than five (5) feet from the front door of the residence. B. DISPLAY OF IDENTIFICATION 1. The person(s) in charge of conducting commercial home solicitation or commercial home distribution shall ensure that all commercial home solicitors or commercial home distributors involved possess on their person photo identification, such as a valid drivers license or other valid governmental identification that correctly identifies whom the solicitor/distributor is and for whom the solicitor/distributor is working. 2. It shall be unlawful for any commercial home solicitors or commercial home distributors to fail or refuse to show or display such identification upon the request of any person. 4 3. It shall be unlawful for any commercial home solicitors or commercial home distributors to engage in commercial home solicitation or commercial home distribution without having a copy of the permit in their possession, except that where the person who will be peddling or soliciting is fifteen (15) years of age or less. a. Such person shall be supervised by a person who is over the age of eighteen (18) years of age and who shall obtain a license on behalf of the person to be supervised. 4. The permit holder must ensure that the permit is properly displayed while conducting peddling, commercial home solicitation or commercial home distribution activities. a. Properly displayed shall mean attached or hung so that the permit is clearly visible to the public and law enforcement officials. 5. It shall be unlawful for any person to conduct themselves as a~°~ ~~~~;~~ h~mo ~„~;,.;+„r ~r commercial home distributor without wearing an orange traffic safety vest. C. SOLICITATION IN SELECTED PUBLIC RIGHTS-OF-WAY 1. It shall be unlawful for any person to solicit or to distribute handbills on, in, upon, or around any City rights-of-way, with or without a permit. 2. Employees of the City of Colleyville are hereby exempt from the provisions of sub-section 1 above provided approval is first obtained from the city manager or their designee. D. SOLICITATION FOR PURPOSES NOT SET OUT IN THE APPLICATION 1. It shall be unlawful for any commercial home solicitor to solicit for a purpose other than that set out in the application upon which the permit was issued. IV. ITINERANT VENDORS A. REQUIREMENTS 1. It shall be unlawful to operate a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle in the City, and no person who owns or controls an ice cream truck or itinerant street vendor vehicle shall permit it to be so operated at any time, unless the driver of said vehicle shall have first obtained and shall then have in force an itinerant street vendor permit issued under the provisions of this ordinance. 2. All permits shall be for specific time periods, dates and locations 5 3. Mobile frozen dairy vendors, mobile ice cream trucks, or other itinerant vendor vehicles are permitted to vend in an area for a short period of time and move to multiple other locations providing they do not remain at a location for more than thirty (30) minutes without specific approval as in the contained in the permit. 4. Sound equipment must be limited to music or human speech and can only be used between 11:00 a.m. and dusk each day. 5. Sound may not be broadcast within one hundred (100) yards of schools, hospitals, churches, courthouses, funeral homes, or cemeteries and shall meet all noise nuisance provisions contained in the Colleyville Code of Ordinances. Music must be played at a reasonably low volume while the unit is stopped for vending. If the unit is stopped for vending for more than ten (10) minutes, then music shall be turned off. 6. A sign or decal that is visible at all times with the business address and telephone number of the business permit holder printed on the side of the vehicle in letters of not less than two (2) inches in height. 7. Vehicles must be in good condition and have a current safety inspection sticker from Texas Department of Motor Vehicles 8. All itinerant vendors shall comply with all provisions of the Colleyville Land Development Code. Any itinerant vendor seeking to locate at a stationary point for more than thirty (30) minutes must also obtain a temporary use permit from the City of Colleyville Community Development Department. C. SAFETY EQUIPMENT FOR ICE CREAM TRUCKS OR OTHER VEHICLES VENDING FOOD PRODUCTS TO CHILDREN 1. Signs stating "WATCH FOR CHILDREN" or "SLOW CHILDREN CROSSING" must be provided on the front, back and both sides of the vehicle in at least four inch four inch letters of contrasting colors in distinctive lettering which is visible at three hundred (300) feet to the front and rear in normal sunlight upon a straight, level roadway or highway. Swing arms stating "Stop for Children" may be used as an option on the side of the vehicle in lieu of the signage with four inch lettering. 2. A serving window capable of being closed when not in use must be provided and located on the curbside only. 3. The vehicle must be provided with left and right outside rear view mirrors, as well as two additional outside wide-angle mirrors on the front and back of the vehicle to enable the driver in his normal seated position to see around the entire vehicle and see the area in front of the truck obscured by the hood. Rear mirrors shall not be required if the vehicle is equipped with a no ride bumper. 4. All vehicles must have operable four-way, yellow flashing hazard lights to 6 warn approaching drivers of children. 5. A rear bumper cover or a no ride bumper must be installed to prevent children from standing or jumping on the rear of the vehicle. 6. A trash receptacle to dispose of all litter that is generated from products sold from the mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle. 7. o,~,;r~~ ~-~T~^~,;,,;T°~e~1--~s ~~+;,,~~~ ~~,~rr;.,n ~~at+p~~T~° ~nQ ruii nr~~ni~~ V. APPLICATION FOR PERMIT A. COMMERCIAL HOME SOLICITATION 1. A person or organization seeking a permit for the purpose of conducting home solicitation shall file an application with the Colleyville Police Department. The application shall contain the following information: a. The full and legally recognized names and any associated aliases, logo, nicknames, and abbreviated names of the entity or person applying for a permit to solicit; b. Whether the person applying is an individual, partnership, corporation or association, and: i. The business or residence address and telephone number of the applicant; ii. If a partnership, the names of all partners and the principal business address and telephone number of each partner; iii. If a corporation, the person applying shall state whether it is organized under the laws of this state, another state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of such corporation, and, if a foreign corporation, the place of incorporation; iv. If an association, the application shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten (10) in number, in which case the application shall so state and the person registering may alternatively list the name and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association; ~ v. If the association is a part of a multistate organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. c. The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation; d. The time period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion and the specific location(s); e. A description of the methods and means by which the solicitation is to be accomplished; f. The type of the merchandise to be sold or offered for sale or the nature of the services to be furnished; g. Whether such applicant, upon any such order so obtained, will demand, accept or receive payment or deposit of money in advance of final delivery; h. A statement whether the applicant has ever been: i. Convicted of or pleaded nolo contendere to any felony or to a misdemeanor involving fraud, theft, embezzlement, burglary, fraudulent conversion, or misappropriation of property within the preceding ten (10) years; ii. Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property or to obtain money or a thing of value from another; iii. Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices; or iv. Subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency, including an action affecting a vocational license; i. The names of any cities where the applicant has worked in the previous three hundred and sixty (360) days; j. Two full-face photographs of each applicant, two inches (2") square; k. A copy of a valid state tax sales certificate, if applicable; An authorization to conduct a criminal background check on the applicant; s m. Any other information which the City deems necessary for the administration of this ordinance. 2. The application must be signed by the applicant and accompanied by a non-refundable application fee of $15.00 and a permit fee of $50.00, if approved. Such application shall also show satisfactory written proof of the individual's authority to represent the company. 3. Information provided by applicant will be subject to verification by the police department. 4. Failure to provide a complete and thorough application or falsification of any part of the application shall be grounds for the denial or revocation of a perm it. 5. After review of the permit application and within ten (10) working days of the receipt of the application, the Chief of Police shall either issue a permit, as provided in this ordinance, or notify the person applying that the application does not comply with the requirements of this ordinance, specifying why the application is incomplete or otherwise does not comply. 6. If the applicant is fifteen (15) years of age or less, a copy of the parental consent form required by section 51.0145 of the Texas Labor Code and the name, address, and telephone number of all persons who will be responsible for supervising the activities of the applicant must be provided. 7. A permit granted under this article shall be valid only until the termination of the solicitation period specified in the permit or for one hundred eighty (180) days, whichever is less, but may be renewed once for one hundred eighty (180) days, if made within the initial one hundred eighty-day (180) period of the original permit. Each applicant or representative for renewal must verify permit information as correct and file copies of sales tax returns for the prior license period. a. A permit renewal application shall be $25.00 if submitted within one hundred eighty (180) days of the original application. B. COMMERCIAL HOME DISTRIBUTION 1. No person shall engage in a commercial home distribution without having a valid, current permit issued under the provisions of this ordinance by the Chief of Police. The application shall contain the following: a. The name, date of birth and mailing address of the person(s) applying; b. The name, mailing address and phone number of the handbill sponsor and company organizing the distribution of same; c. The time period and locations within which commercial home distributions will be made, including the proposed beginning date 9 and the projected date of conclusion, and an estimate of how often the applicant will distribute during the permit period; d. A description of the methods and means by which the commercial home distributions will be accomplished; e. A description of the goods or services to be sold or offered through the distribution; f. If the applicant is fifteen (15) years of age or less, a copy of the parental consent form required by section 51.0145 of the Texas Labor Code and the name, address, and telephone number of all persons who will be responsible for supervising the activities of the applicant must be provided; g. A statement whether the applicant has ever been: i. Convicted of or pleaded nolo contendere to any felony or to a misdemeanor involving fraud, theft, embezzlement, burglary, fraudulent conversion, or misappropriation of property within the preceding ten (10) years; ii. Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property or to obtain money or a thing of value from another; iii. Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices; or iv. Subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency, including an action affecting a vocational license; 2. It shall be unlawful for any person to file an application for a commercial home distribution permit that contains any false statement of fact. 3. The names of any cities where the applicant has worked in the previous three hundred and sixty (360) days. 4. The application for the permit must be signed by the applicant and accompanied by a non-refundable application fee $15.00 and a permit fee of $50.00, if approved. Such application shall also show satisfactory written proof of the individual's authority to represent the company. 5. It shall be unlawful for any person to engage in a commercial home distribution without carrying the permit required by this ordinance on his or her person while so engaged or to display a permit issued in the name of another person. 10 6. After review of the permit application and within ten (10) working days of the receipt of the application, the Chief of Police shall either issue a permit, as provided in this ordinance, or notify the person applying that the application does not comply with the requirements of this ordinance, specifying why the application is incomplete or otherwise does not comply. 7. A permit granted under this article shall be valid only until the termination of the solicitation period specified in the permit or for one hundred eighty (180) days, whichever is less, but may be renewed once for one hundred eighty (180) days, if made within the initial one hundred eighty-day (180) period of the original permit. Each applicant or representative for renewal must verify permit information as correct and file copies of sales tax returned for the prior license period. a. A permit renewal application shall be $25.00 if submitted within one hundred eighty (180) days of the original application. C. GROUP REGISTRATION (applies to Commercial Home Distribution permits only) 1. A person may apply for a group registration applicable to two (2) or more persons who desire to engage in commercial home distributions. 2. The registration application shall contain all of the information required above for each person who will be engaging in commercial home distributions under the group registration. 3. The application must be signed by a person responsible for the group application and shall be accompanied by a non-refundable application fee of $15.00 and a permit fee of $15.00 for each person to be included under the group application. 4. Provided that, if the applicant registers ten (10) or more persons under a group application, the permit fee shall be $10.00 per person. 5. The applicant for group registration shall provide each person distributing under the applicant's registration an identification badge to be worn and displayed while the person is engaging in a commercial home distribution. D. ITINERANT VENDORS 1. Every driver or person desiring a permit to conduct sales activity in the City as a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor shall make a written application therefore to the Chief of Police. The application shall be made on a form approved by the Chief of Police, accompanied by a non-refundable $15.00 application fee and a $50.00 permit fee if approved, and state the following: a. Name and business address and phone number of applicant; b. Name, address and phone number of the person, firm or corporation applicant is representing; the agent or service of process of a corporation and/or name and address of any owner of a business 11 not incorporated and the assumed name of said business filed in the index in the county of its home office, for any business; c. Attached to the application shall be a certified original copy of sales tax permit issued by the comptroller of the state; d. Statement of the kind, type and character of solicitation and/or the goods that applicant will offer for sale, and state whether the purchaser of such wares or goods shall be required to make any deposit or advance payment of purchase price before delivery and a complete and full statement of the delivery date; e. The period of time the applicant wishes to sell or solicit in the City; f. Location or area of the City where sales activity will be conducted within the City; g. List of all convictions of all felonies and misdemeanors and violations of this article of applicant and representatives, stating the offense, City and state, the court of conviction and the punishment imposed; h. Name and phone number of three (3) character witnesses for applicant who can be contacted within forty-eight (48) hours. i. If sales are to be conducted from one (1) or more stationary locations the applicant shall submit written consent of the property owner or its authorized agent consenting to applicant's use of such private property for sales activity indicated in permit application; j. Names of each employee, agent, or representative for whom the applicant will sell, offer, exhibit or solicit orders for the sale of goods, wares or merchandise for or on behalf of the applicant; k. The name of all cities in which the applicant has conducted sales activity in the last three hundred sixty (360) days. 2. No itinerant street vendor vehicle driver's permit or ice cream truck driver's permit shall be granted unless: a. The applicant is at least eighteen (18) years of age, has a valid state issued driver's license, and b. The applicant has no active suspension on his or her driving privileges in any state; c. No permit shall be issued if the applicant has been convicted of any felony in the past five (5) years; d. No permit shall be issued if the felony conviction was for a sexual offense, an offense involving drugs, or the use of a firearm in the commission of the offense, or if it was a violent felony, regardless of 12 when the felony occurred (there is no five-year limitation for these types of felony crimes). 3. Before a permit is issued by the Chief of Police, the applicant will be required to furnish a policy of liability insurance in the amount of two hundred fifty thousand and no/100 ($250,000) dollars per incident. This policy must include a provision that the City will be notified within thirty (30) days if this policy of insurance is to be cancelled for any reason. a. Cancellation of an insurance policy for a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor shall be an automatic revocation of the permit issued to that mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor. b. Cancellation of an insurance policy for any company that operates any mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor shall be an automatic revocation of all City permits issued to all mobile ice cream trucks, mobile frozen dairy vendors, or other itinerant street vendors operated by that com pany. 4. Vehicles must be in good condition and have a current safety inspection sticker from Texas Department of Motor Vehicles. 5. Any itinerant vendor handling or selling non prepackaged food must also possess a current Tarrant County Public Health Department Food Handler Card. Proof of an annual health department inspection shall be provided at the time of permit application. The inspection shall be performed by a registered sanitarian licensed in the State of Texas and employed with a county or city health department in the State of Texas. 6. When the application is approved, the mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor's permit shall be issued in card form. The photograph of the driver shall be attached to the card. a. Each driver will be given a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor permit number which will be on such permit. This card shall be posted in a prominent place in the mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle and shall be shown to any customer, police officer, or code enforcement officer upon request. b. A copy of the permit shall be posted in a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle at all times. 7. A permit granted under this article shall be valid for one year - from between January 1St and December 31St regardless of the date of application. Each applicant or representative for renewal must verify permit 13 information as correct and file copies of sales tax returns for the prior perm it period. VI. EXEMPTION FROM PERMIT FEES A. The permit fees shall not be required of: charitable solicitations, ordinary commercial travelers who sell or exhibit for sale goods, wares, or merchandise to persons selling and dealing in the same within the city, or individuals who file a statement with the police department indicating their indigent status. VII. INVESTIGATION OF THE APPLICANT A. In addition to all permit fees, each applicant for any type of permit in this ordinance shall pay a non-refundable fee of $15.00 to cover the cost of conducting a criminal background check on the applicant(s). B. It shall be the duty of the Chief of Police or his designee to investigate each applicant for a permit under this ordinance before issuance of such a permit based on a review of the applicant's background. VIII. ISSUANCE, DENIAL, REVOCATION A. The Chief of Police or his designee shall issue the applicant a commercial home solicitation, commercial home distribution, or itinerant vendor permit if the Chief determines that the application has been fully and accurately completed, the permit application fee has been paid, and that the applicant has satisfied each requirement of this ordinance. If not, the Chief may deny the permit. B. A commercial home solicitation, commercial home distribution, or itinerant vendor permit may be revoked if the Chief of Police so determines that reasonable cause exists to believe that: 1. A statement of fact contained in the application was false or materially misleading; 2. The permit holder has failed to comply with any of the provisions of this ordinance; 3. Any of the conditions of this ordinance is or has become applicable to the permit holder; or 4. The permit holder has engaged in a commercial home solicitation or commercial home distribution that involves the use of false, misleading, fraudulent, or deceptive acts. C. The Chief of Police or his designee shall provide notice of the revocation by certified mail, personal service, or courier-receipted commercial delivery sent to the address provided on the permit holder's application. D. The permit holder may appeal the denial or revocation of a permit to the Chief of Police by filing a written notice of appeal with the Chief of Police within ten (10) business days of delivery of notice of the denial or revocation. The Chief of Police shall render a decision on the appeal within five (5) business days of the date of 14 the receipt of the appeal. The decision of the Chief of Police shall be final. A revocation shall remain in effect for a period of one (1) year, during which time the permit holder may not be issued another commercial home solicitation, commercial home distribution, or itinerant vendor permit. E. It shall be the duty of the Chief of Police or his designee to issue or refuse to issue a permit under this ordinance not later than thirty (30) business days from the time the application is received by the police department. VIII. EXEMPTIONS TO PERMITTING REQUIREMENTS A. The following shall be exempt from the permitting requirements of this ordinance: 1. Religious organizations exclusively for the distribution of literature and other items for the purpose of proselytizing, provided that no fees are charged and no donations are solicited; 2. Anonymous political speech; 3. Charitable purpose; 4. The provisions of this ordinance shall not apply to sales made under authority and by order of law, nor to persons, or their authorized representatives, who have previously established with the owners or occupants of such private residences or property a regular business, trade, service or other contractual relationship; 5. Any operation which is exempted by state or federal statute from this ordinance is exempt only to the extent of such applicable exemption; 6. Any person claiming to be legally exempt from the provisions of this ordinance, including the payment of the permit or investigation fee shall make such a claim in writing to the Chief of Police citing the applicable statute or authority, and providing proof of its applicability. IX. PENALTIES A. Any person violating any provision of this ordinance or failing to observe any provisions of this ordinance shall have their permit revoked immediately and will not be entitled to reapply for a period of one (1) year from the date of the revocation. In the event of such forfeiture of permit, no part of such permit fee as may have been so paid shall be refunded to such person, and; B. Any person, firm or corporation violating any of the terms or provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed five hundred (500) dollars for each offense, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 1. In case of any willful violation of any of the terms and provisions of this ordinance, the City, in addition to imposing the penalties above provided, may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the 15 definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the City from invoking the civil remedies given it by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violations. 