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City of Colleyville
Agenda
Clt)/ COUI1C11
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, May 3, 2011
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation of a citizen academy capstone project by the University of
Texas at Arlington Master of Public Administration (MPA) students
Attachments: PC-1.pdf
UTA Capstone - Colleyville 101 Presentation.pdf
PC-2 Presentation and discussion of City of Colleyville branding logo
Attachments: PC-2.pdf
Colleyville Brand Development presentation.pdf
PC-3 Discussion of the Colleyville Police Department Bicycle Unit
Attachments: PC-3.pdf
Colleyville Police Department Bicycle Unit presentation.pdf
PC-4 Discussion of amendment to Chapter 38 of the Code of Ordinances
regarding alarm system permits and fees and the feasibility of an alarm
management program
Attachments: PC-4.pdf
Contract for Alarm Program Administration and Collection
Services. pdf
Alarm Ordinance Comparison.pdf
PMAM Brochure.pdf
Advertisement and Water Bill Insert Example.pdf
Draft Ordinance.pdf
PC-5 Presentation of the Quarterly Capital Project Update
Attachments: PC-5.pdf
Quarterly Capital Improvement Projects (CIP) Presentation.pdf
PC-6 Presentation of the mid-year Fiscal Year 2011 budget update
Attachments: PC-6.pdf
FY 2011 General Fund Budget vs. Projected.pdf
City of Colleyville Page 1 Printed on 4/29/2011
City Council Agenda May 3, 2011
PC-7 Discussion of the May 3, 2011, City Council meeting regular agenda
items
Attachments: PC-7.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 - Rahman
Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Raman
Chandler Properties v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease or value of real property for City facilities
Section 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand
Attachments: 1- Executive Session - Legal.pdf
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Martin Richardson, Covenant Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-11-3355
Attachments: Resolution R-11-3355
City of Colleyville Page 2 Printed on 4/29/2011
City Council Agenda May 3, 2011
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Small Business Week, May
16-20, 2011 - Economic Development Director Marty Wieder and
Counselor Tom Smith, Service Corps of Retired Executives (SCORE)
Proclamation in recognition of Public Service Recognition Week, May
1-7, 2011 - Mayor David Kelly and City Manager Jennifer Fadden
Attachments: 3- Announcements, Proclamations and Presentations.pdf
Proclamation in recognition of Small Business Week 2011.pdf
Proclmation in recognition of Public Service Recognition
Week.pdf
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3356
4a Approval of the minutes of the regular City Council meeting of April 19,
2011
Attachments: Resolution R-11-3356
City Council Minutes - April 19, 2011.pdf
4b Approval of the minutes of the joint City Council, Planning and Zoning
Commission and Architectural Review Commission worksession of April
6, 2011
Attachments: Joint City Council, Planning and Zoning Commission and
Architectural Review Commission worksession - April 6, 2011.pdf
4c Approval of a Memorandum of Understanding between the Texas
Department of Transportation and the City of Colleyville regarding the
adoption of the Texas Department of Transportation's
federally-approved Disadvantaged Business Enterprise Program
Attachments: 4c Briefing.pdf
Memorandum of Understanding
City of Colleyville Page 3 Printed on 4/29/2011
City Council Agenda May 3, 2011
5. RESOLUTION(S):
READING AND PUBLIC HEARING
5a R-11-3357 Authorization to expend $290,000 plus associated closing costs for the
acquisition of the property located at 1416 Glade Road from the
Colleyville Tomorrow Fund
Attachments: 5a Briefing.pdf
Resolution R-11-3350.pdf
Resolution R-11-3357.pdf
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
7. REPORTS:
Sign Board of Appeals Minutes - February 8, 2011
Planning and Zoning Commission Minutes - March 28, 2011
Attachments: 7 - Reports.pdf
Sign Board of Appeals Minutes - February 8, 2011
Planning and Zoning Commission Minutes - March 28, 2011
8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 3, 2011 -
Reading and Public Hearing - Resolution R-11-3358
Attachments: Resolution R-11-3358
9. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday ,
April 29, 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 4 Printed on 4/29/2011
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number:
Version: 1
Status: Pre Council
File Type: Pre Council
Agenda Date: 05/03/2011
Controlling Body: City Council
Requester: Office of the City Agenda No.: PC-1 Final Action:
Manager
File Name: Presentation of a citizen academy capstone project by the University of Texas at Arlington
Master of Public Administration (MPA) students
Attachments: UTA Capstone - Colleyville 101 Presentation.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Presentation of a citizen academy capstone project by the University of Texas at Arlington
Master of Public Administration (MPA) students
Explanation
Members of the University of Texas at Arlington Master of Public Administration (MPA)
program will be presenting their capstone project. As the final class before graduation from
the MPA program, UT Arlington students are required to prepare and present a project
report in response to the needs and expectations of the community engaged as their client .
The City of Colleyville, serving as the client, has asked the MPA students to propose a
format and curriculum for a citizen academy to complement the current police and fire
academies. Through research, best practices analysis and interviews, the students have
developed a proposal that seeks to promote awareness and participation among the
citizens of Colleyville by developing a Citizens Academy Program.
City of Colleyville Page 1 Printed on 4/29/2011
A kn wl m n
c o e e e ts
~
Jennifer Fadden, City Manager
David Kelly, Mayor
Stan Hall, City Councilmember
Cynthia Singleton, City Secretary
Eric Ellwanger, Strategic Services Manager
Marty Wieder, Economic Development Director
Steve Dye, Ch ief of Pol ice
Russell Shelley, Fire Chief
Thank you to the City of Colleyville Department Heads
UTA Ca stone Pro'ect
p J
• What is a Capstone Project?
• Why are we doing one?
Intro uction
• City of Colleyville is a small, flourishing and thriving, affluent community
of about 23,000 persons.
• The City is continually looking for ways to educate and engage citizens in
the policy making process, especially through roles such as commission,
board, and committee participation.
• In keeping with the vision of the City, students from the University of
Texas at Arlington (UTA) have effectively designed Colleyville 101 by
conducting a best practices analysis of cities with similar programs.
• Additional information was gathered through discussions and meetings
with citizens, councilmembers, and City of Colleyville staff inembers.
• Research served as the foundation for the curriculum of Colleyville 101,
which will aid in the increase of citizen knowledge, interest, and
participation in local government.
I n ' iv
Goa s a O ect es
J
GOAL
To promote awareness and participation among citizens of Colleyville by
developing a citizens academy program.
OBJECTIVES
• By May 3, 2011, to create, develop and present a proposed citizens
academy program and curriculum to the Colleyville City Manager and
City Council.
• Launch Colleyville 101 by Fall 2011.
• Increase the number of applicants for boards, committees and
commissions by 10%.
• Increase citizen attendance at City Council meetings 10% by the end of
2012 and 20% by the end of 2013.
• Increase the number of volunteers for City sponsored programs 10% by
2012.
M h I
et o 0 0
~y
• Lite rat u re Revi ew.
• Web Research.
• Best-Practices Analysis conducted.
• Five cities selected were similar to Colleyville in terms of size and
demographics: Christiansburg, Virginia; Frisco, Texas; Southlake,
Texas; Flower Mound, Texas; and Coppell, Texas.
• Discussion with city officials of selected cities.
• Meetings with Colleyville City Manager, Department Heads, Mayor
and City Council.
mmr 6 Pr i Anl i
Su a o est act ces a s s
y y
Pros
Cons
Open to all Citizens Strong and active Small class size Marketing and use Promoted
alumni group of social media strongly through
No class size limit High number of word-of-mouth
Bi-annual program graduates Very high number
which reaches of graduates Long-time
double the people Absentee policy is established
beneficial Catchy title for program
Open to any citizen program
or business leader Team building Interactive
activities Open to employees activities such as
Application process within the city ropes course and
based on first come limits as well as field trips
first serve citizens
No graduation Occasionally Very exclusive to No attendance Very high tuition
process allowing other business owners policy resulting in ($500)
cities' citizens to lack of commitment
No alumni group participate $650 tuition fee per No alumni
participant No alumni association
All lecture style and Excludes certain association
guest speakers demographics Daylong sessions Needs
because of tuition Class size too large, improvement in
No application or fees Marketing is lacking which will inhibit marketing: use
screening process some activities social media
Full day session and
No set curriculum difficulty with
attendance
mm r P i iv r m R r h
Su a o os t es o esea c
y
• ~i m ited class size
• Open to a I I citizens
• No tu ition fee
• Strong ma rketi ng strategies i ncorporati ng
social media
• Im ortance of alumni rou
p ~ p
• Developing interactive curriculum
• Attenda nce Pol icy
P ro ra m T i t e
~
Our recommendation for the program's title is:
"Colleyville 101"
Pro ram Len th, Time and Class Size
g g
Length of Program:
• 1 Session per week for 8 weeks
• 2 % hrs each session
• 1 Session is 3 hrs due to content and activity
(Public Safety Night)
• > 2 % hrs-Lackof interestand commitment
Time:
• Thursday evenings from 7:00 p.m. to 9:30 p.m.
Class Size:
• Maximum number of participants - 20
Tu ition
• Based on ou r resea rch a nd the needs of the
Col leyvi I le citizens, no tu ition shou Id be
implemented.
Cost Esti mates
•Based on 20 participants
•Costs should be funded by the City's General Operating Fund.
Ma rketi n Recom mendations
~
• Advertisement in the Colleyville Communicator -
Water Bi I I I nsert.
• Brochure explaining the program and its benefits to
be distributed throughout public buildings and
selected locations for ready access by Colleyville
citizens.
• Local newspaper advertisement.
• Information technology should be used extensively in
marketing this program.
Ma rketi n Recom mendations
~
Continued
• Existing and new venues of information technology
recommended for use are the City's web site,
Facebook, Cable Channel 16, e-Communications,
Colleyville E-News, Twitter (if applicable), and a video
featuring key City officials on YouTube.
• Other Media: Banners, Signs, etc.
• Alumni association comprised of graduates and
former participants can greatly promote the program
through word of mouth and paraphernalia (plaques,
certificates, t-shirts, etc.) received after completion
of the program.
Recru itment a nd Selection
of Pa rt i c i a nts
p
Based on our research, participants in the civic
academy should be:
• Citizen of Colleyville or Colleyville Business Owner-
no minimum residency requirement. Priority will be
given to citizens.
• 18 years or older.
• Must not be running for an elected position with the
City while in the Academy.
Recru itment a nd Selection
of Partici ants Continued
p
• Must be able to commit to at least 7 sessions.
• Initial program should be a pilot program and should use
the citizens presently in volunteer positions
with the City. This will serv~
cu rricu I u m, meeti ng ti mes,
unforeseen problems.
~asatestrun
and to work
to
or working
refine the
out any
• Subsequent courses - selection based on a first come,
first serve criteria for the first 20 applicants. A waiting
list should then be used for additional applicants.
Applications should be submitted to the City Secretary.
Instructors
• Cit staff
y
• Mayor and Councilmembers
• Subject matter experts
Cit Resou rces
y
• Resources would include but not be limited
to: writi ng utensi Is, workbooks, progra m
books a nd/or cit tra ns ortation.
~ y p
• Sessions wou Id be held i n cit faci I ities.
y
• Possible video recordin of the classroom
~
ortion of each session for lacement on cit
p p y
we bs ite.
Session Format a n To ics
p
In order to maintain interest, attentiveness, and the commitment
of the students,
• Lecture or presentation - no more than 20 to 30 minutes.
• Remainder of the session - some type of hands-on or practical
exercise.
- Tour of a facility, group exercises or games, or a team
building activity that is beneficial to the goals of the City and
help foster a sense of accomplishment as a citizen of
Colleyville.
- Example:
Group tree planting in one of the local City parks with Parks
and Recreation.
m I rri I m lin
Sa e Cu cu u O ut e
p
• Session 1: Course Overview and Introduction
"Where it all began"
• Session 2: Strategic Services/Municipal Courts
"Ready, Set, Gov!"
• Session 3: Public Works
"Public Works - A Day Without Us!"
• Session 4:
Planning/Community and Economic Development
"To Build or Not To Build"
m I rri I m lin
Sa e Cu cu u Out e
p
• Session 5: Public Safety Night
"Who ya gonna call?!"
• Session 6: Leisure Services
"Are you having fun yet?!
• Session 7: Colleyville's Regional Role
"What's really going on?"
• Session 8:
Boards, Commissions and Committees / Graduation Night
"Crossing the finish line: sounding the starting gun! !!"
G ra uation
• G rad uation n ight shou Id be specia l
• Certificate of completion for each graduate
• Shirt with Colleyville 101 logo
• City ma nager a nd city staff shou Id be present
• Mayor and City Councilmembers should also be invited
• Dinner provided - possibly catered by a local restaurant
AI mni r
u G ou
p
• Alumni group recommended - pool of volunteers for
boards, commissions and committees.
• Volunteers can be used for city functions (such as the Old
Tyme Bar-6-Q or Texas Junior Anglers), in the event of
emergencies (natural disasters or storms), or as a means
of sparking interest in city boards, commissions and
co m m ittees.
• City feed back sou rce on progra ms enacted a nd the
efficiency of City services.
• We have provided a list of steps in our report on how to
form an alumni group.
I n Concl usion
Thank ou for our time and su ort.
y y pp
.
Questions.
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: Filed
Version: 1
Agenda Date: 05/03/2011
Controlling Body: City Council
Requester: Economic
Development
Department
Agenda No.: PC-2
File Name: Presentation and discussion of City of Colleyville branding logo
Attachments: Colleyville Brand Development presentation.pdf
History of Legislative File
Final Action: 04/19/2011
Version: Date: Acting Body:
Action Text:
04/19/2011 City Council
05/03/2011 City Council
Title
Presentation and discussion of City of Colleyville branding logo
Explanation
City staff first presented the idea of rebranding the City's logo and possibly adding a tag line
during the Pre Council meeting on January 5, 2010. City Council directed staff to begin the
first phase of the branding exercise, as presented. After several months of research and
interviews with citizens, business owners and the City leadership team regarding
rebranding, the City's logo and adding a tag line, Economic Development staff incorporated
the comments and suggestions in the design of logo prototypes and possible tag lines.
During the Pre Council meeting on October 6, 2010, staff presented the branding concepts
to City Council for comments and direction. City Council directed staff to continue the
branding development plan and obtain bids for the services of a graphic artist to develop
updated versions of the current logo. Staff selected Logoworks, a division of Hewlett
Packard, to create updated prototypes of the current City logo.
Staff returned and presented Logoworks' three suggested examples at Pre Council on
February 9, 2011. City Council decided against incorporating a tag line, and directed staff to
have several details amended on the proposed logo examples. Logoworks incorporated the
requested changes, and staff presented the revised logo design at Pre Council on March
22, 2011. City Council expressed its preference for the updated version of the existing
Colleyville logo and asked staff to request that Logoworks reduce the size and shape of the
horse, so the word Colleyville is more prominent.
Staff returned to City Council with two revised versions on April 19, 2011. In both cases, the
word Colleyville was made bolder. Councilmembers directed staff to have LogoWorks
City of Colleyville Page 1 Printed on 4/29/2011
Aaenda Briefinp Continued
integrate characteristics of both horses (i.e. head up and horse walking, with all four legs
illustrated), as well as to extend the middle fence post to the ground. Staff is presenting the
revised version for City Council consideration.
City of Colleyville Page 2 Printed on 4/29/2011
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~~~ Colleyville, Texas 76034
~ ~ Agenda Briefing 817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 05/03/2011 Controlling Body: City Council
Requester: Agenda No.: PC-3 Final Action:
File Name: Update on the Colleyville Police Department Bicycle Unit
Attachments: Colleyville Police Department Bicycle Unit presentation.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Discussion of the Colleyville Police Department Bicycle Unit
Explanation
The Colleyville Police Department is proud to announce the formation of a bicycle unit in
order to provide a higher level of service to the community. The use of a police bicycle
offers many advantages toward a more effective delivery of police services.
Bicycle patrols will enable the police department to increase the effectiveness of their patrol
operations in several ways. By removing the barrier of a vehicle, an officer on a bicycle will
be much more approachable to community members. This increases police-citizen
interaction, and promotes community policing through increased community partnerships
and joint problem solving. The use of a bicycle enables officers to more frequently and
thoroughly patrol and protect areas inaccessible by a patrol car, such as trails, parks, alleys,
fields, and side yards. The bicycle patrols are also effective in adding a more covert
dimension in patrolling commercial parking lots to combat and prevent property crime. The
bicycle patrols offer the same positive community relations advantages of traditional foot
patrols, but with increased mobility. Bicycle officers can be utilized at large community
events, such as the Colleyville Old Tyme Barbeque and Holly Colley Holiday, where bicycles
will facilitate easier access and interaction with pedestrian traffic. Finally, the Colleyville
Police Department Bicycle Officers will be available to periodically conduct Bicycle Safety
Programs, upon request, at Colleyville elementary schools.
The Colleyville Police Department Bicycle Unit consists of eight (8) patrol officers that
applied for the program and were selected by the Chief of Police. Each of the bicycle
officers is assigned to one of the four existing patrol squads and performs their bicycle
duties in conjunction with their normal patrol tasks. In order to be certified as a police
bicycle officer, each officer must attend and successfully pass a certified bicycle school ,
which consists of 40 hours of training. Thus far, five Colleyville Police Officers have
attended and passed the school, and the remaining three officers are scheduled to attend
City of Colleyville Page 1 Printed on 4/29/2011
Aaenda Briefinp Continued
the next available school in two to three months.
Colleyville Police Department Bicycle Officers will advise NETCOM, via their police radio,
each time they intend to conduct a bicycle patrol. While on their bicycles, the officers will
maintain a distance from their patrol cars that does not inhibit a quick vehicular response, if
needed. The officers transport their bicycles on the back of their patrol cars via a specially
designed bicycle rack. The bicycle officers will wear a uniform and equipment that provide
comfort and functionality while also serving as an acceptable duty uniform, and each bicycle
officer will also wear the proper safety equipment while performing bicycle patrol duties. A
specific bicycle unit departmental policy has been formally adopted to address the duties
and performance of the bicycle officers. The bicycle unit was funded at a minimal cost
through a combination of City funds, officer funds, and private donations.
The bicycle unit will add value through increased community interaction and the provision of
police services in areas not accessible by vehicle. The Colleyville Police Department
Bicycle Unit will enhance the level of police service to the community in alignment with the
department's community policing philosophy.
City of Colleyville Page 2 Printed on 4/29/2011
^ ^
o e v~ e o ~ce e ar men
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eason or orma ~on
• Provides a more effective level of police service
• Enhances community policing efforts through
increased interaction with citizens
• Offers same advantages of a foot patrol (officers
more approachable), but with increased mobility
• Provides ability to patrol and protect areas not
accessible by vehicle (trails, parks, alleys, fields,
side yards)
• Adds a covert patrol d i mension to better add ress
property crimes
^ ^ ^
~c ce n~ u ~es
~
• To increase police-citizen interaction
• To more effectively patrol areas in assigned
districts, such as commercial parking lots, parks
and trails
• To work special events that would benefit from
bicycle patrols, such as the Colleyville Old Tyme
Barbeque and the Holly Colley celebration
• To conduct Bicycle Safety Programs at
Colleyville elementary schools
^ ^ ^
n~ ec~ ~cs
.
.
.
.
.
.
.
Comprised of eight (8) patrol officers
Officers assigned to one of the four patrol squads
Bicycle patrol conducted in conjunction with the officers'
regular patrol duties
Officers maintain a distance from their patrol cars that
does not hamper vehicular response times
Officers complete a 40-hour training class
Officers wear special bicycle uniform and proper safety
equipment
Funded through a combination of City funds, officer
funds and private donations
F
~ suo~ san
.
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 05/03/2011 Controlling Body: City Council
Requester: Police Department Agenda No.: PC-4 Final Action:
File Name: Discussion of amendments to Chapter 38 of the Code of Ordinances regarding alarm system
permits and fees and of an alarm management program
Attachments: Contract for Alarm Program Administration and Collection Services.pdf • Alarm Ordinance
Comparison.pdf • PMAM Brochure.pdf • Advertisement and Water Bill Insert Example.pdf •
Draft Ordinance.pdf
History of Legislative File
Version: Date: Acting Body:
Action Text:
05/03/2011 City Council
Title
Discussion of amendment to Chapter 38 of the Code of Ordinances regarding alarm system
permits and fees and the feasibility of an alarm management program
Explanation
Several months ago, the police department conducted an analysis of the residential and
commercial alarm system processes to determine if increased efficiency could be realized in
terms of alarm administration, permitting and responses to false alarms. The results of the
research identified a viable public-private partnership with the PMAM Corporation that could
potentially serve as a turnkey solution for alarm administration and collection services.
