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Home My WebLink AboutCity Council-Agenda Packets-4/11/2012G�� Y UF � COLLEYVTLLE rI; \ �~ City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, April 11, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation of Gas and Electric Rates in Texas PC-2 Proposed revisions to the City of Colleyville Water Conservation and Drought Contingency Plan PC-3 Northeast Trunked Radio Consortium update PC-4 Discussion of the April 11, 2012, City Council regular agenda items 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 - Consultation with attorney regarding Land Development Code and Rules of Procedure 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle � City of Colleyvil/e Page 1 — City Council Agenda April 11, 2012 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 12-3480 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 Child Abuse Prevention Month - Julie Evans, Associate Executive Director, Alliance For Children Proclamation in recognition of Keep America Beautiful, Keep Colleyville Beautiful, Great American Cleanup and Arbor Day in Colleyville - Icie Berkman, Chairman, Colleyville Spring Clean Sweep, Keep Colleyville Beautiful, Monica Walsh, Parks and Recreation Director 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3481 4a Approval of the minutes of the regular City Council meeting of March 20, 2012 4b Approval of an interlocal agreement with Tarrant County for the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail, and authorize the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1829 Approval to declare unopposed candidates in the May 12, 2012, General Election elected to office and canceling the election 5b Ordinance 0-12-1830 Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1831 Approval of a request for rezoning from CC3-Highway Commercial to CC2- Shopping Center on Lot 3R, Block 1, of the Andy Felps Addition, located at 3919 Colleyville Boulevard, Case ZC12-009 City of Colleyville Page 2 City Council Agenda April 11, 2012 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3482 Approval of amendments to the City Developer Agreement for the Covington Addition located in the 800 block of L.D. Lockett Road, Case GC12-001 7b Resolution R-12-3483 Approval to replace Resolution R-10-3259 changing the structure and membership of the Colleyville Events Steering Committee 7c Resolution R-12-3484 Consideration of appointments to the Colleyville Events Steering Committee 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 11, 2012, - Reading and Public Hearing - Resolution R-12-3485 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards April 5, 201Z, 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 3 LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing Agenda Number PC-1 Agenda Date 04/11/2012 Type Pre Council Department City Manager Title Presentation of Gas and Electric Rates in Texas City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation Cathy Cunningham, Attorney with Boyle & Lowry, L.L.P., will present an overview of gas and electric regulatory issues in Texas, along with a summary of some of the work being done by the Atmos Cities Steering Committee and the Steering Committee of Cities Served by Oncor. Ms. Cunningham has extensive experience dealing with utility issues in Texas from her time as an Assistant City Attorney in Irving, as well as her current position with Boyle & Lowry. Ms. Cunningham serves on the Board of Directors of the Texas Coalition of Cities for Utility Issues, and has helped advance many city interests in the Texas Legislature over the years. The City of Colleyville is a member of both the Atmos Cities Steering Committee and the Steering Committee of Cities Served by Oncor. Both organizations are coalitions of cities that unite in common purpose to address gas and electric utility rate and franchise issues, respectively. The steering committees' objectives are to ensure fair and reasonable rates and to be a voice for cities and consumers where no state agency currently assumes such a role. In particular, consultants and attorneys hired by the steering committees routinely review and investigate rate filings by the companies and attempt to negotiate fair and reasonable settlements, or represent city and consumer interests at contested rate case proceedings before the Railroad Commission or the Public Utility Commission of Texas. One hundred fifty cities speaking as one voice is much more effective in advocacy before the Commission and legislature than any one city. In recent years, the committees have been successful in protecting cities' original jurisdiction over rates and services and have regularly limited potential litigation costs and rate increases that could have cost consumers and cities significantly more. Attached to this briefing is a list of frequently asked questions regarding Texas natural gas rates taken from the Railroad Commission of Texas website. In addition, the Atmos Cities Steering Committee has produced a comprehensive report entitled, "Natural Gas Consumers and the Texas Railroad Commission: Pocketbook & Policy Issues" that can be found at: www.texasgasconsumers.org/natural_gas_consumers. pdf. Representatives from Atmos Energy Corporation and Oncor Electric Delivery Company will be present to answer questions at the conclusion of the presentation. City of Colleyville Page 1 City Council Agenda Briefing Attachments 1. Presentation: Gas and Electric Rates in Texas 2. Texas Natural Gas Rates Frequently Asked Questions City of Colleyville Page 2 ��.�,.E'Y"V'I : Gas a nd Electric Rates i n Texas Atmos Cities Steering Committee and Steering Committee of Cities Served by Oncor Pre Council Meeting April 11, 2012 Gas a nd Electric Rates i n Texas - How did we get to this point? • Trad itiona I ly, Texas cities were i nvolved i n rate regulation for electric, gas, telephone and cable • Telephone and cable rates are no longer regulated by cities • Gas rates are still regulated • Electric rates are regulated in part - the ��wires charge" only �. t z� � C��.L�LE ��.�,�+.' . Gas a nd Electric Rates i n Texas - How did we get to this point? H istorica I ly, each city reviewed rates sepa rately. • This led to disparity in rates among nearby cities. Cities that were not as active usually had h ig her rates wh i le la rger cities had lower rates. • This individual process was costly and extremely la bor i ntensive for the cities who engaged i n it. • When the regional, then statewide rates took effect, cities joined together to review rates. This partnership drastically reduced city labor and costs in the rate review process. �. t z� � C��.L�LE ��.�,�+.' Natu ra I Gas �. t z� � C��.L�LE ��.�,�+.' Gas Rates i n Texas Q• What is the process a utility must follow to . propose a rate increase? A: Uti I ity fi les a written ��statement of i ntent" to increase rates and publishes notice in the newspa per for 4 weeks. Rates may not i ncrease for 35 days. • City may take no action (rates approved) or approve rates. • The city may suspend for an additional 90 days beyond the 35th day (a total of 125 days from the date that the initial rate increase was filed). • City may deny • After review, City may grant the increase, grant a lesser increase or deny. • Upon denial or partial denial, the Company may appeal to the Railroad Commission. ti i 4� �i C��.L�LE ��.�,�+.' G as Rates i n Texas • Rate requests begin with cities if they have retained original jurisdiction. • Ra i I road Com m ission has excl usive a ppel late authority. • Appeal is de novo. �. t z� � C��.L�LE ��.�,�+.' G as Rates i n Texas • Yea rs ago, cities wou Id ha nd le rates req uests individually. • Approxi mately 15 yea rs ago, the gas uti I ity bega n consolidating geographical areas in regard to rates. • Gas rates eventua I ly beca me state wide, a Ithoug h a few yea rs ago, Da I las sepa rately cha I lenged gas rates. Da I las is sti I I ha nd led sepa rately. Thei r challenge was not successful. �. t z� � C��.L�LE ��.�,�+.' Atm os C ities Stee ri n g Committee • With the regional, then of rates, it made sense thei r a pproach to rates. state wide consol idation for cities to consol idate i n • Cities formed a group that is now known as the Atmos Cities Steeri ng Com m ittee (ACSC) . - 150+ member cities - Represents nearly 1.2 million residential customers • Being a member of ACSC saves cities and citizens money th roug h consol idation of efforts. �. t z� � C��.L�LE ��.�,�+.' Gas Reliabilit Infrastructure y Pro ram GRIP g • In addition to regular rate cases, in 2003 the Texas Leg islatu re passed leg islation that a I lowed for a n i ncrease i n gas rates based u pon i nfrastructu re needs of the gas com pa ny. • The procedure is referred to as ��GRIP" - Gas Reliability Infrastructure Program. • GRIP cases receive very little oversight. • ACSC believes that GRIP led to ��...un-reviewed rate i ncreases a nd wi ndfa I I uti I ity profits." �. t z� � C��.L�LE ��.�,�+.' Rate Review Mechanism RRM • In 2007, ACSC negotiated an alternative procedure to GRIP - the Rate Review Mechanism (RRM). • It offers a more comprehensive review than the p i ece m ea I G RI P syste m. • Cities ag reed to exped ite the rate review i n exchange for the more comprehensive system. • H oweve r, t h e RRM p rocess d oes n ot cove r everyth i n - for exa m ple rate i ncreases associate with gas pipeline systems outside city limits. �. t z� � C��.L�LE ��.�,�+.' Future Concerns • Charge of House Committee for State Affairs: ��Identify i nefficiencies i n the reg u lation of pu bl ic utilities in order to minimize the cost of reg u lation to consu mers." • What does that mean? It is a phrase some officials use in regard to municipal oversight of rate regulation. Such a charge could result in legislation that would eliminate municipal i nvolvement, a nd with it, protection of ou r citizens in rate cases. • Next session, there cou Id be a fig ht to el i m i nate the a bi I ity of cities to protect thei r citizens at a I I in regard to utility rates. ti i 4� �i C��.L�LE ��.�,�+.' Add itional I nformation • ASCS Web site www.texasgasconsu mers. orq •��Natural Gas Consumers and the Texas Railroad Com m ission : Pocketbook & Pol icy Issues" www.texasgasconsumers.org/natural gas consumers.pdf • Railroad Commission of Texas - Texas Natural Gas Rates FAQ's www. rrc.state.tx. us/about/faqs/gasratesfaqs. php �. t z� � C��.L�LE ��.�,�+.' Electricit y ii,�' . , �. t z� � C��.L�LE ��.�,�+.' E I e ct ri c Rates i n Texas • Cu rrently, cities have orig i na I j u risd iction over the electric rates of transmission and distribution Investor Owned Uti I ities (IOU) with i n thei r city limits. • The Pu bl ic Uti I ity Com m ission of Texas ( PUC) has appellate jurisdiction over the actions of cities. �. t z� � C��.L�LE ��.�,�+.' E I e ct ri c Rates i n Texas • The Texas electric ma rket is la rgely dereg u lated, except for what is known as the ��wires charge." • Texas buyers may purchase energy from a va riety of com pa n ies, but the i nfrastructu re over wh ich the power is del ivered is the sa me i nfrastructu re, rega rd less of where the power is coming from. �. t z� � C��.L�LE ��.�,�+.' E I e ct ri c Rates i n Texas • Since the ��wires charge" is not a large part of the bill, and since a reduction or an increase may not even show up on a customer's bill, these rate cases are not as frequent. • Recent rate cases included issues such as an ��undergrounding" fee and franchise fees. �. t z� � C��.L�LE ��.�,�+.' Stee ri n Com m ittee of C ities g Served b Oncor y • Steering Committee of Cities Served by Oncor formed to represent city a nd citizen i nterests before the PUC. - 148 member cities • In addition to rates, the Steering Committee also works with franchise fee issues and other . franchise issues, such as relocations. In recent ears, Oncor has refused to agree to pay for re ocations i n a ny new fra nch ises, except for the recent Dallas franchise. • The franchise between Colleyville and expi red a nd has been held u p on th is Oncor has poi nt. �. t z� � C��.L�LE ��.�,�+.' Stee ri n Com m ittee of C ities g Served b Oncor y • The Steeri ng Com m ittee a Iso works with Com pa ny i n rega rd to outage reporti ng, tri m m i ng a nd other issues of concern to • One issue of concern is resource Under the current non-regulated is no ability to require additional the tree cities. adequacy. system, there resou rces. • Another issue of concern is the possible bankruptcy of Energy Future Holdings, majority owner of Oncor. �. t z� � C��.L�LE ��.�,�+.' Gas and Electric Rates in Texas Questions? �. t z� � C��.L�LE ��.�,�+.' Texas Natural Gas Rates Frequently Asked Questions (FAQs) From the Railroad Commission of Texas Website http://www. rrc.state.tx. us/about/faas/qasratesfaas. php Q: How many Texas customers obtain gas through natural gas distribution systems? A: Texas natural gas distribution systems include 31 investor owned utilities and 85 municipally owned systems. These natural gas distribution systems serve 3.9 million customers, which comprise domestic households, small commercial, and large industrial customers. Q: How many Texas cities are served by natural gas distribution systems? A: Over 1,100 Texas cities are served by natural gas distribution systems. 97 of these cities are served by municipally owned distribution systems. The rest of these cities are served by investor owned utilities. Q: How much gas is purchased through natural gas distribution systems in Texas? A: 437 billion cubic feet of gas was purchased through natural gas distribution systems in 1996. This was 12% of all gas consumed in Texas (3,585 billion cubic feet). Gas sales through natural gas distribution systems totaled over $2.23 billion in 1996. Q: Who has jurisdiction over natural gas rates in most Texas municipalities? A: The majority of Texas municipalities are served by investor owned utilities. In these municipalities, the municipality grants a franchise to a utility company, and the municipality has original jurisdiction (and the Railroad Commission has exclusive appellate authority) over the rates, operations, and services of the natural gas utility within the municipality. The Railroad Commission has no authority over the rates, operations, and services of a municipally-owned gas utility within the municipality's boundries. Q: If I live in a municipality which is served by an investor owned natural gas utility and I have a concern about my natural gas rates or bill, to whom do I complain? A: Since the municipality has original jurisdiction over the rates, operations, and services of the natural gas utility within the municipality, customer complaints should be addressed to the municipal department which is responsible for the administration of this contract. Q: Does the Railroad Commission of Texas have jurisdiction over a city's natural gas rates? A: By statute, the city, as the regulatory authority, has a legal obligation to set rates that are just and reasonable. If the utility or any other party to the proceeding at the city is not satisfied with the rates set by the city, that aggrieved party may appeal the city's rate ordinance to the Railroad Commission, where rates will be determined through a formal evidentiary rate case proceeding. The city has standing to participate in this appeal as a party. An appeal by any party of the rates set by Railroad Commission order would go to Travis County District Court. The Railroad Commission monitors the overall quality of service and rates provided to a city by an investor owned utility. Through regular audits, the Railroad Commission assures, among other service issues, that the utility charges its customers the rates which have been formally authorized, and orders refunds if customers have been overcharged. Q: Does the Railroad Commission have jurisdiction over any other natural gas rates? A: Yes, the Railroad Commission has exclusive original jurisdiction over natural gas utility rates in areas outside of municipalities, such as "environs" and "special rate areas." Areas adjacent to a municipality and served by the same distribution system serving the municipality are referred to as "environs." Areas outside and not adjacent to an incorporated municipality are referred to as "special rate areas." Also, the Railroad Commission has exclusive original jurisdiction over the rates and services of a utility, such as a natural gas pipeline, that delivers gas to a distribution utility. Q: Can the Railroad Commission provide assistance to municipalities which are faced with a proposed natural gas rate increase? A: A municipality may request the Railroad Commission to advise and assist the municipality on a natural gas utility matter pending before the Railroad Commission, a court, or the municipality's governing body. Cities should be aware, however, that budget constraints imposed by the Legislature limit the resources that the Railroad Commission has available for providing assistance to municipalities. A rate review handbook is available from the Railroad Commission. The handbook contains a comprehensive review of the ratemaking process. Information regarding this publication is available by phone at (512) 463-7077 or in the Gas Services section of the agency's web site: www.rrc.state.tx.us. Q: What other sources of assistance regarding evaluation of proposed rate increases are available to a city? A: City staff may have the expertise required to evaluate a proposed rate increase. If necessary, many consultants, attorneys, and associations are available to provide assistance, usually on a fee basis. Q Can a utility change my city's natural gas rates? A: A utility can rp opose to raise or lower the rates it charges to provide natural gas distribution service within a city. Proposals to increase rates are most common. A utility must follow a specific, formal process to propose and implement a rate increase. But, a rate decrease can be implemented simply through the filing of a new tariff. Q: What is the process a utility must follow to propose a rate increase? A: A utility must file a written statement of intent to increase rates with the city it serves and publish notice in a local newspaper for four successive weeks, and may not put the increased rates into effect until at least 35 days after filing the statement of intent. Upon the filing of a statement of intent, the city may take one of several actions: 1. The city may take no action at all, in which case the proposed rate increase will automatically take effect after day 35. 2. Unless the increase is a"a major change" (i.e., one that would increase the aggregate revenues of the utility more than the greater of $100,000 or 2.5 percent), the city, for good cause shown and under any conditions the city may prescribe, may allow a rate increase to take effect before the end of the 35 day period. 