16 ORDINANCE 0-11-1792 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 70, PEDDLERS AND SOLICITORS, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS; PROVIDING FOR A PENALTY OF FINE IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council of the City of Colleyville, Texas has determined that it is in the best interest of the health, safety, and welfare of the citizens of Colleyville, Texas to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above findings are hereby found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 70 of the Code of Ordinances is hereby amended in its entirety and replaced with the attached Exhibit "A". Sec. 3. THAT All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Sec. 4. THAT if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 5. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. Ordinance 0-11-1792 Page 2 of 2 The second reading and public hearing being conducted on the day of 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" PEDDLERS AND SOLICITORS I. SOLICITATION GENERALLY The purpose of this ordinance is to secure the general health, safety and welfare for the residents of the City of Colleyville by: Prohibiting door-to-door solicitation at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; Regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; Regulating the manner in which any solicitation activity may occur to promote good order, protect citizens from aggressive and intimidating practices; and Requiring solicitors to obtain permits from the City to aid in crime detection and deter deceptive practices and fraud. II. DEFINITIONS A. The following words and phrases, when used in this ordinance, shall have the meanings ascribed to them by this section: 1. Charitable purpose shall mean philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. "Charitable purpose" shall not be construed to include any direct benefit to the individual making the commercial home solicitation, to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law. 2. Commercial home solicitation or soliciting means the solicitation at a residence through the attempt or act of asking, bartering, or communicating in any manner for the purpose of selling or offering to sell goods, services, or realty for a for-profit purpose which includes promoting, advertising, receiving or obtaining money, gifts or items of value for said individual or group of individuals, or for-profit organization, club, company, corporation. 3. Commercial home distribution or distribute means the door-to-door distribution of advertisements or handbills (other than through the United States mail). 4. Dusk means 30 minutes after sunset. 5. Handbill means and includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature. 6. Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers 1 distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills. 7. Handbill sponsor means and includes any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message. 8. Itinerant operations shall mean and refer to the conduct of business operations at one or more locations or properties throughout the day, provided that the mobile food vendor does not remain or linger at any particular property or location for longer than thirty (30) minutes. 9. Itinerant vendor shall mean any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. 10. Mobile frozen dairy food vendors shall mean any person who operates a vehicle on the streets of the City for the purposes of soliciting sales of frozen dairy food, either made or produced at the time of the sale, or prepackaged and wrapped in a covering. 11. Mobile ice cream truck is a mobile food unit that operates from a motor vehicle and sells only prepackaged, single-portion, ice cream or frozen confections. 12. Pedd/er shall mean any person traveling by foot, wagon, vehicle or any other type of conveyance from street to street carrying, conveying, or transporting goods, wares or merchandise and offering or exposing them for sale, or making sales and delivering articles to purchasers; or who, without traveling from place to place, exhibits, displays, sells, or offers for sale such products from a wagon, handcart, pushcart, motor vehicle, conveyance or from his person while on the public ways of the City of Colleyville. A peddler also includes any street vendor, itinerant vendor or transient vendor. 13. Public right-of-way for the purposes of this ordinance, a legally established area or strip of land, either public or private, on which an irrevocable rite of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Right-of-way also includes the travel portion of the roadway and all traffic medians. 14. Residentia/ street means a thoroughfare or public driveway, other than an alley, not on the City's Master Thoroughfare Plan, which has been dedicated or deeded to the public for general use and affords a principal means of vehicular or other access to property abutting thereon. 15. Temporary business means one that continues for forty-five (45) days or less; and, exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists more than forty-five (45) days shall be deemed to be a permanent occupancy and is required to obtain a certificate of occupancy from the building inspection department. 2 16. Transient vendor shall mean vendors who sell items for a limited time and have no permanent place of business at that location. Examples of places where transient vendor sales may take place are at fairs, bazaars, flea markets, art or craft shows, or concerts. III. COMMERCIAL HOME SOLICITATION AND COMMERCIAL HOME DISTRIBUTION A. COMMERCIAL SOLICITATION AND HANDBILL DISTRIBUTION ON PRIVATE PROPERTY 1. It shall be unlawful for any person to conduct commercial home solicitation or commercial home distribution upon residential property within the City without first obtaining a written permit as prescribed by this ordinance. 2. It shall be unlawful to approach any part of a residence other than the front door. 3. It shall be unlawful to solicit, peddle, or distribute on residential property prior to 9:00 AM or after 4:30 PM of any day Monday through Saturday, or any time on Sunday or any other federally designated holiday, or: a. On any day where the Department of Homeland Security has issued a formal alert regarding a specific or credible terrorist threat resulting in an imminent or elevated threat level, the Chief of Police may suspend any commercial home solicitation, commercial home distribution, or itinerant vendor activities until such time that the threat level is rescinded; b. This section shall not apply to a visit to the premises as a result of a request or invitation made by the occupant, invitation of the owner of the property or a person residing on the premises. 4. It shall be unlawful for any person, commercial handbill distributors, or commercial home solicitors to distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any residential property except: a. By handing or transmitting such handbill directly to the owner or occupant then present in or upon such private premises, or; 5. By placing or depositing the same in a manner to secure and prevent such handbill from being blown or drifting about such premises, except that mailboxes may not be used when prohibited by federal postal laws or regulations. 6. It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any residential property or to go upon any residential premises for the purpose of commercial home solicitation or commercial home distribution and ring the doorbell, knock upon the door or create any sound for the purpose of attracting the attention of the occupants of the residence if: a. Requested by anyone thereon not to do so, or b. If there is placed on such premises in a conspicuous place upon or near the main entrance to the residence, a weatherproof card, not less than -, ~ three (3) inches by four (4) inches in size bearing the words "no trespassing," "no peddlers," "no advertisements," "no solicitation," "no handbills," or any similar notice indicating in any manner that the occupants of such premises do not desire to have any such handbills left upon their premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height. 7. It shall be unlawful for any person to employ, use or otherwise put into service a child who is fifteen (15) years of age or less to engage in a commercial home solicitation or commercial home distribution unless the child is soliciting or distributing within 1,000 feet of the child's home or the child is actively supervised by an adult at least eighteen (18) years of age who is within one hundred (100) feet of the child or who has written consent from a parent of legal guardian for a charitable purpose. 8. No person shall leave any unsolicited pamphlet, unsolicited brochure, unsolicited flyer, unsolicited package or unsolicited printed advertisement at a residence at a place further than five (5) feet from the front door of the residence. B. DISPLAY OF IDENTIFICATION 1. The person(s) in charge of conducting commercial home solicitation or commercial home distribution shall ensure that all commercial home solicitors or commercial home distributors involved possess on their person photo identification, such as a valid drivers license or other valid governmental identification that correctly identifies whom the solicitor/distributor is and for whom the solicitor/distributor is working. 2. It shall be unlawful for any commercial home solicitors or commercial home distributors to fail or refuse to show or display such identification upon the request of any person. 3. It shall be unlawful for any commercial home solicitors or commercial home distributors to engage in commercial home solicitation or commercial home distribution without having a copy of the permit in their possession, except that where the person who will be peddling or soliciting is fifteen (15) years of age or less. a. Such person shall be supervised by a person who is over the age of eighteen (18) years of age and who shall obtain a license on behalf of the person to be supervised. 4. The permit holder must ensure that the permit is properly displayed while conducting peddling, commercial home solicitation or commercial home distribution activities. a. Properly displayed shall mean attached or hung so that the permit is clearly visible to the public and law enforcement officials. 5. It shall be unlawful for any person to conduct themselves as a commercial home distributor without wearing an orange traffic safety vest. 4 C. SOLICITATION IN SELECTED PUBLIC RIGHTS-OF-WAY 1. It shall be unlawful for any person to solicit or to distribute handbills on, in, upon, or around any City rights-of-way, with or without a permit. 