The current City of Colleyville alarm system ordinance (0-05-1544) was adopted on
September 20, 2005. The current ordinance is designed to protect the health, safety and
welfare of the public through the permitting of alarm systems and regulation of false alarms .
Under the current ordinance, the annual registration fee for operating an alarm in the City of
Colleyville is $25 and the penalty for a false alarm is $50 per occurrence in ex cess of five
during a twelve (12) month period.
In an attempt to identify a public-private partnership that would increase efficiency and
effectiveness by decreasing administrative time required to process alarm permits, fees and
fines; increasing the percentage of permit compliance; and reducing the number of false
alarms in the City, staff issued a Request For Proposals (RFP). The RFP sought to secure
the professional services of a qualified alarm management service company to submit a
proposal and statement of qualifications for providing a turnkey solution to alarm
management services. The proposal required comprehensive information on the support,
setup and ongoing management for alarm services. In addition, the RFP requested a
proposal to reduce the incidences of false alarms, implement a false alarm reduction
City of Colleyville Page 1 Printed on 4/29/2011
Aaenda Briefinp Continued
program, and implement a professional and persistent process for the follow-up and
collection of permit renewals, new permit registrations, fines for false alarms and violations .
The RFP was advertised in the Forf Worth Star-Te/egram and closed on March 31, 2011.
The City received only one qualified response, which was from the PMAM Corporation.
PMAM is an experienced company that has been in the alarm management business for
eight years. Currently, PMAM provides alarm management and collection services for the
following Texas cities: Burleson, Allen, McKinney, Richardson, Rowlett, Rockwall,
Duncanville, Houston, Bryan, Conroe, New Braunfels, San Marcos, and Corpus Christi.
PMAM offers a comprehensive scope of services, which includes all aspects of alarm
permitting and false alarm billing collection and related services. These services include ,
but are not limited to:
• Processing new permit applications for alarm users
• Processing renewal applications
• Maintaining records of alarm users operating in the city
• Extracting records that indicate locations of false alarms
• Applicable training for City employees
• Calculating billable false alarms, the rate at which each alarm is billable, and the total
amount of fee to be levied for each location per the City ordinance
• Sending bills, as appropriate, to alarm users
• Collecting fees from alarm users as an agent of the City and reporting to the City the
amount of fees collected, including documentation of each transaction
• Identifying and providing notice to alarm users who are delinquent by thirty (30) days
or more
• Reporting to the City those alarm users who are delinquent by thirty (30) days or
more
• Responding to citizen complaints regarding all alarm service issues and forwarding
response issues to the police department
• Responding to miscellaneous citizen complaints concerning false alarm billing
collection and related services
• Providing monthly payments to the City, less administrative fees, of monies collected
• Providing an annual audit to the City that demonstrates the complete accounting of
funds received, funds retained by PMAM, and funds paid to the City
• All other related responsibilities to ensure proper administration of all alarm service
issues
• Promotional campaigns at the beginning of the contractual period to publicly promote
the program (i.e. radio and television public service announcements, print
advertisements, television interviews, newsprint articles, and other vehicles for
promoting the usefulness of a false alarm management program)
• Serving as a point of contact for all alarm users
• Provision of all hardware and software and services necessary to establish and
provide the service
• Providing all hardware and software to maintain all data in reference to this proposal
• Providing personnel to perform all pertinent duties under this proposal
• Providing all other necessary equipment, materials, personnel and services to the
City for an alarm management program
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Aaenda Briefinp Continued
The police department's research revealed that PMAM's services could benefit the City in
three main areas. First, a partnership with PMAM would eliminate staff time that is currently
dedicated to the processing of alarm permits and false alarm billing. Secondly, PMAM
would assist in identifying alarm system users in the City that are not currently permitted as
prescribed by ordinance. Finally, PMAM would help reduce costly false alarm responses
through their false alarm reduction education processes. Not only would these contracted
services increase efficiency in City operations, but these enhanced service levels will be
provided at no cost to the City. In fact, staff's research found the projections to result in a
slight net increase in revenue for the City.
Currently, the administration of the residential and commercial alarm permitting process is
conducted manually and through the use of spreadsheets. The administrative duties are
shared between the police and finance departments and encumber approximately 344
hours a year cumulatively. This equates to a total processing cost of at least $6,120 a year
to administer the alarm process. If the contract with PMAM is approved, then the entirety of
these staff duties would be conducted by PMAM at no cost to the City. PMAM's experience
in the alarm industry and their available resources would vastly improve the City's current
processes and allow staff to utilize these previously encumbered hours for other City
projects and business operations.
At this time, there are a total of 8,119 residential units and 419 commercial units in the City
of Colleyville. Of those 8,538 total units only 1,774, or twenty-one (21) percent, have
secured alarm permits with the City. PMAM offers resources that will assist in the
identification of alarm system users that are currently not permitted with the City. Based on
the demographics of the City of Colleyville, the number of alarm users is believed to be at
least sixty (60) percent of the total residential and commercial units, or 5,122 systems.
Based on PMAM's experience in other cities, it can be conservatively calculated that a
minimum of forty (40) percent, or 3,415, of all dwellings in Colleyville operate alarm
systems. Based on the aforementioned percentages, the potential number of operating
alarms in the City, in violation of the alarm ordinance, ranges from 1,641 to over 3,300.
If the services of PMAM are approved, then it is projected that a gross annual total of
$85,375 would be collected for alarm permits in the City. This figure was derived from using
the current and proposed annual alarm permit fee of $25 multiplied by the conservative total
of 3,415 operating alarm systems.
Currently, the City does not have the advanced technology and systems in place to
thoroughly track, invoice, and collect false alarm fees as does PMAM. If contracted, PMAM
anticipates a minimum increase of $10,000 in false alarm fees paid to the City. This
$10,000 would be in addition to the aforementioned anticipated total of $85,375 collected
for annual permit fees.
The numbers below represent the budgeted and actual amounts for alarm revenue from
2006 to FY 2011 year-to-date. Last year, some internal administrative processes were
improved and the actual collections increased for FY 2010. The anticipated actual
collections for FY 2011 are expected to be at or near the actual FY 2010 amount of
$59,200.
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FY11 FY10 FY09 FY08 FY07 FY06
Budget $ 47,000 $ 45,000 $ 45,000 $ 38,000 $ 35,000 $ 35,000
Actual $ 35,000 $ 59,200 $ 51,930 $ 51,525 $ 47,000 $ 31,775
Responses to false alarms are costly for any city. In 2010, the Colleyville Police
Department responded to a total of 2,192 alarm calls at residences and businesses in the
City. Of those 2,192 alarm responses, 2,175, or 99.2 percent, were false alarms. On
average, an alarm call response encumbers twenty-five (25) to thirty-five (35) minutes of a
police officer's time. This time allocation includes the dispatching of the call, police
response, a check of the structure, potentially waiting for a responsible party to arrive and ,
at times, the completion of a police report. This time allotment is doubled, as it is the
current policy of the Colleyville Police Department, and most departments, to dispatch two
officers to each alarm call. In addition to the manpower response, vehicle costs, including
gas, maintenance and vehicle depreciation, have to be factored in to an alarm response .
When computing the cost of a police response to an alarm call, the industry standard is
$120 -$150 per call for a two-officer response, which includes all personnel and equipment
costs. Utilizing the 2010 numbers, the estimated cost to the City to respond to false alarms
last year was $261,000. This total was derived by multiplying the number of false alarms
(2,175) by the minimum estimated response cost of $120 per call.
Historically, PMAM has experienced at least a twenty-five (25) percent reduction in false
alarms in the cities they service through their false alarm reduction education programs. If
false alarms were reduced by at least twenty-five (25) percent in Colleyville, the police
department would reduce the total number of false alarm responses by approximately 543.
This reduced number of responses would realize a soft cost savings of $65,160 and a time
savings of 450 to 500 hours. The decreased time spent on false alarms could free up
officers' time to be available to perform other duties and/or more promptly respond to other
citizen requests for service. This increased efficiency and effectiveness in police services
could help alleviate some of the police department's current staffing deficiencies.
PMAM's False Alarm Management Service (FAMS) is comprised of several core
components to provide comprehensive alarm management services to the City of
Colleyville. A synopsis of these components is as follows:
On Boardinq and Implementation Process
PMAM utilizes a ten phase process for implementation. Upon completion of all phases,
PMAM's alarm administration services are ready for launch. The PMAM process for
implementation includes the following steps:
• On-board start-up meeting involving City staff and PMAM personnel
• Data integration process to import all required data sets
• Software and hardware configurations
• FAMS software certification testing to ensure functionality
• FAMS training for all stakeholders
• Payment processing set-up
• Documentation and communication finalization
• Public relations campaign
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• Program status and communication plan
• Go live
CAD (Computer Aided Dispatch) System Interface
PMAM's FAMS component is easily configurable to the Colleyville Police Department's
CRIMES CAD system. This interface with the Colleyville CAD system will involve
downloading Colleyville's false alarm incident data and integrating that information into
PMAM'S FAMS system.
Permittinq
PMAM'S FAMS Document Specialist will work with City staff to finalize a permit registration
form that meets the City's needs and the requirements of the Colleyville ordinance. Permit
registration will be available on the web site, through a hard copy application that can be
requested through a customer service representative or downloaded from the City's web
site. While alarm permit applications are currently offered on the City's web site, PMAM's
service would offer enhanced web site services and also provide dedicated customer
service staffing available during regular business hours to handle questions and provide
assistance to Colleyville citizens and business owners. Messages left after hours are
returned the next business day and PMAM offers service in both English and Spanish.
Using the PMAM interface to the City's web site, the citizen would be guided through the
permit application with an animated video guide complete with sound. In less than five
minutes, the citizen could learn about, apply for, pay for, and receive an alarm permit.
PMAM's FAMS processes include capabilities to find residents and businesses that may be
non-compliant with the permitting requirement of the City's alarm ordinance. PMAM will
send alarm registration applications to these non-compliant residents and businesses and
provide them the choice of applying on-line or mailing the completed application. All such
non-compliant alarm locations receive reminder notices and phone calls until permit
compliance is received. PMAM has a compliance track record of over ninety (90) percent
as of result of their processes.
Renewal processing is integrated with PMAM / Pitney Bowes mailing technology to ensure
efficient and accurate delivery of renewal invoices and customer service specialists call to
confirm address changes before issuing renewals.
Additional PMAM FAMS permitting processes include:
• Notices for permit renewals will automatically be generated one month before they
are due to assist with timely renewals. Citizens may renew via mail or through the
self-service web portal.
• Ordinance notices and permit applications are sent to all alarm users that have false
alarm incidents and are not matched to permits in the system
• First letters and second follow up letters are sent to non-compliant alarm users, if
they do not complete permit applications
•If residents and businesses do not complete alarm permits after mail
correspondences, PMAM automatically generates a report for their customer service
specialists to directly call alarm users in an attempt to gain ordinance compliance
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• Non-compliance reporting also determines which alarm users create frequent false
alarms. PMAM will work with the police department to establish program processes
to work with these residents and businesses to complete alarm permitting and reduce
false alarms
Billin
PMAM automatically calculates the billing criterion and all associated fees including false
alarms that are billable, the rate at which each alarm is billable and the total fee for each
location. System produced invoices provide historic details and fees, so the recipient of the
invoice is aware of City ordinance requirements and if they are in compliance. Additionally,
FAMS can track organizations that have filed for Chapter 11 status, as the law prevents
billing these organizations. In regard to billing, the PMAM FAMS system:
• Automatically generates permit renewal invoice applications thirty (30) days prior to
the expiration date
• All invoices are printed on City letterhead and mailed in envelopes with the City logo.
The billing of the entire City is usually executed in under ten (10) minutes through
automated invoice processing.
• Several reports provided in FAMS allow billing specialists to certify that billing has
been done correctly and all bills are ready to be printed
• Citizens can access all needed billing information on the City's web site.
Collections
The PMAM system is capable of collecting and reporting cash, credit cards, and check
payments. The reports detail the location and the person who received the payment,
including full reconciliation details. PMAM collection efforts are based on trend analysis .
Trend analysis reports give collection specialists detailed knowledge to setup and execute
debtor callbacks using a system generated call list. This list will be integrated with third
party call center predictive phone dialers to assist collection specialists. The process
automatically brings up alarm owner information to the collection specialist as the call is
made, thus enhancing the collection center's efficiency and customer service to permit
holders. PMAM also has the capability to utilize automated message dialers as part of the
collection process if requested by the City.
Citizen Self-Service Web Portal
PMAM's service and their established web portal offers the citizens of Colleyville quick and
easy access to a variety of support tools to allow them to easily file permit applications ,
obtain or access account information, understand the City of Colleyville alarm ordinance ,
and receive immediate assistance from customer service representatives, if needed .
Citizens can also complete primary alarm registration, renewal and payment processing
twenty-four (24) hours a day, seven (7) days a week. Utilizing this process, Colleyville's
citizens can be alarm ordinance compliant in less than three (3) minutes. PMAM's interface
into the City's web site would be transparent so that the customer's view is the same as with
any other link on the City's site.
Updates to FAMS and Colleyville's communication systems will be updated in real time.
This will allow first responders to immediately access the alarm and permit information. The
residence or business address entered by the citizen is verified with the City's GIS data and
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the permit holder is informed as to the ordinance requirements. Citizens, once signed up,
can login to PMAM's FAMS secured system to check all historical false alarms, unpaid bills
and permit information.
PMAM technology specialists will ensure the web portal has the same theme as the City's
web site. The web site is encrypted and secure to ensure safety for its users and any
information submitted. All portal setup and maintenance is conducted by PMAM personnel
at no additional cost to the City.
False Alarm Reduction Processes
PMAM processes place a significant emphasis on the reduction of false alarms. It is
anticipated that PMAM's services will result in at least a twenty-five (25) percent reduction in
false alarms within eighteen (18) months of implementation. These reductions will be
achieved through the following processes:
• Repetitive False Alarm Violators Identification - FAMS dashboards systematically
identify those locations with an excessive number of false alarms. These analytical
reports are utilized by PMAM to engage these defaulters to take corrective action.
• Educational CD - This CD educates citizens and businesses about the possible
reasons of false alarms and methods of prevention. It also educates alarm users
about severity of the false alarm problem and the drain on police resources.
• E-mail Engine - FAMS includes an integrated e-mail program that will send
messages to every permit holder that has had false alarms in the previous month .
The message is determined by using a software algorithym based upon the total
number of false alarms in the last twelve (12) months and the total false alarm calls
in the previous month. PMAM will set the e-mail program frequency specifically for
the City of Colleyville in accordance with the City's ordinance. This enables PMAM to
reach out to every single false alarm violator, including those not billed for false alarm
fees.
• Interactive Phone Engine (IVR) - PMAM's IVR calling system calls and delivers
automated voice messages to all the permit holders that have had false alarms in the
previous month. The activation and message type is determined using software
algorithms measuring false alarm calls during the last twelve (12) months and the
total false alarm calls in the previous month. Similar to the e-mail program, the IVR
system delivers intense and universal messages to help reduce false alarms.
• Online False Alarm Academy - PMAM, in consultation with City staff, will design the
curriculum and questions to be used in this permit reinstatement tool. The academy
is a web-based portal that allows users to login using a secure password, go through
the educational process and then take the test to ensure they understand the issue
and its remedies. The academy is particularly effective when used as part of the
alarm permit reinstatement process for users with ten or more false alarms during a
twelve month period. The academy can be established as part of an on-line process
or as an on-site program taken as a written examination.
Hearinq and Appeals Processes
PMAM's services include working with the City and the Municipal Court to provide any
needed forms and instructions to the permit holder regarding any appeals for alarm related
fines.
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Comprehensive Reports
PMAM has multiple reports (i.e. permitting, billing, collections, false alarm reduction details,
hearing processes, and accounts receivable) immediately available to City staff that can be
configured according to need, purpose or preference. These reports are available in
dashboard, payment trend analysis or base reporting formats. All reports can be run for any
period of time or date range.
PMAM's FAMS "EYES" is a unique, proprietary support system that integrates into FAMS
and the CRIMES CAD system. This program is designed to provide PMAM personnel and
City staff instant access to information regarding the City of Colleyville's alarm
administration program. FAMS EYES includes dashboards and scorecards to monitor real
time analytics in the following areas:
• Incident matching
• Collections reports
• Reconciliations reports
• Receivables / Aging reports
• Call center metrics
• Customer service representative performance
• Summary analytical reports
• Summary graphical dashboards
Customer Service Call Center
PMAM's customer service center and all customer service documents and processes are
located in Irving, Texas. PMAM's Customer Service Representative Team is comprised of
Customer Service Specialists with the following specialties:
• Alarm Matching and Billing
• Reconciliation
• False Alarm Reduction
• Documents
PMAM's standard is to achieve over ninety (90) percent single call resolution and have a
same day call back policy regarding voice messages left during business hours. Colleyville
will be given a unique, toll free number for citizens to contact the PMAM service center.
PMAM service center supervisors spend at least five (5) percent of their time monitoring
Customer Service Representatives' conversations to confirm quality citizen service is being
provided. Customer service reports are available to City staff at any time.
Public Relations
The PMAM outreach team will create a comprehensive marketing and public relations plan
in conjunction with City staff. The program will be designed to publicize the alarm ordinance
permit program to as many Colleyville residents and businesses as possible. City staff will
decide which specific programs are best suited for the City of Colleyville. The public
relations plan can include the following elements:
• Newspaper advertisement
• Radio jingle
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• Public announcements in community newspapers
• Water bill inserts
• Educational CD
• Information on the False Alarm Reduction Academy
• Development of a television ad strategy
• Newsletter updates and changes to City web site content
If approved by City Council, the initial term of a contract with PMAM (Attachment 1) would
be for a period of five (5) calendar years . The City of Colleyville reserves the option of
extending any agreement as an automatic renewal on a bi-annual basis for additional two
(2) year terms. Any contract with PMAM could be terminated with a ninety (90) day notice.
If an agreement is signed with PMAM, they would collect all alarm permit and renewal fees
and any false alarm, reinstatement or other fees, charges or penalties as authorized by an
approved alarm ordinance. PMAM would retain the percentages listed in the table below of
all collections and remit the percentage balance to the City for the total of the actual
revenues generated and collected for the City during the life of any contract.
Revenue Collected Every Year City Percentage PMAM Percentage
$0 - $100,000 65% 35%
$100,001 - $200,000 72% 28%
$200,001 - and above 81 % 19%
PMAM would provide and pay for all facilities, products, labor, materials, maintenance,
tools, delivery, transportation, and other facilities and services necessary to implement their
False Alarm Management System (FAMS).
The attached draft ordinance, an update of the existing Alarm Ordinance 0-05-1544, has
been revised to address the substantial problem of false alarms in the City. In addition, the
draft ordinance contains revisions that facilitate the incorporation of an alarm management
company in an effort to increase efficiency in the alarm processes from permitting to
response. In the draft ordinance, the annual alarm permit fees remain at $25. Under the
current ordinance, a fee of $50 is charged for each false alarm in excess of five (5) during a
twelve (12) month period. The draft ordinance updates the false alarm fee to industry best
practices and aids in the deterrence of chronic inattentiveness and maintenance issues that
often lead to false alarms. The fee schedule below is contained in the draft ordinance in
regard to false alarm fees for a twelve (12) month period. If cancellation of an alarm occurs
prior to a police officer arriving at the scene, then a false alarm fee would not be assessed.
Number of false alarms Fines
1-3 $ 0
4-5 $ 50
6-7 $ 75
8-9 $100
10 or more $100 (police response also revoked)
Attachment 2 is an alarm ordinance comparison that lists the area cities and their respective
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fees for alarm permits and false alarm fees. State law was recently amended and now
allows a maximum of $100 to be charged for an alarm permit. As mentioned, the permit
fees in the draft ordinance have not been raised, and the suggested false alarm fee
schedule strives to achieve a balance between accidental false alarms and reasonable
sanctions for chronic offenders. As noted in the survey, some cities offer a reduced permit
fee for senior citizens. Another viable alternative could be to charge an annual permit fee of
$50 and reduce the cost the following year, for example to $25, if no false alarms are
received at the location during the twelve (12) month period.
Attachment 3 is a brochure summarizing the False Alarm Management System offered by
PMAM.
Attachment 4 depicts an example of a potential print advertisement and water bill insert.
The alarm management program offered by PMAM will increase alarm permitting
compliance, reduce false alarms, enhance compliance from chronic false alarm locations,
and alleviate the need for the City to administer the alarm program. The formation of this
public-private partnership increases the efficiency of City staff, and improves the
effectiveness of service delivery to the citizens of Colleyville.
City of Colleyville Page 10 Printed on 4/29/2011
Services Agreement for
Alann Management
CONTRACT FOR ALARM PROGRAM
ADMINISTRATION AND COLLECTION SERVICES
This contract (hereinafter "Agreement") is made and entered into by and between
PMAM Corporation, a Texas Corporation whose address is 105 Decker Court #675,
Irving, Texas 75062, (hereinafter referred to as "Contractor") and the City of Colleyville,
Texas, hereinafter referred to as "City" to be effective upon approval and subsequent
execution by the Colleyville City Manager or designee.