3. The city may suspend the proposed rate increase for an additional 90 days beyond the 35th day (a total of 125 days from the date that the initial rate increase was filed). If, after 90 days from the date that the statement of intent of proposed rate increase was filed, the city has not established final rates, the utility may put into effect a rate less than or equal to the proposed rate upon filing a bond payable to the city. If, by the 125th day from the date the statement of intent was filed, the city has not adopted a rate ordinance setting final rates, then the city is considered to have approved the rates proposed by the utility, and they go into effect after the 125th day. 4. The city may expressly deny any rate increase, in which case the utility may: a) maintain the existing rate schedule; b) appeal to the Railroad Commission the city's rate ordinance denying the requested increase in rates; or c) file with the city a statement of intent proposing a different rate increase. The city may expressly grant a lower than requested rate increase, in which case the utility may: a) appeal to the Railroad Commission the city's rate ordinance denying the requested increase in rates and setting rates at a lower level than requested; or b) put the new rates into effect (even though they are lower than the utility originally requested), and file with the city a new statement of intent proposing another rate increase. c) simply put the new rates into effect (even though they are lower than the utility originally requested). 6. The city may expressly approve the requested rate increase as filed. Q: How often can a utility propose a rate increase to a city? A: A utility can propose a rate increase to a city as often as the utility desires. In practice proposals to increase rates rarely occur more frequently than once per year. Often many years pass before a utility seeks a rate increase. Q: If a city denies a proposed rate increase and it is appealed to the Railroad Commission or district court, what expenses will the city and its ratepayers face? A: The governing body of any municipality participating in or conducting ratemaking proceedings may select and engage rate consultants, accountants, auditors, attorneys, and/or engineers to advise and represent the municipality with litigation or natural gas utility ratemaking proceedings before any regulatory authority or in court. The natural gas utility engaged in those proceedings is required to reimburse the governing body for the costs of those services only to the extent that the costs are found reasonable by the applicable regulatory authority. The natural gas utility commonly recoups these costs along with its own reasonable rate case expenses by applying a surcharge, which is determined by the regulatory authority, to its utility rates for that particular municipality. This surcharge usually is applied on a per customer or per Mcf basis and is typically spread out over a period of time to reduce its impact on ratepayers. The regulatory authority typically monitors the amount of money collected under the surcharge to ensure that the utility does not overcol lect. Q: What percentage increase is being proposed in the statement of intent? A: Most statements of intent propose a percentage rate increase. The percentage increase is most frequently stated as the increase in total revenues, including the portion of revenues which covers the cost of natural gas purchases. Since the cost of natural gas is simply passed through to the customer without a profit, some prefer to exclude from the calculation of a rate increase revenues which cover the cost of natural gas purchases. The following example illustrates the difference between including and excluding cost of natural gas pass-through revenue when calculating a percentage rate increase. Total Operating Revenue (Including Cost of Gas) Cost of Gas Total Operating Revenue (Excluding Cost of Gas) Present Rates Proposed Rates % Rate Increase $300,000 $220,000 �,:� �� $315,000 $225,000 $90,000 5% 12.5% Further information regarding the topics discussed in this information sheet can be obtained from the Gas Services Division of the Railroad Commission of Texas. LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-Z Agenda Date 04/11/2012 Type Pre Council Department Public Works Title Proposed revisions to the City of Colleyville Water Conservation and Drought Contingency Plan Explanation On September 5, 2006, City Council approved attached Ordinance 0-06-1587 adopting a Water Conservation and Drought Contingency Plan. The ordinance provided for water conservation measures, and prohibited certain water usages during times of water shortages and drought conditions. The provisions of the ordinance were modeled after similar water conservation and drought condition plans developed by the Tarrant Regional Water District (TRWD) and the Trinity River Authority (TRA). The TRWD Plan was revised in July of 2007 after the Colleyville plan was enacted. TRA follows the adopted TRWD plan. During the summer of 2011, the North Texas region experienced a severe drought and it was necessary to implement two-day watering restrictions throughout the region. When these restrictions went into effect, it became apparent to staff that some clarifications needed to be made, particularly with regard to maintenance of irrigation systems and swimming pools, and properties with large, multi-station irrigation systems, where it was not possible to irrigate the entire property in one day (parks, sports fields, large estate lots, etc.). The proposed revisions to this ordinance address these issues by amending the Water Conservation and Drought Contingency Plan, and replacing Ordinance 0-06-1587 in its entirety. Substantive changes to the proposed revisions include: a. The stages have been renumbered to coincide with those of TRWD and TRA. A state of Water Awareness will exist year round and irrigation will be prohibited between the hours of 10:00 a.m. and 6:00 p.m. year round except for the establishment of new turf. New turf may be irrigated anytime during the day for thirty (30) days after placement, provided a City provided sign is prominently displayed during the exemption period. Stage 1 is defined as Water Watch; Stage 2 is defined as Water Warning, and Stage 3 is defined as Water Emergency. b. In Stage 1: (1) Irrigation system maintenance may be performed any time provided a licensed irrigation contractor is on site, and no watering zone operates continuously for more City of Colleyville Page 1 City Council Agenda Briefing than two (2) minutes. (2) Swimming pools may be drained in order to perform structural repairs, only, and be refilled. Pools may not be drained for cleaning, unless the pool has been determined to be a health hazard by the code enforcement officer. (3) Watering at service addresses with large multi-station irrigation systems may be granted a variance by the Director of Public Works to water more than two-days each week if it can be shown that subject properties cannot be completely irrigated with three-quarters of an inch of water in a single watering day, and that the property should be divided into sections to be watered on different days. A City provided sign that states such exemption has been granted must be prominently displayed for the duration of the exemption. This applies to parks and athletic fields, as well as private properties. (4) Misting systems for public gatherings, including outdoor eating venues are perm itted . c. In Stage 2, the same exemptions apply as in Stage 1 except that watering is limited to one day each week. d. In Stage 3, all landscape watering is prohibited and vehicle washing is restricted to commercial car washes and service stations when necessary for health, sanitation, or safety reasons, including the washing of garbage trucks and vehicles used to transport food and other perishables. Staff recommends that the draft ordinance, with any changes made by City Council, be placed on the April 17, 2012 City Council agenda for first reading and public hearing and would be considered for approval by City Council at the May 1, 2012 meeting. Attachments 1.Ordinance 0-06-1587 2.City of Colleyville Water Conservation and Drought Contingency Plan (DRAFT) 3.City of Colleyville Water Conservation and Drought Contingency Plan Presentation City of Colleyville Page 2 ORDINANCE 0-06-1587 APPROVAL TO REPLACE EMERGENCY ORDINANCE 0-06-1579 AND AMENDING CHAPTER 98, ARTICLE II REGARDING WATER SERVICE AND WATER CONSERVATION PROVIDING FOR A DROUGHT CONTINGENCY PLAN WHEREAS, there currently exists a drought situation in North Texas which, drought ; threatens the availability of a continuous and reliable potable water supply; ; and � WHEREAS, the City of Colleyville has been asked by the Trinity River Authority to adopt drought contingency provisions in order to better manage the precious resource of potable water; and WHEREAS, in the absence of the Ordinance, the City of Colleyville may not be able to adequately protect its potable water supply, to ensure its availability for both regular and emergency consumption; and WHEREAS, the City Council previously adopted Ordinance 0-06-1579 as an emergency ordinance pursuant to Section 3.12 of the Charter; and WHEREAS, the City Council wishes to adopt permanent provisions to assist in drought control protection; and ' WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings ; Act and the City Charter; and WHEREAS, the current drought situation and the inadequate regulations to respond to such a drought represent an emergency pursuant to Section 3.12 of the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance by reference as if copied in their entirety herein. � , Ordinance 0-06-1587 ' Page 2 of 2 Sec. 2. THAT this Ordinance amends in its entirety and replaces Ordinance 0-06- 1579 pursuant to Section 3.12of the Charter. ' Sec.3. THAT Chapter 98, Article II of the Code of Ordinances, is hereby amended as follows: Section's 98-44, 98-45, 98-46, and 98-47 of the Code of Ordinances are hereby amended in their entirety and replaced as follows: The City of Colleyville adopts and establishes a drought contingency plan as shown and provided for in the attached Exhibit "A", which is incorporated herein by reference. Sec. 4. THAT any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 5. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. � The first reading and public hearing being conducted on the /� day of d �- 2006. II The se ond reading and public hearing being conducted on the �� day of 2006. � ATTES : CITY OF COLLEYVILLE i� fI\ �-��;��c��"'� Cynthia Singleton, TRMC David Kelly � City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: �� V� • �'� Matthew C. G. Boyle City Attorney I I Exhibit "A" WATER CONSERVATION & DROUGHT CONTINGENCY PLAN Section 1. Non-essential water uses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency Plan" or the "Plan") are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 10 of this plan. Section 2. Public education and notification. (a) The City, by and through its Department of Public Works and Communications Department shall periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. (b) When drought contingency measures appear to be necessary, the public will be notified through available news media and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed of the status of the drought condition through all available media. (c) When a trigger condition has been reached and/or the Trinity River Authority informs the City that drought contingency measures may be necessary, the City Manager or his designee will order the initiation of a public notification process. The public notification process will include, but is not limited to the following: (1) A notice of drought condition will be posted at City Hall. (2) The notice will be circulated to local newspapers and radio stations via public service announcement. Information regarding the contingency measures for the drought condition will be posted on the City's web page. (3) A brochure to each address in Colleyville explaining the plan through a saturation mailing. Section 3. Coordination with regional water planning groups. The service area of the City is located within the Texas Commission on Environmental Quality (TCEQ) Region 6, the Tarrant Regional Water District (T.R.W.D.) the City of Colleyville, Texas will provide a copy of this plan and any subsequent amendments to the TCEQ, Trinity River Authority (TRA), and Texas Water Development Board (TWDB) Region «C» Section 4. Rates. A tiered rate structure may be implemented to encourage conservation. Section 5. Authorization. The City Manager, or his designee, is hereby authorized and directed to implement the applicable provisions of the Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as needed. Section 6. Application. The provisions of this plan shall apply to all persons, customers, and property using water provided by the City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Section 7. Definitions. For the purposes of this plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels, motels, restaurants and office buildings. Conservation means those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer and Person means any person, company, or organization using water supplied by the City. ; Domestic water use means water use for personal needs or for household ' or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use means the use of water in processes designed to ', convert materials of lower value into forms having greater usability and !, value. ' Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water uses that are neither essential nor required for the protection of public, health, safety, and welfare including: (1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan; ' (2) Use af water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; ' (3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas, ', (4) Use of water to wash down buildings or structures for purposes other than immediate fire protection; (5) Flushing gutters or permitting water to run or accumulate in any gutter or street; (6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (7) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (8) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (9) Use of water from hydrants for construction purposes or any other purposes other than fire fighting. Watering Zones means predetermined areas of the city where irrigation is allowed on designated days. Section 8. Triggering criteria for initiation and termination. The City purchases 100 percent of its potable water from the Trinity River Authority. Therefore, the emergency water management triggering measures will be the same as those of T.R.A. Also, triggering criteria may be initiated as a result of short term deficiencies and or emergencies specific to the City of Colleyville and/or T.R.A. Following are the triggering criteria for initiation and termination of drought response stages: Stage 1: Water Awareness Triggering criteria: Beginning on May 1St of each year or, when the T.R.A. water treatment plant is operatin� at greater than 85% capacity for seven consecutive days prior to May 1 S, or limitations or failures within the City distribution system warrant implementation, the City Manager may enact conservation measures. Stage 1, Awareness is intended to raise public awareness of potential drought problems. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: • Voluntary reductions in water use • Prohibit residential or commercial lawn watering between the hours of 10:00 a.m. and 6:00 p.m. with the exception of watering by hand or with soaker hoses • Accelerate public information efforts to teach and encourage reduced water use • Issue a"Code Red" informing residents of restrictions • Staff will begin a review of the problems which initiated the Stage 1 actions • Intensify efforts on leak detection and repair for the City distribution system • Notify major water users and work with them to achieve voluntary water use reduction • Reduce City government use of water for street washing, vehicle washing, operation of ornamental fountains, landscape irrigation and all other nonessential use • Require rain and freeze sensors installed on all new irrigation systems • Require existing irrigation systems to have rain and freeze sensors installed within 24 months • Prohibit the operation of irrigation systems with broken or missing heads • Prohibit the operation of irrigation systems which cause significant runoff • Notify property owners in writing of operation of irrigation systems with broken or missing heads requesting repair or discontinuance within thirty days Exemptions: Private water wells used for irrigation, street sweeping, dust control and newly installed lawns shall be exempt from this ordinance. ', Enforcement: Violations of restrictions will result in a written warning, and ' then a citation may be issued with a fine not to exceed $2,000.00 per ' incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered. Stage 2: Water Watch Triggering criteria: When the T. R.A. water plant is operating at greater than 90% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Goa/s for reduction and actions availab/e under Stage 2, water watch. The goal for water use reduction under Stage 2, Water Watch, is a ten percent (10%) reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: • Continue Stage 1 actions • Develop and implement inter-local agreements with adjacent !, municipalities for temporary water purchase • Begin mandatory water use restrictions as follows: '� � o Prohibit the hosing of paved areas, buildings or windows; �I ; operation of swimming pool draining followed by refilling, washing or rinsing vehicles by hose; using water in such a � manner as to allow runoff or other water wastes. I o Limit landscape watering at each service address to once every ; four days based on the watering zone per the schedule below: Zone Allowed Water Days A Tuesday and Friday B Wednesday and Saturday C Thursday and Sunday Zone "A" is north of Colleyville Blvd. and west of Pleasant Run. Zone "B" is north of Glade Rd. and east of Pleasant Run. Zone "C" is south of Glade Rd. and east of Colleyville Blvd. � �� V : .. . . ., .""" :C .�•:L :.: . � . .. :... ........ �� - . .. � ��... .:�. ... �.:.. .�a� :5<tJ.^ �.. . .....v ..._. �`�.• .. . . ... ' �� .a�,-.�-•�. �"i�'� ''. ��..:.'.:�. �."'::: No watering will be allowed on Monday. These restrictions also apply to government facilities. � Exceptions: Foundations, and new plantings (first year) of grass, trees and shrubs may be watered with a hand-held or soaker hose on any day; nurseries may water plant stock only. Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T.R.A. and the City determines that conditions exist which will allow termination of Stage 2 actions. Upon termination of Stage 2, Stage 1 becomes operative. Stage 3: Water Warning Triggering criteria: When the T.R.A. water treatment plant is operating at I, 95% capacity for seven consecutive days or, limitations or failures within ' the City distribution system warrant implementation. Stage 3 actions will not ordinarily be taken until Stage 2 actions have first been implemented. Goa/s for reduction and actions availab/e under Stage 3, Water Warning. The goal for water use reduction under Stage 3, Water Warning, is a 20 percent reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: • Continue implementation of all restrictions from previous stages • Recommend and implement engineering alternatives for water reduction • Foundations, shrubs, trees and landscape may be watered with a soaker or hand-held hose on the same four-day basis stated in Stage 2, for up to two hours • Prohibit operations of ornamental fountains Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 3 have been alleviated. If Stage 3 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T.R.A. and the City determines that conditions exist which will allow termination of Stage 3 actions. Upon termination of Stage 3, Stage 2 becomes operative. Stage 4: Water Emergency Triggering criteria: The T.R.A. water treatment plant is operating at 100% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Stage 4 actions will not ordinarily be taken until Stage 3 actions have first been implemented. Goa/s for reduction and actions availab/e under Stage 4, Water Emergency: The goal for water use reduction under Stage 4, Water Emergency, is a 25 percent reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The City must notify TCEQ within five business days if these measures are implemented: • Continue implementation of all restrictions from previous stages • Prohibit all commercial and residential landscape watering with the following exceptions: o Nurseries' plant stock may be watered once every four days based on the "watering zone" per the schedule in Stage 2 o Foundations may be watered for a two-hour period between the hours of 6:00 p.m. and 10:00 a.m. with a soaker or hand-held hose on the four-day basis prescribed for landscape watering in Stage 2 • Any and all washing of vehicles is prohibited except for commercial car I washes • All commercial water users may be required to reduce water ' consumption by a percentage determined by the City Manager ' Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in ' effect through September 30 of the year in which they were triggered, or until T.R.A. and the City determines that conditions exist which will allow termination of Stage 4 actions. Upon termination of Stage 4, Stage 3 becomes operational. Stage 5: Emergency Water Shortage (a) System outage due to failure of a major water system component-- Triggering criteria: A catastrophic failure within the T.R.W.D., T.R.A. water system, or the Colleyville water distribution system severely limiting the delivery of potable water. Goa/s for reduction and actions availab/e under Stage 5, Emergency Water Shortage: The goal for water use reduction under Stage 5, emergency water shortage, is a reduction to prevent public health emergencies that would have occurred in the absence of drought contingency measures. If circumstances warrant or if required by T.R.A., the City Manager or his designee can set a goal for a greater water use reduction. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on member cities and customers. The City must notify TCEQ within five business days if these measures are implemented: • Initiate or continue implementation of all restrictions from previous stages as directed by the city manager or his designee • Prohibit all commercial and residential landscape watering. All commercial water users will be required to reduce water consumption by a percentage determined by the City Manager or his designee (b) Supp/y source contamination specia/ precautions--Triggering criteria: Water system contamination caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals. In the event of such contamination, the affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with subsection (q), "Special Precautions," of Section 290.46, "Minimum Acceptabl� Operating Practices for Public Drinking Water Systems," of Subchapter D, "Rules and Regulations for Public Water Systems," of . Chapter 290, "Public Drinking Water," of Part 1, "Texas Commission on Environmental Quality," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended. Water customers in the affected area shall be notified immediately with a "boil water notice" and a letter explaining the situation and containing recommendations to the water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of Section 290.47, "Appendices," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water, of Part 1, "Texas Commission on Environmental Quality," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, shall be used to evaluate the response measures necessary to correct the condition. Actions available (applied to all affected customers). • Hand deliver boil water notice to all water customers affected • Prohibit all water usage for human consumption for 24 to 36 hours, as determined by the City Manager or his designee Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 5 have been alleviated. If Stage 5 is initiated because of water supply contamination, all initiated actions will remain in affect until the City Manager or his designee determines that conditions exist which will allow removal of Stage 5 actions. Section 9 Variances. (a) Temporary variances. The City Manager or his designee may in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (1) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Exemptions. Persons requesting an exemption from the provisions of this article shall file a petition for a variance with the City within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his designee and shall include the following: (1) Name and address of the petitioner(s). (2) Purpose of water use. (3) Specific provision(s) of the plan from which the petitioner is requesting relief. (4) Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article. (5) Description of the relief requested. (6) Period of time for which the variance is sought. (7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information as may be required by the City Manager or his designee. (c) Special conditions. Variances granted by the City Manager or his designee shall be subject to the following conditions, unless waived or modified by the City Manager or his designee: • Variances granted shall include a timetable for compliance • Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements • No variance shall be retroactive or otherwise justify any violation of the plan occurring prior to the issuance of the variance Section 10. Penalty. It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2,000.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. City of Colleyville Water Conservation and Drought Contingency Plan Section 1. Purpose The purpose of the Colleyville Water Conservation and Drought Contingency Plan (hereinafter referred to as the "plan") is as follows: (a) To conserve the available water supply in times of drought and emergency. (b) To maintain supplies for domestic water use, sanitation, and fire protection. (c) To protect and preserve public health, welfare, and safety. (d) To minimize the adverse impacts of water supply shortages. (e) To minimize the adverse impacts of emergency water supply conditions. �► �. Section 2. Applicability The provisions of this plan shall apply to all persons, customers, and properties using water provided by the City of Colleyville. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. Section 3. Definitions For the purposes of this plan, the following definitions shall apply: (a) Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. (b) City means the City of Colleyville, Texas, a municipal corporation. (c) Commercial and institutional water use means water use, which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels, and motels, restaurants, and office buildings. (d) Conservation means those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that the water supply is conserved and made available for future or alternative uses. (e) Customer means any person, company, or organization using water supplied by the City. 1 (f) Domestic water use means water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. (g) Industrial water use means the use of water in processes designed to convert materials of lower value into forms having greater usability and value. (h) Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way, and medians. (i) Irrigation Maintenance means testing, repair, and/or replacement of existing system components, including but not limited to irrigation pipe, valves, heads, controllers, and wiring. Irrigation maintenance must be performed in compliance with existing statutes, building codes and City ordinances. (j) Non-essential water use means water uses that are not essential or required for the protection of public, health, safety, and welfare. Water uses regulated or prohibited under this plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 12 of this plan. (k) TCE means Texas Commission on Environmental Quality. (I) TRA means Trinity River Authority, the City's wholesale supplier of water. (m) TRWD means Tarrant Regional Water District. (n) TWDB means Texas Water Development Board. (o) Watering zones means predetermined areas of the city where irrigation is allowed on designated days. Section 4. Coordination with regional water planning groups The service area of the City is located within TCEQ Region 6 and TRWD. TRA is the City's wholesale supplier of water. The City will provide a copy of this plan, and any subsequent amendments to the TCEQ, TRA, TRWD, and TWDB. Section 5. Public education and notification (a) The City, by and through its Public Works Department and other staff, shall periodically provide the public with information about the plan, including information about the conditions under which each 2 stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. (b) When drought contingency measures appear to be necessary, the public will be notified through available news media, and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed of the status of the drought condition through all available media. (c) When a trigger condition has been reached and the Trinity River Authority informs the City that drought contingency measures may be necessary, the city manager or his/her designee will order the initiation of a public notification process. The public notification process will include, but is not limited to the following: (1) A notice of drought condition will be posted at city hall. (2) The same notice will be circulated to local newspapers and radio stations via public service announcement. (3) Information regarding the contingency measures for the drought condition will be posted on the city's web page. (4) Appropriate signage will be posted in the public rights-of-way at key locations throughout the City. Section 6. Initiation and Termination of Drought Response Stages The city manager will, with the concurrence of the City Council, order the implementation of a drought response stage or water emergency when requested to do so by TRA or when he/she determines that conditions warrant the implementation of the plan. Section 7. Drought and Emergency Response Stages and Measures Water Awareness - Water awareness is intended to raise public awareness of the need for ongoing water conservation measures and potential drought problems. The actions listed below are in effect year round and are subject to being superseded by more severe measures when determined necessary by the city manager and/or TRA. (a) Voluntary reductions in water use. (b) Prohibition of residential or commercial hours of 10:00 a.m. and 6:00 p.m. (c) Ongoing public information efforts to conservation. lawn watering between the teach and encourage water (d) Notify major water users and work with them to achieve voluntary water use reduction. 3 (e) Reduce City use of water for street cleaning, vehicle washing, operation of ornamental fountains, landscape irrigation and all other non-essential use. (f) Prohibit the operation of irrigation systems with broken or missing heads. (g) Prohibit the operation of irrigation systems which cause significant runoff. Staqe 1, Water Watch Triqqerinq and Terminatinq Conditions (a) TRA directs that Stage 1 measures be implemented. (b) Water demand is projected to approach the limit of permitted supply. (c) Supply source becomes contaminated. (d) Water supply system is unable to deliver water due to the failure or damage of major water system components. (e) The city manager, with concurrence of the City Council, determines that conditions warrant the declaration of a Stage 1 drought. Stage 1 may terminate when authorized by TRA, and/or when the circumstances that caused the initiation of Stage 1 no longer prevail, or at the discretion of the city manager. Actions Required under Staqe 1, Water Watch The city manager may order the implementation of the actions listed below, as deemed necessary. Measures imposing mandatory requirements on customers require notification to TRA, TRWD and TCEQ. (a) Continue Water Awareness actions. (b) Prohibit hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, or other impervious surfaces, except to alleviate an immediate health or safety hazard. (c) Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting. (d) Prohibit using water in such a manner as to allow runoff or other waste, including: (1) Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet; (2) Operating a permanently installed irrigation system with: � (e) (f) a. a broken head; (b) a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that is misting because of high water pressure; b. during irrigation, allowing water to (a) run off a property and form a stream of water in a street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth greater than one quarter of an inch; or c. use of water for recreational purposes such as splash pads unless the water is recyclable and can be made to conform to established standards for water used in public swimming pools. Prohibit the draining and filling of swimming pools except as authorized elsewhere in this plan. Limit landscape watering with sprinklers or irrigation systems at each service address to twice per week, based on the following schedule. This includes landscape watering of parks, golf courses and sports fields. Zone Allowed Water Days A Tuesday and Friday B Wednesday and Saturday C Thursday and Sunday Zone ��A" is north of Colleyville Boulevard and west of Pleasant Run Road. Zone ��B" is north of Glade Road and east of Pleasant Run Road. Zone ��C" is south of Glade Road and east of Colleyville Boulevard. 5 � (g) No watering will be allowed on Monday. These restrictions also apply to government facilities. Exceptions: � (a) Twice per week watering restrictions do not apply to locations using well water or treated wastewater effluent for irrigation. (b) Foundations may be watered up to two hours on any day by handheld hose; or using a soaker hose or drip system placed within 24-inches of the foundation that does not produce a spray of water above the ground. (c) Newly installed shrubs (first year) and trees may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose, or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. (d) Establishing new turf is discouraged. If new hydro-mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. A sign issued by the City of Colleyville must be prominently displayed during the establishment period. After that, the watering restrictions set forth in this stage apply. (This exception does not include over seeding with rye or other winter grasses since turf already exists.) (e) Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the director of public works. If the director of public works determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single C: day, and that the property should be divided into sections to be watered on different days, a sign, issued by the City of Colleyville that states such exemption has been granted must be prominently displayed for the duration of the exemption. (f) Drip irrigation systems. (g) Misting systems for public gatherings, including outdoor eating venues. (h) Irrigation systems that are undergoing repair provided a licensed irrigation contractor or property owner is on site and doing necessary repair work. Irrigation repair work may take place anytime during the day, provided no irrigation zones are operating continuously for more than two minutes. (i) Swimming pools that are being repaired for leaks (this does not include cleaning) may be emptied and filled for the specific purpose of structural repairs. (j) Swimming pools that have been declared a health hazard due to lack of proper maintenance (vacant property, for example) may be emptied and refilled for the purpose of eliminating the health hazard. Owners of such pools may be subject to other enforcement actions as determined by the City's Code Enforcement Officer. (k) Flushing of fire hydrants to ensure water quality complies with state requirements. (I) Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (m) Skinned areas of sports fields may be watered as needed for dust control. (n) Plant stock at commercial plant nurseries. (o) All users are encouraged to use Texas native and drought tolerant plants in landscaping. In addition to the above restrictions, the following additional measures will be taken: (a) Continue public education efforts on ways to reduce water use. (b) Increase enforcement efforts. (c) Audit all City irrigation systems to ensure proper condition, settings, and operation. 