2. Employees of the City of Colleyville are hereby exempt from the provisions of sub-section 1 above provided approval is first obtained from the city manager or their designee. D. SOLICITATION FOR PURPOSES NOT SET OUT IN THE APPLICATION 1. It shall be unlawful for any commercial home solicitor to solicit for a purpose other than that set out in the application upon which the permit was issued. IV. ITINERANT VENDORS A. REQUIREMENTS 1. It shall be unlawful to operate a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle in the City, and no person who owns or controls an ice cream truck or itinerant street vendor vehicle shall permit it to be so operated at any time, unless the driver of said vehicle shall have first obtained and shall then have in force an itinerant street vendor permit issued under the provisions of this ordinance. 2. All permits shall be for specific time periods, dates and locations. 3. Mobile frozen dairy vendors, mobile ice cream trucks, or other itinerant vendor vehicles are permitted to vend in an area for a short period of time and move to multiple other locations providing they do not remain at a location for more than thirty (30) minutes without specific approval as in the contained in the permit. 4. Sound equipment must be limited to music or human speech and can only be used between 11:00 a.m. and dusk each day. 5. Sound may not be broadcast within one hundred (100) yards of schools, hospitals, churches, courthouses, funeral homes, or cemeteries and shall meet all noise nuisance provisions contained in the Colleyville Code of Ordinances. Music must be played at a reasonably low volume while the unit is stopped for vending. If the unit is stopped for vending for more than ten (10) minutes, then music shall be turned off. 6. A sign or decal that is visible at all times with the business address and telephone number of the business permit holder printed on the side of the vehicle in letters of not less than two (2) inches in height. 7. Vehicles must be in good condition and have a current safety inspection sticker from Texas Department of Motor Vehicles 8. All itinerant vendors shall comply with all provisions of the Colleyville Land Development Code. Any itinerant vendor seeking to locate at a stationary point for more than thirty (30) minutes must also obtain a temporary use permit from the City of Colleyville Community Development Department. 5 B. SAFETY EQUIPMENT FOR ICE CREAM TRUCKS OR OTHER VEHICLES VENDING FOOD PRODUCTS TO CHILDREN 1. Signs stating "WATCH FOR CHILDREN" or "SLOW CHILDREN CROSSING" must be provided on the front, back and both sides of the vehicle in at least four inch letters of contrasting colors in distinctive lettering which is visible at three hundred (300) feet to the front and rear in normal sunlight upon a straight, level roadway or highway. Swing arms stating "Stop for Children" may be used as an option on the side of the vehicle in lieu of the signage with four inch lettering. 2. A serving window capable of being closed when not in use must be provided and located on the curbside only. 3. The vehicle must be provided with left and right outside rear view mirrors, as well as two additional outside wide-angle mirrors on the front and back of the vehicle to enable the driver in his normal seated position to see around the entire vehicle and see the area in front of the truck obscured by the hood. Rear mirrors shall not be required if the vehicle is equipped with a no ride bumper. 4. All vehicles must have operable four-way, yellow flashing hazard lights to warn approaching drivers of children. 5. A rear bumper cover or a no ride bumper must be installed to prevent children from standing or jumping on the rear of the vehicle. 6. A trash receptacle to dispose of all litter that is generated from products sold from the mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle. V. APPLICATION FOR PERMIT A. COMMERCIAL HOME SOLICITATION 1. A person or organization seeking a permit for the purpose of conducting home solicitation shall file an application with the Colleyville Police Department. The application shall contain the following information: a. The full and legally recognized names and any associated aliases, logo, nicknames, and abbreviated names of the entity or person applying for a permit to solicit; b. Whether the person applying is an individual, partnership, corporation or association, and: i. The business or residence address and telephone number of the applicant; ii. If a partnership, the names of all partners and the principal business address and telephone number of each partner; iii. If a corporation, the person applying shall state whether it is organized under the laws of this state, another state or is a foreign corporation, and must show the mailing address, business location, 6 telephone number, name of the individual in charge of such corporation, and, if a foreign corporation, the place of incorporation; iv. If an association, the application shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten (10) in number, in which case the application shall so state and the person registering may alternatively list the name and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association; v. If the association is a part of a multistate organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. c. The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation; d. The time period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion and the specific location(s); e. A description of the methods and means by which the solicitation is to be accomplished; f. The type of the merchandise to be sold or offered for sale or the nature of the services to be furnished; g. Whether such applicant, upon any such order so obtained, will demand, accept or receive payment or deposit of money in advance of final delivery; h. A statement whether the applicant has ever been: Convicted of or pleaded nolo contendere to any felony or to a misdemeanor involving fraud, theft, embezzlement, burglary, fraudulent conversion, or misappropriation of property within the preceding ten (10) years; ii. Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property or to obtain money or a thing of value from another; iii. Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices; or iv. Subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, 7 state, or local public agency, including an action affecting a vocational license; i. The names of any cities where the applicant has worked in the previous three hundred and sixty (360) days; j. Two full-face photographs of each applicant, two inches (2") square; k. A copy of a valid state tax sales certificate, if applicable; I. An authorization to conduct a criminal background check on the applicant; m. Any other information which the City deems necessary for the administration of this ordinance. 2. The application must be signed by the applicant and accompanied by a non- refundable application fee of $15.00 and a permit fee of $50.00, if approved. Such application shall also show satisfactory written proof of the individual's authority to represent the company. 3. Information provided by applicant will be subject to verification by the police department. 4. Failure to provide a complete and thorough application or falsification of any part of the application shall be grounds for the denial or revocation of a permit. 5. After review of the permit application and within ten (10) working days of the receipt of the application, the chief of police shall either issue a permit, as provided in this ordinance, or notify the person applying that the application does not comply with the requirements of this ordinance, specifying why the application is incomplete or otherwise does not comply. 6. If the applicant is fifteen (15) years of age or less, a copy of the parental consent form required by Section 51.0145 of the Texas Labor Code and the name, address, and telephone number of all persons who will be responsible for supervising the activities of the applicant must be provided. 7. A permit granted under this article shall be valid only until the termination of the solicitation period specified in the permit or for one hundred eighty (180) days, whichever is less, but may be renewed once for one hundred eighty (180) days, if made within the initial one hundred eighty-day (180) period of the original permit. Each applicant or representative for renewal must verify permit information as correct and file copies of sales tax returns for the prior license period. a. A permit renewal application shall be $25.00 if submitted within one hundred eighty (180) days of the original application. 8 B. COMMERCIAL HOME DISTRIBUTION 1. No person shall engage in a commercial home distribution without having a valid, current permit issued under the provisions of this ordinance by the chief of police. The application shall contain the following: a. The name, date of birth and mailing address of the person(s) applying; b. The name, mailing address and phone number of the handbill sponsor and company organizing the distribution of same; c. The time period and locations within which commercial home distributions will be made, including the proposed beginning date and the projected date of conclusion, and an estimate of how often the applicant will distribute during the permit period; d. A description of the methods and means by which the commercial home distributions will be accomplished; e. A description of the goods or services to be sold or offered through the distribution; f. If the applicant is fifteen (15) years of age or less, a copy of the parental consent form required by Section 51.0145 of the Texas Labor Code and the name, address, and telephone number of all persons who will be responsible for supervising the activities of the applicant must be provided; g. A statement whether the applicant has ever been: Convicted of or pleaded nolo contendere to any felony or to a misdemeanor involving fraud, theft, embezzlement, burglary, fraudulent conversion, or misappropriation of property within the preceding ten (10) years; ii. Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property or to obtain money or a thing of value from another; iii. Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices; or iv. Subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency, including an action affecting a vocational license; 2. It shall be unlawful for any person to file an application for a commercial home distribution permit that contains any false statement of fact. 9 3. The names of any cities where the applicant has worked in the previous three hundred and sixty (360) days. 4. The application for the permit must be signed by the applicant and accompanied by a non-refundable application fee $15.00 and a permit fee of $50.00, if approved. Such application shall also show satisfactory written proof of the individual's authority to represent the company. 5. It shall be unlawful for any person to engage in a commercial home distribution without carrying the permit required by this ordinance on his or her person while so engaged or to display a permit issued in the name of another person. 6. After review of the permit application and within ten (10) working days of the receipt of the application, the chief of police shall either issue a permit, as provided in this ordinance, or notify the person applying that the application does not comply with the requirements of this ordinance, specifying why the application is incomplete or otherwise does not comply. 7. A permit granted under this article shall be valid only until the termination of the solicitation period specified in the permit or for one hundred eighty (180) days, whichever is less, but may be renewed once for one hundred eighty (180) days, if made within the initial one hundred eighty-day (180) period of the original permit. Each applicant or representative for renewal must verify permit information as correct and file copies of sales tax returned for the prior license period. a. A permit renewal application shall be $25.00 if submitted within one hundred eighty (180) days of the original application. C. GROUP REGISTRATION (applies to Commercial Home Distribution permits only) 1. A person may apply for a group registration applicable to two (2) or more persons who desire to engage in commercial home distributions. 