Recitals
WHEREAS, the City desires to engage the services of Contractor to provide
installation, conversion, operation and service of a False Alarm Management Program
including the collection services in accordance with the City's alarm ordinances; and
NOW THEREFORE, in exchange for the mutual covenants set forth herein and
other valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties agree as follows:
Article 1
Scope of Services
1.1 The parties agree that Contractor shall perform such services in accordance with
the terms and conditions of the City's alarm ordinance and Contractor's Proposal
in response thereto, (hereinafter "Contractor's Proposal"), a copy of which is
attached hereto and incorporated herein for all purposes as Exhibit "A". The
parties' agreement consists of the following items referred to as the "Agreement
Documents":
Agreement by and between the City and PMAM Corporation
Contractor's Proposal - Exhibit A
Pricing and Receipt of Collections - Exhibit B
In the event there exists a conflict in interpretation, the documents shall control in
the order listed above or as further modified by agreement by the parties as a
result of software implemented and deployed by the parties.
Article 2
Terms of Agreement
2.1 The initial term of this Agreement shall be for a period of five (5) calendar years.
The City reserves the option of extending the Agreement(s) as an automatic
renewal on a biannual basis for additional two (2) year terms, or portions thereof.
2.2 Contractor shall receive compensation, including authorized reimbursements, for
all Services rendered under this Agreement at the rates set forth in pricing
Services Agreement for
Alann Management
included in this contract as Exhibit "B" The compensation is based on a revenue
sharing model.
2.3 At any time during the term of this Agreement, the City may request that
Contractor perform Special Services as laid out in the Request for Purchase
(RFP) Professional Services Alarm Management Services #CPD2011-1. As used
herein, special services means any work which is determined by the City to be
necessary for this contract, but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Contractor shall
undertake such special services after receiving the authorization from the City,
and shall submit the itemized invoices with net fifteen (15) days payment terms
to: City of Colleyville Finance Department 100 Main Street Colleyville, TX 76304
Article 3
Contractor Responsibilities
3.1 Contractor agrees to and shall defend, indemnify and hold harmless the City, its
officers, employees, agents and volunteers from and against all claims, damages,
losses and expenses, including attorney's fees, litigation costs and expenses,
arising out of the performance of the work described herein, caused in whole or in
part by any negligent act or omission of Contractor, any subcontractor of
Contractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, except where caused by the sole
negligence or willful misconduct of the City. Lack of insurance coverage does not
negate Contractor's obligation under this paragraph of this Agreement.
3.2 At all times during the term of this Agreement, Contractor shall be an
independent contractor and shall not be an employee of the City. The City shall
have the right to control Contactor only insofar as the results of Contractor's
services rendered pursuant to this Agreement. The City shall not have the right to
control the means by which Contractor accomplishes services rendered pursuant
to this Agreement.
Article 4
The City's Responsibility
4.1 The City shall cooperate with and assist Contractor by, among other things,
making available, as reasonably requested by Contractor, management
decisions, personnel, information, approvals, IT assistance and acceptance that
are needed by the Contractor to carry out its obligation under this agreement.
Article 5
lnsurance Requirements
5.1 Contractor shall, at its own expense, purchase, maintain and keep in force during
the term of this contract such insurance as set forth below. Contractor shall not
commence work under this contract until it has obtained all the insurance
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Services Agreement for
Alann Management
required under this contract and such insurance has been approved by the City,
nor shall Contractor allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been obtained and
approved. The insurance requirements shall remain in effect throughout the term
of this contract. Contractor, at Contractor's sole cost, shall purchase and
maintain, during the term of this Agreement, insurance coverage providing not
less than the following:
5.1.1 Comprehensive or Commercial General Liability: $500,000 combined
single limit per occurrence for bodily injury, personal injury or death and
property damage. The coverage's under this policy shall include those
found in the Comprehensive General Liability Broad Form endorsement.
This policy shall have no standard coverage removed by exclusions.
5.1.2 Automobile Liability: $500,000 combined single limit per accident for bodily
injury and property damage. Coverage should be provided as a"Code 1,"
any auto.
5.1.3 Workers' Compensation and Employers' Liability: Statutory. Employers
Liability policy limits of $100,000 for each accident, $500,000 policy limit-
Disease. The insurer shall agree to waive all rights of subrogation against
the City, its officials, employees and volunteers for losses arising from the
activities under this contract.
5.2 All insurance policies, other than Professional Liability, provided under this
contract shall be written on an "occurrence" basis.
5.3 The City shall be named as additional insured on the General Liability and
Automobile Liability insurance policies. These insurance policies shall contain
the appropriate additional insured endorsement signed by a person authorized
by that insurer to bind coverage on its behalf. If Contractor, for any reason, fails
to maintain insurance coverage which is required under this agreement, the
failure shall be deemed a material breach of contract. The City, at its sole
option, may terminate this agreement.
5.4 Each insurance policy shall be endorsed to state that coverage shall not be
canceled, reduced in coverage or in limits except after thirty (30) days prior
written notice has been provided to the City, or in the event of cancellation
because of nonpayment of premium, that the insurer shall give written notice to
the City not later than ten (10) days following cancellation,
5.4 Insurance is to be placed with insurers with a Best rating of no less than A:VII.
Insurers must be duly authorized to transact business in the State of Texas.
5.5 Certificates of Insurance shall be submitted on the Acord form only. Certificates
and endorsements effecting coverage required by this clause shall be forwarded
to: Finance Manager, City of Colleyville, 100 Main Street, Colleyville, TX.
76034.
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Services Agreement for
Alann Management
5.6 Upon written request of the City, Contractor shall provide to the City
certified copies of all required insurance policies.
Article 6
Termination of Agreement
6.1 Grounds for Termination
6.1.1 The City shall inform in writing to Contractor, if Contractor fails to perform
its duties under this agreement with a ninety (90) days window to correct
the problem. Contractor shall remedy the problem within ninety (90) days
from the receipt of such notices. Should Contractor fail to remedy the
problem within ninety (90) days, the City may terminate this agreement.
6.1.2 The City may terminate this agreement any time after the first twelve (12)
months by giving ninety (90) days written notice to Contractor. The City
shall pay all that is payable under this agreement to Contractor until the
day Contractor stops providing services under this agreement.
6.1.3 Contractor's Fee Schedule and pricing for any and all Services to be
provided by Contractor to the City under this Agreement have been set,
established and agreed to be based upon the current provisions of
applicable City ordinances relating to alarms. Should said ordinances
change at any time during the term of this Agreement to reduce the
applicable fee, fines and charges, then the Contractor reserves the
express right to enter into good faith negotiations with the City to modify
the Fee Schedule and pricing accordingly. If, within thirty (30) days of
notice from Contractor to the City of its desire to so renegotiate, the parties
are unable to reach an agreement mutually acceptable to both parties,
then Contractor reserves the right to terminate this Agreement. Said
termination shall not be deemed to be a default by Contractor under this
Agreement, Contractor shall be paid all fees and costs due and owing
Contractor as of the date of said termination.
6.2 Effect of Termination
6.2.1 If this Agreement is terminated as provided herein, the City may require
Contractor to provide all finished and/or unfinished data and other
information of any kind possessed by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be
required to provide such information within fifteen (15) days of the request.
Specifically, in the event the City shall terminate this Agreement:
6.2.1a All data relating to alarm permits shall be owned by the City.
Upon termination of this agreement, Contractor shall deliver to
the City all data in MS-SQL format.
6.2.1 b. Contractor retains all right and title to the Application software,
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Services Agreement for
Alann Management
including but not limited to, all publication rights, all development
rights, all reproductions rights, and all rights that may follow from
the commercial development of the software. The City does not
acquire any ownership rights to the Application software. The
Software is protected in favor of PMAM, as well as any future
registered trademarks, are trademarks of PMAM.
6.2.1c. The proprietary software is considered loaned to the City during
the duration of this agreement as laid out in this contract and the
City will not have any access to PMAM's proprietary software
after the conclusion of the contract.
Article 7
Confidentiality of City /nformation
7.1 At all times, the Contractor shall recognize the City's sole and exclusive
ownership of all documents and information provided by the City or generated by
Contractor, based on information provided by the City relating to the basic and
special services, and the sole and exclusive right and jurisdiction of the City to
control the use of this information.
7.2 The Contractor agrees that neither it, or its employees, subsidiaries,
subcontractors, agents, or parent company shall disclose confidential
information, to any person or to anyone except as necessary to perform the
basic and special services under this agreement, without the expressed written
permission of the City or unless required to do so by law.
7.3 PMAM further undertakes that PMAM hosts and maintains all FAMS citizen data
on servers located and secured in the United States, and said data will not be
shared or released outside the United States. All of FAMS Citizen Service
Representatives are located in our offices in Irving, Texas, and Houston, Texas.
7.4 The Contractor shall further agree that in the event that any documents
containing confidential information should be improperly used or be removed in
any way from the possession or control of the Contractor or by anyone except
the City or authorized representatives, the Contractor shall immediately notify
the City orally and in writing, and shall join with the City at their request in taking
such reasonable steps as the City may deem advisable to enjoin the misuse and
regain possession of such confidential information, or steps otherwise necessary
for the protection of the City's rights and the confidentiality of the information.
7.5 The Contractor agrees to return any and all data furnished and information
derived hereunder promptly upon a request by the City and its authorized
designee.
5
Services Agreement for
Alann Management
Article 8
General Provisions
8.1 This Agreement and its attachments constitute the sole and only agreement
between the parties and supersede any prior understandings written or oral
agreements between the parties with respect to this subject matter.
8.2 PMAM may not assign this Agreement without the prior written consent of the
City. In the event of an assignment by PMAM to which the City has consented,
the assignee shall agree in writing with the City to personally assume, perform,
and be bound by all the covenants, and obligations contained in this Agreement.
8.3 Subject to the provisions regarding assignment, this Agreement shall be binding
on and inure to the benefit of the parties to it and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
8.4 This Agreement shall be governed by the laws of the State of Texas; and venue
for any action concerning this Agreement shall be in Dallas County, Texas.
8.5 This Agreement may be amended by the mutual written agreement of the parties.
8.6 In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not effect any other provisions, and
the Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in it.
8.7 Any notice required or permitted to be delivered hereunder may be sent by first
class mail or overnight courier to the address specified below, or to such other
party or address as either party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
City: City of Colleyville
100 Main Street
Colleyville, TX 76034
Contractor: PMAM Corporation
105 Decker Court #675
Irving, Texas 75062
8.8 This Agreement may be signed in counterparts, each of which shall
constitute an original.
6
Services Agreement for
Alann Management
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day of
City of Colleyville
in the year
By:
David Kelly, Mayor
Attest:
By:
Name:
Title:
Approved as to Form:
By:
Name:
Title:
7
PMAM Corporation
By:
Attest:
B y: _
Name:
Title:
Pankaj Kumar, CEO
Services Agreemei7t for
Alarm Management
Exhibit A
Scope of Work and Contract Requirements
Scope of Work:
It will be the Contractor's responsibility to provide, install, and operate the Professional
Services Alarm Management Services Program based on a"False Alarm Management
Solution" system hereafter referred to as a FAMS system and all other necessary
equipment and services on a"software as a service" basis. The Contractor shall
develop FAMS system interface to upload data from the City's Police Department's (PD)
Record Management System (RMS) and Geographical Interface System (GIS) Systems
as an integral part of maintaining compliance with the alarm ordinance. The Contractor
shall accurately convert all pertinent data downloaded from the City's current primary
alarm and accounts/receivable databases to populate the FAMS system. Effective
interfaces shall ensure that all parties share and benefit from the most current and
accurate information and do not cause any disruption to the City and PD's operations.
Contractor shall provide appropriate supplies and services including but not limited to;
Single point of contact and daily resident assistance
2. Maintenance of databases:
a. Alarm perm its
b. Permit Holders
c. Permit Holders with outstanding charges
d. Non permitted locations with outstanding charges
e. Address verification database
f. Provide real-time and tape transfer between FAMS and PD RMS system
3. Collection of payments in accordance with the rates established by the alarm
ordinance
4. Performance of all the billing in accordance with the City's alarm ordinance, as
may be amended from time to time by the City
5. Generation of the following reports including but not limited to:
a. New alarm permits issued and fees collected
b. Annual permit renewals billed and fees collected
c. Permits inactivated or revoked and reason for inactivation or revocation
d. Permits reinstated and reason for reinstatement
e. Number of false burglar alarms
f. Number of false burglar alarms billed and fees collected
s
Services Agreemei7t for
Alarm Management
g. Number of false robbery alarms
h. Number of false robbery alarms billed and fees collected
i. Number of reinstatement fees billed and fees collected
j. False burglary and/or robbery alarms for permit owners
k. False burglary and/or robbery alarms for non-permitted owners
I. Suspension or revocation Report for permit holders as per ordinance, if
applicable
6. System functionality to maintain the following critical dates:
a. Original permit issue date
b. Annual permit renewal date
c. Permit suspension date, if applicable
d. Permit reinstatement date, if applicable
e. Start date for new twelve (12) month period upon reinstatement of permit
revoked for excessive alarms if applicable.
f. Date and address of each false alarm.
7. System functionality to identify:
a. Permit holder
b. Non-permitted location
8. System functionality to capture the following information:
a. Permit number
b. Permit issue date
c. Permit expiration date
d. Permit type (residential / commercial)
e. Name of business or residential permit holder
f. S ite
1) Street address and zip code of property
2) Type of property (residential / commercial)
3) Telephone numbers
4) Contact persons (minimum of 2) and phone number(s)
5) Type of alarm system installed (burglary, panic, robbery)
g. Billing
1) Name
2) Full mailing address (includes zip code)
3) Contact person and phone number(s)
h. Permit Holder Responsible for Alarm
1) Name
9
Services Agreemei7t for
Alarm Management
2) Complete mailing address
3) Phone numbers
Name and telephone number of alarm monitoring company
Name and telephone number of company that installed the alarm system
k. Special Medical Concerns
Pet Information
9. System functionality to perform address validation against PD RMS database
10. System functionality to maintain an alarm company master file, which includes:
a. Assigned alarm company code number
b. Name, address, and telephone number of alarm company
c. Alarm company Manager's name and telephone number
11. System functionality to automatically generate a permit number
12. System functionality to generate renewal notices and second renewal notices
automatically within specified periods
13. System functionality to generate revocation notices based upon the City
ordinance
14. System functionality to generate notices to alarm users without permits
15. System functionality to generate notices to permit holders with one false robbery
or other manually activated alarm within a twelve (12) month period
~6. System functionality to maintain historical information on permit issuance
renewal, revocation and reinstatement on each property
17. System functionality to maintain current permit status information
18. System functionality to maintain incident count (true/false alarms) information on
each perm it
19. System functionality to perform search by permit holder and business name
20. System functionality to print permits
21. System functionality to interFace with PD RMS system as follows:
a. Transfer on line and/or via tape a skeleton version of entire registration
database from FAMS system to RMS including the following:
1) Permit number (or non-permitted identifier)
2) Name of permit holder
3) Location of permit holder
4) Permit status
5) Expiration date
6) Last false alarm incident date and time
10
Services Agreement for
Alann Management
7) Alarm type (i.e., burglar, panic, etc.)
8) False alarm incident count
b. Transfer on line and/or via tape incident records from RMS to FAMS
including:
1) Incident number
2) Priority
3) Call code
4) Disposition
5) Date
6) Time:
(a) Received
(b) Dispatched
(c) Arrived
(d) Cleared
7) Remarks
8) Site name and address
9) Reportee name, address, phone number
10) Dispatcher- employee number and terminal
11) Phone clerk - employee number and terminal
12) Cleared code and disposition (true/false)
13) Officer number
14) Unit(s) assigned
22. System functionality to make adjustments and/or corrections on fees at the
request of the City.
23. System functionality to make adjustments/corrections on fees relating to
accounting errors.
24. System functionality to generate incidents manually for a permit holder/non-
permitted holder
25. System functionality to issue notice to permit holders with excessive false
alarms.
26. System functionality to issue notice to non-permitted holders with false alarms.
27. System functionality to accept/establish temporary account numbers for non-
permitted holders who have incurred false alarm charges.
28. System functionality to transfer a temporary account number charges to a
permanent account permit number.
29. System functionality to maintain a table of fees in accordance with the City
alarm ordinance.
30. System functionality to generate renewal notices and second notices for active
perm its.
31. System functionality to determine false alarm charges based on the City
alarm ordinance.
11
Services Agreement for
Alann Management
Collection requirements and provisions:
PMAM will design, implement and maintain a system to serve as the billing and
collections agent and accounts receivable (A/R) manager for the City Alarm Program
Administration and Collection Service. The Contractor will provide all hardware,
software, materials, supplies, space, and staff resources as required. The system will
meet the following collection specifications:
1. Bill format will provide stub or appropriate remittance form to accompany
payment
2. Bill format, permit forms, envelopes and related correspondence will
identify the location of a Contractor staffed and maintained office so the
customer may have the ability to obtain direct answers to questions about
their bills and related false alarm system information
3. Bill content and other correspondence will provide instructions directing the
customer to call a Contractor maintained and staffed phone number to answer
questions about billing, bill status, and other false alarm system matters.
Questions concerning the validity of any response or action taken by an
employee(s) of PD regarding a specified alarm call will be directed to a
representative of the police department
4. All bills, correspondence and related matters will be approved by the City
5. Bills will be due in time lines specified in the ordinance and or rules and
regulations as appropriate
6. Records of bills will be retained by Contractor to apply to Account Receivable
system (A/R) to be maintained by Contractor
7. Contractor will develop an A/R file, which the City will have access to review at
any time
8. System functionality for the City to print a bill for customers wishing to make
payments at the walk in cashier location(s) of the City and to provide on-line
information to the Contractor regarding such payments so that Contractor can
maintain A/R file
9. Contractor will provide the ability for customer to pay on-line, by mail and via
walk-in cashier
10. Payments made by mail will be directed to a P.O. Box address in Irving, Texas
maintained and managed by the Contractor
11. Contractor system will track NSF or insufficient fund check occurrences and
occurrences where customer stop payments have been ordered.
12. Contractor will provide system for billing the customer for the appropriate NSF
or insufficient fund check fee charges and charges for stop payment situations
13. When applicable, the billing and A/R system will be integrated with the appeals
hearing functions to be developed by the Contractor in order to provide for
integration of abatements, appeals hearing results and other appeals process
adjustment to the A/R system
12
Services Agreement for
Alann Management
14. Within thirty (30) days of termination, or at the end of the contract period, the
City will in writing request to the Contractor; and the Contractor will then turn
over to the City; all records, files, database and related project information and
materials
15. System functionality to generate billing for alarm charges which includes the
following information:
a. Summary information:
1) Previous / past due amounts
2) New charges
3) Payments
4) Adjustments
5) New balance due
b. Detail information
1) Type of incident
2) Date
3) Time incident received
4) Reason / description of incident
5) Charge if applicable
16. System functionality to show all incidents and their associated charges
during the current billing period
17. System functionality to provide itemized balance forward capabilities on billings
18. System functionality to generate the following reports:
a. Exception listing of permitted/non-permitted, which have exceeded
established limitations. (i.e., false alarm limits)
b. Listing of permits by
1) Alarm company
2) Permit number
3) Site address
4) Business / Owner name
5) Police district
c. Listing of permit counts in all categories
d. Listing of outstanding charges (i.e., term expiration, false alarm frequency
fees reinstatement fees)
e. Monthly Alarm company roster
f. An incident exception report generated during daily incident update process
from RMS (i.e., missing or incomplete information)
g. Daily activity reports including
1) New permits
2) Renewal notices
3) Second notices
4) Account billings
5) False Alarm Incidents processed
13
Services Agreement for
Alann Management
Processinq:
The Contractor shall provide the services covered under this agreement and Scope
from its offices in Irving, Texas and make available hardware and software and services
necessary to establish and provide the Alarm Program Administration and Collection
Service. The computer system shall produce various notices including violations (finable
and not finable), and maintain appropriate data required.
Contractor personnel shall perform all work under this agreement and supply
appropriate supplies and services.