7 (d) Hotels, restaurants and bars are encouraged water to patrons on an ��as requested" basis. (e) Identify and encourage voluntary reduction volume water users through water use audits. Staae 2, Water Warnina Triqaerina and Terminatina Conditions to serve drinking measures by high- (a) TRA directs that Stage 2 measures be implemented. (b) Water demand is projected to approach the limit of permitted supply. (c) Supply source becomes contaminated. (d) Water supply system is unable to deliver water due to the failure or damage of major water system components. (e) The city manager, with concurrence of the City Council, finds that conditions warrant the declaration of a Stage 2 drought. Stage 1 may terminate when authorized by TRA, and/or when the circumstances that caused the initiation of Stage 1 no longer prevail, or at the discretion of the city manager. Actions Available under Staae 2, Water Warnin The city manager may order the implementation of the actions listed below, as deemed necessary. Measures imposing mandatory requirements on customers require notification to TRA, TRWD and TCEQ. (a) Continue Stage 1 actions. (b) Limit landscape watering with sprinklers or irrigation systems at each service address to one day per week, based on the following schedule. This includes landscape watering of parks, golf courses and sports fields. Zone Allowed Water Days A Tuesday B Wednesday C Thursday (c) Prohibit the use of water for dust control, except as required to protect public health. :, (d) Landscape watering of municipal parks, golf courses, and sports fields is limited to once every seven days; or once every seven days per irrigation station if a variance is granted by the director of public works. (See exceptions to outdoor watering restrictions for rules that apply to facilities with large multi-station irrigation systems.) (e) Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (f) Prohibit wet street sweeping. (g) Prohibit watering for dust control on skinned areas of sports fields. (h) Prohibit filling of swimming pools with automatic valves. Exceptions: � (a) Once per week watering restrictions do not apply to locations using well water or treated wastewater effluent for irrigation. (b) Foundations may be watered up to two hours on the two watering days allowed in Stage 1 by handheld hose; or using a soaker hose or drip system placed within 24-inches of the foundation that does not produce a spray of water above the ground. (c) Newly installed shrubs (first year) and trees may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose, or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. (d) Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the director of public works, if the director of public works determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be watered on different days. A sign, issued by the City of Colleyville, which states such exemption has been granted must be prominently displayed for the duration of the exemption. (e) All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. If new hydro-mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. A sign issued by the City of Colleyville must be prominently displayed during the establishment period. After that, the watering restrictions set forth in this stage apply. (This �� exception does not include over seeding with rye or other winter grasses since turf already exists.) (f) Drip irrigation systems. (g) Misting systems for public gatherings, including outdoor eating venues. (h) Irrigation systems that are undergoing repair provided a licensed irrigation contractor or property owner is on site and doing necessary repair work. Irrigation repair work may take place anytime during the day, provided no irrigation zones are operating continuously for more than two minutes. (i) Swimming pools that are being repaired for leaks (this does not include cleaning) may be emptied and filled for the specific purpose of structural repairs. (j) Swimming pools that have been declared a health hazard due to lack of proper maintenance (vacant property, for example) may be emptied and refilled for the purpose of eliminating the health hazard. Owners of such pools may be subject to other enforcement actions as determined by the City's Code Enforcement Officer. (k) Flushing of fire hydrants to ensure water quality complies with state requirements. (I) Plant stock at commercial plant nurseries. (m) All users are encouraged to use Texas native and drought tolerant plants in landscaping. In addition to the above restrictions, the following additional measures will be taken: (a) Further accelerate public education efforts on ways to reduce water use. (b) Increase frequency of inedia releases on water supply conditions. (c) Continue increased enforcement efforts. (d) Audit irrigation systems to ensure proper condition, settings, and operation. (e) Continue to identify and encourage voluntary reduction measures by high-volume water users through water use audits. Staae 3, Water Emeraency Triqqerinq and Terminatinq Conditions (a) TRA directs Stage 3 measures to be implemented. (b) Water demand is projected to approach the limit of permitted supply. (c) Supply source becomes contaminated. 10 (d) Water supply system is unable to deliver water due to the failure or damage of major water system components. (e) The city manager, with concurrence of the City Council, finds that conditions warrant the declaration of a Stage 3 drought. Stage 3 may terminate when authorized by TRA, and/or when the circumstances that caused the initiation of Stage 3 no longer prevail, or at the discretion of the city manager. Actions Available under Staqe 3, Water Emerqencv The city manager may order the implementation of the actions listed below, as deemed necessary. Measures imposing mandatory requirements on customers require notification to TRA and TRWD. (a) Continue Stage 1 and 2 actions. (b) Prohibit all landscape watering, including at parks, golf courses, and sports fields. (c) Prohibit establishment of new landscaping. Exceptions �. - � � (a) Foundations may be watered up to two hours on the two watering days allowed in Stage 1, but only between the hours of 6:00 p.m. and 10:00 a.m. by handheld hose; or using a soaker hose or drip system placed within 24-inches of the foundation that does not produce a spray of water above the ground. (b) Newly installed shrubs (first year) and trees may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose, or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. (c) Vehicle washing is restricted to commercial car wash or commercial service station and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited. (d) Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi type pools. Existing private and public pools may 11 add water to maintain pool levels; however they may not be refilled using automatic fill valves. In addition to actions listed above: (a) Continue actions available under Stages 1 and 2. (b) Implement viable alternative water supply strategies. (c) Continue to issue media releases explaining emergency situation. (d) Reduce City water use to maximum extent possible. (e) Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water. (f) Landscape watering at municipal parks, golf courses, and sports fields is prohibited. Exceptions: �, � � (a) Hotels, restaurants, and bars are required to serve drinking water to patrons on an ��on requested" demand" basis. (b) Stock at commercial plant nursery may be watered only with a hand-held hose, hand-held watering can, or drip irrigation system. (c) Commercial water users required to reduce water use by a set percentage determined by the director of public works. Section 9. Procedure for Curtailment of Water Supplies Any mandatory reduction to deliveries from TRWD to its customers shall be distributed as required by Texas Water Code §11.039. In addition, every wholesale water supply contract, entered into or renewed after adoption of this plan, including contract extensions, shall include a provision that water will be distributed in accordance with the Texas Water Code §11.039 in case of a water shortage resulting from drought. To the extent not prevented by enforcement of provisions in the Water District's wholesale contracts in effect before November 28, 1999, TRWD will implement pro rata curtailment of water deliveries pursuant to Texas Water Code §11.039. 12 Section 10. Procedure for Granting Variances to the Plan The city manager may grant temporary variances, for existing water uses otherwise prohibited under this drought contingency plan, to a customer if one or more of the following conditions are met: (a) Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance. (b) Compliance with this plan cannot be accomplished due to technical or other limitations. (c) Alternative methods that achieve the same level of reduction in water use can be implemented. Variances shall be granted or denied at the discretion of the city manager. All petitions for variances should be in writing and should include the following information: (a) Name and address of petitioner(s). (b) Purpose of water use. (c) Specific provisions from which relief is requested. (d) Detailed statement of the adverse effect of the provision from which relief is requested. (e) Description of the relief requested. (f) Period of time for which the variance is sought. (g) Alternative measures that will be taken to reduce water use. (h) Other pertinent information. Section 11. Enforcement Violations of restrictions will first result in a warning, and then subsequent violations will result in a citation with a fine not to exceed $2,000.00 per incident. Section 12. Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2,000.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 13 ��.�,.E'Y"V'I . . �t o o e v� e Water y y . onservat�on a n Drou t . ont� n enc P a n y .�j . �., � n..r .rr � . �... � � � � � �. �. �. � � � � April 11, 2012 • Cu rrent pla n was adopted i n 2006, prior to the current Tarrant Regional Water District (TRWD) a nd Tri n ity River Authority (TRA) pla ns • Proposed revisions a I ig n stages of conservation and permissible uses with TRWD and TRA plans and add some new exemptions and clarifications �. t z� � C��.L�LE ��.�,�+.' • CU RRE NT PLAN • Four (4) Stages ■ Stage 1 - Water Awa reness ■ Stage 2 - Water Watch ■ Stage 3 - Water Warning ■ Stage 4 - Water Emergency • PROPOSED PLAN • Three (3) Stages ■ Stage 1- Water Watch ■ Stage 2 - Water Warning ■ Stage 3 - Water Emergency �. t z� � C��.L�LE ��.�,�+.' • Changed from Stage 1 to year-round requirement • Proh i bits i rrigation between the hou rs of 10 : 00 a. m. and 6:00 p. m. year round • Provides for exemptions for repairs to swimming pools and irrigation systems • Eliminated the requirement for new and retro-fitted rain sensors as they are now part of the development code �. t z� � C��.L�LE ��.�,�+.' • Includes all Water Awareness Actions • Mandates two-day-a-week watering • Allows for pools to be drained and repaired for structural repairs and elimination of health hazards only • Allows for irrigation systems to be repaired • Allows new turf to be watered for 30 consecutive days and requires a City provided sign with expiration date to be posted prominently • Provides for a va ria nce for commercia l, pu bl ic a nd private lots that have large multi-station irrigation systems and cannot be completely irrigated with 3/4 of an inch in one watering day • Allows misting systems at public gathering places, including resta u ra nts �. t z� � C��.L�LE ��.�,�+.' • Includes all Stage 1 actions • Li m its i rrigation to one day a week • Prohibits use of ornamental fountains except where necessa ry to su pport aq uatic I ife • Proh i bits use of water for d ust control on sports fields �. t z� � C��.L�LE ��.�,�+.' • Includes all Stage 2 actions • Proh i bits esta bl ish ment of new lawns • Restaurants serve water ��on demand" • Proh i bits a I I la ndsca pe i rrigation except for newly installed shrubs (first year - hand watering only) • Requires reduction in commercial usage �. t z� � C��.L�LE ��.�,�+.' • Consideration is being given by TRWD, TRA and officials of large cities to impose the two-day a week watering restriction year round • This action is not being proposed at this time • Subject to City Council direction, the revised Ord i na nce wi I I be broug ht back for consideration at the next City Council meeting. �. t z� � C��.L�LE ��.�,�+.' �. t z� � C��.L�LE ��.�,�+.' LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-3 Type Pre Council Department Police City of Colleyville City Council Agenda Briefing Agenda Date 04/11/2012 Title Northeast Trunked Radio Consortium update City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation At the December 14, 2010 Pre Council meeting, staff briefed the City Council that the existing 20-year-old analog Motorola 800 MHZ trunked radio system used for public safety and public works radio communications, was nearing its end of operable life, due to outdated technology and the projected unavailability of replacement parts. The system was purchased with, and is jointly owned, by six Northeast Tarrant County area cities (Bedford, Colleyville, Euless, Grapevine, Keller/Westlake, and Southlake) that comprise the Northeast Trunked Radio Consortium, known as NETCO. NETCO has been informed by Motorola, that as of December 2013, they can no longer reliably provide repair parts for the system. As a result, that date has been identified by Motorola and NETCO as the end of operable life for the trunked radio system and requires replacement. Additionally, NETCO has determined that the jointly owned Motorola 800 MHZ trunked radio system should be replaced with a system that will be compliant with the Federal Communications Commission (FCC) P25 digital standard for all trunked public safety radio systems. The date for this compliance is currently set by the FCC for the end of January 2015. NETCO believes the radio system replacement can best be accomplished by upgrading the existing Motorola 800 MHZ trunked radio system, which includes base radios and related tower equipment with a Motorola digital 700/800 MHZ trunked system. This will ensure the existing portable, mobile, and control station radios can remain in service after software upgrades to each radio that will allow the P25 digital standards to be met. The purchase agreement will also include portable, mobile, and control station radios that will need to be purchased as replacements for existing radios, that are not capable of making the transition to the new P25 digital standard. Each of the NETCO cities will be responsible for 1/6 of the total $4,251,263 base radios and related tower equipment cost, or $708,544 for each NETCO member city, and all the cost of their respective portable, mobile, and control station radios, which varies by city depending on the number of radios in use. Colleyville's portable, mobile, and control station radios cost is projected to be $516,678. The overall cost to Colleyville for the new 700/800 MHZ P25 digital trunked radio system is $1,225,201, before any early acquisition discounts are applied. An opportunity to take advantage of reduced pricing has been identified that will allow each NETCO city to enter into a purchase agreement with Motorola Solutions, and City of Colleyville Page 1 City Council Agenda Briefing these separate agreements will then be combined at the time of purchasing the base radios and related tower equipment and portable, mobile, and control station radios. This reduction in cost is based on pricing offered to the City of Fort Worth by Motorola Solutions for the purchase of a similar upgrade to their Motorola 800 MHZ trunked radio system. This reduction in pricing is comprised of two parts; the first is a 9.1 percent reduction off of current HGAC contract pricing for the base radios and related tower equipment, with the second part being an additional 34.14 percent reduction off of current HGAC contract pricing for the portable, mobile, and control station radios. Each of the NETCO cities will be responsible for 1/6 of the $3,864,397 discounted base radios and related tower equipment cost or $644,066 for each NETCO member city and all the cost of their respective portable, mobile, and control station radios. Colleyville's discounted portable, mobile, and control station radios cost is projected to be $350,468. The overall cost to Colleyville for the new 700/800 MHZ P25 digital trunked radio system is $994,534 with all discounts applied, as is outlined in the Colleyville pricing attachment. This reduced pricing is contingent on the purchase agreement being executed no later than June 29, 2012. If the purchase agreement is executed after June 29, 2012, the portable, mobile and control station radios price reverts to 20 percent off HGAC contract pricing, or a reduction of 14.14 percent in the savings. The base radios and related tower equipment price would remain the same. In addition to the reduced pricing by entering into the purchase agreement, NETCO cities will accrue no interest until October 2013, and the first payment on the agreement will not be due until October 2013. The proposed financing of the system would be a lease purchase through Motorola for a period of four years. Included in the FY 2012 budget is a transfer of $100,000 from the General Fund to the Capital Equipment Replacement Fund, as seed money for the trunked radio system replacement. At September 30, 2011, there was available cash of $1,188,907 in the Debt Service Fund and the acceptable level of available cash in that fund is $750,000. Over the next four years, available cash in excess of the $750,000 level would be used for radio system lease payments. In conjunction with the trunked radio system upgrade, there will be a required upgrade to equipment at the Northeast Joint Communications Center known as NETCOM, which handles all radio communications and serves as the 911 answering point for Colleyville, Keller/Westlake, and Southlake. The upgrade of equipment at NETCOM includes both radio consoles and telephone/radio recording devices. At present, Colleyville's share of these cost is projected to be $64,343. This portion of the overall radio system and communication center upgrade will be addressed in a future briefing. The replacement of the existing 800 MHZ Trunked Radio System is a need that must be met to continue providing an operable radio system for the safety of citizens and employees, along with maintaining radio interoperability with the other member cities of NETCO. If Colleyville does not participate in the NETCO tower replacement, we would need to seek an alternative radio system and risk losing interoperability with the City of Colleyville Page 2 City Council Agenda Briefing majority of our bordering cities. City Council direction is requested regarding the NETCO trunked radio system upgrade. If directed by City Council to proceed to replace the radio system and subscriber units, it is anticipated this item will be presented to City Council for approval as part of the April 17, 2012 agenda. Attachments 1. Colleyville Pricing 2. Northeast Trunked Radio Consortium Presentation City of Colleyville Page 3 The liifrastructure, li�stallation, Civil and Site Developinent, System li�tegratioi7 and Subscribers summary is shown below. Proposal Pricing is based oi7 a specific design and scope of services which will be detailed in our final proposal verbiage. Colleyville Summary Infrastructure, Subscribers and System Integration Item Description HGAC Pricing Fort Worth Pricing 1 Colleyville Infrastructure & System Integration Portion - 1/6 of total $ 708,543.77 $ 644,066.28 2 Colleyville Flash Subscribers $ 130,579.27 $ 92,992.50 3 Colleyville APX Subscribers $ 386,078.25 $ 257,475.12 *SYSTEM TOTAL BEFORE INCENTIVES $ 1,225,201.30 *Incentives based on the specific quantities and types of equipment proposed and changes to scope will result in modifications to offered incentives. Through and including December 31, 2014, Motorola shall offer additional equipment to the City at HGAC pricing with the following: (1) an additional 9.10% discount on infrastructure, civil work, system services, and subscriber accessories, and (2) an additional 34.14% discount on all APX 6000, APX 6500, APX 7000, APX 7500, XTS, and XTL subscriber units and flash kits. This pricing does not