2. The registration application shall contain all of the information required above for each person who will be engaging in commercial home distributions under the group registration. 3. The application must be signed by a person responsible for the group application and shall be accompanied by a non-refundable application fee of $15.00 and a permit fee of $15.00 for each person to be included under the group application. 4. Provided that, if the applicant registers ten (10) or more persons under a group application, the permit fee shall be $10.00 per person. The applicant for group registration shall provide each person distributing under the applicant's registration an identification badge to be worn and displayed while the person is engaging in a commercial home distribution. D. ITINERANT VENDORS 1. Every driver or person desiring a permit to conduct sales activity in the City as a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor shall make a written application therefore to the chief of police. The 10 application shall be made on a form approved by the chief of police, accompanied by a non-refundable $15.00 application fee and a$50.00 permit fee if approved, and state the following: a. Name and business address and phone number of applicant; b. Name, address and phone number of the person, firm or corporation applicant is representing; the agent or service of process of a corporation and/or name and address of any owner of a business not incorporated and the assumed name of said business filed in the index in the county of its home office, for any business; c. Attached to the application shall be a certified original copy of sales tax permit issued by the comptroller of the state; d. Statement of the kind, type and character of solicitation and/or the goods that applicant will offer for sale, and state whether the purchaser of such wares or goods shall be required to make any deposit or advance payment of purchase price before delivery and a complete and full statement of the delivery date; e. The period of time the applicant wishes to sell or solicit in the City; f. Location or area of the City where sales activity will be conducted within the City; g. List of all convictions of all felonies and misdemeanors and violations of this article of applicant and representatives, stating the offense, City and state, the court of conviction and the punishment imposed; h. Name and phone number of three (3) character witnesses for applicant who can be contacted within forty-eight (48) hours; i. If sales are to be conducted from one (1) or more stationary locations the applicant shall submit written consent of the property owner or its authorized agent consenting to applicant's use of such private property for sales activity indicated in permit application; j. Names of each employee, agent, or representative for whom the applicant will sell, offer, exhibit or solicit orders for the sale of goods, wares or merchandise for or on behalf of the applicant; k. The name of all cities in which the applicant has conducted sales activity in the last three hundred sixty (360) days. 2. No itinerant street vendor vehicle driver's permit or ice cream truck driver's permit shall be granted unless: a. The applicant is at least eighteen (18) years of age, has a valid state issued driver's license; b. The applicant has no active suspension on his or her driving privileges in any state; 11 c. No permit shall be issued if the applicant has been convicted of any felony in the past five (5) years; d. No permit shall be issued if the felony conviction was for a sexual offense, an offense involving drugs, or the use of a firearm in the commission of the offense, or if it was a violent felony, regardless of when the felony occurred (there is no five-year limitation for these types of felony crimes). 3. Before a permit is issued by the chief of police, the applicant will be required to furnish a policy of liability insurance in the amount of $250,000 per incident. This policy must include a provision that the City will be notified within thirty (30) days if this policy of insurance is to be cancelled for any reason. a. Cancellation of an insurance policy for a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor shall be an automatic revocation of the permit issued to that mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor. b. Cancellation of an insurance policy for any company that operates any mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor shall be an automatic revocation of all City permits issued to all mobile ice cream trucks, mobile frozen dairy vendors, or other itinerant street vendors operated by that company. 4. Vehicles must be in good condition and have a current safety inspection sticker from Texas Department of Motor Vehicles. 5. Any itinerant vendor handling or selling non-prepackaged food must also possess a current Tarrant County Public Health Department Food Handler Card. Proof of an annual health department inspection shall be provided at the time of permit application. The inspection shall be performed by a registered sanitarian licensed in the State of Texas and employed with a county or city health department in the State of Texas. 6. When the application is approved, the mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor's permit shall be issued in card form. The photograph of the driver shall be attached to the card. a. Each driver will be given a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor permit number which will be on such permit. This card shall be posted in a prominent place in the mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle and shall be shown to any customer, police officer, or code enforcement officer upon request. b. A copy of the permit shall be posted in a mobile ice cream truck, mobile frozen dairy vendor, or other itinerant street vendor vehicle at all times. 7. A permit granted under this article shall be valid for one year - from between January 1 and December 31 regardless of the date of application. Each applicant 12 or representative for renewal must verify permit information as correct and file copies of sales tax returns for the prior permit period. VI. EXEMPTION FROM PERMIT FEES A. The permit fees shall not be required of: charitable solicitations, ordinary commercial travelers who sell or exhibit for sale goods, wares, or merchandise to persons selling and dealing in the same within the city, or individuals who file a statement with the police department indicating their indigent status. VII. INVESTIGATION OF THE APPLICANT A. In addition to all permit fees, each applicant for any type of permit in this ordinance shall pay a non-refundable fee of $15.00 to cover the cost of conducting a criminal background check on the applicant(s). B. It shall be the duty of the chief of police or his designee to investigate each applicant for a permit under this ordinance before issuance of such a permit based on a review of the applicant's background. VIII. ISSUANCE, DENIAL, REVOCATION A. The chief of police or his designee shall issue the applicant a commercial home solicitation, commercial home distribution, or itinerant vendor permit if the Chief determines that the application has been fully and accurately completed, the permit application fee has been paid, and that the applicant has satisfied each requirement of this ordinance. If not, the chief may deny the permit. B. A commercial home solicitation, commercial home distribution, or itinerant vendor permit may be revoked if the chief of police so determines that reasonable cause exists to believe that: 1. A statement of fact contained in the application was false or materially misleading; 2. The permit holder has failed to comply with any of the provisions of this ordinance; 3. Any of the conditions of this ordinance is or has become applicable to the permit holder; or 4. The permit holder has engaged in a commercial home solicitation or commercial home distribution that involves the use of false, misleading, fraudulent, or deceptive acts. C. The chief of police or his designee shall provide notice of the revocation by certified mail, personal service, or courier-receipted commercial delivery sent to the address provided on the permit holder's application. D. The permit holder may appeal the denial or revocation of a permit to the chief of police by filing a written notice of appeal with the chief of police within ten (10) business days of delivery of notice of the denial or revocation. The chief of police shall render a decision on the appeal within five (5) business days of the date of the receipt of the 13 appeal. The decision of the chief of police shall be final. A revocation shall remain in effect for a period of one (1) year, during which time the permit holder may not be issued another commercial home solicitation, commercial home distribution, or itinerant vendor perm it. E. It shall be the duty of the chief of police or his designee to issue or refuse to issue a permit under this ordinance not later than thirty (30) business days from the time the application is received by the police department. IX. EXEMPTIONS TO PERMITTING REQUIREMENTS A. The following shall be exempt from the permitting requirements of this ordinance: 1. Religious organizations exclusively for the distribution of literature and other items for the purpose of proselytizing, provided that no fees are charged and no donations are solicited; 2. Anonymous political speech; 3. Charitable purpose; 4. The provisions of this ordinance shall not apply to sales made under authority and by order of law, nor to persons, or their authorized representatives, who have previously established with the owners or occupants of such private residences or property a regular business, trade, service or other contractual relationship; 5. Any operation which is exempted by state or federal statute from this ordinance is exempt only to the extent of such applicable exemption; 6. Any person claiming to be legally exempt from the provisions of this ordinance, including the payment of the permit or investigation fee shall make such a claim in writing to the chief of police citing the applicable statute or authority, and providing proof of its applicability. X. PENALTIES A. Any person violating any provision of this ordinance or failing to observe any provisions of this ordinance shall have their permit revoked immediately and will not be entitled to reapply for a period of one (1) year from the date of the revocation. In the event of such forfeiture of permit, no part of such permit fee as may have been so paid shall be refunded to such person, and; B. Any person, firm or corporation violating any of the terms or provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed $500 for each offense, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 1. In case of any willful violation of any of the terms and provisions of this ordinance, the City, in addition to imposing the penalties above provided, may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the 14 City from invoking the civil remedies given it by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violations. 