Contractor's Obliqation:
In addition to the above, the Contractor shall:
~. Maintain the proposed equipment, hardware, and software, documentation,
and support services for the equipment installed, including the timely
incorporation of all engineering changes
2. Ensure that all components of the system, which might be capable of corruption
by virus, are virus-free and that industry proven protection mechanisms are
provided
3. Supply the City with an interface document describing the type, size, location,
and medium of transfer from the City RMS
4. Defer to the City regarding the waiver of any false alarm fee incurred where there
is question about the validity of any response or action taken by an employee(s)
of the City regarding a specified alarm call
5. Send letter of violation of the City ordinance to alarm users without permits
6. In addition, the Contractor shall keep records as listed below:
a. Total violations per location by hour of day, day of week, week of month,
month of year, or year
b. Total payments received by day of week, week of month, month of year, or
year
c. Total number and dollar amount of delinquent offenders by category, both
for nonpayment and no permits
d. List of delinquent offenders by category, both for nonpayment and no
perm its
e. Statistical report of billing and collection by fee type
f. Statistical report of billing and collections by permit number
g. Statistical report of violation activity by permit number and disposition
h. Statistical report of revenue collected or billed by type (fine, late fee).
14
Services Agreement for
Alann Management
i. List of outstanding fees owed (not delinquent)
Total collections by payment date and incident or permit number.
k. Number and list pursuing appeals process through Alarm Review
Board/Appeals process at PD
I. Disposition of all appeals actions
m. Number and list for not finable violations by exception code
7. When possible, reports shall be produced based on the entry of variable
parameters. Threshold fields shall allow a specific date range or other criteria.
When possible, all report searches, shall allow for multiple parameters
8. Contact Tracking: The software shall allow personnel to record information
obtained as the result of telephone calls or other communication, regarding a
violation, permit status or informational change made to permit. This information
shall be attached to the violation and/or permit data as a contact history file. This
attached file shall record relevant data and include:
1) Date and time of contact
2) Contact's (caller) name
3) Brief comments
Traininq
1. The Contractor shall provide training for the City and Police Department
employees. Training shall be conducted in several sessions on an as needed
basis
Svstem Coordination
1. The Contractor shall coordinate with the City's Finance Department, Information
Services and the Police Department to develop a system that will allow walk-in
payments under the contract
~ The Contractor shall provide during the life of the contract on-going computer
hardware, software support and maintenance to ensure uninterrupted operation.
In the unlikely event of interruption, Contractor will make best efforts to restore
service within seventy-two (72) hours
~ The Contractor under this agreement shall establish and provide public
education, awareness and information regarding the City Professional Services
Alarm Management Program
15
Services Agreement for
Alann Management
Exhibit "B"
Pricing and Receipt of Collections
This is a revenue sharing contract. The Contractor shall retain the percentages listed in
the table below of all collections and remit the percentage balance listed in the table
below to the City for the total of the actual revenues generated and collected for the City
during the life of this contract including all adjustments for:
a. Alarm permit and renewal fees;
b. False alarms violation fee above a mandated limit;
c. Reinstatement fees;
d. Late fee for false alarms, permit fees and renewal fees
e. Other charges imposed by the City in relation to the City's Alarm
Program Management and Collection Services except for criminal
penalties.
Revenue Collected
(every year) City Percentage PMAM Percentage
$0-$100,000 65% 35%
$100,001 - $200,000 72% 28%
$200,001 - and above 81 % 19%
The Contractor shall provide and pay for all facilities, products, labor, materials,
maintenance, tools, delivery, transportation, and other facilities and services necessary
to implement the FAMS system and perform the work required under this contract. The
City will not accept any charges from the Contractor toward the provisions or operation
of this service except the revenue sharing portion proposed by the Contractor.
16
ALARM ORDINANCE COMPARISON
C~ Collevville Collevville
Southlake
Keller
Grapevine
Hurst
Bedford
Euless North Richland
Current Draft Hills
Whenwasthelasttimethe V1/2006 N/A 10/1/2008 2l1/2000 10/3/1995 V1/2005 notstated 8/1/2009 12I11I2006
ordinance was modified?
Section 9-5 of
Ordinance number #t0-O5-1544 #6~-05-1544 #788 and #OS-13 #498 #/95-77 #1934 10-2980 1863 the City Charter
Residential $30, $20 ($10
Residential alarm permit fee - $25 $25 $35 $50 $25 $25 $50 waived if 65+ Seniors) and $10
per alarm business $100 renewal
Is the permit fee a one-time annual annual annual one-time annual annual annual annual annual
charge or an annual fee
$200 for 1 st
What is the fine for not having conviction
up to $200 up to $200 not stated not stated not stated not stated not stated $250 2nd - 10th not stated
a permit? conviction
$500 thereafter
What are the false alarm limits 5 per 12 months 3 per 12 months 5 per 12 months 0-5 0-G annual limits not stated 3 per 12 months annual limits
before a fee is assessed?
tiered: tiered:
4-7 = $50 tiered:
What are the false alarms 1-3=free, 7-10=$50 1-3=free,
$'- $100 and 1-3=free,
$50 4-5=$50, $50 $50 10+ - 4-5=$50, not stated q_5=$50,
fees? 6-7=$75, suspension 6-7=$75, the permit may 6-7=$75,
g+-$100 8+-$100 berevoked g+=$~00
commercial yes
Is alarm registration required?
yes
yes
yes and residential
yes
yes
yes
yes
yes
15 days after
first alarm
Does the city offer a reduced
permit fee if there are no false no no no no no no no no no
alarm calls?
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ORDINANCE 0-11-XXXX
AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES,
EMERGENCY SERVICES, REGARDING ALARM SYSTEM PERMITS AND FEES,
PROVIDING DEFINITIONS, REQUIRING A PERMIT OF CERTAIN ALARM USERS;
PROVIDING A PERMIT FEE; PROVIDING SERVICE CHARGES FOR FALSE
ALARMS; PROVIDING FOR SUSPENSION OF A PERMIT; REGULATING ALARM
REPORTING AND OPERATION; PROVIDING FOR PROTECTION OF FINANCIAL
INSTITUTIONS; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville is authorized by the Texas Local Government Code
to regulate, by ordinance the use and operation of alarm systems; and
WHEREAS, the City of Colleyville is authorized by the Texas Local Government Code
to regulate, by ordinance the use and operation of alarm systems; and
WHEREAS, Subchapter F of Chapter 214 of the Local Government Code authorizes
the City to adopt alarm permit fees and false alarm penalties; and
WHEREAS, this Ordinance is being passed in full accordance with all requirements of
State law, including but not limited to Chapter 214 of the Local
Government Code; and
WHEREAS, the City of Colleyville City Council determines that the passage of this
Ordinance is in the best interests of the health, safety and welfare of the
public; and
WHEREAS, the number of false alarms responded to by the police department
personnel is substantial; and
WHEREAS, the City desires to reduce the number of false alarm notifications by
encouraging the proper operation and maintenance of the alarm systems.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Sec. 2. THAT Chapter 38 of the Code of Ordinances, Emergency Services, is
hereby amended in its entirety and replaced as follows:
Ordinance 0-11-XXXX
Page 2 of 10
Registration and Regulation of Residential and Commercial alarm systems
1. Definitions.
For the purpose of this section the following terms have the definitions
herein ascribed to them:
a. ALARM ADMINISTRATOR means the Chief of Police or his
designated representative who shall administer, control and review
False Alarm Reduction efforts and administers the provisions of this
Ordinance.
b. ALARM SITE means a residential or commercial premises or location
served by a General Alarm System of CATV Alarm System.
c. BURGLAR ALARM SYSTEM means a device or system that transmits
a signal intended to summon the Colleyville Police Department in
response to a burglary. The term includes an alarm that emits an
audible signal on the exterior of a structure. The term does not include
an alarm installed on a vehicle unless the vehicle is used for a
habitation at a permanent site or an alarm designed to alert only the
inhabitants within the premises.
d. BURGLAR/INTRUSION ALARM NOTIFICATION is a notification
intended to summon the police, which is initiated or triggered manually
or by a stimulus characteristic of unauthorized intrusion.
e. CHIEF means the Chief of Police of the City of Colleyville, Texas
f. CITY means the City of Colleyville, Texas
g. CITY ALARM SYSTEM means a device or system that transmits or
relays a signal by Community Antenna Television Cable, directly or
indirectly, intended to summon emergency police services of the City.
GENERAL ALARM SYSTEM and CATV ALARM SYSTEM do not
include:
1) an alarm installed on a vehicle unless such vehicle is
permanently installed at a permanent site;
2) an alarm designed to alert only the inhabitants of a premises;
or
3) a General Alarm System or CATV Alarm System owned by
the City.
h. FALSE BURGLAR ALARM means an alarm notification to the
Colleyville Police Department when the police respond within thirty
(30) minutes of the alarm notification and the responding police officer
Ordinance 0-11-XXXX
Page 3 of 10
finds from an inspection of the interior or exterior of the premises that
the alarm was false.
FALSE BURGLAR/INTRUSION ALARM NOTIFICATION means an
alarm notification to the police when the responding police officer finds
no evidence of unauthorized intrusion or attempted unauthorized
intrusion.
FALSE ROBBERY ALARM NOTIFICATION means a robbery alarm
notification to the police when the responding police officer finds no
evidence of a robbery or attempted robbery.
k. GENERAL ALARM SYSTEM means a device or system that transmits
or relays a signal, directly or indirectly, other than by Community
Antenna Television Cable, intended to summon emergency police
services of the City.
LOCAL ALARM means a General Alarm System of CATV Alarm
System that emits a signal at an alarm site that is audible or visible
from the exterior of a premise.
m. POLICE "ALERT" ALARM NOTIFICATION means an alarm notification
which does not differentiate between burglar/intrusion and robbery but
is intended to summon the police whenever a real and immediate
threat to life exists.
2. Permit Required, Application, Transferabilitv, False Statements.
a. A person commits an offense if they operate or cause to be
operated a General Alarm System or CATV Alarm System without first
obtaining an alarm permit from the Alarm Administrator. An alarm
permit may be obtained for the use of either a General Alarm System
or CATV Alarm System by the user or owner of either such alarm
system equipment.
b. Upon receipt of the completed permit application form and the alarm
permit fee, the Alarm Administrator shall issue a permit, unless there
is cause to believe the equipment responsible for initiating an alarm
will not be maintained and operated in accordance with this Ordinance
or the applicant will not comply with each provision of this Ordinance.
c. Each permit application must contain the name, address and
telephone number of the individual or alarm user representative who
will be the permit holder and be responsible for the proper
maintenance and operation of the General Alarm System or CATV
Alarm System.
Ordinance 0-11-XXXX
Page 4 of 10
d. An alarm permit cannot be transferred. However, the individual
designated to respond to an alarm or relay an alarm may be changed.
A permit holder shall inform the Alarm Administrator of any
change that alters information listed on the original permit application.
e. Any false statement or misrepresentation of a material fact made by
an applicant for the purpose of obtaining an alarm permit or renewal
or while making a change thereto, shall be sufficient cause for refusal
to grant, or suspension of a permit.
f. The alarm permit fee shall be twenty five dollars ($25.00).
3. False Buralar Alarm Fees
a. An alarm user shall be subject to fines, depending on the number of
false alarms within a calendar year, based upon the following
schedule:
Number of false alarms
1-3
4-5
6-7
8-9
10
Fines
$ 0
$ 50
$ 75
$100
$100 and Police response
revoked
b. If cancellation occurs prior to a police officer arriving at the scene, this
is not a False Alarm for the purposes of fines and no fines will be
assessed.
c. If it takes longer than thirty (30) minutes for a police officer to respond
to the Alarm Notification, this is not a False Alarm for the purposes of
fines and no fines will be assessed.
d. Notice of the Right of Appeal under this ordinance will be included
with any fines.
e. A permit holder shall pay a fee assessed under this Section within
thirty (30) days after mailing of notice that fee has been assessed.
The Alarm Administrator may suspend or refuse to renew a permit for
failure to pay the fee assessed.
f. The permit holder will be exempt from any fee charged for a false
alarm notification which is later shown to have been justified or which
was due to a natural or manmade catastrophe or other situation
specifically exempted by the Alarm Administrator (moved from section
6)
Ordinance 0-11-XXXX
Page 5 of 10
4. Other Tvpes of Alarms
a. A person shall not install or maintain a General Alarm System or
CATV Alarm System except for the purpose of eliciting responses to
burglaries, intrusions, robberies, real and immediate threat to life,
fires, water flow or requests for emergency medical assistance, unless
specifically authorized by the City.
b. From the effective date of this Ordinance, no permit for a Local Alarm
system shall be issued except for a Local Alarm system that either
emits a flashing white light, said white light not to exceed or violate the
standards contained in the Zoning Ordinance, that is tied directly into
a light at the front of the house or omits an audible signal that can be
heard within a radius of two hundred (200) feet from the exterior of the
house and cannot be heard outside of said two hundred (200) foot
radius. The outside exterior's audible signal shall cease after five (5)
consecutive minutes and be automatically reset after said five (5)
minutes.
c. If innovations in alarm systems or other types of alarm devices
adversely affect emergency police services of the City, the City may
promulgate rules and regulations in order to protect the City's
emergency police services.
5. Permit Duration, Renewal
a. A permit is issued for twelve (12) months and is automatically
renewed each year upon the payment of the alarm permit fee and
verification of information on file, provided no violations of this
Ordinance warrant suspension or non-renewal of the permit. If the
permit is not renewed and the alarm is still active, a late fee of ten
dollars ($10.00) will be assessed.
6. Reaortina of Alarm Sianals
a. A permit holder shall not report their alarm signal through a relaying
intermediary that does not meet the requirements of this chapter, and
any rules and regulations promulgated by the City, or is not licensed
by the State of Texas or the appropriate agency, board or department
thereof.
7. Proper Alarm Svstem Operation and Maintenance
a. A permit holder shall:
Ordinance 0-11-XXXX
Page 6 of 10
1) cause an adjustment to be made to the sensory mechanism of
their General Alarm System or CATV Alarm system in order to
suppress false indications, and
2) maintain premises containing a General Alarm System or CAN
Alarm System in a manner that does not inhibit proper operation
of the alarm system.
b. No alarm permit holder shall activate the General Alarm System or
CATV Alarm System to send an alarm notification to the police for test
purposes, unless the alarm permit holder first notifies the Alarm
Administrator or its representative, and the alarm company monitoring
control center, prior to the testing of the system that the signal is for
testing purposes only.
8. Reset Required
a. A user of a General Alarm system or CATV Alarm System that causes
an alarm notification to be sent directly to the City shall adjust or
cause the adjustment of the mechanism so that upon activation, the
system will transmit only one alarm signal and will not transmit
another alarm signal without first being reset in such a manner that it
will not automatically resound, unless there is an outside stimulus
characteristic of an unauthorized intrusion.
9. Revocation / Reinstatement of Permit
a. The Alarm Administrator may suspend or refuse to renew a
General Alarm System or CATV Alarm system permit for any violation
of this Ordinance.
b. The Alarm Administrator may suspend or refuse to renew an alarm
permit if a General Alarm System or CATV Alarm System generates
ten (10) False Robbery or Police Alert or Burglar/Intrusion Alarm
Notifications in any twelve (12) month period described in Section 3.
c. A revocation may be lifted or permit reinstated upon a sufficient
showing that the conditions which caused the action have been
corrected and if the Alarm Administrator determines that the
General Alarm System or CATV Alarm System is likely to be
maintained and operated in a responsible manner in accordance with
the provisions of this Ordinance.
d. The Alarm Administrator shall also have the authority to revoke an
alarm permit if:
1) An Alarm user fails to pay any fees or fines assessed in this
ordinance within thirty (30) days of being invoiced;
Ordinance 0-11-XXXX
Page 7 of 10
2) There is a statement of material fact known to be false in the Alarm
Permit application
3) The Alarm User has failed to submit a written certification from an
Alarm Installation Company that complies with the requirements of
this article, stating that the Alarm System has been inspected and
repaired (if necessary) and/or additional training has been
conducted by the Alarm Installation Company and/or
4) The Alarm User has ten (10) or more false alarms within a
calendar year.
e. If the Alarm Permit is reinstated pursuant to section 11, the Alarm
Administrator may again revoke the Alarm Permit, if it is determined
that three (3) False Alarms have occurred within the calendar year
after the reinstatement date. All false alarm fines after
reinstatement are $100.00 each.
10. Appeal From Denial or Suspension of a Permit
a. If the Alarm Administrator refuses to issue or reinstate a permit, or
suspends a permit, they shall send to the applicant or permit holder by
certified mail, written notice of their action and a statement of the right
to an appeal. The applicant or permit holder may appeal the decision
of the City to the City Manager by filing with the City Manager a written
request for a hearing, setting forth the reasons for the appeal, within
ten (10) days after receipt of the notice from the City The filing of a
request for an appeal hearing with the City Manager stays any action
of the Alarm Administrator in suspending or denying a permit until the
City Manager or their designated representative make a final decision.
If a request for an appeal hearing is not made within a ten (10) day
period, the action of the Alarm Administrator is final.
b. The City Manager or their representative shall serve as hearing officer
at an appeal hearing and consider evidence by an interested person.
The formal rules of evidence do not apply at an appeal hearing and the
hearing officer shall make their decision on the basis of a
preponderance of the evidence presented at the hearing. The hearing
officer must render a decision within thirty (30) days after the request
for an appeal hearing is filed. The hearing officer shall affirm, reverse
or modify the action of the Alarm Administrator, and their decision is
final.
11. Indirect Alarm Reportinq A person who is engaged in the business of
relaying alarm notifications to the Alarm Administrator shall:
a. Send notifications of an alarm to the Alarm Administrator by
human operator; unless such notification is by a direct computer
terminal;
Ordinance 0-11-XXXX
Page 8 of 10
1) keep their business premises in compliance with State law;
2) allow an inspection of their business premises by the Alarm
Administrator or their representative;
3) report alarms only over a special telephone number, or numbers
designated by the Alarm Administrator; and
4) send alarm notifications to the Alarm Administrator in a manner and
form determined by the Alarm Administrator.
12. Recorded Messaqe Alarm Notification Prohibited
a. No permit will be issued for the use of systems using automatic
telephone dialing to report an alarm condition by means of a recorded
message.
13. Workinq Specifications
a. CATV Alarm System alarm activation and deactivation panels may be
of a key or keyless configuration. They must be installed on the interior
of the structure. The system shall provide for variable entrance and exit
grace times which shall be incorporated into the unit.
b. No CAN Alarm System or General Alarm System shall be so designed
as to generate an alarm due to the premises or a particular area of the
premises not being secured at the time of attempted arming. The CAN
Alarm System shall utilize an internal audible alert signal to notify the
user that they have a programmed grace period in which to deactivate
the CAN Alarm System upon the user's entrance. In case of power
failure, all alarm circuits shall automatically convert to stand-by battery
supply, capable of supplying at least 12 hours of emergency power.
c. It is the duty of Installers of General Alarm Systems and CAN Alarm
Systems shall make the user aware that a permit must be obtained
from the police department.
d. The installer shall also instruct the user regarding the operation of the
system, including but not limited to, the criteria for use of the police
alert button device, stressing it is for the summoning of police only in
the event of a real and immediate threat to life.
e. The installer shall not install an alarm system contrary to the provisions
of this Ordinance. Alarm Systems that are installed contrary to the
provisions of this Ordinance are in violation of this Ordinance and the
installer is subject to the punishment phase of this Ordinance for each
day the alarm system is installed, and each day or portion of a day
thereafter are separate offenses until the alarm system adheres to the
provisions of this Ordinance.
Ordinance 0-11-XXXX
Page 9 of 10
f. Any keyless configuration activating or deactivating device which
contains only a single button to activate a police alert alarm shall
provide for a design of such equipment so that accidental activation will
not occur and that activation is a deliberate act.
g. Delay Diode Required CAN Alarm Systems and General Alarm
Systems shall include a delay diode which will be engineered so that
an alarm will not be sent due to momentary breaks in electrical current
caused by lightning.
h. All electrical equipment used for the installation of CAN Alarm Systems
and General Alarm Systems shall be Underwriters, Laboratories, Inc.
approved.
14. Violations, Corporations, Partnerships and Associations
a. A person, corporation, partnership or other association commits an
offense hereunder by commission or omission of any provision of this
Ordinance that imposes upon such person or entity a duty or
responsibility.
b. In addition to prohibiting or requiring certain conduct of individuals, it is
the intent of this Ordinance to hold a corporation, partnership or other
association criminally responsible for acts or omissions' performed by
an agent acting in behalf of the corporation, partnership or other
association and within the scope of his employment.
Sec. 3. THAT it shall be unlawful for any person, corporation, partnership or other
association to violate any of the provisions of this Ordinance, and any such
person, corporation, partnership or other association which violates a provision
of this Ordinance is guilty of a separate offense for each day or portion of a day
during which the violation is committed, continued or permitted, and each
offense is punishable by a fine not to exceed $200.
Sec. 4. THAT the ordinance or ordinances under which the cases currently filed and
pending in the municipal Court of the City of Colleyville, Texas, pursuant to
Section 38-1 of the Code of Ordinances shall be deemed repealed only when
all such cases filed and pending under such ordinance or ordinances have
been disposed of by final conviction or a finding of not guilty, nolo contendere
or dismissal and provided further that for the purposes of determining the
number of false Burglar, Police Alert or Robbery Alarm notifications.