include any LTE equipment. No other promotions apply. If a third party enters into a written agreement with Purchaser to use the System for the entity's primary public safety communications needs ("Third Party User"), the Third Party User will be entitled to pricing as set forth in the Section 6(G) for equipment to be used primarily on the System for a period of time ending on June 29, 2012. From June 30, 2012 through and including December 31, 2014, Third Party Users will be entitled to the following pricing: H-GAC pricing with the following (1) an additional 9.10% on infrastructure, civil work, system services, and subscriber accessories, and (2) an additional 20.0% discount on all APX 6000, APX 6500, APX 7000, APX 7500, XTS, and XTL subscriber units and flash I<its. Third Party Users will be required to enter into a contract with Motorola substantially similar to the terms in this Agreement with adjustments depending upon if the purchase will be equipment only or an add-on to the System. Proposal and Add-on Incentives for Fort Worth and Primary Users $ (230,667.39) TOTAL SYSTEM COST AFTER INCENTIVES Price Validity June 29th, $ 994,533.90 2012 for Proposal Pricing and all Incentives Offered Motorola Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the title page NETCO OBColleyville Proposal Pricing 3/21/12—URev 3 1-1 The Subscriber price tables for each agency are shown below. Colleyville Flash Subscribers Flash Kit Upgrades to P25, Integrated Voice & Data (IV&D) and Programming over P25 (POP25) Quantity Department Description HGAC Extended Price HGAC Unit Price 30 Police Department XT52500 Flash Upgrades $ 29,160.00 $ 972.00 2 Fire Department XTL2500 Flash Upgrades $ 1,904.00 $ 952.00 6 Police Department XTL2500 Flash Upgrades $ 5,712.00 $ 952.00 13 Police Department XTL2500 Flash Upgrades with Rebanding Software upgrade $ 16,536.00 $ 1,272.00 20 Public Worl<s XTL2500 Flash Upgrades $ 19,040.00 $ 952.00 0 Fire Department XT55000 Flash Upgrades Removed Removed 0 Police Department XT55000 Flash Upgrades Removed Removed 10 Fire Department XTL5000 Flash Upgrades $ 12,120.00 $ 1,212.00 4 Fire Station XTL5000 Flash Upgrades $ 4,848.00 $ 1,212.00 11 Police Department XTL5000 Flash Upgrades $ 13,332.00 $ 1,212.00 96 All Flash Subscribers $ 10,472.73 $ 109.09 96 All ProgramSubscribers2xTouches $ 17,454.55 $ 181.82 Total Subscribers $ 130,579.27 N/A TotalSubscriberswith Fort Worth Pricing $ 92,992.50 N/A Colleyville APX Subscribers APX with P25, IV&D and POP25 Quantity Department Description HGAC Extended Price HGAC Unit Price 40 Fire Department APX6000XE Ruggedized Model 2.5 Portables with RSM and Single $ 181,664.00 $ 4,541.60 Unit Chargers, Public Safety Yellow 40 Police Department APX6000 Model 2.5 Portables with RSM and Single Unit Chargers $ 155,264.00 $ 3,881.60 0 Public Works APX6000 Model 2.5 Portables with RSM and Single Unit Chargers Removed Removed 4 Fire Department APX7500 Mobile Remote Mount, OS Control Head, 3db Antenna $ 19,163.20 $ 4,790.80 1 Police Department APX7500 Mobile Remote Mount, OS Control Head, 3db Antenna $ 4,790.80 $ 4,790.80 2 Fire Station APX7500 Consolette $ 12,400.80 $ 6,200.40 4 All Install FD Remote Mobiles $ 2,727.27 $ 681.82 1 All Install PD Remote Mobiles �$ 340.91 $ 340.91 2 All Install Fire Station Consolette, no antenna systems $ 1,818.18 $ 909.09 87 All Program Subscriber 1x Touch $ 7,909.09 $ 90.91 TotalSubscribers $ 386,078.25 N/A Total Subscribers with Fort Worth Pricing $ 257,475.12 N/A Blue lugl�lights indicate Revision 3 updates. NETCO 1-2 OBColleyville Proposal Pricing 3/21/12—URev 3 Motorola Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the title page ■ or eas run e a �o . onsor � u m a e Pre Council Meeting Apri I 11, 2012 Trun e Ra io stems y • A tru n ked rad io system is one that uses a com puter system to ma nage rad io traffic m uch I i ke a cel I system to allow more efficient use of radio freq uencies • There are 6 other trunked radio systems in our area - Arlington - Mansfield - Irving - Fort Worth - Grand Prairie - D FW Ai rpo rt • All are in some phase of upgrade or replacement • FCC requiring updates as of ]anuary 2015 �' `� � ��,�� o� .. Nort east Tru n Ra io onsorti u m N ET H istor y • 1993 - Original trunk radio system purchased by Bedford a nd Col leyvi I le (located i n Col leyvi I le's City Pa rk) • 1994 - Kel ler joi ns as mem ber • 1996 - Eu less joi ns as mem ber • 2002 - Grapevine joins as member and i ncreased to th ree sites (Tower Grapevine and Euless) • 2003 - South la ke joi ns as mem ber syste m i s added in s ��rrI'� � ��LL�� ' N ET enera u i e i nes • All member cities shall equally share in the cost of any and all system upgrades • Any request for expenditure regular maintenance shall be committee members of funds reviewed beyond by all • Committee recommendations shall be submitted to City Ma nagers with a I I fu nd i ng req uests • The Com m ittee is not a uthorized to enter i nto any agreements or contracts .�� .��Y�.�� ' . . . . u rrent An n ua erations ost Motorola tower site maintenance: G e n Wa tc h syste m a n d softwa re : Non-radio site maintenance: $183,654 $ 93,310 $145,638 all cost not related to radio equipment at the tower sites such as utilities, HV/AC repairs, general maintenance to site buildings etc. Each N ETCO mem ber pays : $71,000* *Th is does not i ncl ude each city's ma i ntena nce on thei r handhelds, mobiles, and consoles � 5 � �t ��;�l�r� ° � ,. • tate o t e NET stem y • Many parts of the radio infrastructure the tower electronics, dispatch consoles station radios are 20 years old including a nd base • The Trunked Radio System is facing terminal su pport on severa I key com ponents s ��rrI'� � ��LL�� ' A ecte NET om onents • Su bscri bers — Portable radios — Mobile radios • Infrastructure — Dispatch Consoles — Tower electron ics / base station rad ios s ��rrI'� � ��LL�� ' . . W R W ? o e aces at. Su bscri bers (rad ios) a re each city's responsi bi I ity — Differs by city — Southlake and Keller currently in the process of replaci ng Infrastructure — Infrastructu re cost a re spl it six ways between N ETC O m e m b e rs — Consoles and replacement mem ber cities related dispatch equipment in conjunction with NETCOM .�� .��Y�.�� ' ■ , ■ oev�ess�mae oss • Su bscri bers : Upgrade and replacement of subscriber components: software on P25 upgradeable radios and cost of new radios that wi I I not u pg rade to P25 • Infrastructu re : NETCO Components Total Cost NETCOM Regional Dispatch Components �� 1 � • i '�•�� 1•• $994, 534 $64,343** *NETCO cost shown is 1/6 of total replacement cost **NETCOM Regional Dispatch cost shown is 1/3 of total replacement cost .�`� � ��.��Y�.�� ' ■ � ■ o e v� e s t�ons y • Conti n ue pa rtnersh i p with N ETCO mem ber cities and replace the current system with a new trunked radio system compatible with our existing portable, console, and mobile components • Seek a n a Iternative i nteropera bi I ity with agencies rad io system a nd risk losi ng the majority of bordering � � � �� , �. Recom men ation Pa rtner with N ETCO mem ber cities i n replaci ng the existi ng tru n ked rad io system with a system that will maintain interoperability with local, state, and federal agencies s ��rrI'� � ��LL�� ' uestions s ��rrI'� � ��LL�� ' LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-4 Type Pre Council Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 04/11/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Discussion of the April 11, 2012, City Council regular agenda items City of Colleyville Page 1 LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number 1 Type Executive Session Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 04/11/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com 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 - Consultation with attorney regarding Land Development Code and Rules of Procedure 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 RESOLUTION R-12-3480 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 11, 2012 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 11T" DAY OF APRIL 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing Agenda Number 3 Agenda Date 04/11/2012 Type Announcements, Proclamations and Presentations Department Parks and Recreation City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Proclamation in recognition of Child Abuse Prevention Month - Julie Evans, Associate Executive Director, Alliance For Children Proclamation in recognition of Keep America Beautiful, Keep Colleyville Beautiful, Great American Cleanup and Arbor Day in Colleyville - Icie Berkman, Chairman, Colleyville Spring Clean Sweep, Keep Colleyville Beautiful, Monica Walsh, Parks and Recreation Di recto r Attachments 1.Proclamation in recognition of Child Abuse Prevention Month 2.Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup, and Arbor Day in Colleyville City of Colleyville Page 1 / CITY OF Colle ville, Y Texas WHEREAS: 17S,4Z1 in�estigations regarding reports of child abuse or neglect were reported in Texas in �Q11, with 17,397 of those being reported in Tarrant County; and WHEREAS, 5,888 cases of child abuse and neglect were canfirmed in Tarrant Cou�ty in Z011; and WHEREAS, Alliance for Children pro�ided child-focused ser�ices to 2,292 children in 2011, which includes 479 children in Northeast Tarrant County; and WHEREAS, Alliance For Children is celebrating 20 years of serving as Tarrant County's Child Advocacy Center and provided prevention education to over 30,30Q adults and children in Tarrant County in 2012; WHER�AS, efF�cti�e child abuse prevention programs succeed because of partnerships among agencies, schools, religious organizations, law enforcement agencies, and the business community, and everyone should become more aware of child abuse prevention and consider � helping parents raise their childre� in a safe and nurturing environment. NOW, THEREFOR�, I, DAVTD KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, o� behalf oF the Colleyville City Cauncil and the citizens af Calleyville, do hereby proclaim Apri! 2012 to be CHILD ABUSE PREVENTiON M�NTH and call upon all citizens, community agencies, religious organ�zations, rnedical facilities artd businesses to increase their participation in our efiforts ta pre�ent child ab�ase, thereby strengthening the communities in which we li�e. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyvi��e, Texas, affixed this 11th day of April 201Z. � Mayo ��, o� � / CTTY OF Colle ville, y Texas WHEREAS: Keep America Beautiful, Inc., a national not-for-profit organization dedicated to helping indi�iduais impro�e iheir community environment, established the Great American Cleanup as the signature national effart far in�olving American citizens in en�ironmental stewardship; and WHEREAS, the City of Colleyville is praud of its natural resources and neighborhoods and seeks to protect and impro�e our community through the action of citizens, schools, go�ernments and businesses working together; and WHEREAS, in 1872, J. Sterling Mor�on praposed to the Nebraska Board of Agriculture that a special day be set aside for tF�e planting of trees, this hoi[day, called Arbor Day, was first observed with the planting of more than a millian trees in Nebraska; and WHEREAS, trees reduce the erosion of precious topsoil by wind and water, cut h�ating and caoling costs, moderate the temperature, clean the air, produce o�rygen, and provide habitat for wildfife and Arbor Day is abserv�d throughout the world and has become a day dedicated to the beauty, usefulness and preservation of trees; and WHEREAS, the City of Colley�ille is celebrating their 14"' year of being designated a Tree City USA community. NOW, THEREFORE, I, DAVID KE�LY, MAYOR QF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council do hereby proclaim April 14, 2012 as the KEEP AMERICA BEAUTI�UL AND KEEP COLLEYVILLE BEAUTIFUL GREAT AMERICAN CLEANUP AND ARBOR DAY IN COLLEYVILLE and call upon our ci�iz�ns to join in the acti�ities that promote responsib�e environmental stewardship and help us renew our commitment to building a better worfd today and for future generations. IN WITNESS WHEREOF, I do hereby set my hand and seal of th� Ciiy of Colleyville, Texas, affixed this 11th day of April 2012. Mayor Ci►Y of �� RESOLUTION R-12-3481 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 11, 2012 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 March 20, 2012 b. Approval of an interlocal agreement with Tarrant County for the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail, and authorize the city manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 11T" DAY OF APRIL 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor c�� 4' or- � COLLEYVTLfi.E � r: x :'� ` City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 20, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on March 20, 2012, at 5:36 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Economic Development Coordinator Heather Gaven, Community Center Manager Lin Przybyl, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Strategic Services Manager Eric Ellwanger, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. PC-1 Presentation of the Economic Development Strategic Plan - 2012 Update Economic Development Director Marty Wieder introduced Heather Gaven, Economic Development Coordinator. Economic Development Director Wieder reviewed the 2012 Economic Development Strategic Plan and answered questions of the City Council. Mr. Wieder stated staff will propose to expand the activities of the Architectural Review Commission, establish a Colleyville Exchange initiative and explore outside funding opportunities. Mr. Wieder spoke regarding potential long-term funding options for economic development efforts. Discussion ensued regarding the potential restructure of the Tax Increment Reinvestment Zone (TIRZ) to facilitate quality development and redevelopment. Councilmember Taylor requested an electronic version of the Colleyville Economic Development newsletter. Mayor Kelly expressed appreciation to Economic Development Director Wieder for the economic development efforts and successes in the City. PC-2 Discussion of the structure and membership of the Colleyville Events Steering Committee City of Colleyville Page 1 - City Council Agenda March 20, 2012 Library Director Mary Rodne presented a history of the Colleyville Events Steering Committee, outlined the structure of the Committee, presented options for restructuring the Committee and answered questions of the City Council. Discussion ensued regarding the composition of the Committee and community participation in City events. City Council determined the composition of the Colleyville Events Steering Committee, as outlined in Option A, is the desired structure and membership and requested an item be placed on the next City Council agenda for consideration of the proposed changes. PC-3 Discussion of changing the date of the April 3, 2012 regular City Council meeting City Council determined the first regular City Council meeting in April 2012 will be changed to April 11, 2012. PC-4 Presentation of the Monthly Financial Report - February 2012 Finance Manager Karen Hines presented the February 2012 Monthly Financial Report and answered questions of the City Council. PC-5 Discussion of the March 20, 2012, City Council regular agenda items Mayor Kelly stated agenda item 5a, Approval of a request for a Special Use Permit for an auto repair and paint and body shop located at 6800 Colleyville Boulevard has been withdrawn by the applicant. Assistant City Manager and Chief Financial Officer Terry Leake introduced Steven Polasek, Assistant City Manager, Keller, Texas, and presented information regarding Consent agenda item 4b, the proposed interlocal agreement for combined Municipal Court services for the cities of Colleyville and Keller, and answered questions of the City Council. Ms. Leake stated the software implementation would be scheduled for October 2012, and reviewed the docket process, the financial impact, and staffing plan. Mayor Kelly requested the selection committee for the Municipal Judge be comprised of the Mayor and two Councilmembers. City of Colleyville Page 2 City Council Agenda March 20, 2012 Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding Consent agenda item 4d, the proposed purchase of the Munis ERP financial suite from Tyler Technologies, the software modules, the funding source for the software and answered questions of the City Council. Information Services Manager Chris Pena provided information regarding the maintenance and implementation of the financial software. Discussion ensued regarding the benefits of the software for citizens and the software vetting process. Mayor Kelly adjourned the Pre Council meeting at 7:10 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:11 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Code Enforcement Officer Ky Roby, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. 1. EXCUTIVE 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 551.072 - 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 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 City of Colleyville Page 3 City Council Agenda March 20, 2012 explained there would be no decisions made or action taken during this time. The meeting was recessed at 7:11 p.m. and reconvened at 7:48 p.m. INVOCATION: Pastor Lee Johnson, Bear Valley Community 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-12-3476 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Carol Wollin invited citizens to join Friends of the Colleyville Public Library for a special program featuring Steve Jacob, an award-winning journalist and Colleyville resident. Mr. Jacobs will talk about the state of healthcare in the United States in 2012 and 2020. His new book, Health Care in 2020: Where Uncertain Reform, Bad Habits, Too Few Doctors, and Skyrocketing Costs are Taking Us was published in January 2012. In the book, Mr. Jacobs distills six years of reporting on healthcare policy and reveals what can truly be done to change the course of American health. Mayor Kelly announced, in collaboration with Baylor Regional Medical, and as part of the Community Lifestyle Challenge, the City will host the ��Udderly Cool Dairy Day", on Saturday, March 24 on the ��green" in front of the Colleyville Public Library 12:30 to 2:30 p.m. In addition to healthy living tips from Baylor and the conclusion of the Community Weight Loss Challenge, the event will feature homage to Colleyville's dairy producing past. The Southwest Dairy Farmers will be on hand teaching children and adults how to milk a cow, make butter and generally eat healthier. Real cows, milking presentations, children's crafts, and tastings from the Village Baking Co. and Strykly Texas Cheese will be part of the festivities. Mayor Kelly invited citizens to the annual candy-free, Hoppin' Good Egg Hunt Saturday, March 31, 2012, at the Village at Colleyville 10 a.m. until noon. The free event is geared to children ages 12 and under. City of Colleyville Page 4 City Council Agenda March 20, 2012 Ms. Ginny Tigue, Ms. Elsie Gunter and Ms. Pat Jones, Colleyville Public Library Foundation members, presented a check for $10,000 from the Robert J. and Helen H. Glaser Family Foundation for the Colleyville Public Library Summer Reading Program. Ms. Tigue stated, this is a special donation given annually to the library by the Glaser Family Foundation and the Glaser family has donated a total of $95,000 over a nine- year period. Ms. Tigue further stated the Colleyville Public Library Foundation was founded in 2003, before the library opened, and has donated a total of $522,700 to the library. Mayor Kelly expressed appreciation for the generosity of the Glaser Family Foundation and the Colleyville Public Library Foundation. Library Director Mary Rodne expressed gratitude to the Glaser Family Foundation and stated the Glaser family has supported the Summer Reading Program since 2004 and because of the funding, the library offers exceptional reading programs for children, teens, and adults. Ms. Rodne stated the 2012 Summer Reading Program theme is ��Reading Is So Delicious". Mayor Kelly recognized Colleyville business of the month, German Deli, and stated the business has a local and international presence. Ms. Inga Bowyer, President, German Deli, provided information regarding the expansion of the business, stated the deli is the number one on-line German food store in the United States and Canada for non-perishable items, introduced Wendy Edington, Operations Manager, and expressed appreciation for the recognition. Ms. Edington spoke regarding the German Deli customer loyalty. Mayor Kelly recognized Fire Engineer Robert Simpson for his efforts to save a life and presented Mr. Simpson with the Medal of Merit. Fire Chief Russell Shelley commended Fire Engineer Simpson for bravery and lifesaving efforts. Mayor Kelly expressed appreciation to all of the firefighters for risking their lives to protect the citizens of Colleyville. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3477 4a Approval of the minutes of the regular City Council meeting of March 6, 2012 City of Colleyville Page 5 City Council Agenda March 20, 2012 4b Approval of an Interlocal Agreement for combined Municipal Court services for the cities of Colleyville and Keller 4c Approval of the disposal of obsolete computer equipment and printers, and authorize the city manager to execute the agreement 4d Approval to purchase the Munis ERP financial suite from Tyler Technologies, in an amount not to exceed $475,000, and authorize the city manager to execute the documents 4e Approval of an Interlocal Agreement with the City of Arlington for cooperative purchasing of goods and services, and authorize the city manager to execute the agreement 4f Approval of a donation from Mr. Tom Shrewsbury, in the amount of $1,300, to the Colleyville Police Department for the designated purpose of funding the purchase of two (2) new Sig Sauer Model P226 handguns Mayor Kelly read Resolution R-12-3477 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake reviewed the steps that led to the proposed combination of Municipal Court services for the cities of Keller and Colleyville and stated a joint study group composed of Colleyville's Assistant City Manager, Finance Manager and Information Systems Manager and Keller's Assistant City Manager, Police Chief, Police Support Services Lieutenant and Information Systems Manager reviewed the feasibility of combining the municipal court operations, examining judicial services, respective charter requirements, staffing levels, future software needs, operational policies and potential cost savings. Ms. Leake reviewed the staffing plan and estimated annual cost savings with regionalization. Assistant City Manager and Chief Financial Officer Terry Leake stated the City's current financial technology, FundBalance, was purchased in 1992, updated in 1995, and will no longer be supported after 2014. Ms. Leake reviewed the objectives for the purchase of new financial software, the software selection process, and the cost and funding sources for the purchase of the Munis ERP financial suite and infrastructure asset management software. Ms. Leake stated the software would be implemented and operational by January 2013 and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-12-3477, with the amendment to Consent agenda item 4b, Exhibit ��A", that the municipal judge review and selection committee consist of the Mayor and two City Councilmembers from each city. City of Colleyville Page 6 City Council Agenda March 20, 2012 Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1826 Approval of a request for a Special Use Permit for an auto repair and paint and body shop on Lot 2A, Block 1, of the D and W Addition located at 6800 Colleyville Boulevard, Case ZC12-002 Mayor Kelly read the caption of Ordinance 0-12-1826. Community Development Director Ron Ruthven stated the applicant submitted a request to withdraw the rezoning request. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Muhm moved to withdraw the rezoning request. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5b Ordinance 0-12-1827 Approval of a request for a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 150, Case ZC12-003 Mayor Kelly read the caption of Ordinance 0-12-1827. Mayor Kelly opened the public hearing. City of Colleyville Page 7 City Council Agenda March 20, 2012 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding potential expansion plans for the business. Mayor Kelly moved to approve Ordinance 0-12-1827 Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5c Ordinance 0-12-1828 Approval of a boundary adjustment between the City of Euless and the City of Colleyville Mayor Kelly read the caption of Ordinance 0-12-1828. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Community Development Director Ron Ruthven provided clarification for the transfer of the small portion of Cheek-Sparger Road right-of-way within the proposed boundary adjustment area on the extreme southeast portion of the exhibit. Mr. Ruthven stated the area was included to provide a clear demarcation line for the Euless city boundary versus the Bedford and Colleyville city boundaries within the right-of-way for Cheek-Sparger Road and to avoid leaving an isolated island of Cheek- Sparger roadway west of SH121 for Euless to maintain. Mayor Kelly expressed appreciation to the City of Euless for approving the boundary adjustment. Councilmember Hall moved to approve Ordinance 0-12-1828. Councilmember Wollin seconded the motion. Councilmember Muhm expressed appreciation to Community Development Director Ron Ruthven for providing a detailed slide of the proposed boundary adjustment. City of Colleyville Page 8 City Council Agenda March 20, 2012 The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1829 Approval to declare unopposed candidates in the May 12, 2012, General Election elected to office and canceling the election Mayor Kelly read the caption of Ordinance 0-12-1829. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6b Ordinance 0-12-1830 Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 Community Development Director Ron Ruthven stated the applicant is requesting to rezone the property from AG-Agricultural to R20-Single Family Residential in order to subdivide the property into two lots. Mr. Ruthven stated the request is not entirely consistent with the Master Plan, the Planning and Zoning Commission recommended denial, consequently, the request must receive a supermajority vote of the City Council for approval. Mayor Kelly opened the public hearing. Ms. Kami Stuart, 5009 Pool Road, applicant, spoke regarding the desire to subdivide the property and the zoning on surrounding property. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding front setback requirements for surrounding properties. Mayor Kelly requested staff provide an overhead topography map of the area surrounding the applicant's property. City of Colleyville Page 9 City Council Agenda March 20, 2012 City Attorney Matthew Boyle stated the applicant could request Planned Unit Development-Residential zoning for the property. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3478 Approval of changing the date of the April 3, 2012 regular City Council meeting Mayor Kelly read Resolution R-12-3478 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-12-3478, changing the first regular City Council meeting of April 3, 2012 to Wednesday, April 11, 2012, as local precinct conventions are tentatively scheduled for the night of April 3, 2012. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Joe Johnston, 8216 Fin Wood Court, North Richland Hills, Texas, spoke regarding a rental agreement with the Colleyville Center and requested a refund of fees for the use of the Center. 9. REPORTS Planning and Zoning Commission Minutes - February 27, 2012 Sign Board of Appeals Minutes - February 14, 2012 Zoning Board of Adjustment Minutes - December 14, 2011 There was no discussion of this item. City of Colleyville Page 10 City Council Agenda March 20, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 20, 2012 - Reading and Public Hearing - Resolution R-12-3479 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Short moved to adjourn, and Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Kelly adjourned the City Council meeting at 8:46 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary _ AYES, DAY O F NAYS, AND 2012. City of Colleyville Page 11 LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 04/11/2012 Number Resolution R-12-3481 Type Resolution Department Public Works Title Approval of an interlocal agreement with Tarrant County for the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail, and authorize the city manager to execute the agreement Explanation Reading and Pub/ic Hearing The City of Colleyville proposes to partner with Tarrant County in Fiscal Year 2012 (FY 2012) to perform the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail. The City has previously worked with Tarrant County on similar roadway rehabilitation projects, and each project was completed at a considerable cost savings to the City. The following chart shows a summary of the past four projects that have been completed in conjunction with Tarrant County. Fiscal Year Street Name Project City Cost Savings % Value FY08 Plantation Drive 360,000 _ 233,000 _ 35% FY09 Saddlebrook Drive 360,000 219,000 39% � FY10 Cheek-Sparger Road 353,000 �� 185,000 �� 48% � FY11 Brown Trail 387,000 264,000 32% The County will provide the labor and equipment necessary to reconstruct the roadway, and the City is responsible for the cost associated with the following items: materials, construction materials testing, traffic control (including barricades to redirect traffic flow to alternate lanes during the construction) and dump fees at an offsite landfill facility for waste materials generated during the project. The street improvements will include reclamation of the existing roadbed materials, stabilization of the road base with slurry cement, regrade and placement a 4-inch asphalt surface. The City will follow the standard process of providing traffic control during the reconstruction, which will allow at least one lane of traffic to be open at all times. The overall value of the proposed street improvements is approximately $220,000, with the City's share of the cost for materials, milling, testing, and traffic control City of Colleyville Page 1 City Council Agenda Briefing 4b estimated to be $125,000. By utilizing the Tarrant County Interlocal Agreement to perform this work, the City is saving approximately 43 percent, versus the same work being performed by a contractor hired directly by the City. The section of Jackson Road that will be constructed as part of this agreement will be north of Cheek-Sparger Road to Sherwood Lane; approximately 2,250 feet. This section of roadway is in need of complete rehabilitation, and has numerous base failures and surface distresses that prevent any type of basic maintenance from being a viable option. This rehabilitation project will result in the reconstruction of approximately half of the sub-par pavement of Jackson Road between Glade Road and Cheek-Sparger Road, and estimated completion time is a month. The City of Keller is working with Tarrant County under a similar agreement to perform the rehabilitation of Bandit Trail within their city limits. The section of Bandit Trail that will be constructed by the City of Keller and Tarrant County will end approximately 210 feet short of the intersection at Overland Trail within the City of Colleyville. The improvements on Bandit Trail that are included within this agreement will extend the limits of the proposed improvements to the intersection at Overland Trail within the City of Colleyville. This section of roadway will be constructed in conjunction with the proposed improvements being performed within the City of Keller, and estimated completion time is a month. This agreement is consistent with the City's annual street rehabilitation and maintenance program. The Interlocal Agreement with Tarrant County allows for the reconstruction of a City street without incurring the full cost of the project. If approved by City Council, the Interlocal Agreement will be forwarded to the Tarrant County Commissioners Court for approval at the next available meeting. Financial Impact Funding is available from the FY 2012 Street Maintenance Budget. Recommendation Approve Attachments 1. Location Map 2. Interlocal Agreement City of Colleyville Page 2 � �� W � W W L � � � U O L � �--+ � � .; � � - 0 U � 0 � �--+ . U N � � L.L � O �� --� � � L �--+ � L � � � �--� � � 0 U � � c� L L � � � � � THE STATE OF TEXAS CaUNTY OF TARRANT INTERLOCAL AGREEMENT �ACKGROUND This fnterlacal Agreement is between C�unty ofi Tarrant ("C(�UNTY"}, an� the City of �olleyville ("CITY"}; Sectians 791.001 — 791.029 of the Texas Government Code provide legal authority far this Agreement; Durir�g fhe perForrr�ance of the go�ernm�ntal functians and the payment fo� the �erforman+ce r�f tf�ose g�ver�mer�tal tunctions tt�e part'ses wilf m�#ce �he per��rmance and payment from curren# revenues le�ally available to that party; and The Comm�ssioners Court of the CQUNTY and the City Council of the GITY each find' a. This Agreement s�rves the common interest of both parties; b. This Agr�emer�t wil� be�efit the �ublic; c. The di�ision of casts fiairiy compensates �oth parties to this Agreement; and d. T�e CiTY an� C�UNTY ha�e authorized th�ir represenfati+�e to sign this Agr�eement. The Parties therefore agree as follaws: TE!R�IS A�ID CC�NDITIONS 1. COUNTY RESPONSIBILITY C4UNTY wilE furnish the labor and equipment fior the folEowin� project: Jac�cson Road #rom Ch�ek-Sparger to Sherwood La�ne SautM: COUNT`�' will reclaim exisfing rt�adbeci mafierials, rernove the excess material, stabilize the roarJ �ase wit� sfurry cem�nt, regrade, place a two-�nc� �IN1A� bindeE caurse and � two-inch HMAC surface. Ba�dit Tr�ii fram the west Col�eyrrilie City Limits ta 4�erland Trail: CC?UNTY will reclaim existing roadbed mat�rials, remov� the excess materi�l, stabilize th� road base v+rith slurry cement, regrad�, place a two-inch HMAC binder cours� and � two-inch HMAC sur�ace. 1 2. ClTY �ESPCINSIBILI2'Y 2.1 CITY will furnish all materi�ls for �he project and pay trucking charges. 2.2 CITY will furnish a site for dumpEng wast� materials generated during this project. 2.3 CIT'Y will furnish �Il rights of vv�y, plan specgf��ations and engineerong drawings. 2.4 CITY will furnish necessary traffic �ontrols including Type A barricad�s ta redirect traffic flow to aliern�te lanes durin� the constructior� phase of the project. 2.� CITY will pro�ide temporary driving lane markings. 2.6 CITY will coordinate and be responsible for the replacement of al! s�gr�al related devices i€ necessary, 2.7 CIiY will provide the C�UNTY with a hytirant meter and alf the water necessary for the praject at no cosi to the COUNTY. 2.8 CITY will prouide all rights-Qf-ways for the praj�ct. 2.9 CITY will adjust al[ utilities, manholes and valve boxes. 3.0 CITY agrees tMe road can be closed during working hours. 3. PRQCEDURES pURING PROJECT C�UNT1'' retains the right fo inspect and reject a[I mat�rials provided for this praject. �f the �ITY has a compl�int regarding the cans�ruction of the prajec�, the CITY must eompi�in in writing to the G�UNTY within 30 days of prvject campletian. Upor� expiration of 30 days after prc�ject completion, the CITY becames responsible far maintenance of the project. 4. NO WAIVER OF IMMUMITY This agreement da�es not waive CC)UNTY rights ur�der a legal theory of sovereigr� immunity. This agreement does nat w�iv� CITY rights uncfer a legal theary of sower�ig� immunity. 