15 File Number: R-11-3335 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3335 File Type: Resolution Status: Resolution Version: 1 Requester: Community Development Department Agenda Date: 03/01/2011 Agenda No.: 6a Controlling Body: City Council Final Action: File Name: Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Tract 3C1, Abstract 963 of the A.J. Lott Survey, located at 6607 Colleyville Boulevard, Case GC11-001 Attachments: Location and Zoning Map • Notification List • Applicant's Request to Appeal to City Council • Variance or Appeal Application • Sign Exhibit • Photos Provided by Applicant • Sign Location Map • A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2011 • Resolution R-11-3335 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Tract 3C1, Abstract 963 of the A.J. Lott Survey, located at 6607 Colleyville Boulevard, Case GC11-001 Explanation Reading and Public Hearing On February 8, 2011, the Sign Board of Appeals denied a variance request submitted by Lynn Bural regarding a monument sign that is proposed to be located at 6607 Colleyville Boulevard. The variance request is to allow a height of 12 feet instead of the maximum allowed eight feet. Section 1.15(H) of the Land Development Code provides the authority of the City Council to consider the applicant's appeal request. The following is an excerpt of the applicable language from the Land Development Code: Appeal to City Council - The decision by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. City of Colleyville Page 1 Printed on 2/25/2011 Aaenda Briefinp Continued (R-11-33351 The following is the specific provision in the Land Development Code regarding these types of signs: Section 7-150(A)4(c) of Chapter 7- Sign Regulations c. Maximum Height: Eight feet (8'). Section 1.15(E) of the Land Development Code specifies the discretionary authority of the Sign Board of Appeals as follows: "In considering a request for a variance, the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City." With regard to hardships, Section 1.16E(10) of the Land Development Code frames a hardship as a situation "where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land, which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district". Applicant's Request. The applicant is requesting the variance because they state that cars parked in front of the building would block the view of the sign from SH 26. Therefore, the increased height would allow potential patrons to more adequately view the sign from SH26. Existing Conditions. The property is currently developed as La De Da Pet Spa. Currently, an incomplete base for the proposed monument sign exists on the subject property. The Sign Board of Appeals approved the sign setback variance request on September 14, 2010 allowing the sign to be located one foot from the front property line with the side setback requirement waived in its entirety. Attached to the briefing is a summary of all City Council actions relative to applicant appeals to decisions of the Sign Board of Appeals since 2006. Public Notification. Staff mailed notices to 10 property owners within 200 feet of the site. Staff has received no written response regarding the variance request. Sign Board of Appeals Recommendation. The Sign Board of Appeals recommended denial of the request at the February 8, 2011 meeting, by a vote of 3-2. Summary. Staffs analysis concludes there are no hardships or special conditions that City of Colleyville Page 2 Printed on 2/25/2011 Apenda Briefinp Continued (R-11-33351 exist, which warrant exceptions to the sign regulations. Financial Impact There is no financial impact to the City. Recommendation Denial City of Colleyville Page 3 Printed on 2/25/2011 Location and Zoning Map I~ 13 16~9 ~$~Q4 ML ~~~~ 6~~d ~,, CC1 ~~~ ~663p r' ~~~~ ML ~, G PUDC ~~~~ ~s ~~~~ ' fi515 cN ~ 17D0 ~ 70~ ~ 7~6 '~ 8~P~6 ~' ~513 ii i~ . ~ ~~ I ~~~ ~ ~~~ ~ cc2 67~]7 ~a~~ ~~~~ ~~i ~ ~ ~~~~ ~~ ~ ~ ~~ ~~ ~6~~9 ~ ~ ~ ~~I-~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bear Creek Furniture Llc 6800 Collyville Blvd Colleyville TX 76034 006800 Colleyville Blvd Hart, Neil Etux Sherrie 1600 Glade Rd Colleyville TX 76034 006525 Colleyville Blvd Colleyville Area Chm Commerce 6700 Collyville Blvd Colleyville TX 76034 006700 Colleyville Blvd 3 J Green Limited Partnership 6620 Collyville Blvd Ste 100 Colleyville TX 76034 006630 Colleyville Blvd Sun Valley Properties 5301 Sun Valley Dr Fort Worth TX 76119 006611 Colleyville Blvd Schwob Investments Ltd 717 Red Ridge Rd Durango CO 81301 006525 Colleyville Blvd Wilson, Kathy 211 Meadowlark Ln Duncanville TX 75137 006609 Colleyville Blvd Wilson, Kathy 211 Meadowlark Ln Duncanville TX 75137 006609 Colleyville Blvd Combined Enterprises Inc 6607 Colleyville Blvd Colleyville TX 76034 006607 Colleyville Blvd Mooney,Antionetta 404 Oak Valley Dr Colleyville TX 76034 006605 Colleyville Blvd Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 006515 Colleyville Blvd Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 001700 Tarrant Ln Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 001704 Tarrant Ln Lynn Bural, applicant 5115 Colleyville Blvd. Suite 100 Colleyville TX 76034 applicant Public hearing notices were mailed on Jan. 25, 2011 by Amy Shelley Applicant's Request to Appeal to City Council From: Lynn Sent: Wednesday, February 09, 2011 10:37 AM To: Subject: RE: 6747 Colleyviile Blvd Variance Case # 2 is for sure but waiting on client to apprt~ve #1. Framc Ron Ruthven ~ent: Wednesday, February 09, 2011 10;35 AM To~: Cc: Amy Shelley Subject: RE: 6707 Colleyville Blvd Variance ~ynn, just to ciarify for the record, yau are requesting an appeal to the faNawing Sign Board of Appeals cases: 1. Case SC10-008 - PUBI.IC NEARING - Request for a variance from the sign regulation~ for a monument sign on Lot 1, Black 1 of the Tuscany Addition located at 58S£~ Colleyville Boulevard 2. Case SC11-~~1- PUBLiC HEARING - Appeaval of a request for a variance from the si~n regulations regardin~ sign height on Tract 3C1, Abstract 9~3 of the A.J. Lott Survey located at 66{}7 Colleyui~le Boulevard Please confirm and we'll go ahead and pracess the appeals. lton Ruthv~~n~ i~T{:P Inte.cim I~ee~lo~ment ~nd L'uL~liC Lfi?c~rk, F~iaecxox ('it~~ csf Collt.v~~ille $ l "'-S(}3-1 t352 fax 81i-503-105) w~vw.cc~llewill~.com 1X`e vaEue fntPqr`ifY ",S'e~tlice 4 Irrt;ovatrarr From: Lynn Sent: Wednesday, February 09, 2011 lf}.15 AM To: Ron Ruthven Cc: Amy Shelley Subject: ~707 Colleyville Blvd Variance Please consider this as a request for app~al as soon as possible. ~.ynn Bural Tx license ESCL #182~3 All Star Signs & CNC Rauting 5115 Colleyvi{le Blvd. Suite 100 Colleyville, Tx 7f(l34 $17-488-~i301 Fax 817-704-Z413 G~L~~~~ ~ VARIANCE C~R ApPEAL APPLI~ATION City ofCc~lleyville li~Q Main Street Colleyville T7C 76034 S 17.5U3.1450 . ~ w. , * Please answer the fo~lowing questions as completely as possible. Failure to r~u#line fufty the situa#ion by ~nswering these ques#ions eould cause unnecessary delay in evaluating your appeat. Additional pages may be attached if necessary. H~ve y4u applied for a building permik? ~es CM Nc~ Have you filed an appeal or p~tition ort this property before? ^ No t~l'`fes ~i. Com letel describe #he variance ou ~re r uestin ~ + , P Y Y ~1 9 • ~,~.-` v`~ ~. ~l ~1 __._ __ ..~~Y? ~___~~ ~~~ '~"~j # ~ -. „ 1,~ 1 -f~~~~~f~~__ , ] ]~~ . ~ ~ _ 1 _ - ~._. 4 ~' _.~ ~~` ~.._~'~~`i ~` "1~~..__-t~~ ~r~ ~~_~. ~.~ .._5.c d ~ I~ __ _mi ~~"'1_._..___. ` ___a~~ ~tL.~--i--~^--~--~- ~ ~/~ ~ ..~.~~~~..~~:~ ~.~~ _~___ ~_______._.____.__ ___~__~_~_________ _~___.__~ _.___.e_____._ ___ __ ~ 2. Da simi{ar canditions exist in the area? Explain.a~- `~~~ -~~.-.--~~~~~~- -- j~ ~-. ~~ X -_____~ ---- ~ ~. Describe how the unique ~anditivns or circumstances dt~ not r~sult from yc~ur actic~ns. _~~,~-i[~~~-_~'~ _. ~ _~,? ~..~.~~~~~_.~~ ~_ ° ._~'''~.,~"~ ~~~~~ _'~~ __~ iC ~ ~ ~ ~ _~..~?' _`~`_ 1~~2 ~ ~ ~ ~ , ~ ,. ~ ~ r ~ ~ ~~c..:~, ~~~~-~--~.~. ~-~_G+~.~.-t.~-~'-.:=~-.~~- ~ _m_~._.~~_____ ~ ~ ~ ~..~_..~!~..~._~~.t~~ . _ ~ - ----______...~_.____..______T...~____~~___.____________...~__.__; _ - - 4. Is there any vsray tc~ do what yau want without this request? _.~._~''~_ ~~ __ ____~.__ _______.___.____._.~~ -_..._ ._____ .~...._._._.~e__J._ _ ~ .______.._...._.__._ _ Ackn+owledgments 1 cefify that the abave infarmation is correct and complete to the best of my knowledg~ and ability and tha# I am now csr wilt be fully prepared ta present the above praposal at th~ Zoning Board c~f Adjustment hearing. 1 understand #hai in the event that I am not present or represented at the public hearing, the Board shait have the power to dismiss this proposal either at the call of the case oc after the hearing, and that such dismissal shall constitute ~ denial. I reserv~ the right to withdraw this prop4sal at any time upon written request filed with the Community Development Departmer~t, and such withdrawal shall immediately stop ail prcyceedings. 1 understand the filing f~e is not refundable upc~n withdrawal of the praposal after public notice. I understar~d that if the request i~ apprflved, I must obtain a building permi# from ths City befc~re any wark is started c~n the properky, and that the Board's actic~n does not constitut~ the appraval af a buildin~ permit. ApplicanYs initials Qate 13 Sign Exhibit i ~+~i ~~ii 1 ~~f ~' 18" Photos Provided by Applicant ~~---~ _ `~- ~ - ~ ~ ~! ~~~!! ~ 4., ~' _ . , ~' - _ ~: a_ _ . ~~ .. -- - :_ ~.:y~ ,~'~~; Sign Location Map ~: ~ -1~ s I nr_ s~1 ~~ ~ *- ~ A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2011 Date Variance Location Business Name Council Resolution Number Request(s) Action Reduction of front setbacl< Appeal March 21, 2006 609 Cheel< Sparger Road Edward Jones R-06-2680 requirement to 0 Approved feet Allow a scrolling Appeal October 2, 2007 electronic message 3951 Brown Trail Siem Chiropractic R-07-2891 Denied board (1) Reduction of side setbacl<to 10 feet (2)Increase Appeal February 5, 2008 maximum area to 4400 Colleyville Boulevard Animal America Approved R-08-2941 132feet (3)Increase maximum height to 12 feet Allow a electronic Appeal December 2, 2008 message to change 6114 Colleyville Boulevard Total Eye Care R-08-3036 Approved every 10seconds Allow an off- Appeal December 16, 2008 1212 West Murphy Road Toll Brothers R-08-3042 premise sign Approved Allow a electronic Appeal October 19, 2010 message to change 5203 Heritage Avenue Dr. True R-10-3279 every 10seconds Approved RESOLUTION R-11-3335 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR TRACT 3C1, ABSTRACT 963, A.J. LOTT SURVEY LOCATED AT 6607 COLLEYVILLE BOULEVARD WHEREAS, Section 1.15, Waivers and Appeals - Sign Board of Appeals of the Land Development Code, authorizes the City Council to grant a waiver to the Sign Board of Appeals decision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Lynn Bural, for a variance from Section 7-150(A)4(c) - Sign Regulations of the Land Development Code is hereby approved subject to the following condition: The proposed monument sign shall not exceed twelve (12) feet in height. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor File Number: R-11-3336 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3336 File Type: Resolution Status: Resolution Version: 1 Requester: Community Development Department Agenda Date: 03/01/2011 Agenda No.: 6b Controlling Body: City Council Final Action: File Name: Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Lot 1, Block 1 of the Tuscany Addition, located at 5850 Colleyville Boulevard, Case GC11-002 Attachments: Location and Zoning Map • Notification List • Variance or Appeal Application • Applicant's Request to Appeal to City Council • Sign Exhibit • Sign Placement Exhibit • A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2011 • Resolution R-11-3336 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Lot 1, Block 1 of the Tuscany Addition, located at 5850 Colleyville Boulevard, Case GC11-002 Explanation Reading and Public Hearing On February 8, 2011, the Sign Board of Appeals denied a variance request submitted by Lynn Bural regarding a monument sign that is proposed to be located at 5850 Colleyville Boulevard. The variance request sought is to allow a one foot setback from the front property line. Section 1.15(H) of the Land Development Code provides the authority of the City Council to consider the applicant's appeal request. The following is an excerpt of the applicable language from the Land Development Code: Appeal to Citv Council - The decision by the Sign Board of Appea/s shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement officia/ shall re-notify all properfy owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next availab/e agenda for consideration by the City Council. City of Colleyville Page 1 Printed on 2/25/2011 Aaenda Briefinp Continued (R-11-33361 The following is the specific provision in the Land Development Code regarding these types of signs: Section 7-150(A)4(d) of the Land Development Code requires that any monument sign must be located a minimum of eight feet from an abutting street right-of-way. The proposed sign would not meet the required eight foot front yard setback along Tuscany Drive. The applicant is requesting a one foot setback from the front property line. Additionally, Section 7-150(A)4(b)ii requires a minimum masonry column and base width of 18 inches. The proposed sign would not meet the minimum masonry column and base width requirement of 18 inches. The proposed sign would be five feet wide and six feet tall, with 8 inch masonry columns and a 16 inch masonry base. Section 1.15(E) of the Land Development Code specifies the discretionary authority of the Sign Board of Appeals as follows: "In considering a request for a variance, the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City." With regard to hardships, Section 1.16E(10) of the Land Development Code hardship as a situation "where the literal enforcement of the provisions of this would result in an unnecessary hardship, and where such variance is necessary to specific parcel of land, which differs from other parcels of land in the same district of such restricted area, shape or slope that it cannot be developed in commensurate with the development permitted upon other parcels of land in district. A modification of the standards established by this ordinance shall not to relieve a self-created or personal hardship, nor for financial reason only, nor modification be granted to permit any person a privilege in developing a parcel permitted by this ordinance to other parcels of land in the district". Existing Conditions. The property is currently developed as an office building. frames a ordinance permit a by being a manner the same be granted shall such of land not Attached to the briefing is a summary of all City Council actions to applicant appeals to decisions of the Sign Board of Appeals since 2006. Public Notification. Staff mailed notices to 12 property owners within 200 feet of the site. Staff has received no written response regarding the variance request. Sign Board of Appeals Recommendation. The Sign Board of Appeals recommended denial of the request at the February 8, 2011 meeting, by a vote of 3-2. Summary. Staff's analysis concludes there are no hardships or special conditions that exist, which warrant exceptions to the sign regulations. Financial Impact There is no financial impact to the City. City of Colleyville Page 2 Printed on 2/25/2011 Aaenda Briefinp Continued (R-11-33361 Recommendation Denial City of Colleyville Page 3 Printed on 2/25/2011 Location and Zoning Map _ ; , ~ ~- -- ~_ ~~;` ~C1~4 ~w~f07 ~ ~;~~la ~': ~ 1 "~ ~i~(}f~ _ - ~ ,`' ~ R20 ~, - - y _ F~12 ;G0~1 I S~+~Jh h`~~~0~~ 5ci l~ ~ CC1 ~2~,~C]13 `~, ', I~; Site ~$~a~# ~~ 5_j~~~~~ ~~o~ ~~ ~ ~ ~o~ _ ~ - _, ,,-~,1 PUDR ~ _"-~~ r I wf ~ ~ ~ ~ ~~ r ~ T r F~ T Y' ~~ ` ~ I ~. ~ PUDC G~}~7 CC2 , AG AG I '~> f t'~ ` \ 572~ ~8[~~Q Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bluebonnet Hills Cemetery PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Pro Co Paint And Body Inc PO Box 206 Colleyville TX 76034 005900 Colleyville Blvd Shaffer, Darla & Kelli Trudel 16238 E Oal<wood Dr Aurora CO 80016 006009 Milan Ct Brake, Brandon R Etux Julie A 6005 Milan Ct Colleyville TX 76034 006005 Milan Ct Vista Point Investment Llc 14223 Emmeline Dr Herriman UT 84096 006004 Milan Ct Tuscany Colleyville Hoa Incn PO Box 271073 Flower Mound TX 75027 001320 Tuscany Dr Tuscany Colleyville Hoa Inc PO Box 271073 Flower Mound TX 75027 001300 Tuscany Dr Bluebonnet Hills Memorial PI< PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Hwc Tuscany Colleyville Ltd 3400 Glade Rd Colleyville TX 76034 001328 Tuscany Dr Hwc Tuscany Colleyville Ltd 3400 Glade Rd Colleyville TX 76034 001324 Tuscany Dr Gauntt Properties Llc 5850 Collyville Blvd Colleyville TX 76034 005850 Colleyville Blvd Costello, Mil<e Etux Julie 1317 Tuscany Dr Colleyville TX 76034 001317 Tuscany Dr Nguyen, Tho Etux Xuan 1313 Tuscany Dr Colleyville TX 76034 001313 Tuscany Dr Lee, Seoung H 1309 Tuscany Dr Colleyville TX 76034 001309 Tuscany Dr Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 000000 Colleyville Blvd Lynn Bural, applicant 5115 Colleyville Blvd. Colleyville TX 76034 applicant Public hearing notices mailed by Amy Shelley on Thursday, December 23, 2010 ~ ~it}' pf ~O~IC~V11~0 Ct7LI~E5~'~ILLE VARIANCE C}R APPE~,,~ APPLICATIC}N 1Q0 Mar'n Street T~ Calleyville T'X 76034 $ i 7.503. i ~SQ - ~ ~- ~ • Piease answer #he follawing questions as completely as possible. Failur~ to outline fully the situation by answering #hese questions cauld cause unnecessary delay in evaluating y~ur appeal. Add~tianal pages rnray be attached if nece~sary. Have you applied for a buiiding permit`? ~ ^ No Have you filed an appeal or pekition on this property before? i~~'TVo 0 Yes ~~,s~,f ,~~f ~ L~ ~.,_ , ~, * ~ 'I. Completely desc~ibe the vanance yau are requestin9- -~ _~ ..__ ~ ~ { _ __.._.__ ~l7~~ ~ _____ _______ _.~_____ _.____~~ ._~ _ _._~...mm_._.._.___ _~-._____ ~~~~~~----___ ~ ~,,~,.~ ~ ~~:. ~„~;~ ~...~~~'"~` _____~`~~~__ -~~___~---.-:::;~'-.~.:,~ __.___... ~~_____ ~ __..__~.__ ~ t ~,"" f ~ ' .~ _~ ~ti '~ __ _____,~'' ___.~.._ . d_ ________. ______ _ ~__~ ~._...~.___ 2. Do simi~ar conditions exist in the area? Explain. ~. ~_ _.~~~_. .~~ ~~. ~ _~ ..__~~_- .._ __.___ _____.~ ____ ~ ____,._ 3. Describe hctw the unique conditions gr circumstances do not result fram yaur actictns. _ ~~__~.,1~ ~__~ _.S ~~ ~- __~? tr~ ~ 7`/'._r~ ~r~ ,~ ...~~ ~~-~-'_~_ ~'z~,~' '`~ f't~°' ~,t~~ w_.~ 4. Is there any way to do what yau want without this request'? a~~±~,! _4"'''_~__~______ _____.._---_. _.___~.~.___~._ ~ Acknowfedgments 1 certify that the above inforrnation is correct and complete to the best af my knowledge and abili#y and that I am now or wi~t iae fully prepared to present the above proposal at th~ Zaning Board t~f Adjustment hearing. 1 understand #hat in the svent that I am not present or represented at the public hearing, the Baard shall Ftave the power to dismiss this proposal either at the call of the case ar after the hearing, and that such dismissal shall constitute a denial, I reserve the right tc~ withdraw this proposal at any time upon written request filed with the Community Developcnent Qepartment, and such withdrawal shall immediateiy s#op all proceedings. 1 understand the filing fee is not refundable upr~n withdrawal of the propc~sal after public notice. I understand that if the request is approved, 1 musk r~btain a building permit frc~m the City before any work is starked on th~ prope~ty, and that the B ard's actio~ does not constitute the approval af a building permit. ApplicanYs Initials L7ate ~ ~. .-- f ~„~ ~_~~ ----~- I~ Arny Shelley Applicant's Request to Appeal to City Council aubject: FW: fi707 Colleyvilie Blvd Variance From: Cynn Sent: Wednesday, February 15, ~Ciii 2:42 PM To: Amy Shelley Cc: Ron Ruthven Sub-ject: RE: 67{~7 Colieyville Blud Vari~nce Steward financial said go ahead far appeal From: Ron Ruthven Sent: Wednesday, February 09, 2011 1{1:35 AM Tt3: Cc: Amy Shelley Subj+ect: RE: 6707 Colleyville Blvd Variance ~ynn, just to clarify for the record, you are requesting an appeal to the following Sign Board of Appeals cases: 1, Case SC1C}-OQ8 - PUBUC HEARING - Request for a vari~nce from the sign regulations fflr a monument sign on Lot 1, Block 1 of the 7uscany Addition located at 585U Colleyville Boulevard 2. Case SC11-0(}1- PUBLIC HEARING - Approval ~f a request for a variance from the sign regulations regarding sign height on Tr~ct 3C1, Abstract 963 of the A.J. Lott Survey Ic~cated at 6607 Colleyville Boulevard Please confirm and we'll go ahead and process the appeals. Rrni Ri~tltven, llIt~l' InYerin~ I~euelc~ptnc~~t ;~~acl R~l~lic IX~'~ax~lt; T~irer.i<ra~ Cit~ c>f C~lley~cill~: 81?-503-1052 f:zx 817-503-1~1S9 u}ww. cc~Ilevt>ille. com 4~v'z: valnc Irt~e~rzt~ ~ Seazrte ~ Innu~~a~`~rr~r Frc~m: Cynn Sent: Wednesday, February 09, 2{721 10:15 AM To: Ron Ruthven Cc: Amy Shelley Subject: ~707 Cc~lleyville Blvd Variance Please consider this as a request for appeal as soon as possible. ~ynn Burat Tx license ESCL #1~3283 Al) Star Signs & CNC Routing 5115 Colleyville Blvd. Suite 100 Colleyville, Tx 76034 ~17-4$$-6301 Fax 817-704-2413 ~~ ~~ ~ ^ enin ~~ ~ ~ ~ m x ~ s rr Sign Placement Exhibit - , ~, .,, ~ - « _ _ - __ _ _ Sign _ :,~~°°'~''• ,~, . A r Placement :~~ 1' from side property line ' ~ -~- ,a~ ~ ~ ~ ~ __ - ~ ~ ~ ~ 7~ ~ eS l ~~ ~ ~ _ I+ ~ ~ p I ~ Y~ 1 I ~ :+~ { ~ ~41~ `+ ~~ ~~~ ~ ;}~ d _ __ l~r1 , . ~ ~5 . ~ ~ r ~y Y ~ ~ ~ f Tuscany Drive ~ ~ --.,~ ~~ ~~~ f~ * ~" ~ f ~i ~ ~ ~ ' ~ r. ~ ~~ _. y ~ FI ~I F ~: JI ~ , Ey ~ ~ , 4}Y ~ 4 n ~ -, t~~ ~ # ~ ! ~ `,~ _ ' ~- ~ ~ - , ~ ~~ - ~; j _'~_ ~ ~ ~+rr . ~.~~ ~ ~- r ~r' J~! . ~:' ~'~ f ` ~ ~ +, ~ : Colleyville ~. ' ~~ ~ Blvd. ~` ~ ~~ k ~ _ ~ ~f'!~ T 11 ~ ~ jjj~ ^ f ~ ~ { ~ -d~ 7~ ~'~~}.~; ' ~4 S ~~ I , # ~'-~ ~ ~ .'~ ~ r~~~~ ~,:~M1i • °.~ { , ~,~~~,a~ . . ; R I' ~' ~~ -•-~ n ~ ~- ' ~ _ ~ ~~y~ . , 1~'~+...~ i i~2'9i~~~• 1 ~ Stl~ ~~ ~ A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2011 Date Variance Location Business Name Council Resolution Number Request(s) Action Reduction of front setbacl< Appeal March 21, 2006 609 Cheel< Sparger Road Edward Jones R-06-2680 requirement to 0 Approved feet Allow a scrolling Appeal October 2, 2007 electronic message 3951 Brown Trail Siem Chiropractic R-07-2891 Denied board (1) Reduction of side setbacl<to 10 feet (2)Increase Appeal February 5, 2008 maximum area to 4400 Colleyville Boulevard Animal America Approved R-08-2941 132feet (3)Increase maximum height to 12 feet Allow a electronic Appeal December 2, 2008 message to change 6114 Colleyville Boulevard Total Eye Care R-08-3036 Approved every 10seconds Allow an off- Appeal December 16, 2008 1212 West Murphy Road Toll Brothers R-08-3042 premise sign Approved Allow a electronic Appeal October 19, 2010 message to change 5203 Heritage Avenue Dr. True R-10-3279 every 10seconds Approved RESOLUTION R-11-3336 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR LOT 1, BLOCK 1, OF THE TUSCANY ADDITION LOCATED AT 5850 COLLEYVILLE BOULEVARD WHEREAS, Section 1.15, Waivers and Appeals - Sign Board of Appeals of the Land Development Code, authorizes the City Council to grant a waiver to the Sign Board of Appeals decision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Lynn Bural, for a variance from Section 7-150(A)4(D) and Section 7-150(A)4(b)ii- Sign Regulations of the Land Development Code is hereby approved subject to the following condition: The proposed monument sign shall not be placed closer than one foot from the front property line and shall have no less than eight inch (8") masonry columns and a 16 inch masonry base. AND IT IS SO RESOLVED. PASSED 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 File Number: R-11-3337 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3337 Version: 1 Status: Resolution File Type: Resolution Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 6c Final Action: Secretary File Name: Consideration of appointment of an ex-officio member to the Colleyville Library Board Attachments: Colleyville Library Board roster.pdf • Steve Johnson Email dated February 9 2011.pdf • Resolution R-11-3337.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Consideration of appointment of an ex-officio member to the Colleyville Library Board Explanation Reading and Public Hearing Ordinance 0-04-1466 provides for City Council, if it deems it desirable, to appoint ex-officio members to the Colleyville Library Board on an annual basis and for a one-year term. Vacancies on the Board are to be filled by appointment by the City Council for the length of the unexpired term. The President of the Colleyville Area Chamber of Commerce serves as an ex-officio member of the Board. On February 9, 2011, Mr. Steve Johnson notified the City that he is the President of the Colleyville Area Chamber of Commerce, and requested City Council's consideration for appointment to the Colleyville Library Board as the Chamber representative. This item provides for City Council consideration of the appointment of Mr. Steve Johnson as a Colleyville Library Board ex-officio member for an unexpired term of September 2011. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 2/25/2011 Library Board PLACE 1 PLACE 2 Pat D. Jones Karen Birkes 102 Van Buren Court 1301 Ashford Court Colleyville, TX 76034 Colleyville, TX 76034 H: (817) 281-6807 H: (817) 498-7331 patlones102(a~qmail.com kbirkes(a~sbcqlobal.net TERM:Sep 2009 - Sep 2011 TERM:Sep 2010 - Sep 2012 PLACE 3 PLACE 4 Thad Bolline Jerome Davis 3013 Sherwood Lane 1704 Avalon Colleyville, TX 76034 Colleyville, TX 76034 H: (817) 685-8864 H: (817) 571-2153 bollini-publicCa~tx.rr.com ler davCa~sbcqlobal.net TERM:Sep 2009 - Sep 2011 TERM:Sep 2010 - Sep 2012 PLACE 5 PLACE 6 Billie Tuttle Mary Alice Rippe 202 Madison Square 5305 Maple Lane Colleyville, TX 76034 Colleyville, TX 76034 H: (817) 991-1170 H: (817) 571-4986 tuttlebob(a~sbcqlobal. net macri ppe(a~tx. rr. com TERM:Sep 2009 - Sep 2011 TERM:Sep 2010 - Sep 2012 PLACE 7 ALTERNATE 1 Charna Logan-Gray Linda Bond 3300 Pembrooke Parkway South 4005 Bowden Hill Lane Colleyville, TX 76034 Colleyville, TX 76034 W: (817) 996--9217 H: (817) 318-5007 H: (817) 318-8229 Roborealtora(~sbcqlobal.net charnaCa~charnaloqan.com TERM:Sep 2009 - Sep 2011 TERM:Sep 2010 - Sep 2012 ALTERNATE 2 EX-OFFICIO Amy Dowell Steve Banta 1816 Avondale Drive 6316 Regiment Place Colleyville, TX 76034 Colleyville, TX 76034 W: (817) 656-6213 H: (817) 906-2508 H: (817) 358-0499 TERM:Sep 2010 - Sep 2011 amydowell(cr~mac.com TERM:Sep 2009 - Sep 2011 EX-OFFICIO EX-OFFICIO Dr. Larry Darlage David Kelly 828 Harwood Road 905 Inwood Lane Hurst, TX 76054 Colleyville, TX 76034 darlaqeCa~iuno.com H: (817) 656-1862 TERM:Sep 2010 - Sep 2011 dkellvCa~collevville.com TERM:Sep 2010 - Sep 2011 2/17/2011 Library Board EX-OFFICIO Cecilia Monacelli 2504 Meandering Court Colleyville, TX 76034 H:(817)571-6210 cecilia(a~monacelli.net TERM:Sep 2010 - Sep 2011 EX-OFFICIO Jesse Rodriguez 3051 I ra E Woods Grapevine, TX 76051 lesse. rodriquez(a)qcisd. net TERM:Sep 2010 - Sep 2011 EX-OFFICIO Vicki Smith 3407 Fox Glen Colleyville, TX 76034 H: (817) 685-6356 TERM:Jun 2010 - Jun 2011 EX-OFFICIO VACANT TERM:Sep 2010 - Sep 2011 2/17/2011 Cynthia Singleton From: Steve Johnson jmailto:sjohnson@colleyvillechamber.orgl Sent: Wednesday, February 09, 2011 3:13 PM To: Mary Rodne Subject: Colleyville Library Board Mary, It has come to my understanding that the Colleyville Area Chamber has a seat on the Library Board. I believe you have Mary Smith, our past President as the representative to the board. Ms, Smith is no longer an employee of the chamber and I would be honored if you would allow me to join your board as the representative of the chamber. Please let me know if this is possible and what you would need from me to make this happen. Sincerely Steve Johnson President Colleyville Chamber of Commerce 817.488.7148 Office / 817.488.4242 Fax SJohnsonCa)_ColleyvilleChamber.org www.CollevvilleChamber RESOLUTION R-11-3337 A RESOLUTION APPOINTING AN EX-OFFICIO MEMBER TO THE COLLEYVILLE LIBRARY BOARD WHEREAS, a Colleyville Library Board ex-officio position, representing the Colleyville Area Chamber of Commerce, has become vacant; and WHEREAS, Ordinance 0-01-1282 provides for City Council, if it deems it desirable, to appoint ex-officio members to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following person is hereby appointed to fill the unexpired term of a Colleyville Library Board ex-officio position, representing the Colleyville Area Chamber of Commerce, and serve until September 2011: AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville Agenda Briefing File Number: R-11-3338 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3338 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 03/01/2011 Controlling Body: City Council Requester: Agenda No.: 6d Final Action: File Name: Approval of changing the dates of the regular City Council meetings in October and December 2011 Attachments: Resolution R-11-3338.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Approval of changing the dates of the regular City Council meetings in October and December 2011 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting of October 4, 2011, to Wednesday, October 5, 2011, due to National Night Out, an event designed to heighten crime and drug prevention awareness. The second regular City Council meeting of December 20, 2011, to Tuesday, December 13, 2011, due to the Christmas holidays. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 2/25/2011 RESOLUTION R-11-3338 A RESOLUTION CHANGING THE DATES OF A REGULAR CITY COUNCIL MEETINGS IN OCTOBER AND DECEMBER 2011 WHEREAS, in accordance with the City Charter, Section 3.09, Meetings and Rules of Procedure, the City Council shall meet regularly at least twice in every month at such times as a City Council may prescribe by rule; and WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month except when those dates may conflict with an event or holiday; and WHEREAS, National Night Out, an event designed to heighten crime and drug prevention awareness, will be held Tuesday, October 4, 2011; and WHEREAS, the Christmas holidays will be celebrated the week of December 20, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the first regular City Council meeting in October 2011 will be held Wednesday, October 5, 2011. Sec. 2. THAT the second regular City Council meeting in December 2011 will be held Tuesday, December 13, 2011. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND ABSTENTIONS, 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Report Version: 1 Agenda Date: 03/01/2011 Requester: Office of the City Agenda No.: 8 Secretary File Name: Reports - March 1, 2011 Attachments: Library Board Minutes - December 13, 2010 History of Legislative File Status: Reports Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 03/01/2011 City Council Title Library Board Minutes - December 13, 2010 City of Colleyville Page 1 Printed on 2/25/2011 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES December 13, 2010 CALL TO ORDER - Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:00 p.m. ROLL CALL - Members present: Pat Jones, Karen Birkes, Jerome Davis, Billie Tuttle, and Charna Logan-Gray Members Absent: Mary Alice Rippe and Thad Bolline Alternates Present: Linda Bond and Amy Dowell Ex-Officio Members Present: Vicki Smith Ex-Officio Members Absent: Steve Banta, Jorge Rodriguez, Larry Darlage, Mayor David Kelly, Mary Smith and Cecilia Monacelli Staff present: Mary Rodne Others present: Steve Norder II. APPROVAL OF OCTOBER 11, 2010 MINUTES - A motion was made by Charna Logan-Gray and seconded by Billie Tuttle to approve the October 11, 2010 Minutes. Motion approved unanimously. III. LIBRARIAN'S REPORT A. Monthly Statistics In October and November, patrons had checked out a total of 34,020 items, 148 Colleyville residents registered for library cards, library patron visits totaled 14,013, attendance for programs totaled 1,396 and volunteer hours totaled 389 hours. It was noted that 2010 year-to-date statistics were less than 2009 year-to-date statistics because the Library had offered limited program options due to the anticipated construction. B. Donations Director Rodne reported that the Library had received a total of $1,194.25 in donations in October and November. In October, the donations included: $100 from Ann Maddux for the purchase of a book on CD, $229.25 from various donors for the Library's Books 'N' Brunch Monthly Book Discussion program, $50 from Jerry and Lorine Rayburn for the purchase of books in memory of Jennye Cox Rayburn, $250 from the Colleyville Lions Club, and $200 from William and Beverly Scheikhard for the purchase of books on CD. In November, donations included: $125 from several donors in memory of James (Jim) Moore, $100 from the David and Pam Brandt for the purchase of books through a Microsoft Matching Gifts Program, $50 from Jerry and Lorine Rayburn for the purchase of books in memory of Floyd Koslan, $50 from the Brighton Oaks Bunko Club for the purchase of books in memory of Robert C. Harrison, and $40 from various donors for the Library's Books 'N' Brunch Monthly Book Discussion program. Rodne noted that the Library had designated the donations received in Memory of Jim Moore and the donation from the Lions Club for the Second Floor Expansion Project. C. Programs Director Rodne reported that all the Library's programs had ended in November and concluded that programs would not be offered again until after the Second Floor Expansion was completed. D. Dulce Moore Second Annual Short Story Contest Director Rodne distributed the Dulce Moore Short Story Contest publicity flyer for review and added that the winners would be announced at the Library's Grand Re-Opening celebration. IV. NORTH TEXAS CONFERENCE FOR LIBRARY SUPPORTERS Director Rodne distributed a publicity flyer for the Third Annual North Texas Conference for Library Supporters scheduled to be held on February 19, 2011, at the Decatur Civic Center. It was noted that the conference offered many session options that would be very beneficial for attendees and attendance was encouraged. V. COLLEYVILLE PUBLIC LIBRARY SECOND FLOOR EXPANSION UPDATE Library Director Rodne reported that the Colleyville Public Library Second Floor Expansion Project had been advertised by the City Engineering Department on October 10, October 17 and October 24, 2010, and that bids were received on November 1, 2010. It was noted that eighteen (18) firms had picked up plans and specifications for this project, and that eight (8) firms had submitted sealed bids. The bids were evaluated based on four sections of criteria, which included the proposed contract amount, key project personnel with similar project experience, reference quality performance record from previous work, and financial and organizational stability. Upon completion of this evaluation, it was determined that the lowest responsible bidder was Prime Construction Company. They submitted a base bid proposal of $525,000 with an additional $5,500 for added alternate 1, and a $500 deduction for added alternate 2. City staff recommended the award of the base bid and added alternate 1, with a 10% contingency of $53,050; for a total amount not to exceed $583,550. The architect's preliminary cost estimate was $556,334, which did not include the teen area or added alternate 1. Rodne noted that in the event that the entire contingency of $53,050 is spent, the remaining project budget balance for furniture and technology is $102,450. Rodne concluded that a Pre-Construction meeting would be scheduled in first part of January 2011. VI. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Vicki Smith reported that the Friends of the Library had held a very successful book sale in conjunction with the Library Foundation's Race to Read event on November 6, 2010. The sale generated around $1,200 in revenues. Additionally, Smith noted that the Friends were planning to schedule another used book sale in the spring after the completion of the Second Floor Expansion Project. VII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported for President Cecilia Monacelli that the Library Foundation's primary fundraiser, the Race to Read, held on November 6, 2010, had been very successful. Jones also noted that The Library Foundation had presented a check in the amount of $72,550 to the Library for the Colleyville Public Library Expansion Project, at the November 16, 2010, City Council Meeting. VIII. NEXT MEETING DATE Chair Jerome Davis noted that the next Library Board meeting would be held on January 10, 2011, unless there would be no agenda items. IX. SUGGESTED ITEMS FOR FUTURE MEETINGS X. CITIZEN COMMENTS None XI. ADJOURN: A motion was made by Linda Bond and seconded by Amy Dowell to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:20 p.m. RESOLUTION R-11-3339 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 1, 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