Sec. 5. THAT if any section, paragraph, subdivision, clause or phrase of this Ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the
validity of this Ordinance as a whole or any part of any provision thereof other
than the part so decided to be invalid or unconstitutional.
Ordinance 0-11-XXXX
Page 10 of 10
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2011.
The second reading and public hearing being conducted on the day of
2011.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
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
Version: 1 Agenda Date: 05/03/2011
Requester: Office of the City Agenda No.: PC-5
Manager
File Name: Presentation of the Quarterly Capital Project Update
Attachments: Quarterly Capital Improvement Projects (CIP) Presentation.pdf
History of Legislative File
Status: Pre Council
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Presentation of the Quarterly Capital Project Update
Explanation
Currently, there are capital facility, park, street, trail, and utility improvements, which are in
the process of design or construction. This presentation will provide City Council an update
on the status of current capital projects as of April 2011.
City of Colleyville Page 1 Printed on 4/29/2011
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Key Information
.Provide additional space for basic services
.Move Children's Area to second floor
.Provide space for growth in collections
.Zone activities to minimize noise
.Create generous program/meeting space
.Create a teen area
.Leverage staff to highest and best use
Current Activity (as of April 2011)
•Project 90% completed
.Finishing tasks in progress: painting,
millwork, lighting and floor installation.
Public Library Second
Floor Expansion Project
Funding
.Project budget: $750,000
.Funding sources: FY2010 Colleyville Economic
Development Corporation Budget ($575,000) a
contribution from the Colleyville Public Library
Foundation ($195,000) and donations ($25,588)
Key Dates
•Design completion: 6/21/10
•City Council award of construction contract: 11/16/10
•Construction began: 1/5/11
•Construction completion anticipated: April 2011
•Furniture installation and move anticipated: May 2011
Staff Contacts
•Mary Rodne, Library Director, 817.503.1153,
mrodneCc~colleyville.com
•Jeremy Hutt P. E., City Engineer, 817.503.1095,
j h uttCc~col leyvi I le. com
Key Information
.Replacement of existing Kidsville
Playground at City Park built in 1993
.Provides a play area that meets safety
standards and guidelines
Current Activity (as of April 2011)
.Construction completed on time and within
budget
.Ribbon cutting ceremony held March 25,
2011
Kidsville Playground
Funding
. Project budget: $400,000
. Final ContractAmount: $399,900
. Funding source: Parks Tomorrow Fund
Key Dates
• City Council award of contract: 10/6/10 to PlayWell
Group
• Custom design completion: November 2010
• Construction began: January 10, 2011
• Construction completed: March 2011
• Ribbon Cutting: March 25, 2011
Staff Contacts
• Monica Sue Walsh, Parks and Recreation Director,
817.503.1182, mwalsh(a~colleyville.com
• Chuck Majors, Park Superintendent,
817.503.1184, cmajorsCc~colleyville.com
Key Information
. Provides connectivity with existing Cotton
Belt Trails in Grapevine and North
Richland Hills
. Provides connectivity at L. D. Lockett Park
to the Cotton Belt Trail
Current Activity (as of April 2011)
. Pre-construction meeting held October
2010
. Construction 90% complete
Cotton Belt Trail Phase 11
L.D. Lockett Trail
Funding
. Project budget: $1,010,270
. Funding source: FY 2010 Colleyville Economic
Development Corporation Budget ($100,000), Park
Land Dedication Fund ($162,670), and TxDOT
grant ($747,600)
Key Dates
• City Council award of contract: 8/17/10 to
Humphrey and Morton
• Construction began: November 29, 2010
• Construction completion anticipated: Late Spring
2011
Staff Contacts
• Monica Sue Walsh, Parks and Recreation Director,
817.503.1182, mwalsh(c~collevville.com
• Jeremy Hutt P.E., City Engineer, 817.503.1095,
jhuttCc~colleyville.com
Key Information
.Provides connectivity from Bransford Park
to the Cotton Belt Trail and with existing
trails in Grapevine and North Richland Hills
.Trail crossing at Cotton Belt rail line to be
completed with quad gate project
•Designed in-house south of Cotton Belt rail
line
Current Activity (as of April 2011)
.Coordinating an interlocal agreement with
The T for quad gates at Bransford Road
Webb House Trail
Funding
.Project budget: $190,000
.Funding sources: FY 2010 Colleyville Economic
Development Corporation Budget ($40,000), FY
2011 Colleyville Economic Development
Corporation EDCIP plan ($130,000), and Park
Land Dedication Fund ($20,000)
Key Dates
•Interlocal Agreement to be presented to City
Council: Summer 2011
•Design initiation anticipated: FY 2011
Staff Contacts
•Monica Sue Walsh, Parks and Recreation Director,
817.503.1182, mwalsh(a~colleyville.com
•Jeremy Hutt P. E., City Engineer , 817.503.1095,
j h uttCc~col leyvi I le. com
.Provides connectivity from The Village
(Mission Lane) to Bogart.
Current Activity (as of April 2011)
.The project is slated for design in FY 2011
•City staff is currently working with NCTCOG
for the possibility of grant funding for a
portion of the project
Pleasant Run Trail
(Bogart to Mission)
Funding
.Project budget: $503,000
.Funding sources: FY 2011 Colleyville Economic
Development Corporation Budget ($58,000 for
design), FY 2012 EDCIP plan ($168,000 for ROW
acquisition), FY 2013 EDCIP plan ($277,000 for
construction)
Key Dates
•Design initiation anticipated: FY 2011
Staff Contacts
•Monica Sue Walsh, Parks and Recreation Director,
817.503.1182, mwalsh(c~collevville.com
•Jeremy Hutt P. E., City Engineer , 817.503.1095,
j h uttCc~col leyvi I le. com
~ t~
~ ~~ - . _
.-
Key Information
•Promote a safe intersection for both
vehicular and pedestrian traffic
•Provide an intersection that will meet future
traffic needs
Current Activity (as of January 2011)
•Design is currently underway
(99%complete) by Burgess & Niple
•Right-of-way acquisition currently
underway
Pleasant Run Road and John
McCain Road Intersection
Improvements
Funding
•Project budget: $900,000
•Funding sources: Service Area II Impact Fees
($563,641), Water Impact Fees ($135,000), and
Tarrant County Bond Funds ($201,359)
Key Dates
•Preliminary study completed: 3/15/10
•Public meeting: 5/6/10
•City Council award of design contract: 7/16/10 to
Burgess & Niple
•Design completion anticipated: March 2011
Staff Contact
•Jeremy Hutt P.E., City Engineer, 817.503.1095,
j h uttCc~col leyvi I le. com
~
Key Information
•Promote a safe intersection for both
vehicular and pedestrian traffic
•Provide for the ability to apply for a Quiet
Zone Designation
Current Activity (as of April 2011)
•Draft Interlocal agreement with The T
currently under review
Rail Crossing Quad Gate
Improvements
Funding
•Project budget: $1,800,000
•Funding sources: $1,435,000 by Federal Grant
(administered by TxDOT / funding becomes
available in FY 2011) and a$359,000 local match.
It is anticipated the Fort Worth TransitAuthority
(The "T") will provide the local funding match.
Key Dates
•Interlocal agreement to be presented to City
Council: Spring 2011
•Design initiation anticipated: FY 2011
Staff Contact
•Jeremy Hutt P. E., City Engineer, 817.503.1095,
jhuttCc~colleyville.com
Key Information
•Project currently funded from
Pool/Brumlow to John McCain Road
•Project funding currently not available for
Hall-Johnson to Cheek-Sparger
Current Activity (as of April 2011)
•Design is 99% complete
•Right-of-way acquisition by TxDOT
currently underway (one outstanding
parcel)
•Utility relocation to begin Spring 2011
Colleyville Boulevard / State
Highway 26 Reconstruction
Phase 1
Funding
•Project budget -$11.08 million (Pool Road to John
McCain Road)
• Funding sources:
•Tarrant County: $4,000,000
•City of Colleyville: $5,070,000
•NCTCOG: $1,608,000
•TxDOT: $ 402, 000
Key Dates
•Project Let Date: August 2011
•Estimated Construction Completion: March 2013
Staff Contact
•Jeremy Hutt P.E., City Engineer, 817.503.1095,
i h uttCc~col leyvi I le. com
T ElCr4S
Key Information
•Relocation of existing water utility lines for
the proposed widening of Colleyville
Boulevard Phase I
Current Activity (as of April 2011)
•Municipal utility relocation plans complete
•Monthly coordination meetings are being
held by TxDOT
•Awaiting a preconstruction meeting prior to
commencement of construction
Colleyville Boulevard /State
Highway 26 Utility Relocation
Phase 1
Funding
•Project awarded at $236,271.60
•Funding source: Utility Fund available cash balance
Key Dates
• City Council award of contract: April 19, 2011 to
Champion Utility Construction
• Construction anticipated completion: August 2011
Staff Contact
•Jeremy Hutt P. E., City Engineer, 817.503.1095,
j h uttCc~col Ieyvi I Ie. com
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1
Agenda Date: 05/03/2011
Controlling Body: City Council
Requester: Office of the City
Manager
Agenda No.: PC-6
File Name: Presentation of the mid-year Fiscal Year 2011 budget update
Attachments: FY 2011 General Fund Budget vs. Projected.pdf
History of Legislative File
Final Action:
Version: Date: Acting Body:
Action Text:
05/03/2011 City Council
Title
Presentation of the mid-year Fiscal Year 2011 budget update
Explanation
General Fund Revenue Overview
The City has received $13,665,138 in General Fund revenue as of March 31, 2011. This
represents an increase of 0.42% compared to the second quarter of Fiscal Year 2010. The
nature of this increase is primarily due to the additional amount received in Franchise Taxes
and Licenses and Permits. The following paragraphs summarize in greater detail the
General Fund revenues by category and contain information about year end revenue
projections.
Ad Valorem Tax: Through March 31, 2011, the City has collected over 95.80% of current
ad valorem taxes due and collections are up 0.63% over the same time period last year.
Currently, it appears the projection of collecting 98% of the tax roll will be achieved at
September 30, 2011. Delinquent tax collections are ahead of Fiscal Year 2010 collections
and it appears that revenue projection will exceed budgeted projections by $11,000.
Franchises Tax: The annual electric franchise payments from Tri-County Electric and
Oncor Electric Delivery exceeded the budgeted amount by $10,249 and $49,130,
respectively. Due to a reduction of land phone lines, there is a slight decrease in the
revenues from AT&T. The franchise receipts from cable and Verizon telephone service are
currently tracking to exceed budget projections, but refuse collections are down due to lower
commercial usage. In the second quarter, the City received the Atmos gas franchise
payment, which also exceeded the budgeted amount by $36,513.
Sales Tax: Sales tax receipts received through March 31, 2011 total $798,097, a 3.67%
increase as compared to receipts through the second quarter of Fiscal Year 2010. Sales
City of Colleyville Page 1 Printed on 4/29/2011
Aaenda Briefinp Continued
tax received in February 2011, which covered holiday period sales, was down 1.24%
($3,733). This payment is usually the largest monthly allocation received during the fiscal
year. Sales tax received in April 2011 was up almost 6.78% as compared to the prior year.
Currently, mixed beverage tax is projected to be $6,500 more than budget, based upon
quarterly allocations received in October and January.
Fines: Fine revenue is down compared to the prior year. This is due to fewer citations
being issued through March 31, 2011 than last year. However, revenues from citations is
expected to meet the budgeted projection. Alarm revenue is up 27.62% over last year and
it also is trending to exceed the annual projection by $5,000.
Licenses and Permits: Overall, the City received 36% more than projected in License and
Permit revenues through the second quarter of Fiscal Year 2011. Building permit revenue is
up 21 % as compared to Fiscal Year 2010. The revenues include 38 new residential
building permits being issued compared to 361ast year. Revenues received from gas
permit fees to date represents a$60,000 increase over last fiscal year.
Charges for Service: Charges for Service revenue is approximately 4% higher than the
second quarter of Fiscal Year 2010. This increase is due to stronger ambulance collections
as well as an increase in Colleyville Center revenues. As of the second quarter, recreation
revenues are being deferred until after the activity or class has occurred causing a decrease
in revenues when compared to prior year. Engineering and inspection revenues for new
subdivisions have decreased, along with revenues from planning and zoning and plat fees .
The revenues from the reimbursement for weed mowing have also decreased due to
non-payment, however, over $19,000 in liens filed remain outstanding.
Miscellaneous / Transfers-In: Due to the decrease in investment interest rates to levels
around 0.55%, interest income is projected to be $20,OOOless than budgeted. This is offset
by the transfer-in from the Utility Fund being higher than projected due to Fiscal Year 2011
utility sales, which is the basis for the transfer.
Expenditures
General Fund expenses through March 31, 2011 are $203,538 less than the budgeted
projected expenditures. It appears expenses will not exceed budgeted or projected
revenues this fiscal year.
City of Colleyville Page 2 Printed on 4/29/2011
FY 2011 GENERAL FUND REVENUES - BUDGET VS. PROJECTED
FY O8 FY 09 FY 10 FY 11 FY 11
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED
GENERALFUND
AD VALOREM TAXES
5101-CURRENTTAXES 8,875,764 9,634,051 10,292,035 10,155,472 10,155,472
5102-DELINQUENT TAXES 62,479 77,127 77,417 63,000 74,000
5103-PENALTY&INTEREST 74,075 81,582 94,080 57,000 57,000
TOTAL AD VALOREM TAXES $9,012,318 $9,792,760 $10,463,532 $10,275,472 $10,286,472
FRANCH/SE TAXES
5201-ONCOR ELECTRIC 869,180 885,325 818,484 815,000 864,130
5202-TRI-COUNTY ELECTRIC 110,560 124,580 108,334 110,000 120,249
5203-ATMOS GAS 338,969 476,945 341,528 345,000 381,513
5204-AT&T 126,011 123,363 116,151 118,000 102,500
5205-VERIZON/OTHERS 51,172 46,378 43,822 44,000 47,000
5206-GARBAG E/R ECYCL I NG 125,363 124,741 126,550 126,000 122,000
5207-CABLE TV 196,806 236,106 312,195 265,000 275,000
TOTALFRANCHISETAXES $1,818,061 $2,017,438 $1,867,064 $1,823,000 $1,912,392
SALES TAX
5301-1 % SALES TAX 2,478,981 2,482,595 2,638,279 2,356,976 2,404,116
5302-MIXED BEVERAGE TAX 82,532 74,197 75,365 73,000 79,500
TOTAL SALES TAX $2,561,513 $2,556,792 $2,713,644 $2,429,976 $2,483,616
L/CENSES & PERM/TS
5411-BUILDING 679,452 391,956 348,471 348,924 375,000
5412-PLUMBING 77,248 43,657 42,271 43,257 47,000
5413-MECHANICAL 57,230 34,120 35,934 28,868 28,868
5414-ELECTRICAL 68,921 36,515 38,537 37,568 37,568
5416-CITY LICENSE 68,027 48,180 40,755 37,372 37,372
5417-BUILDING PLAN REVIEW FEE 133,171 60,736 66,555 59,753 59,753
5418-NEW BUSINESS 2,216 2,641 3,995 3,372 3,372
5419-ANIMAL 940 876 769 900 900
5420-SIGN PERMITS 8,035 6,010 5,140 5,463 6,500
5421-FENCE PERMITS 5,805 3,650 4,350 4,920 4,200
5423-FIRE PERMIT FEES 12,550 10,963 8,650 8,000 7,500
5424-IRRIGATION PERMIT FEES 0 6,997 11,705 10,214 11,500
5425-GAS AND OIL WELL PERMIT FEES 0 0 0 0 60,000
TOTAL LICENSES & PERMITS $1,113,595 $646,301 $607,132 $588,611 $679,533
F/NES
5611-FINES 1,050,522 892,725 1,087,155 825,000 825,000
5612-FINES-ALARMS 51,525 51,930 59,200 47,000 52,000
5630-LIBRARY FINES 28,494 25,872 27,473 23,124 23,124
TOTAL FINES $1,130,541 $970,527 $1,173,828 $895,124 $900,124
FY 2011 GENERAL FUND REVENUES - BUDGET VS. PROJECTED
FY O8 FY 09 FY 10 FY 11 FY 11
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED
GENERALFUND
CHARGES FOR SERVICES
5511-PLANNING AND ZONING 8,669 5,448 13,200 6,765 4,500
5512-PLAT FEE 20,918 16,485 3,265 4,988 2,757
5514-BOARDOFADJUSTMENT 1,375 625 3,250 1,250 1,250
5711-SALE OF MATERIAL 2,204 795 432 400 400
5712-WEED MOWING 6,948 7,218 13,353 14,770 7,000
5718-ANIMAL IMPOUNDMENT FEE 4,454 2,332 3,508 2,825 2,300
5721-AMBULANCE 253,018 236,389 236,067 240,000 250,000
5722-RECREATION PROGRAM 230,487 259,624 208,997 157,525 157,525
5811-ENGINEERING & INSPECTION 169,313 1,172 17,697 5,000 1,000
5812-CHGS & REIMBURSEMENTS 5,775 0 150 0 0
5845-LOT DRAINAGE INSP FEE 19,350 8,500 10,375 10,250 10,250
5855-FIELD USE CHARGE 18,720 23,085 21,485 20,500 21,500
5873-COLLEYVILLE CENTER FEES 259,152 237,964 189,030 200,000 205,000
5874-NON-RESIDENT FEE 24,170 22,840 21,440 26,000 22,500
TOTAL CHARGES FOR SERVICE $1,024,553 $822,477 $742,249 $690,273 $685,982
INTERGOVERNMENTAL REVENUE
5828-DARE OFFICER REIMB 85,517 89,792 89,793 89,792 89,792
TOTAL INTERGOVERNMENTAL REVENUE $85,517 $89,792 $89,793 $89,792 $89,792
M/SCELLANEOUS REVENUE
5714-SALE OF SURPLUS PROPERTY 0 30,639 65,306 3,000 7,000
5716-INTEREST INCOME 352,069 266,691 29,252 75,000 55,000
5719-MISCELLANEOUS 94,144 73,305 80,492 55,000 68,000
5832-ANTENNA LEASE 74,305 48,251 89,782 65,000 70,000
5867-LEASE PROCEEDS 0 0 981,238 0 0
5902-GRANT PROCEEDS 0 0 6,325 0 0
TOTAL MISCELLANEOUS REVENUE $520,518 $418,886 $1,252,395 $198,000 $200,000
TRANSFERS/N
5872-TRANSFER FROM UTILITY FD 661,936 816,297 857,621 816,297 858,879
TOTAL TRANSFERS IN $661,936 $816,297 $857,621 $816,297 $858,879
TOTAL GENERAL FUND REVENUES $17,928,552 $18,131,270 $19,767,258 $17,806,545 $18,096,789
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 05/03/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: PC-7 Final Action:
Secretary
File Name: Discussion of the May 3, 2011, City Council meeting regular agenda items
Attachments:
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Discussion of the May 3, 2011, City Council meeting regular agenda items
City of Colleyville Page 1 Printed on 4/29/2011
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: 05/03/2011
Requester: Office of the City Agenda No.: 1
Secretary
File Name: Executive Session - Legal - May 3, 2011
Attachments:
History of Legislative File
Status: Executive Session
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing
or action items on the agenda
Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of
Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves
and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of
Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v.
City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real
property for City facilities
Section 551.087 - Economic Development - Discuss and deliberate commercial and
financial information received from business prospects the City seeks to have locate, stay or
expand
City of Colleyville Page 1 Printed on 4/29/2011
RESOLUTION R-11-3355
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
MAY 3, 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 CityHall
~~ ~00~.~~ 100 Main Street
~~~ Colleyville, Texas 76034
~ ~ Agenda Briefing 817. 503.1000
www.colleyville.com
File Number: File Type: Announcements, Status: Announcements,
Proclamations and Proclamations and
Presentations Presentations
Version: 1 Agenda Date: 05/03/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: 3 Final Action:
Secretary
File Name: Announcements, Proclamations and Presentations - May 3, 2011
Attachments: Proclamation in recognition of Small Business Week 2011.pdf • Proclmation in recognition of
Public Service Recognition Week.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Small Business Week, May 16-20, 2011 - Economic
Development Director Marty Wieder and Counselor Tom Smith, Service Corps of Retired
Executives (SCORE)
Proclamation in recognition of Public Service Recognition Week, May 1-7, 2011 - Mayor
David Kelly and City Manager Jennifer Fadden
City of Colleyville Page 1 Printed on 4/29/2011
/
CITY OF
Colleyville,
- Texas
WHEREAS, each year
United States designates a week as
recognition of the small business
American economy;.and
since 1963, the President of the
National Smail Business Week in
community's contribution to the
WHEREAS, in 2011, N`ationai Small Business Week will honor the estimated 27.2
miilion small businesses in America; and
WHEREAS, small businesses are major contributors to the strength of the American
economy, creating 60-80 percent of new jobs in the country and more than
half of Americans either own or work for a small business; and
WHEREAS, small businesses drive innovation, create 21st century jobs and increase
U.S. competitiveness; and
WHEREAS, the U.S. Smail Business Administration will recognize the outstanding
contributions of srrlail businesses during Small Business Week 2011 in
Washington, D.C., on May 16-20, 2011.
NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, on behalf of the Colleyville City Council and citizens of
Colleyville, do hereby proclaim the week of May 16-20, 2011 as '
SMALL BUSINESS WEEK 2011
in the City of Colieyville and encourage our citizens to pat[onize the small
businesses in our City.
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Coileyville,
_ z Texas affixed this 3`d day of May 2011.
Colleyville,
- Texas
WHEREAS: Americans are served everyday by
public servants at federal, state, county and city levels; and
WHEREAS, Colleyville ~Sublic servants work with integrity and efficiency everyday to
provide our citizens with a diverse range of services; and
WHEREAS, many public servants, including military personnel, police officers, fire
fighters, health care professionals and others risk their lives each day in
service to the people of the United States; and
WHEREAS, public servants include our maintenance, utility, street, administrative,
financial, customer service, courts, permits, inspections and library
professionais, as well as police officers, fire fighters, management and
elected officials; and
WHEREAS, our quality of life is enhanced by the dedication of pubiic servants; and
WHEREAS, without our public servants at every level, our continuity would be
impossible in a democracy that regularly changes leaders and elected
officiais.
NOW, THEREFORE, I DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, do hereby prociaim the week of May 1- 7, 2011, as:
PUBLIC SERVICE RECOGNITION WEEK
in the City of Colieyville, and call upon all citizens to recognize the
contributions and accomplishments of our employees, our public servants,
who every day enhance our health, safety, comfort and quality of life.
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyvilie,
affixed this 3~d day of May, 2011.
~~~
May~ ~
C~
~~ty a~
~ ~
Tecas
RESOLUTION R-11-3356
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR CITY
COUNCIL MEETING OF MAY 3, 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 April 19,
2011
b. Approval of the minutes of the joint City Council, Planning and Zoning
Commission and Architectural Review Commission worksession of April 6,
2011
c. Approval of a Memorandum of Understanding between the Texas
Department of Transportation and the City of Colleyville regarding the
adoption of the Texas Department of Transportation's federally-approved
Disadvantaged Business Enterprise Program
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, April 19, 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 April 19, 2011, at 5:32 p.m.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan
Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly,
City Manager Jennifer Fadden, Assistant City Manager and Chief
Financial Officer Terry Leake, Police Chief Steve Dye, Fire Chief
Russell Shelley, Community Development Director Ron Ruthven,
City Engineer Jeremy Hutt, Library Director Mary Rodne, Librarian
Cindy Appleby, Economic Development Director Marty Wieder,
Marketing Coordinator Ashley Stathatos, Assistant Director of
Public Works Bill LeGrand, Human Resources Manager Elise
Welborn, Colleyville Center Manager Lin Przybyl, Finance Manager
Karen Hines, Strategic Services Manager Eric Ellwanger,
Communications and Marketing Director Mona Gandy, Parks and
Recreation Director Monica Walsh, Street Superintendent Jimmy
Brock, Information Services Manager Chris Pena, City Attorney
Matthew Boyle and City Secretary Cynthia Singleton were also
present.
Mayor Pro Tem Jon Ayers arrived at 7:10 p.m.
PC-1 Discussion of the Fiscal Year 2011 (FY 2011) Street Capital
Improvement Plan and other proposed street rehabilitations
Community Development Director Ron Ruthven reviewed the Fiscal Year
2011 Street Capital Improvement Plan and other proposed rehabilitation
projects and answered questions of the City Council.
Discussion ensued regarding the condition and rehabilitation of streets
that are not currently prioritized, the process for assessment and
selection of street projects, the potential need for re-establishment of a
Capital Improvement Project Committee and funding sources for the
street rehabilitation projects.
Street Superintendent Jimmy Brock provided information regarding the
costs of constructing asphalt streets and concrete streets.
City of Colleyville Page 1 Printed on 4/27/2011
City Council
PC-2
Minutes - Draft April 19, 2011
Discussion continued regarding the structural stability of asphalt and
concrete streets and the establishment of a tier structure to identify
arterial and residential streets.
City Manager Jennifer Fadden stated asphalt and concrete are not
interchangeable for rehabilitating roads.
It was determined that main thoroughfares should receive first priority as
staff proposes a new street assessment process and order of street
projects.
Annual Status Update of the Economic Development Strategic Plan
Economic Development Director Marty Wieder presented the Economic
Development Strategic Plan and answered questions of the City Council.
Director Wieder announced the Business Appreciation reception will be
held May 16, 2011, at 7:30 p.m. at the Colleyville Center.
Director Wieder announced the "Close Buy" campaign that encourages
residents and visitors to shop retailers and visit restaurants in Colleyville
via an interactive web site and includes a discount card program, and
stated the Chamber Nation platform for the program allows businesses
and restaurant owners to create a web site page, which includes
pictures, coupons and an on-line store to sell products and services.
Marketing Coordinator Ashley Stathatos provided information regarding
the Foundtown platform, which markets businesses with a company
profile and social media connections.
Discussion ensued regarding program costs and program marketing
efforts to local businesses.
Director Wieder spoke regarding a partnership with Dallas Baptist
University to develop a certification program for retailers and
restauranteurs.
Discussion ensued regarding the City's events, advertising efforts,
conference participation and opportunities to involve citizens in
economic development efforts.
Director Wieder provided information regarding the growth of the
healthcare industry in the City.
City of Colleyville Page 2 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
PC-3 Presentation and discussion of City of Colleyville branding logo
Economic Development Director Marty Wieder presented the logo
branding options.
City Council requested the logo include the horse that shows movement
and the head positioned up and extend the middle fence post to the
ground.
Staff will present the revised logo prototype on a future agenda for City
Council consideration.
PC-4 Presentation of the Monthly Financial Report - March 2011
City Manager Jennifer Fadden provided information regarding sales tax
revenue, property values, revenue projections and the home appraisal
protest period and process.
PC,5 Discussion of the April 19, 2011, City Council meeting regular agenda
items
There was no discussion of the regular agenda items.
Mayor Kelly adjourned the Pre Council meeting at 6:40 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on April 19, 2011, at 6:41 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, Fire Chief Russell Shelley, Community
Development Director Ron Ruthven, City Engineer Jeremy Hutt,
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
City of Colleyville Page 3 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
2
Section 551.071 - Legal - Discussion of pending litigation - Rahman
Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Raman
Chandler Properties v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease or value of real property for City facilities
Section 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand
Mayor Kelly explained that the Executive Session had been called in
accordance with the Texas Government Code Chapter 551, Subchapter
D, Section 551.071, Legal, Section 551.072, Real Estate and Section
551.087, Economic Development. He further explained that there would
be no decisions made or action taken during this time. The meeting was
recessed at 6:42 p.m. and reconvened at 7:45 p.m.
INVOCATION: Pastor Chris Rivera, Bear Valley Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-11-3350
Mayor Kelly read Resolution R-11-3350 in its entirety.
City Manager Jennifer Fadden stated this item is for City Council's
consideration of purchasing the Moore house at the corner of Glade
Road and Bluebonnet Road in Colleyville. The purpose of the purchase
is to protect a historical home and Colleyville's history and staff proposes
to move forward working with the Historical Preservation Committee for a
future renovation plan for the property. Following tonight's action, staff
will place an item on a City Council agenda to amend the Colleyville
Tomorrow Fund budget in order to appropriate the funds necessary to
purchase the property.
Mayor Kelly opened the public hearing.
City of Colleyville Page 4 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
There was no one present wishing to speak concerning this item.
Councilmember Taylor moved to approve Resolution R-11-3350.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Nay: 1 - Michael Muhm
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Mayor Kelly stated the Hoppin' Good Egg Hunt was a success on
Saturday, April 16, 2011, and expressed appreciation to staff for
coordination of the event.
Mayor Kelly stated a Bike Patrol officer was at the egg hunt event and
expressed appreciation to Police Chief Steve Dye for implementing the
Bike Patrol program.
Mayor Kelly invited the public to the annual Old Tyme BBQ event, which
supports the Special Olympics and is coordinated by the Police
Department. The BBQ will be held April 29-30, 2011 at the Colleyville
Center and includes a free fish fry and musical entertainment Friday
evening and Saturday, 11:00 a.m. to 4:00 p.m., the cooker's BBQ
competition and children, ages eight to 12, can participate in a chicken
cook-off competition.
Mayor Kelly invited children, ages 16 and under, who like to fish to the
annual Junior Angler's event on Saturday, April 30, 2011, at the
Colleyville Nature Center, 9:00 a.m. to noon.
Councilmember Wollin invited the public to the Colleyville Garden Club
Promenade Garden Tour, Sunday, May 1, 2011, 11:00 a.m. to 4:00 p.m.,
which features four private gardens and the heritage garden at the
historic Webb House. A raffle will be held at one of the homes and a
plant and tree sale and educational exhibit for the care of crepe myrtles
will be held at the Webb House. Tickets are available at Foreman's
General Store and Market Street and additional information is available
at colleyvillegardenclub.org.
Mayor Kelly recognized Colleyville business Moxie Scooters, 4117
Colleyville Boulevard and owner John Raimondi.
City of Colleyville Page 5 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
Mr. Raimondi spoke regarding the history of the store, the gas powered
scooters, accessories and service and invited the public to visit the store.
Mayor Kelly expressed appreciation to Mr. Raimondi for his presence in
Colleyville and encouraged citizens to test ride a scooter.
Mr. Doug Lawson, President, Baylor Regional Medical Center
recognized Detective Kevin Walling for going above and beyond duty to
insure the safety of a patient at the hospital and presen ted a Resolution
from the Board of Trustees at Baylor Regional Medical Center
commending Detective Walling for extraordinary efforts to protect the
community.
Chief Steve Dye expressed appreciation to President Lawson and the
Baylor Regional Medical Center Board of Trustees for recognizing
Detective Walling and stated Detective Walling provides a high level of
service every day.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3351
4a Approval of the minutes of the regular City Council meeting of April 5,
2011
4b Approval of a Memorandum of Understanding between the Texas
Department of Transportation and the City of Colleyville regarding the
adoption of the Texas Department of Transportation's federally-approved
Disadvantaged Business Enterprise Program
Mayor Kelly read Resolution R-11-3351 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item.
Councilmember Wollin moved to approve Resolution R-11-3351.
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
City of Colleyville Page 6 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-11-1793 Approval of Ordinance 0-11-1793 establishing school safety zones and
related speed limits within the City of Colleyville
Mayor Kelly read the caption of Ordinance 0-11-1793.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Hart moved to approve Ordinance 0-11-1793.
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
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3352 Approval of a Memorandum of Understanding between the Texas
Department of Transportation, North Central Texas Council of
Governments, Tarrant County, and the City of Colleyvi lle regarding
funding for the reconstruction of Colleyville Boulevard (SH26) from
Brumlow/Pool Road in the City of Grapevine to John McCain Road in the
City of Colleyv ille
Mayor Kelly read Resolution R-11-3352 in its entirety.
Community Development Director Ron Ruthven provided an overview of
the Memorandum of Understanding between the Texas Department of
Transportation, North Central Texas Council of Governments, Tarrant
County and the City of Colleyville for the reconstruction of Colleyville
Boulevard (SH26) from Brumlow/Pool Road in the City of Grapevine to
John McCain Road in the City of Colleyville and reviewed the
construction funding breakdown for Phase One of the project.
Mayor Kelly opened the public hearing.
City of Colleyville Page 7 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
Mr. David Dudziak, 2301 Wilkes Court, spoke in favor of the proposed
resolution and the importance of the redevelopment of Colleyville
Boulevard (SH26).
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding the length of segment of the project
located in the City of Colleyville, the boundary lines of Colleyville and
Grapevine, cost, funding sources and scope of the project.
Discussion ensued regarding the funding, timing and planning for the
reconstruction of the remaining segment of SH26 in Colleyville.
Councilmember Muhm commended Commissioner Fickes for stepping
up and doing all that he can for this project and for being an advocate for
the City in this process.
Discussion continued regarding the history and future of the SH26
reconstruction project and funding sources.
Councilmember Taylor moved to approve Resolution R-11-3352.
Councilmember Hall seconded the motion.
City Engineer Jeremy Hutt spoke regarding the right of way acquisition.
Discussion ensued regarding the breakdown of the cost for construction
of the segments of the project in the cities of Grapevine and Colleyville.
Mayor Pro Tem Ayers called the question.
The motion carried by the following vote:
Aye: 5- David Kelly, Carol Wollin, Stan Hall, Tom Hart, Mike Taylor
Nay: 2- Michael Muhm, Jon Ayers
6b R-11-3353 Approval of a construction contract with Champion Utility Construction,
for the Colleyville Boulevard (SH26) Utility Relocation Project, in an
amount not to exceed $236,271.60, and authorize the city manager to
execute the contract
Mayor Kelly read Resolution R-11-3353 in its entirety.
City Engineer Jeremy Hutt provided an overview of the construction
contract with Champion Utility Construction for the Colleyville Boulevard
City of Colleyville Page 8 Printed on 4/27/2011
City Council Minutes - Draft April 19, 2011
(SH26) utility relocation project.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding the right of way acquisition.
City Engineer Jeremy Hutt provided information regarding the
discrepancy in the amount of the bids for the project and references for
the Champion Utility Construction.
Councilmember Taylor moved to approve Resolution R-11-3353.
Mayor Kelly seconded the motion.
The motion carried by the following vote:
Aye: 5- David Kelly, Carol Wollin, Stan Hall, Tom Hart, Mike Taylor
Nay: 2- Michael Muhm, Jon Ayers
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Historical Preservation Committee Minutes - January 13, 2011
Senior Center Advisory Committee Minutes - January 20, 2011
Library Board Minutes - February 21, 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 APRIL 19, 2011 -
Reading and Public Hearing - Resolution R-11-3354
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.
City of Colleyville Page 9 Printed on 4/27/2011
City Council Minutes - Draft
The motion carried by the following vote:
April 19, 2011
Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 8:29 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 10 Printed on 4/27/2011
• City Hall
'~~~;,~,~. City of Colleyvi lle 100 Main Street
~f ~,4.~~~ I~~~ i`w Colleyville, Texas 76034
~~ M i n utes - D raft 817. 503.1000
' •• www.colleyville.com
Joint City Council, Planning & Zoning
Commission and Architectural
Review Commission Worksession
Wednesday, April 6, 2011 6:00 PM Central Fire Station
5209 Colleyville Boulevard
The Joint City Council, Planning and Zoning Commission and the
Architectural Review Commission worksession was called to order by
Mayor David Kelly on Wednesday, April 6, 2011, at 6:03 p.m.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Tom
Hart, Mike Taylor, Mayor David Kelly, Planning and Zoning
Commissioners Don Davis, Ron Rotthaus, David Wheelwright, Dave
Dudziak, Larry Knox, David Phelps, Chairman Jeff Byerly,
Architectural Review Commissioners Kevin Procaccino, Jeff
Ground, Curtis Young, Christina Keilson and Chairman Alan Greer
were present. City Manager Jennifer Fadden, Assistant City
Manager and Chief Financial Officer Terry Leake, Community
Development Director Ron Ruthven, Fire Chief Russell Shelley,
Temporary Senior Planner Jackie Reyff and City Secretary Cynthia
were also present.
Councilmember Stan Hall and Mayor Pro Tem Jon Ayers were
absent.
Architectural Review Commissioners Jim Makens and Gerald Ward
were absent.
2. Presentation and Discussion
2a Discussion of commercial
possible amendments to
6-Building Design
development and design standards and
the Land Development Code, Chapter
Community Development Director Ron Ruthven presented an overview
of the architectural guidelines for the commercial design standards,
which have been in place since 1995 and the proposed amendments to
Chapter 6, Building Design, which will enhance the current regulations
and add regulations to address current deficiencies.
Community Development Director Ruthven provided information
regarding the Comprehensive Assessment of the Development Review
Process.
City of Colleyville Page 1 Printed on 4/19/2011
Joint City Council, Planning & Minutes - Draft April 6, 2011
Zoning Commission and
Architectural Review Commission
Worksession
Director Ruthven reviewed the design rules categories of facade
articulation variables; vertical departure variables; shade coverage
variables; horizontal and diagonal roof planes variables; and fenestration
variables, presented current design examples and answered questions
of the City Council and Commission members.
Discussion ensued regarding the design sections, the formula for
calculating the design scores and the building design standards of other
cities.
Discussion continued regarding the proposed removal of the vertical
departure section and a rating structure to achieve balanced design
elements.
Director Ruthven proposed the addition of a new section called
Environmentally Friendly and Sustainable Design, which would allow up
to 10 points if the building was Leadership in Energy and Environmental
Design (LEED) certified.
Discussion ensued regarding the LEED certification as a design
standard, a weighted point system related to design standards, masonry
materials, color standards and design standards for multiple use
buildings.
Community Development Director Ruthven provided information
regarding the charge of the Architectural Review Commission and the
variance procedures.
Discussion continued regarding special design districts.
City Council requested detailed examples of buildings, which illustrate
the design standards and score.
Director Ruthven proposed a meeting be held in three months to present
examples of buildings and design standards.
3. Adjournment
There being no further discussion, Mayor Kelly adjourned the
worksession at 7:46 p.m.
City of Colleyville Page 2 Printed on 4/19/2011
Joint City Council, Planning & Minutes - Draft
Zoning Commission and
Architectural Review Commission
Worksession
April 6, 2011
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 3 Printed on 4/19/2011
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: Approved
Version: 1
Agenda Date: 05/03/2011
Controlling Body: City Council
Requester: Engineering Agenda No.: 4c Final Action: 04/19/2011
Department
File Name: Approval of a Memorandum of Understanding between the Texas Department of Transportation
and the City of Colleyville regarding the adoption of the Texas Department of Transportation's
federally-approved Disadvantaged Business Enterprise Program
Attachments: Memorandum of Understanding
History of Legislative File
Version: Date: Acting Body: Action Text:
1 04/19/2011 City Council
1 05/03/2011 City Council
Title
Approval of a Memorandum of Understanding between the Texas Department of
Transportation and the City of Colleyville regarding the adoption of the Texas Department of
Transportation's federally-approved Disadvantaged Business Enterprise Program
Explanation
Reading and Public Hearing
The Texas Department of Transportation (TxDOT) requires that all local governments that
participate in federally funded construction projects must have an executed Memorandum of
Understanding (MOU) in order to adopt the existing TxDOT federally-approved
Disadvantaged Business Enterprise (DBE) Program.
The Disadvantaged Business Enterprise Program (DBE) is a legislatively mandated United
States Department of Transportation (USDOT) program that applies to Federal-aid highway
dollars expended on federally-assisted contracts issued by USDOT recipients such as
TxDOT. The U.S. Congress established the DBE program in 1982 to:
• Ensure nondiscrimination in the award and administration of DOT-assisted contracts;
(DBE Program);
• Help remove barriers to the participation of DBEs in DOT-assisted contracts, (DBE
Program); and
• Assist the development of firms that can compete successfully in the marketplace
outside of the DBE program (DBE Supportive Services).
The DBE program ensures that federally assisted contracts for highway, transit and aviation
projects are made available for small business concerns owned and controlled by socially
City of Colleyville Page 1 Printed on 4/29/2011
Aaenda Briefinp Continued
and economically disadvantaged individuals. Section 1101(b) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU),
reauthorized the DBE program. The program is administered by the three administrations:
Federal Highway Administration (FHWA), Federal Transit Administration (FTA) and Federal
Aviation Administration (FAA), with the FHWA maintaining a significant stewardship role for
the program. Implementation of the DBE program has been guided by USDOT regulations
found at 49 CFR 26.
Federal Law mandates that all local governments receiving USDOT funds from
non-conventionally let projects must have federally approved DBE Program and comply with
the Federal Regulations 49 CFR Part 26.
In order to insure compliance with this federal mandate, TxDOT has initiated the
requirement that all local governments, which participate in a TxDOT federally funded
construction project, have an agreement in place that adopts the current TxDOT
federally-approved DBE program. This agreement does allow for the City of Colleyville to
develop their own DBE Program, which must be submitted to the FHWA for approval.
However, the FHWA recommends that sub-recipients such as the City adopt and operate
under TxDOT's existing federally approved DBE Program.
The administration of the requirements set forth within this MOU must be administered by a
TxDOT certified "Qualified Individual". The City of Colleyville currently has two employees
that have this certification and will oversee the compliance of this program. This MOU
applies only to projects that the City of Colleyville is a sub-recipient of federal funds through
Tx DOT.