5. OPTIONAL SERVIGES 5.1 lf requested by CITY, the COUi�TY rnaY ap��Y pet-manent s�riping� 5.2 ff necessary, ��7UNTY may furnisf� flag persons; 5.3 If required, the CITY will pay for engineering services, storm water run-off plans, and continuation of services and pfan; G. T1ME PERiOD FOR C�MPLETION CiTY tirvil[ give the CQUN�Y' r�oti�e ta proceed at the appropriate tirne. However, COUNTY is under nv duty to comm�nce canstruction at any particular time. 2 ' 7. TMIRD PARTY The parties do not enter into thi� con#ract to protect any specific third party. Th� interat of t�is cor��rac� exc(udes #he idea of a suif by a third party ben�ficiary. The parties ta this agreemertt do nat cansent ta the v�raiver of sovereign irnm�nity under Texas law �o the sx#ent any party may have immunity under Texas law. 8. JOINT VENTURE & AGEN�Y The relationship betwe�n �he p�rties to this contracfi does not create a partnership or joint �enture betw�en the parties. This agreement does not appQint any party as agent for #he other p�rty. 9. EFFECTIVE DATE This agr�ement becorne� effective w�en signe�i �iy t�e last �arty whose signi�� makes #he ac�ree�nent fulBy executed. CITY OF �OLLEYVILLE COUNTY OF TARRANi date: Attest: 3 B. Glen Whitley, �oun#y Judge Date: Gary Fickes, �ommiss�oner Pcf 3 Date: Attest: APPROVE� AS TO FQRM APPROVED AS TO FQRM City Attorney Ass�s#ant �is�rici Attc�rr�ey * By law, #he District ,+�ttarney's Office rr��y only ad�ise ar a�prove contrac�s or legal documents on behalf of its clients. It may not advise nr appro�e a cantract or legal documen� on behalf of other parties. Our review of this �document was cvnducted solely frr�m the legal �aerspecf9ve o� �ur clis�#_ Our apprQVa1 of this document was otfered soleiy for the benefit of our client. Qther parties shauld not r�ly an this ap�roWal, ar�d should se�k re�iew and appra�al by their �wn respectiWe attomey{s). � LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 04/11/2012 Number Ordinance 0-12-1829 Type Ordinance Department City Secretary Title Approval to declare unopposed candidates in the May 12, 2012, General Election elected to office and canceling the election Explanation Second Reading and Pub/ic Hearing There were no speakers during the March 20, 2012, City Council meeting regarding this item. First Reading and Pub/ic Hearing On February 7, 2012, the City Council approved the attached Resolution R-12-3462 calling a General Election to be held on May 12, 2012, for the purpose of electing Councilmembers to Place 5 and Place 6. According to the Texas Election Code, the deadline to file for a place on the ballot is March 5, 2012, and the deadline for a write-in candidate to file declaration is also March 5, 2012. In the event that no person has made a declaration of write-in candidacy and that each candidate on the ballot is unopposed for election to office, the City Secretary will certify that each candidate on the ballot is unopposed for election to office. Under these circumstances, Subchapter C, Chapter 2 of the Texas Election Code authorizes the City Council to declare the candidates elected to office, following the time the election results would be canvassed, and cancel the May 12, 2012, General Election. The proposed Ordinance 0-12-1829 provides for this action. Financial Impact Canceling the election will provide for a savings of $7,045 in the Fiscal Year 2012 General Fund budget, City Secretary's Office, Line Item 6215 Recommendation Approve Attachments 1. Resolution R-12-3462 2. Ordinance 0-12-1829 City of Colleyville Page 1 RESOLUTION R-12-3462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING A GENERAL ELECTION FOR MAY 12, 2012, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS, PLACE 5 AND PLACE 6, AND AUTHORIZING A JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION WHEREAS, the City of Colleyville, Texas, desires to conduct a General Election as set forth by the City of Colleyville Charter and Texas Election Code, Section 41.001, to be held on Saturday, May 12, 2012, at which time the voters will elect City Councilmembers to Place 5 and Place 6, including the conduct of early voting; and WHEREAS, all statutory and constitutional requirements for the passage of this Resolution have been adhered to, including but not limited to, the Texas Open Meetings Act. NOW, THEREFORE, BE IT RESOLVED 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 a General Election is hereby called to elect City Councilmembers to Place 5 and Place 6, to serve until their successors are duly elected and qualified. Such election shall be held at Bransford Elementary School, 601 Glade Road, Colleyville, Texas, on Saturday, May 12, 2012, from 7:00 a.m. to 7:00 p.m. Sec. 3. THAT if a Run-Off Election is necessary, it shall be held in compliance with the Texas Election Code and requirements of the City of Colleyville Charter. Sec. 4. THAT qualified persons for City Council may file as candidates by filing applications in the Office of the City Secretary, 100 Main Street, Colleyville, Texas, Monday, February 6 through Monday, March 5, 2012, Monday through Friday, from 8:00 a.m. to 5:00 p.m. State statute designates Saturday, February 4, 2012, as the first day to file but the Office of the City Secretary is not required to be open Saturday or Sunday for filing activity. Sec.5. THAT Steve Raborn, Tarrant County Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, is hereby appointed as Early Voting Clerk and may appoint additional deputy early voting clerks, as necessary, to properly conduct the election. Applications for ballot by mail must be received by mail no later than the close of business on Friday, May 4, 2012 (Mailing address: P.O. Box 961011, Fort Worth, Texas, 76161-0011; Attention: Steve Raborn, Early Voting Clerk). Resolution R-12-3462 Page 2 of 2 Sec. 6. THAT Early Voting shall be conducted at Tarrant County's Main Early Voting location: Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111; Colleyville City Hall, 100 Main Street, Training Room, second floor, and branch offices for early voting by personal appearance shall also be established as outlined in the Election Agreement with Tarrant County Elections Administration. Sec. 7. THAT early voting shall begin on Monday, April 30, 2012, and shall end Tuesday, May 8, 2012, and the dates and times shall be as set forth below: April 30 Monday May 1- 4 Tuesday - Friday May 5 Saturday May 6 Sunday May 7- 8 Monday - Tuesday 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 7:00 a.m. - 7:00 p.m. 11:00 a.m. - 4:00 p.m. 7:00 a.m. - 7:00 p.m. Sec.8. THAT Tarrant County's voting equipment shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended. Sec.9. THAT Tarrant County Elections Administration will assume the responsibility for the Election Officers and the Early Voting Ballot Board in accordance with the provisions of an Election Agreement for the conduct of the election on the aforesaid election date and the Mayor shall execute such Election Agreement on behalf of the City. Sec. 10. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF � AYES, D NAYS, AND O ABSTENTIONS, THIS THE -�--F- DAY OF 2012. ATTE : , �! ynthia Singleton, TRMC, City Secretary CITY OF COLLEYVILLE cT �v �, ��.� �. �.�'�`�::1�s�� : �_ � C David Kelly Mayor ORDINANCE 0-12-1829 AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 12, 2012, GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, a General Election for the City of Colleyville was called for May 12, 2012, for the purpose of electing Councilmembers to Places 5 and 6; and WHEREAS, the City Secretary has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy and that each candidate on the ballot is unopposed for election to office, as depicted in Exhibit ��A"; and WHEREAS, under these circumstances, Subchapter C, Chapter 2 of the Texas Election Code authorizes the City Council to declare the candidates elected to office and cancel the election; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including, but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following candidates, who are unopposed in the May 12, 2012, General Election, are declared elected to office and shall be issued Certificates of Election following the time the election would have been canvassed: Tom Hart Councilmember, Place 5 Mike Taylor Councilmember, Place 6 Sec. 2. THAT the May 12, 2012, General Election, for the purpose of electing Councilmembers to Places 5 and 6, is hereby cancelled, and the City Secretary is directed to cause a copy of this Ordinance to be posted on election day at each polling place that would have been used in the election and is further directed to notify the Tarrant County Elections Administration by sending a copy of this Ordinance. Sec. 3. Ordinance 0-12-1829 Page2of2 THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 20th day of March 2012. The second reading and public hearing being conducted on the 11th day of April 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney CITY OF COLLEYVILLE David Kelly Mayor LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 04/11/2012 Number Ordinance 0-12-1830 Type Ordinance Department Community Development Title Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 Explanation Second Reading and Pub/ic Hearing There were no speakers regarding this request at the March 20, 2012 meeting. First Reading and Pub/ic Hearing Bret Stuart, property owner and applicant, submitted a request to rezone 1.1 acres of land located at 5009 Pool Road. The applicant is requesting to rezone the property from AG-Agricultural to R20-Single Family Residential. The applicant is seeking the zoning change in order to subdivide the property into two lots. Existing Conditions. The subject property is currently unplatted as one lot. The property is currently developed as a single residential lot that contains an existing home. Upon approval of the rezoning request, the applicant intends to divide the property into two lots. The current home on the property will remain. Lot Sizes. The applicant has submitted an exhibit illustrating the existing proposed property boundaries. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100 feet and lot depth of 125 feet. This site does contain sufficient width and depth to accommodate the R20 zoning district development standards. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the future land use portion of the Master Plan. However, Section 9(F) Urban Design of the future land use plan states, "..design consideration for lots which front a major collector street is to require a generous front yard set-back of forty feet or more and to encourage decorative screening adjacent to the roadway, such as wrought iron fencing with masonry columns. This would help to encourage estate settings and promote an excel%nt gateway image for the community. Zoning of individual lots to the higher densities of the R20 or R30 district along major thoroughfares should be discouraged." Therefore, the request is not entirely City of Colleyville Page 1 City Council Agenda Briefing 5b consistent with the Master Plan. Surrounding Development Trends. The properties to the north, east, and south are zoned R20-Single Family Residential and developed as residential. The properties to the west are zoned Ag-Agriculture and R20-Single Family Residential and developed as residential. Public Notification. Staff mailed notices this request. Notice was published in the state law and the Land Development Code. the request. to 12 adjacent property owners regarding Fort Worth Star-Telegram a s req u i red by Staff has received no letters with regard to Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended denial of the rezoning request at the February 27, 2012 meeting by a vote of 4-1. Supermajority Vote Requirement. Since the Planning and Zoning Commission recommended denial of this request, the request must receive a supermajority vote of the City Council in order to be approved. Summary. The proposed zoning request is not entirely in compliance with the Master Plan as referenced above, however, the owner's surveyor has addressed all Development Review Committee comments and the proposed development satisfies all requirements of the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1. Applicant's Request to Appeal to City Council 2. Location and Zoning Map 3. Notification List 4. Buffer Map 5. Aerial 6. Statement of Planning Objectives 7. Zoning Exhibit 8. Ordinance 0-12-1830 City of Colleyville Page 2 Applicant's Request to Appeal to City Council March 7, 2012 RE: ZC12-006, 5009 POOL ROAD REZONING REQUEST Dear Amy: Please accept this as formal notice that we wish to appeal the decision of the Colleyville Planning and Zoiung Cominittee of our Pool Road property. We have requested the property be changed from Agriculture to R-20, which has been denied. Please let us la7ow if you have questions or need any additional iilforination in order to appeal their decision. Thanlc you, Kami Stuart 5009 Pool Road Colleyville, Texas 76034 (214) 578-1669 Rodney Stuart (817) 988-3160 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Yancey, Charles W Etux Theresa 2701 Highgrove Ct Colleyville TX 76034 002701 Highgrove Ct Texcan Ventures Vii Ltd 5100 Pool Rd Colleyville TX 76034 005108 Pool Rd Fontenot, Kelly R Etux Kelle L 2705 Highgrove Ct Colleyville TX 76034 002705 Highgrove Ct Johnson, Zachary S Etux Amy W 2713 Highgrove Ct Colleyville TX 06810 002713 Highgrove Ct Hathcock, Arvel Etux Maria 2709 Highgrove Ct Colleyville TX 76034 002709 Highgrove Ct Mikulik, Walter Etux Eva 5100 Pool Rd Colleyville TX 76034 005100 Pool Rd Troy, Russell G 2220 Pool Rd Ste 101 Grapevine TX 76051 002712 Glade Rd Stuart, Rodney B& Billie Jean 5009 Pool Rd Colleyville TX 76034 005009 Pool Rd Addy, Samuel Etux Karen 5008 Pool Rd Colleyville TX 76034 005008 Pool Rd Mir, Rizwan Etux Fareeha F 5005 Pool Rd Colleyville TX 76034 005005 Pool Rd Fonseca, Luis Miguel 3912 Spring Hollow St Colleyville TX 76034 002616 Glade Rd Stuart, Rodney B& Billie Jean, applicant 5009 Pool Rd Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, February 10, 2012 by Amy Shelley Buffer Map Aerial � - . , _ . : . . . � �} �, � �� `: �' � � �°��K ° ,•! � I��,.r .._-�. � �� . .. - 1 ;�� . ��w - _:..�.. .�, ��,.. �.�.. . . . __ _ - .� . . �;� . ..,y.� . ►:,�,,.�.. .��-' ��,w - - �, �:.J � � � � . ,� ^. • .• .r . ._, _. `� . . . . .. �' -� - - `-•�� '!1 ',_ �. �; �. �� . ' � y'� ' _ ��,_ t �� y . �'�'��'' � 1-� z ..��' . ,� ,�,�� +- �"� 7 fi. x ' � I _.. . " - , . . ;� ��.�''�I �, . P � � . ._ � �_ . � t - ' �� _ , . �� . , . -� - -- �`� � � . ` ,.- � � � � <� �. :�� .:�� . ,t.q*, .� x . _ I �� A. �,� ��•I ' � .�� r . • � � I � J . _ys. �r� - .:�� :, - � � � � � � ' � �� ._- � _ . _ . - +- �„-s�-„ � '" � �� ,� � �� .�,^,I t�d � a�l ftd 1��1 r�d i � d R� . .. . �,�.. . ..s � . � j"�� . � s.-.'... -.�... ,. .-.. ,,. . ' -- - - _- r -�_-_ _�� _ - _ °� � I � � � � � _ iraf �Y'' 'F� '�' . ` ,?t`!.�... . � � - � _ e��. �t .�v.� 1�'', e J . . -- _'. I ..•- � _4. .; � _ .I_ � =r.:� ��r ,cr�.r_:.r. ::ii.. �: c r�_��, E .�I. �. i....r �;t.[_rr._!:r I �y: Statement o� Planning Objectives Rezoning request �or 5009 Pool Road, Colleyville, Texas 76034 Rodney Bret �fuart, (817} 988-3160 We axe respect�ully requesting a zoning change from agriculttzre to R-20 on our property of 5009 Pool Road, Colleyvi�le, Texas. Our future plans for fhis property are inevi�ably to subdivide, ihen replat to buz�d a new single-family home. We intend for the future home to be an elx�e, custom-built brick and stone structure between 4,000-5,400 square feet with five {5) plus bedrooms, f ve (5} plus bathrooms, guest/in-law suite, gourmet kitchen, resort-style entertaining areas, 3-4 car garage, and plush Iandscape surrounding the area. We also intend to add a brick/stone/wrougl�t-iron fence at the front of the property with a gated entrance. Our int�nt is to keep the pre-existing struciure at SOQ9 Pool Road, add a drive-way as well as covered parking structure at the back of the home. We would like to keep ihis structure for 5-8 years and inevitably sell this property or raze the structure to build a single-fam�ly brick home between 3,000-4,OOQ square �eet, which will be axchitecturaily comparable to the area homes surrounding it at that point in time. Our p�an is to increase the value of our property as well as those proper�ies around it and in the surrounding area. We are proud to reside in the elite area o� Colleyvill� and our wish and plan is to grow with it. Zoning Exhibit s@ z 3 , 9 & � _ c � o � o � y �� o � z- - _- -- -- - -- -- � s s v - a � - s r�L eveAA�� .A� ..s� _ ..� .�„ �� . __ � — — _ - J � _- = I � u I I = I xiaox I ses�•isa �II �x eana�r m� � .LL'81Z : � 3�.Eb,00oI05 _ �v u�9J � 7p 1 p _ dnY J� ' j° � b - v aa � -a° _ m � - �a� a, ��oo, - — �_ .��.��'a _,,,,. — - - -_ � � . - Q�'O?I700d - __� - ��s� - - ��s� �; -- :E -- - 1� � � tE - �r � _� x b� � y - - J _ _ � '_J G = � � Z '\� - I � �i � x = � - � O a� :7 W°'Um �,—,�� _ �� U i m � N S � _ -_� � ° � G r°a m� � Q `'y �y� � ^ c•z � 0. � �� 0 � � ,� o Z '� � o � S � Y z � � � � � � � � '� a � � ti � a, Z ` c r i� a' ; � �� S .- � Y .� Q _ __-^Ps - ' j3n `c3 s_5 _ I � Q 0 iY. W O Q J C7 ORDINANCE 0-12-1830 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.1 ACRES ON TRACT 2B8, OF ABSTRACT 439 IN THE C.C. DOSS SURVEY FROM THE AG-AGRICULTURAL TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC12-006; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-12-1830 Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.1 acres on Tract 2B8, of Abstract 439 in the C.C. Doss Survey from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit ��A" and described in the attached Exhibit ��B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec.4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-12-1830 Page3of3 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 20t" day of March 2012. The second reading and public hearing being conducted on the 11t" day of April 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map Exhibit "B"- Property Description B�ir�� ;� tract of lar��i si4�t ofi the C. C. Csrass �u�t��y, Abstr�tt �Jc�. 43� �r�d sit�.��t�d in tf�� City �f ��Il�+�.+ill�, T�rr.9nt �cunt�', T�x�s, :s��id trzc.t b�ing th� �.am�; tr��t �f I�nd ��'�crib�-d in th� dc+�d to Billi� Jean St�aark and Rodney 6ret St�aart reearded as D�c�amerrt f�o, LZ0��3��}3�rf3�i, �eed Recvrds, T�rrank C�ur�ty, Texas and being m�rr� particularly d�scribed by r�etes �nd bou�rds �s f�llc�vvs: �cginning �t a�I8 inr.h stccl rnd faund fQr thc �r�uthvrest �c�rncr �f said Stuar1t tr��t, ��id rQd being th� nor#h��est �:arn�r of Lc�t �, El�a�k 1, Nocsruilla Additian, an ad�diti�nt� th� cits+�f Cnlleyville, Tex�s a�ecar�lin� tcr the plat ther�af rec�rded i n C�bir�eG �, �lide Z421, Pl�t Recor�s, Tarra nt C�runty, Tex�s and al�e� bcing in thc ��terl}� right-of-t�'�y lir�� Qf Pa�l Rc��d y;�. �;�ta�lished by dced t�+�ity c�f �r�ll�yvillc r�ecorded as D�ac�iment No. 1�1411�17�1, �aid deed r�cc�rds, s�id ro€� alsa being in a e�art+� tc� thre I�fk vuhs��e center Lea rs �auth 8� degr�e� 55 minutes 11 �er�nds West at 71G.�Q fe�t; Ther�ee northerly with the w��terly boundary line �# �ai� Stuart tract �nd �aid easterl}+ ri�ht-c�f-uw�y line and v�ith ��id �urve thr�ru�;h a �entral a ngl� r�f �1 degree 42 minutes 35 se�orsds and an �r� len�#h af �1.20 f�et t�a � 5/S in�h steel rocl +,with cap st�m ped "'M51 RP LS 4Z�4"` set for th€ end �f said curve; Thence �lorth �1 �ie�r�� 4� minuze� �4 s�conds V�est cantinuing with s�id west�rly ka�au�d�ry line �nd said easterl+y right-af-wa+� lir�e a dis�tance of 13�.�1 f�et t�, a 5J8 in�h steel rad �ti�ith �.ap stamp�d "I+1151 RF'LS 4�24" s€�t f�rr the h��;i n�in� r�f a eurve tc� t�r� ri�ht whr�s� ti�nter �e�rs North 88 d�e�rees 12 min��tc� 36 ��c�nd� E��r �t �84,�[� f�et; Then�� nvrth�rly �nn'tinuing tnrith sai�d wesk�rly ��undary lin� and said eas't�rly ri�ht-nf-w�y lin� �nd +�+�ith aid c�arue thrvua�h a central �n�l� �sf 01 degree 47 min�Jte� Z4 sec:�rnds an� an arc length csf �1,5�4 fcct t+a a 5j8 �nch �#ccl resd with cap stampcd "�+151 R�'L� 4�24," sct for thc end �f ��i�i curvc� Thenc� NOFiTH �ontinuing with �aid avc�#crly bvundary line and said ca�terly right-4f-w�y lin� � dist�nee of 37_32 feet tca a 5 f$ inch steel rad with cap st�mped "MSI RPL� 42�4" set for the n�nrthvsesk carn+�r of said Stuart tr��t� Then�� IVc�rth 84 dcgrccs 4� minu#�,s 11 �cc�rnds East v�ri#h thc nnrthcrly ka�undary linc c�f said Stuart tr�ct, pas�in� at �_Q[] feet a 1�`2 in�h st��l rt�d fnund far khe s€�uth�ue�t �prn�r af Lat 13, Bl��k 4, ,�shmc�re #5, an �ddition t�s th� �ity �sf Colleyv�lle acc4rding tQ the plat there�f reeorded ir� �abin�t P�. 51ide 3835, s�id pl�t r��rds, an�l cantinuing v,ri4h the scrutherly b�aund;�ry lin�e tl��r�c�f and +rrith tl�e nc�r�herly ba��Jnd:�ry I ine of said 5t�a a rt tract a tcata I dis�tance �f �25.?