This MOU will become effective upon execution by all parties and automatically renews
each year unless a party notifies the other parties of its intent to terminate the agreement .
This MOU may only be modified or amended by written instrument, signed by both parties .
The attachments reference in the Memorandum of Understanding may be viewed in the City
Secretary's Office.
Financial Impact
There is no financial impact to the City. Approval of the attached MOU will allow the City to
stay in compliance with federal law requirements and remain eligible to receive federal
transportation funds.
Recommendation
Approval
City of Colleyville Page 2 Printed on 4/29/2011
~ Form 2395
(Rev. O1 /1 1)
Page 1 of 6
D ysrtme f
- °"`~'~"'~"°" MEMORANDUM OF UNDERSTANDING
REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF
TRANSPORTATION'S FEDERALLY-APPROVED DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM BY THE C1TY OF COLLEYVILLE
This Memorandum of Understanding (MOU) is by and between the TEXAS DEPARTMENT OF
TRANSPORTATION (TxDOT), an agency of the State of Texas; and
TH~ C1TY OF COLLLYVILL~ , a political subdivision of the State of Texas.
Whereas, from time to tune TH~ C1TY OF COLLLYVILLL receives federal
funds from the Federal Highway Administration (FHWA) through TxDOT to assist
TH~ C1TY OF COLL~YVILL~ with the construction and design of projects
partially or wholly fiinded through FHWA; and
Whereas, TH~ C1TY OF COLLLYVILL~ , as a sub-recipient of federal funds,
is rec~uired by 49 CFR 26, to implement a program for disadvantaged business enterprises (DB~s), as
defined by 49 CFR 26 (DBL Pro~am); and
Whereas, TxDOT has impleinented a Disadvantaged Business ~nterprise Program (DB~
Program) that is approved by the FHWA pursuant to 49 CFR part 26; and
Whereas, certain aspects of TH~ C1TY OF COLL~YVILL~ 's
procurement of construction and design services are subject to review and/or concunence by TxDOT as
a condition of receiving federal funds fiom FHWA through TxDOT; and
Whereas, TH~ C1TY OF COLLLYVILL~ and TxDOT undertake substantially
similar roadway consnuction projects and design projects and construct and design their respective
projects using substantially the saine pool of contractors; and
Whereas, TH~ C1TY OF COLL~YVILL~ desires to unpleinent a federally
compliant DB~ Program by adopting the TxDOT approved progranl, as recominended by FHWA; and
Whereas, TxDOT and THL C1TY OF COLL~YVILLL find it appropriate to
enter into this MOU to memorialize the obligations, expectations and rights each has as related to
TH~ C1TY OF COLLLYVILL~ 's adoption of the TxDOT DB~'s Program to meet
the federal requirements;
Now, therefore, TxDOT and TH~ C1TY OF COLL~YVILLL , in consideration of
the mutual promises, covenants and conditions inade herein, agree to and aclcnowledge the following:
(1) TxDOT has developed a DBE Program and annually establishes a DBL goal for Texas that is
federally approved and coinpliant with 49 CFR 26 and other applicable laws and regulations.
(2) TH~ C1TY OF COLLEYVILLE is a s~ib-recipient of federal assistance for
construction projects and design projects and, in accordance with 49 CFR § 26.21, must coinply with a
federally approved DB~ Prograin. The TH~ C1TY OF COLL~YVILL~ receives its
federal assistance through TxDOT. As a sub-recipient, TH~ C1TY OF COLLLYVILL~
has the option of developing its own program or adopting and operating under TxDOT's federally
approved DB~ Program. The FHWA recomnlends that sub-recipients, such as
TH~ C1TY OF COLLLYVILL~ , adopt the DB~ prograin, administered through TxDOT,
and THL C1TY OF COLL~YVILLL by its prescribed protocol adopted the TxDOT DB~
Prograin as of the date when adoption occun-ed.
Form2395 (Rev.01/11)
Page 2 of 6
(3) This MOU evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DB~ Program by
TH~ C1TY OF COLL~YVILL~ to achieve its DB~ participation in federally assisted
Construction and Design Projects.
(4) The parties will worlc together in good faith to assure effective and efficient implementation of the
DB~ Program for THL C1TY OF COLLLYVILLL and for TxDOT.
(5) THL C1TY OF COLLLYVILL~ and TxDOT have agreed upon the following delegation
of responsibilities and obligations in the adminisnation of the DBL Program adopted by
TH~ CITY OF COLL~YVILL~ ~
(a) THL C1TY OF COLL~YVILLL will be responsible for project inonitoring and data
reporting to TxDOT. TH~ C1TY OF COLLLYVILL~ will furnish to TxDOT any
required DBL contractor compliance reports, documents or other information as may be required
from time to time to comply with federal regulations. TxDOT will provide the necessary and
appropriate reporting forms, to THL C1TY OF COLLEYVILL~
(b) TH~ C1TY OF COLL~YVILLE will recoinmend contract-specific DB~ goals
consistent with TxDOT's DB~ guidelines and in consideration of the local market, project size, and
nature of the good(s) or service(s) to be acquired. TH~ C1TY OF COLL~YVILL~ 's
recommendation may bc that no DB~; goals are set on any particular }~roject or portion of a projcct or
that proposed DBE goals bc modificd. TH~ C1TY OF COLL~YVILLL and TxDOT will
work together to achieve a mutually acccptablc goal, however, TxDOT will retain final decision-
making authority rcgardnlg DBE goals.
(c) TxDOT will cooperate wit11 _
timing and other requireinents of
THL C1TY OF COLLLYVILL~
TH~ C1TY OF COLL~YVILL~ in an effort to meet the
proj ects.
(d) TH~ C1TY OF COLL~YVILL~ will be solely responsible for the solicitation and
structuring of bids and bid documents to procure goods and services for its projects that use federal
funds and will be responsible for all costs and expenses incurred in its procureinents.
(e) The DB~s eligible to participate on TxDOT construction projects or design projects also will be
eligible to participate on TH~ C1TY OF COLL~YVILL~ construction projects or design
projects subject to the DBL Program. The DB~s will be listed on TxDOT's website under the Texas
Unified Certification Program (TUCP).
(f) THL C1TY OF COLL~YVILLE will conduct reviews and provide reports with
recoimnendations to TxDOT concerning any DB~ Prograin compliance issues that may arise due to
project specific requirements such as Good Faith ~ffort (GFL), Conunercially Useful Function
(CUF), etc. TH~ C1TY OF COLLLYVILL~ and TxDOT will work together to achieve a
inutually acceptable goal, however, TxDOT will retain final decision-inalcing authority on those issues
and reserves the right to perform compliance reviews. TH~ C1TY OF COLLEYVILL~
shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation
of federal DB~ regulations and its proced~~res for investigation of violations and assessment of
sanctions for documented violations. TH~ C1TY OF COLLLYVILL~ will require
contractors for its FHWA federally assisted projects to use the attached fonns as follows:
Form 2395 (Rev. O1 /1 1)
Page 3 of 6
Attachment 1 Disadvantaged Business ~nterprise (DB~) Program Coinminnent ngreeinent
Form SMS 4901
Attachment 2 DBE Monthly Progress Report Form SMS 4903
flttachinent 3 DBE Final Report Forin SMS 4904
Attachinent 4 Prompt Payinent Certification Fonn (Federal-air Projects) 2177
(g) THL C1TY OF COLLLYVILL~ will dcsignatc a liaison officer to coordinatc cfforts
with TxDOT's DB~ Program administrators and to respond to questions from the public and private
sector regarding TH~ C1TY OF COLLEYVILL~ 's administration of the DBE Program
thro~igh TxDOT.
(h) THL C1TY OF COLL~YVILLL will be responsible for providing TxDOT with
DB~ project awards and DB~ Commit~nents, monthly DB~ reports, DBE Final Reports, DBE
shortfall reports, and annual and updated goal analysis and reports.
(i) TxDOT will be responsible for maintaining a directory of firms eligible to participate in the
DB~ Program, and providing business development and outreach programs.
TH~ C1TY OF COLLLYVILL~ and TxDOT will worlc cooperatively to provide
supportive services and outreach to DB~ finns in THL C1TY OF COLL~YVILLL area.
(j) TH~ C1TY OF COLL~YVILL~ will submit DB~ seini-annual progress reports to TxDOT.
(k) THL C1TY OF COLLLYVILL~ will participate in TxDOT sponsored training
classes to include topics on Title Vl of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal
Setting for Construction Projects and Design Projects, DB~ Contract Provisions, and DB~ Contract
Coinpliance, which may include issues such as DB~ Cominirinents, DB~ Substitution, and Final
DB~ Clearance. TxDOT will include DB~ contractors perfoi7ning worlc on
TH~ C1TY OF COLL~YVILL~ projects in the DBL Lducation and Outreach Programs.
(1) The ~xecutive Director of THL C1TY OF COLL~YVILL~ will implement all federal
requirements, including those stated in Attachments A through F, which are incorporated as though
fully set out herein for all purposes.
(m) ln accordance with 23 CFR 200.1, TH~ C1TY OF COLL~YVILL~ shall develop
procedures for the collection of statistical data (race, color, religion, sex, and national origin) of
participants in , and beneficiaries of Sate highway programs, i.e., relocatees, unpacted citizens and
affected communities; develop a program to conduct Title Vl review of program areas; and conduct
annual reviews of special emphasis program areas to detennine the effectiveness of program area
activities at all levels. TxDOT, in accordance with federal law, inay conduct compliance reviews by
TxDOT's Office of Civil Rights (OCR).
(n) TH~ C1TY OF COLL~YVILL~
nttachment F.
will coinply with 49 CFR 26.29 as stated in
(6) ln the event there is a disagreement between TxDOT and TH~; C1TY OF COLL~;YVILLE
about the impleinentation of the TxDOT DBL Program by THL C1TY OF COLL~YVILL~
the parties agree to meet within ten (10) days of receiving a written request from the other party of a
desire to ineet to resolve any disagreement. The parties will inake good faith efforts to resolve any
disagreeinent as efficiently as is reasonably possible in consultation with FHWn. Non-coinpliance by
THL C1TY OF COLLLYVILL~ can result in restitution of federal funds to TxDOT and
withholding of further federal funds upon consultation with FHWA.
Form 2395 (Rev.01/11)
Page 4 of 6
(7) This MOU becomes effective upon execution by all parties and autonlatically renews each year
unless a party notifies the other parties of its intent to terininate the agreement.
(8) lf this MOU is tenninated for any reason, TH~ C1TY OF COLL~YVILL~ will be
allowed reasonable time in which to seek approval from FHWA for an alternative DB~ Program,
without being deemed non- compliant with 49 CFR Part 26.
(9) This MOU applies only to projects for which TH~ C1TY OF COLL~YVILL~ is a sub-
recipient of federal funds through TxDOT. THL C1TY OF COLLLYVILLL may also
implement a Minority and Wonlen-Owned Small Business ~nterprise (M/W/SB~) policy and program
that applies to projects for which it is not a sub-recipient of federal funds through TxDOT and which
are not subject to the TxDOT DB~ Prograin. THL C1TY OF COLL~YVILL~ may, at its
option, use some aspects of the TxDOT DBE Program and other similar pro~ams in implementing its
other policies and programs for its non-federally funded projects.
(10) The following attachments to this MOU are also incorporated as if fully set out herein for all
purposes:
Attachment A FHWA Memoranduin HCR-UHIF-1 (relating to access required by the Anlericans with
Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973);
nttachment B SP~C1nL PROV1S10N LOCAL GOVLRNM~NT / RM1~ / NON-STANDARD
CONTRt~CTS
Attachment C 49 CFR §26.13 (contract~ial assurances)
Attachment D DBL Program Compliance Guidance for Local Government ~gencies
Attaclmlent ~ FHWA Foi7n 1273
Attachment F Texas Department of Transportation (TxDOT) Disadvantaged Business ~nterprise
(DB~) Prograin with attachments as follows:
nttachment F 1 DB~ Regulations: 49 CFR Part 26
Attachment F2 DB~ Special Provisions 000-1966
Attachment F3 TxDOT's Organizational Chart
Attachment F4 Measurement and Paynlent Special Provision 009-007
Attachment FS Texas Unified Certification Program (TUCP) DBE directory
exainple and website address to the directory
Attachment F6 ~~ DB~ Goal Methodology
Attachment F7 DBL Bidder Certification
Attachment F8 DB~ Joint Checlc Approval Foi7n
Attachment F9 TUCP Standard Operating Procedures (SOP)
Attachment F 10 TUCP Meinorandum of Agreeinent (MOA)
Attachment F 11 ~ Fonns list
(11) The following procedure shall be observed by the parties in regard to any notifications:
(a) Any notice requued or pennitted to be given under this MOU shall be in writing and may be
effected by personal delivery, by hand delivery through a courier or a delivery service, or by
Form 2395 (Rev. O1 /1 1)
Page 5 of 6
registered or certified mail, postage prepaid, return receipt requested, addressed to the proper
party, at the following address:
THE C1TY OF COLLLYVILL~
NAM~
T1TL~
Hand Delivery:
ADDRLSS, C1TY, Z1P
Registered or Certified Mail (Return receipt requested):
11DDRLSS, C1TY, Z1P
TLXAS DLPARTMLNT OF TRnNSPORTnT10N
DB~ Liaison
Office of Civil Rights
Address: 125 ~. l lth Street
Austin, Texas 78701
(b) Notice by personal delivery or hand delivery shall be deenled effective iminediately upon
delivery, provided notice is given as required by Paragraph (a) hereof. Notice by registered or
certified mail shall be deeined effective three (3) days after deposit in a U.S. inailbox or U.S.
Post Office, provided notice is given as rec~uired by Paragraph (a) hereof.
(c) Either party hereto may change its address by giving notice as provided herein.
(12) This MOU may be modified or amended only by written instrument, signed by both
TH~ C1TY OF COLL~YVILL~ and the TxDOT and dated subsequent to the effective
date(s) of this MOU. ~xcept as authorized by the respective parties, no official, employee, agent, or
representative of the parties has any authority, either express or implied, to nlodify or amend this MOU.
(13) The provisions of this MOU are severable. lf any clause, sentence, provision, paragraph, or article
of this MOU, or the application of this MOU to any person or circumstance is held by any court of
coinpetent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality,
or unenforceability shall not impair, invalidate, nullify, or otherwise affect the renlainder of this MOU,
but the effect thereof shall be limited to the cla~ise, sentence, provision, paragraph, or article so held to
be invalid, illegal, or unenforceable, and the application of such clause, sentence, provision, paragraph,
or article to other persons or circumstances shall not be affected; provided, however,
TH~ CITY OF COLL~YVILL~ and TxDOT may mutually agree to terminate this MOU.
(14) The following provisions apply in regard to consnuction of this MOU:
(a) Words of any gender in this MOU shall be construed to include the other, and words in either
number shall be construed to include the other, unless the context in this MOU clearly requires
otherwise.
Form 2395 (Rev. O1 /1 1)
Page 6 of 6
(b) When any period of tiine is stated in this MOU, the time shall be computed to exclude the fust
day and include the last day of the period. lf the last day of any period falls on a Saturday, Sunday,
or national holiday, or state or county holiday, these days shall be omitted fronl the computation.
All ho~irs stated in this MOU are stated in Central Standard Tiine or in Central Daylight Savings
Time, as applicable.
(15) This MOU shall not be construed in any way as a waiver by the parties of any immunity froin suit or
liability that parties may have by operation of law, and the parties hereby retain all of their respective
affinnative defenses.
~X~CUT~D in duplicate originals by TxDOT and TH~ C1TY OF COLL~YVILLL
through each duly authorized official and effective on the latest date signed.
, acting
The signatories below confirm that they have the authority to execute this MOU and bind their principles.
T~XAS DLP~IRTM~NT OF TRANSPORT~1T10N THL C1TY OF COLL~YVILLL
By:
By:
Ainadeo Saenz, Jr. P.~. NAM~
Lxecutive Director T1TL~
Date: Date:
File Number: R-11-3357
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: R-11-3357
Version: 1
Status: Resolution
File Type: Resolution
Agenda Date: 05/03/2011
Controlling Body: City Council
Requester: Office of the City Agenda No.: 5a Final Action:
Manager
File Name: Authorization to expend $290,000 plus associated closing costs for the acquisition of the
property located at 1416 Glade Road from the Colleyville Tomorrow Fund
Attachments: Resolution R-11-3350.pdf • Resolution R-11-3357.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Authorization to expend $290,000 plus associated closing costs for the acquisition of the
property located at 1416 Glade Road from the Colleyville Tomorrow Fund
Explanation
Reading and Public Hearing
City Council approved the attached Resolution R-11-3350 on April 19, 2011, authorizing the
purchase of the property located at 1416 Glade Road, in an amount not to exceed
$290,000, plus associated closing costs. This residence, known as the Bidault House, was
designed and constructed by French native Anthelm Bidault and is recorded as a Texas
Historic Landmark (1980). Constructed in 1905, the Bidault House is located at the corner
of Glade Road and Bluebonnet Drive; this is the only structure in Colleyville that is
designated as a Texas Historic Landmark.
Financial Impact
Funds are available in the Colleyville Tomorrow Fund, in the amount of $1,507,190, as of
April 30, 2011. Utilizing $290,000 for the purchase of the Bidault House located at 1416
Glade Road would leave a remaining uncommitted balance of $1,217,190, exclusive of
closing costs.
Recommendation
Approval
City of Colleyville Page 1 Printed on 4/29/2011
RESOLUTION R-11-3350
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
APRIL 19, 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 City Council hereby authorizes and approves a real estate
acquisition, in the amount of $290,000, plus associated closing costs, for
property located at 1416 Glade Road.
AND IT IS SO RESOLVED.
APPROVED BY A V~OTE OF _~~ A S, NAYS AND _~ ABSTENTIONS
ON THIS THE ~' ~ DAY OF C~~ 2011.
ATTEST•
s~,~~
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~~
David Kelly
Mayor
RESOLUTION R-11-3357
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $290,000 PLUS
ASSOCIATED CLOSING COSTS FROM THE COLLEYVILLE TOMORROW
FUND FOR THE ACQUISITION OF THE BIDAULT HOUSE PROPERTY
LOCATED AT 1416 GLADE ROAD
WHEREAS, on April 19, 2011, the City Council approved Resolution R-11-3350
providing for the purchase of the Bidault House property located at 1416
Glade Road, in the amount of $290,000 plus associated closing costs; and
WHEREAS, the funding source for the property acquisition will be the Colleyville
Tomorrow Fund, as that fund was established for the funding of projects,
facilities and improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT funding, in the amount of $290,000 plus associated closing costs, is
authorized to be expended from the Colleyville Tomorrow Fund for the
acquisition of the Bidault House property located at 1416 Glade Road.
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
Date: ,5 -~' I ~ _ SPEAKER CARD
_~ I will speak In Support of this item.
I will speak In Opposition to this item.
I do not wish to speak, but please record my: ^support
^opposition
Agenda Item Number: ,C7L"~ . Ordinance/Resolution Number:~~.:
Name: ~~y A. ~ ~~~~
Address:
-- - , J ., ,
City: ( ~~ State: Zip Code~
~.__
Telephone Number: ~ ~~epresenting: '
(org i on/selfl
1 understand / am limited to speaking for five minutes.
For business not /isted on the agenda as a Public Hearing, City Council will not respond in
accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government
Code.
~'-, . _ J / _ .~
Signed:
This information is a~~hblic Record.
_. w,. ~.,.~..~,~,.~ , ~. _ „
Date: ~ " ~ - ~ ~ SPEAKER CARD
I, I will speak In Support of this item.
I will speak In Opposition to this item.
I do not wish to speak, but please record my: ^support
^opposition
Agenda Item Number: ~
Name: ~ .~/L ~
Address: ~~~ ~
Ordinance/Resolution Number:
C:C--
City: ~ v State Zip Code: ~~~Ty-~--~
Telephone Number: Representing:
(organization/selfl
I understand I am limited to speaking for five minutes.
For business not listed on the agenda as a Public Hearing, City Council will not respond in
accordance with the Texas Open Meetings Law, Chapfer 559 of the Texas Local Government
Code.
Signed: ~ l o(li-
,
This information is a P
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Report Status: Reports
Version: 1 Agenda Date: 05/03/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: 7 Final Action:
Secretary
File Name: Reports - May 3, 2011
Attachments: Sign Board of Appeals Minutes - February 8, 2011 • Planning and Zoning Commission
Minutes - March 28. 2011
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/03/2011 City Council
Title
Sign Board of Appeals Minutes - February 8, 2011
Planning and Zoning Commission Minutes - March 28, 2011
City of Colleyville Page 1 Printed on 4/29/2011
,,
~~~=~` ~ _ ~
~
r.:~.~_
Tuesday, February 8, 2011
7:00 PM
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
City Council Chambers
1. CALL TO ORDER
The Sign Board of Appeals meeting of the City of Colleyville was called
to order by Chairman McNosky on February 8, 2011 at 7:04 p.m.
2. ROLL CALL
Present: Board members Jim Gotcher, Ed Moore, Tracy Doyle, Dee
McNosky and Eric Hulet (Alternate 1) and John Okray (Alternate 2)
Absent: Board member Skip Reynolds
Staff Present: Ron Ruthven, Marty Wieder, Jackie Reyff and Amy
Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the January 11, 2011 meeting
minutes as written. Board member Gotcher seconded.
The motion carried by the following vote:
Aye: 4- Gotcher, Moore, Doyle, McNosky
Absent: 2- Reynolds, John Okray, Alt. 2
5. SWEARING IN OF NEWLY APPOINTED MEMBER
Amy Shelley administered the Oath of Office to Eric Hulet, Alternate 1.
6. PUBLIC HEARING AGENDA ITEMS
6a Case SC10-008 - PUBLIC HEARING - Request for a variance from the
sign regulations for a monument sign on Lot 1, Block 1 of the Tuscany
Addition located at 5850 Colleyville Boulevard
Jackie Reyff presented the case and briefed the Board members.
Lynn Bural, the applicant, came forward to present the case and brief the
Board members.
Chairman McNosky opened the public hearing at 7:10 p.m.
City of Colleyville
Minutes - Final
Sign Board of Appeals
City of Colleyville Page 1 Printed on 4/20/2011
Sign Board of Appeals Minutes - Final February 8, 2011
Board member Moore questioned the applicant regarding what is the
reason for the one foot variance as opposed to the 8 foot that is required
by code. Mr. Bural replied that the building is very close to the property
line and the placement request is so that the sign could be seen.
Board member Gotcher questioned staff regarding what is the distance
from the property line to the building. Ron Ruthven stated he would
check the file.
Board member Gotcher questioned Mr. Bural regarding what is the
motivation to put the sign on this side of the building. Mr. Bural replied
there are no signs on the side and there are multiple businesses in the
building and they have no advertisements for their location.
Board member Gotcher questioned Mr. Bural regarding if there is
advertisement anywhere on the building for these back businesses. Mr.
Bural replied no.
Board member Moore questioned Mr. Bural regarding the original
request was with metal only, no masonry, why the change now? Mr.
Bural replied staff recommended the masonry columns, however, he
stated the request is for an eight inch masonry columns as opposed to
18 inches as required by the code since the sign is smaller.
Board member Moore questioned Mr. Bural regarding if there will be a
monument sign on Colleyville Boulevard for these businesses. Mr. Bural
stated the existing monument sign has the businesses on it however; the
businesses are having difficulty with directions for patrons.
Board member Gotcher questioned Mr. Bural if the businesses are
advertised on the monument sign on Colleyville Boulevard. Mr. Bural
replied yes.
Board member Moore questioned Mr. Bural regarding if the one on
Colleyville Boulevard will remain. Mr. Bural replied yes.
Board member Moore stated the sign ordinance does not allow for two
signs on one property. Ron Ruthven stated they would be allowed to
have one sign per street frontage and in this case they could have one
located on Tuscany and one on Colleyville Boulevard. He further stated
that the variance request is for a one foot setback instead of the required
eight foot.
Board member Gotcher questioned staff regarding if the 18 inch base
requirement is required regardless of the size of the sign. Ron Ruthven
replied yes.
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Sign Board of Appeals Minutes - Final February 8, 2011
Board member Gotcher questioned staff regarding the distance of the
building from the property line. Ron Ruthven replied the building is 20
feet from the property line, right on the setback line.
Board member Gotcher questioned staff regarding if the sign met the
code as far as setback requirements, it would be more than 10 feet in
front of the building. Ron Ruthven stated the width of the sign is five feet
wide, counting the eight foot setback requirement; the sign would be
setback seven feet from the building.
Board member Moore questioned staff regarding if the applicant is
requesting two variances. Ron Ruthven replied yes and further
explained the spirit of Chapter 7-Sign Regulations.
Chairman McNosky questioned staff regarding if a sign, that met all of
the code requirements, would fit in the required set back. Ron Ruthven
replied yes.
Chairman McNosky questioned staff regarding if putting a sign that close
to the building would create a hardship, danger or any other violation .
Ron Ruthven replied no.
Board member Gotcher questioned staff regarding if the visibility triangle
is obstructed. Ron Ruthven replied no. He stated if the sign is left, like
shown on the exhibit, it may slightly encroach the visibility triangle, but he
could move it back about two to three feet. Mr. Bural stated he would
have it out of the visibility triangle.
Board member Gotcher stated it being unfortunate that the code does
not allow for a smaller sign with regards to the masonry requirements.
Board member Gotcher stated the hardship here is that the business
owners would like to have more visibility. Mr. Bural concurred.
Chairman McNosky stated understanding the smaller sign. Mr. Bural
discussed the subdivision signs for Tuscany.
There being no one wishing to speak, the public hearing was closed at
7:30 p.m.
Board member Gotcher moved to approve case SC 10-008 with the
understanding that the visibility triangle is not imposed. Board member
McNosky seconded.
City of Colleyville Page 3 Printed on 4/20/2011
Sign Board of Appeals Minutes - Final February 8, 2011
The motion failed by the following vote:
Aye: 3- Gotcher, Doyle, McNosky
Nay: 2- Moore, Hulet, Alt. 1
6b Case SC11-001 - PUBLIC HEARING - Approval of a request for a
variance from the sign regulations regarding sign height on Tract 3C1,
Abstract 963 of the A.J. Lott Survey located at 6607 Colleyville
Boulevard
Jackie Reyff presented the case and briefed the Board members.
Board member Moore questioned staff regarding if the sign was
approved. Ron Ruthven replied the setback variance was approved
however, the height variance was not approved.
Board member Gotcher questioned staff regarding why the applicant is
coming back. Ron Ruthven stated the applicant did not appeal this
request to City Council and since there was not an appellant action
done, they have the ability to reapply.
Lynn Bural, the applicant, came forward to present the case and brief the
Board members and stated the land owner stated the building is 10 feet
from the new property line, however, they determined that the marker
was between five and six feet in front of the building. He further
explained that the new sign would be about four feet behind the building
because of the property line.
Chairman McNosky opened the public hearing at 7:35 p.m.
Board member Moore questioned if the applicant received approval by
City Council. Ron Ruthven stated the Sign Board of Appeals approved
the variance request with regards to the location of the sign but not for
variance to the height.
Board member Moore stated not seeing the difference of the eight foot
versus the 12 foot. Mr. Bural stated the height will make the difference
in being able to see the sign coming from the south with cars parked in
front of it.
Board member Okray questioned Mr. Bural regarding if a wall sign could
be placed on the building instead of a monument sign.
Board member Hulet questioned staff regarding if there are any other
signs that are similar to this request. Ron Ruthven replied yes and
explained several locations that currently exist and variances that have
been granted by the Sign Board and by City Council.
City of Colleyville Page 4 Printed on 4/20/2011
Sign Board of Appeals Minutes - Final February 8, 2011
Board member Gotcher questioned staff regarding the bank that
requested a height variance and the Board denied that request. Ron
Ruthven replied yes and it was not appealed to City Council.
Board member Gotcher stated for clarity that the height issue is the only
request, this time. Ron Ruthven concurred.
There being no one wishing to speak, the public hearing was closed at
7:43 p.m.
Board member Hulet moved to approve case SC11-01. Board member
McNosky seconded.
The motion failed by the following vote:
Aye: 2- McNosky, Hulet, Alt. 1
Nay: 3- Gotcher, Moore, Doyle
7. ADJOURNMENT
The meeting adjourned at 7:44 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, February 4, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
The meeting minutes were approved on April 12, 2011.
City of Colleyville Page 5 Printed on 4/20/2011
~"'-~~ City of Colleyville
~~~~ ~ ~~`~ Minutes - Final
r.:~.,.;-.
Planning and Zoning Commission
Monday, March 28, 2011 6:15 PM
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
City Council Chambers
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS
MEETING MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON
PAST AGENDA ITEMS
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D,
City Attorney Michael Kallas explained that the Executive Session had
been called in accordance with the Texas Government Code, Chapter
551, Subchapter D, Section 551.076, Deliberate security personnel,
devices and audit. He further explained that there would be no decisions
made or actions taken during this time. The meeting was recessed at
6:51 p.m. into executive session and reconvened into open session at
7:05 p.m.
7:00 P.M. - REGULAR MEETING
1
CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on March 28, 2011 at 7:08 p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright,
Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Jackie Reyff,
Rob McKeown and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Davis.
4
PLEDGE OF ALLEGIANCE
City of Colleyville Page 1 Printed on 4/26/2011
Planning and Zoning Commission Minutes - Final March 28, 2011
5. APPROVAL OF MINUTES
Commissioner Rotthaus moved to approve the January 24, 2011
meeting minutes with the grammar corrections. Commissioner Davis
seconded.
The motion carried by the following vote:
Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. PUBLIC HEARING AGENDA ITEMS
7a Approval of a request for a replat of 3.6 acres on Tract 2B03, Abstract
239 of the CC Doss Survey located at 2800 Glade Road and 0.8 acres
on Lot 9, Block 4 of the Ashmore Addition located at 2803 Highgrove
Court, Case PC11-002
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:14 p.m.
There being no one wishing to speak, the public hearing was closed at
7:14 p.m.
Commissioner Phelps questioned Mr. John Staab, the applicant,
regarding the frontage of the property. Mr. Staab replied more than likely
they will have the frontage on Glade Road and the extension on the
Highgrove side will be a secondary entrance.
Commissioner Phelps questioned Mr. Staab regarding if there are any
traffic concerns on Glade Road. Mr. Staab replied that they did not have
any concerns for traffic with regards to entrance to the property.
Commissioner Phelps questioned Mr. Staab regarding if there will be
only one residence on the subject property. Mr. Staab replied yes.
Commissioner Davis questioned Mr. Staab regarding if the new structure
will be faced on Glade Road. Mr. Staab replied yes.
Commissioner Phelps moved
Commissioner Rotthaus seconded.
to approve case PC11-002.
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Planning and Zoning Commission Minutes - Final March 28, 2011
The motion carried by the following vote:
Aye: 6- Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly
Nay: 1 - Dudziak
7b Approval of a request for a replat on 1.3 acres on Lot 1, Block 1, of the
White Addition located at 309 Lloyd Circle, Case PC11-003
Jackie Reyff presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:18 p.m.
There being no one wishing to speak, the public hearing was closed at
7:18 p.m.
Commissioner Phelps questioned staff regarding clarification on the
zoning district for the properties. Jackie Reyff replied the properties are
zoned R40-Single Family Residential.
Commissioner Byerly moved to approve case PC11-003. Commissioner
Dudziak seconded.
The motion carried by the following vote:
Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
7c Approval of a request for a Special Use Permit for a Package (Liquor)
Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205
Colleyville Boulevard, Case ZC11-004
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding the future expansion of
SH26; will there be a dedicated left turn lane or a median? Ron Ruthven
replied the future expansion shows a median in front of the property.
Commissioner Byerly opened the public hearing at 7:24 p.m.
Lanny Wilkinson, 3724 Lakeridge Drive, Grapevine, the applicant, came
forward to present the case and brief the Commissioners.
Commissioner Dudziak questioned Mr. Wilkinson regarding if there are
any cross access agreements planned to the adjacent property for any
future development. Mr. Wilkinson replied he has not had that
discussion with the adjacent property. He stated he spoke with the Fire
Marshal and the Fire Marshal stated the driveway and access will have
to meet code requirements. He stated he could work with the adjacent
property but does not know, at this time, and that he does not have an
City of Colleyville Page 3 Printed on 4/26/2011
Planning and Zoning Commission Minutes - Final March 28, 2011
issue with the requirement in the ordinance. Ron Ruthven stated the
point of the cross access easement is to allow ingress and egress
options. Mr. Wilkinson qu estioned staff if the easement is something
that has to be done now or can this be something done in the future with
new development? Ron Ruthven replied it can occur with new
development.
Commissioner Rotthaus questioned Mr. Wilkinson regarding if there will
be multiple entrances to the building. Mr. Wilkinson stated there will be
three points of entry, with the primary entrance in the back.
Commissioner Phelps questioned Mr. Wilkinson regarding what defines
the use and purpose of the future building. Mr. Wilkinson stated the
future building is to be constructed if the package store is successful to
maximize the use of the property.
There being no one wishing to speak, the public hearing was closed at
7:45 p.m.
Commissioner Rotthaus stated having issues with the public safety of
this location because of the entrances on the back side. He further
stated that the police will not have visibility to the back of the store. He
questioned staff if this causes police any concern? Ron Ruthven stated
the police department did a review at the time of the Development
Review Committee review. He stated they like the point of sale being
visible from a window and this proposal indicates the point of sale is by a
window.
Commissioner Rotthaus questioned staff if there are any concerns for
the layout of the store? Ron Ruthven stated he did not receive any
concerns from the police department for the proposed layout of the
store.
Commissioner Phelps questioned staff regarding what would be the
process if the applicant came back for the Commissioners to look at the
future building. He further questioned staff regarding if the proposed
building should be included in the proposed ordinance. Ron Ruthven
stated if the applicant wanted to use this building as part of storage for
the proposed package store for a distributor permit, they would need to
come back and amend the SUP. He stated the property is currently
zoned CC3 and an accessory building could be built to use as storage.
He further stated that if the applicant wants to include that building in the
proposed ordinance, they will need to provide specifics to the purpose of
the building and a time line for construction of the building. He stated
the building, as proposed, does meet the design requirements.
Commissioner Phelps questioned staff regarding if this case should be
City of Colleyville Page 4 Printed on 4/26/2011
Planning and Zoning Commission Minutes - Final March 28, 2011
tabled until a schedule can be presented for the proposed building or
can this be something that the Commissioners can approve with the
condition that the schedule is presented to City Council. Ron Ruthven
replied either way.
Mr. Wilkinson stated he can just remove the future building from the
request. He further stated that he would be satisfied with having to come
back and request an amendment.
Commissioner Dudziak questioned Mr. Wilkinson regarding if there are
three entrances to the building. Mr. Wilkinson replied correct.
Commissioner Dudziak questioned Mr. Wilkinson regarding if he plans to
utilize all three entrances. Mr. Wilkinson replied yes.
Commissioner Dudziak questioned staff if the police department
approved the three entrances. Ron Ruthven replied yes.
Mr. Wilkinson assured the Commissioners that he will have a lot of
security cameras.
Commissioner Dudziak questioned Mr. Wilkinson regarding if someone
orders something online, can they pick the items up in the covered
loading area? Mr. Wilkinson replied yes, they will have to show their
picture identification and the credit card which was used to purchase
those items.
Commissioner Dudziak stated not being comfortable with the three
entrances and exits; the non-drive thru drive thru, and the need to have a
cross access easement with the adjacent property. He stated he would
like to have these issues clarified before moving this to City Council.
Commissioner Phelps stated being satisfied with what is presented. He
stated there is a difference between the drive thru and the covered
loading area. He stated he would like to see the cross access easement
added to this. He stated if the future building is not included in this
proposal, he stated being comfortable with leaving it that way for the
applicant to present at a future time.
Commissioner Byerly concurred with Commissioner Phelps and stated
that the covered area is not a drive thru, it is a pickup area. He stated
cars are not going to be cueing up to get a six pack, those orders will
probably be more substantial than that. He stated he does see the need
for the cross access easement. He further stated he does not see what
difference it makes with having multiple entrances and exits; if there is a
robbery, the suspect will have to exit onto Colleyville Boulevard just the
same if there was only one entrance to the building.
City of Colleyville Page 5 Printed on 4/26/2011
Planning and Zoning Commission Minutes - Final March 28, 2011
Commissioner Phelps stated, in the covered area, signage could be
posted which states "Prepaid Pick-Up Only" and this could be added to
the proposed ordinance.
Commissioner Dudziak questioned staff regarding if there is to be a clear
line of sight to each of the entrances, according to the crime prevention
materials added by the Police Chief. Ron Ruthven concurred.
Commissioner Dudziak stated elevators and refrigerators block the rear
entrance.
Commissioner Byerly stated that was not his understanding of those
requirements. He stated he understood that a clear line of sight to the
point of sale could be viewed from a squad car through a window or
door. Ron Ruthven stated yes, the crime prevention guidelines require
that there should be a clear line of sight to the point of sales area. He
further read the section of the crime prevention requirements.
Commissioner Dudziak stated then a clear line of site should be for both
the cashier and the police. Ron Ruthven concurred. Ron Ruthven
further stated the police department has a comfort level of their
acceptance of the request.
Commissioner Dudziak stated the safety of this proposal needs further
evaluation from the police department.
Commissioner Dudziak moved to table case ZC11-004. Commissioner
Rotthaus seconded.
The motion to table failed by the following vote:
Aye: 2 - Dudziak, Rotthaus
Nay: 5- Knox, Wheelwright, Davis, Phelps, Byerly
Commissioner Byerly moved to approve case ZC11-004 with the
following conditions: 1. A mutual access easement; 2. signage on
drive through clearly marking "Prepaid Pick up Only". Commissioner
Phelps seconded.
Commissioner Dudziak questioned Mr. Wilkinson regarding if there have
been any spills or environmental issues on this property. Mr. Wilkinson
stated not to his knowledge. He explained that a Phase I inspection had
been conducted for the financing of the property. He further defined a
Phase I inspection.
Robert McKeown, Fire Marshal, stated he wants to be sure that the
building and the site has not been contaminated. He stated there may
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Planning and Zoning Commission Minutes - Final March 28, 2011
have been spills but he wants to make sure that the site is safe.
Commissioner Byerly questioned Rob McKeown regarding if he has the
ability to go in and inspect this facility by using the building, fire and Land
Development Code tools. Rob McKeown replied that the fire code
allows him to be able to go in and inspect for spills and have the property
owner take care of those spills. He stated he can rely on a third party
inspection that documents any spills and how to clean those spills. He
further stated that he understands that there may have been spills.
Commissioner Dudziak questioned Rob McKeown if he is comfortable
and satisfied with the site. Rob McKeown replied he has not seen the pit
(basement of the building) and has not done an inspection.
Commissioner Dudziak questioned Rob McKeown regarding if he has
inspected the rear of the property for storage containers or spills. Rob
McKeown replied he has not inspected the rear of the property or has
reason to believe that there have been spills there. He further stated
that he wants someone licensed by the State of Texas to inspect and
certify the inspection of the property. He stated permits can not be
issued unless the site is "clean".
Commissioner Dudziak stated this is another open area that leaves this
project incomplete and not ready for City Council.
Commissioner Phelps questioned staff regarding if this Phase I
inspection would be done prior to the approval of the proposed
ordinance or if it can be done during the inspection process. Ron
Ruthven stated these are state and federal requirements and are not
typically something staff would consider during the zoning process. He
stated this would be something taken care of during the permitting
process. He further stated that the Fire Marshal has the authority to
request anything he may need during that process.
Commissioner Byerly stated the Fire Marshal has all of the tools he
needs to either inspect the site or have someone inspect it.
Commissioner Dudziak questioned staff regarding who has the authority
to inspect; the State, the Fire Marshal or Code Enforcement? Ron
Ruthven replied if the inspection is required by the proposed ordinance,
then it shall take place, otherwise, this issue would be taken care of
through staff's recommendations at the time of the building permit
process. He further recommended that it not be part of the proposed
ordinance since the Fire Marshal has the authority to have the
inspections completed.
Rob McKeown assured the Commissioners that he has the authority to
City of Colleyville paye 7 Printed on 4/26/2011
Planning and Zoning Commission Minutes - Final March 28, 2011
have the property owner clean up any spills. He stated prior to the
issuance of any building permits, he wants to see a report that states the
site is either "clean" or "dirty". He stated if the site is "dirty", he wants the
site to be "clean".
Commissioner Dudziak questioned staff regarding if that is the intent, to
have the property inspected? Rob McKeown replied yes.
Commissioner Byerly restated the motion: Commissioner Byerly moved
to approve case ZC11-004 with the following conditions: 1. A mutual
access easement to both adjacent properties; 2. signage on the drive
through area to clearly marking "Prepaid Pick up Only". Commissioner
Phelps seconded.
The motion carried by the following vote:
Aye: 5- Knox, Wheelwright, Davis, Phelps, Byerly
Nay: 2 - Dudziak, Rotthaus
8. ADJOURNMENT
The meeting adjourned at 8:26 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, March 11, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
The meeting minutes were approved on April 25, 2011.
City of Colleyville paye g Printed on 4/26/2011
RESOLUTION R-11-3358
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
MAY 3, 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