� feet t� a 5/8 inch �t�el r�d with e�p st�mped ""DCA" f�und for t�re rrr rtheast c�arner there�rf, Th�n�� 5�uth �}i de�ree Q� mir�ut�� 43 ��nds E�st +�itF� th�e e�st�rly bourrd�ry li n� c�f said 5tu�rt traet a�listar�c�e of 218,i7 feet tc� a 5/8 inch st�el r€�d with cap starr� p�d "M51 RFLS 4��" set for th� �uuth��st �r�rner ther��ifi, s�id rnd �ein� tFti� nr�rth��st c�srn�r r�f �;�i� Lr�t 1; Th�nee 5a�uth 89 tle�r�es 57 minutes 17 s�cands �M1lest r�ith the s�utl��rl}� br�un�lary li n� of s�id �tu�rt tra�t and thc rrarthcrl� boundary li nc of s�id Lnt 1{#F,c bc�rir�g t�asis vf thi� trar#j a distan�� rf ��4.78 feet t� th� point c�f beginnin� and containin� 1.1��4 acres �f land as s�ar3reyed by f�lill�r 5urveyir��, Ine, in �C11�. LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 04/11/2012 Number Ordinance 0-12-1831 Type Ordinance Department Community Development Title Approval of a request for rezoning from CC3-Highway Commercial to CC2-Shopping Center on Lot 3R, Block 1, of the Andy Felps Addition, located at 3919 Colleyville Boulevard, Case ZC12-009 Explanation First Reading and Pub/ic Hearing Robert Grunnah, property owner and applicant, submitted a request to rezone 0.5 acres located at 3919 Colleyville Boulevard. The applicant is requesting to rezone the property from CC3-Highway Commercial to CC2-Shopping Center to allow for more uses than are currently allowed in the existing zoning district, in order to lease the vacant spaces of the existing retail building. The attached table provides a comparison between the CC3 and CC2 zoning district permitted uses. The Schedule of Permitted Uses for each zoning district is attached, as well. Existing Conditions. The subject property consists of a platted parcel, Lot 3R, Block 1, of the Andy Felps Addition, located at 3919 Colleyville Boulevard. The property is developed as a retail shopping center with atotal of 7,806 square feet of leasing space. There are currently two vacant spaces, which consist of 5,657 square feet, and one space leased by Busy B's Bakery, which consists of 2,149 square feet. Bakeries are permitted in the CC1-Village Retail and CC2-Shopping Center zoning districts but are not a permitted use in the CC3-Highway Commercial zoning district. However, Busy B's Bakery is allowed to operate as a legal non-conforming use given that the use of a bakery was permitted in the CC3-Highway Commercial zoning district at the time the business was granted a certificate of occpancy in 1999. Many retail uses have since been removed from the CC3-Highway Commercial zoning district. Parking. The subject property currently contains 19 parking spaces. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail; therefore the property is required to provide 39 parking spaces. However, since this property is currently platted and developed, there are no solutions to offer for obtaining additional parking spaces. Lot Size. The Land Development Code requires CC2 lots to be at least 150 feet wide, 120 feet deep, and contain a minimum 15,000 square feet of property. The subject lot City of Colleyville Page 1 City Council Agenda Briefing 6a is 150 feet in width, 150 feet in depth, and contains approximately 21,780 square feet of land. Surrounding Development Trends. The property to the north is zoned CC3-Highway Commercial and is developed as a restaurant with a drive thru window. The property to the south and east is zoned CC3-Highway Commercial and is developed as a bank. The properties to the west are located in the City of Hurst and are developed as retail uses. Master Plan. The Colleyville Master Plan designates the future use of this area for retail type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Public Notification. Staff mailed notices to six (6) adjacent property owners regarding this request and a courtesy notice was mailed to the City of Hurst. Notice was also published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the March 12, 2012 meeting by a vote of 7-0. Summary. The proposed zoning change request does comply with the future land use designations of the Colleyville Master Plan, which recommends this property for retail uses. Given that the property is already developed as a shopping center, staff believes that the proposal, by the applicant, will allow more flexibility to the applicant to lease the vacant tenant spaces. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial Looking East 5. Statement of Planning Objectives 6. Comparison of Uses Allowed in CC3 (Highway Commercial) Versus CC2 (Shopping Center) Zoning Districts 7. Schedule of Permitted Uses 8. Site Plan 9. TxDOT SH26 Reconstruction Schematic 10. Ordinance 0-12-1831 City of Colleyville Page 2 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Equity Secured Capital Lp PO Box 160460 Austin TX 78716 004007 Colleyville Blvd Lemmon, William M& Carol A 133 E Rio Rdg Azle TX 76020 004003 Colleyville Blvd Velasquez, Florentino & Daisy 1830 Silverside Dr Grapevine TX 76051 004001 Colleyville Blvd 3919 Colleyville Blvd Ltd P.O. Box 802736 Dallas TX 75380 003919 Colleyville Blvd Dennie, Paul D Etux Peggy M 200 Cheek Sparger Rd Colleyville TX 76034 000200 Cheek Sparger Rd Hibernia National Bank 275 Broadhollow Rd Melville NY 11747 003907 Colleyville Blvd City of Hurst, Planning Dept. 1505 Precinct Line Rd. Hurst TX 76054 courtesy notice Robert Grunnah, applicant P.O. Box 802736 Dallas TX 75380 applicant Public hearing notices were mailed on February 24, 2012 by Amy Shelley Buffer Map Aerial Looking East �... - .! �- _ .�' �:�� \�� - -,�,�` ,. ,N,w� •�,.,�� t��, 1� �i� � I , �� =Y �� l�� '� � ��-�. �� .' -�---i.�-'' � . , � � � _ -- _ � � * � r � `� � 'AI M`' - - r�`"�P�": � r ,�`�; �, ' � � � rti� � �' � . .� _ - �, ; ��"� � _ - - � ` , + �.� �' � ` ' �� 3919 Colleyville r � r . . �� Blvd. �� ' � � �•_.� '� 'O- �� 5�. . ..•• �, ' ` � � � � �-� .� , ��,. � ' �: ,,��.�'� ,,�.' � � , ��• �'#�, Y ��:-.. �� . ��yy,, � � ' ..:` �� e 2. � ! ' ]�{ ' A ' - �.;., , � �;� � �` . - �_ � i.t ",� , � � ' lr' �' _�. , � � �. - - -�`,� �� _' 'wr� / _ �"�" � �� L� _ �� ;��-, .�; � ; f�l. . i � � c � � r� I � Statement of Planninp Obiectives for 3919 Colleyville Blvd. We have requested this zoning change to allow a wider scope of businesses to be able to service the citizens who live in the Colleyville community. The current CC3 zoning serves as a barrier to entry for many businesses which would otherwise assist in the economic growth of the community and city as a whole. Changing the zoning from CC3 to CC2 will allow for citizens of Colleyville to enjoy more convenient retailers and services in the immediate vicinity as well as provide an influx of additional funds to the economy and will thus lead to higher tax dollars for the city. The zoning change will allow us to market the center to a wider array of businesses. Possible businesses have currently been turned away as they were not covered under the current CC3 zoning umbrella. These potential future tenants would be able to start business activity immediately upon the zoning change. Attracting and allowing more citizens to work in Colleyville is a productive maneuver that will enhance the community, increase tax revenue, and encourage a spirit of economic growth. Comparison of Uses Allowed in CC3 (Highway Commercial) Versus CC2 (Shopping Center) Zoning Districts CC3 CC2 hardware, electical & plumbing with outside display physician's or dentisYs offices nurseries and greehouses with outside display antique stores veterinarian clinic with outdoor kennels apparel and accessory stores auto lube shops arts and crafts stores and hobby shops auto upholstery shops bakery stores contractor office without storage yard banks, credit unions and financial institutions plumbing, HVAC and electrical trades shops barber shops, beauty shops and day spas upholstery and furniture repair shops bicycle shops camera or music stores civic, social or fraternal organizations grocery stores interior decoration stores jewelry stores pet stores golf driving ranges miniature golf courses theaters Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special parking Land Use Classification Land Use 0 0 0�n � O � c� M Standards or Group C9 w� M c.� � o�= a z c� c� c� � Section Ref. Q � � � � � � � � v v v v v � A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling p p p p p p S 8 3 Duplex — Attached Dwelling P 8 2 Townhome — Attached Dwellings P 8 4 Multi-family — Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD 011ly 2 �� Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities p p p p p p p p 9 5 B. ACCESSORY USES Accessory Building p p p p p p p p p Sec. 3.27 n.a. Carport S S S S S S S S S Sec.3.27.0 n.a. Home Occupations Uses p p p p p p p p p 8 n.a. Servants or Caretakers Quarters p P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming p p n.a. Livestock raising and breeding p p 12 n.a. Private horse stables for domestic use p p P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Chapter 3- Land Use Page 3- 33 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 0 0� � O � N M Standards c9 w� c�, c.� � o�= a z t� c� t� � a � � � � � � � � � � � � � � Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities p p p p p p p p p p p p p p p 8 Fire Stations / Police Stations p p p p p p p p p p p p p p p 16 Golf Courses — Public Owned p p p p p p p p p p p p p p p 22 Government Maintenance Facilities p p p p p p p p p p p p p p p 25 Libraries p p p p p p 9 Museums p p p p p p 8 Post offlce p p p p p p p p p p p p p p p 10 Parks and Open Space Areas p p p p p p p p p p p p p p p 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools— Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools — High School S S S S S S S S S S S S S S S 14 Public Schools — Elementary and Secondary p p p p p p p p p p p p p p p 13 Public Schools— High School p p p p p p p p p p p p p p p �4 Religious Institutions p p p p p p p p p p p p p p p 18 F. OFFICE USES AccountanYs Offices p p p p P 8 Chapter 3- Land Use Page 3- 34 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 0 0� � O � N M Standards c9 w��-, c.� r o�= a z t� c� t� � Q � � � � � � � � U U U U U � Advertising Agencies p p p p P 8 Attorney Offices p p p p p 8 Chiropractic Clinics p p P 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, ArchitecYs, and Surveyor's Offices p p p p P 8 General Business Offices not elsewhere listed p p p p P 8 Insurance Agencies p p p p p 8 Management and Public Relations Services Offices p p p p P 8 Optometrist Office p p p 8 Psychologist Offices p p p p p 8 Physician's or DentisYs Offices p p 5 7 Real Estate Agency Offices p p p p P 8 Security Broker Offices p p p p P 8 Telemarketing Offices p p P 5 Title Abstract Offices p p p p p 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices p p p p P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales — Off-premises S S S 13 n.a. Consumption Alcoholic Beverage Sales — On-premises S S S 13 n.a. Consumption Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores p p 7 Chapter 3- Land Use Page 3- 35 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group � C9 w�°° � o�= a z i� C> C � Standards Q � � � � � � � '� C) t� U U U � Apparel and Accessory Stores p p 7 Arts and Crafts Stores and Hobby Shops p p 7 Bakery Stores p p 7 Banks, Credit Unions and Financial Institutions p p P 8 Barber Shops, Beauty Shops and Day Spas p p P 10 7 Bicycle Shops p p 7 Book, Stationary or Greeting Card Shops p p P 7 Camera or Music Stores p p 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P � Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P � Dance Studios and Martial Arts Studios S S P P � Day Care Centers S S S S S 17 11 Department Stores p p 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) p p 7 Equipment Rental and Leasing Stores S P 7 Florist Shops p p p 7 Food Catering p p 8 Funeral Homes S S S 24 Furniture and Appliance Stores p p P 9 Chapter 3- Land Use Page 3- 36 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 0 0� � O � N M Standards c9 w��-, c.� r o�= a z t� c� t� � Q � � � � � � � � U U U U U � Grocery Stores p p 18 7 Hardware, electrical & plumbing w/o outside display p p p p Hardware , electrical & plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels p p 19 Interior Decoration Stores p p p p 7 Jewelry Stores p p p 7 Locksmiths S S P P $ Mailing and Shipping Stores p p p p 7 Meat or Fish Market p p P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores p p 7 Pharmacy S p p p 7 Photography Studios p p p p p p 8 Restaurants, Cafes and Cafeterias p p P 5 Restaurants with drive-in or drive-thru service p p 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Shoe Repair Shops p p p p 8 Tailor and Alteration Shops p p p p 8 Chapter 3- Land Use Page 3- 37 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 0 0� � O � N M Standards c9 w��-, c.� r o�= a z t� c� t� � Q � � � � � � � � U U U U U � Veterinarian Clinic with indoor kennels p p P 4 8 Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores p p P 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers p p P 7 Golf Courses — Privately Owned p p p p p p 22 Golf Driving Ranges p p 22 Miniature Golf Courses p p 20 Roller or Ice Skating Rinks S S 24 Theaters p p 7 18 1. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores p p P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Auto Parts and Accessory Stores p p P 13 7 Auto, Truck or Trailer Rental S S 13 8 Chapter 3- Land Use Page 3- 38 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 0 0� � O � N M Standards c9 w��-, c.� r o�= a z t� c� t� � Q � � � � � � � � U U U U U � Auto Upholstery Shops p p 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAW COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Chapter 3- Land Use Page 3- 39 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 0 0� � O � N M Standards c9 w��-, c.� r o�= a z t� c� t� � Q � � � � � � � � U U U U U � Contactor Office without storage yard p p 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops p p 8 Printing and Publishing - Commercial P 8 Plumbing, HVAC and Electrical Trades Shops p p 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops p p 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products P 25 Manufacturing not elsewhere listed S 24 Welding or Machine Shop P 25 Chapter 3- Land Use Page 3- 40 Site Plan TxDot Schematic for Reconstruction ;.,,. '� "� � _ � �� .. a � r � �, , .r H �; � . ,, � � ,� � CENTER�"° �` � `-�, ,'�� • � � ar �^ ��, � r � ! � � �,' . «�,��'�. "�'`� �` � � i sT •r s . � ,� " � . ,. ..Fe� 7Fr !T � . r �� .� � p'��. .�� ..� �1. 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' • >� « v' : {� E�I ;"7" � � � �_ � - - � #. � � � . �� . � �� . , �' - � � � �'�,° � � �� , � R � � �"`�' s� � ��.V _ � . � ` �, � , � „� `.�.�,; � , �� :, . � .�. ' ' • � � .•� �a, �` � �� , � '��'-� _:� �� 1'�'t� � .< � x j r ^A t � i�� `�, ,' , - � ' ` . ,� :�'� . .. . , :., '. � �.�.,�.,�, ORDINANCE 0-12-1831 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.5 ACRES ON LOT 3R, BLOCK 1, OF THE ANDY FELPS ADDITION FROM THE CC3-HIGHWAY COMMERCIAL TO THE CC2-SHOPPING CENTER ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC12-009; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-12-1831 Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.5 acres on Lot 3R, Block 1, of the Andy Felps Addition, from the CC3-Highway Commercial zoning district to the CC2-Shopping Center zoning district, as depicted in the attached Exhibit'�A" and described in the attached Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec.4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-12-1831 Page3of3 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 11t" day of April 2012. The second reading and public hearing being conducted on the 17t" day of April 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map Exhibit "B"- Site Plan LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7a Agenda Date 04/11/2012 Number Resolution R-12-3482 Type Resolution Department Community Development Title Approval of amendments to the City Developer Agreement for the Covington Addition located in the 800 block of L.D. Lockett Road, Case GC12-001 Explanation Reading and Pub/ic Hearing Robert Romo, Vice-President of Land for Ashton Woods Homes, is requesting an amendment to the attached City/Developer Agreement (CDA) for Covington Addition, in order remove a specific section related to required sidewalk construction. Ashton Woods Homes purchased the remaining vacant lots in the Covington Addition, as well as the common areas controlled by the homeowner's association (HOA) last year. The lots were purchased from the original developer, Will Walton. Once the development reaches build-out, Ashton Woods Homes will turn over control of the HOA to the homeowners. Given the current ownership situation in the subdivision, Ashton Woods Homes has assumed the role of the developer for the purposes of this item. Existing Conditions. The final plat for Covington Addition was approved by the City Council on February 6, 2007, and the CDA was approved by the City Council on September 4, 2007. The subdivision contains 38 lots, all of which are zoned R20- Single Family Residential. Of the 38 lots, 13 are developed with single family homes. The applicant is proposing to remove section four from the CDA, which states: "Developer agrees to construct and maintain, in perpetuity, or assign maintenance and ownership responsibility to the HOA, any private sidewalks or trails not located along the frontage of public streets or not identified as Trail 23 on the Colleyville Trail and Pathways Plan. This includes but is not limited to a private trail located along Lots, 7, 8, 9x, 10, 11, and 12, Block B." The applicant is requesting the amendment in order to vacate the existing 20 foot private pedestrian access and private utility easement located behind the above mentioned lots so that they can construct rear yard fences all the way to the rear property lines. Currently, only Lot 9x, Block B, contains a sidewalk, which extends around the south, east and half of the northern portion of the lot. This lot is a common open space lot owned by Ashton Woods Homes that contains a pond. The other lots noted above do City of Colleyville Page 1 City Council Agenda Briefing 7a not contain sidewalks. The addition of the construction of the sidewalks in section four was originally added to the CDA at the request of the developer, in order to link Lot 9x to the public trail (Trail 23) on the western side of the subdivision. These sidewalks are private and are not required by the Land Development Code or as a condition of any other agreement approved by the City Council. As such, removing the requirement that they be constructed does not require any additional waiver by the City Council. As a next step, the applicant intends to apply for a replat of Lots 7, 8, 9x, 10, 11 and 12, Block B, in order to remove the 20 foot private easement noted above. The replat cannot be approved until the CDA is amended removing the sidewalk construction requirement. Staff has also included in the amended CDA the addition of Ashton Woods Homes as the new developer in place of Will Walton. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: 1. Incorporation by Reference. The foregoing recitals are incorporated by reference as though fully set forth herein. 2. Defined Terms. Capitalized terms used and not otherwise defined in this amendment shall have the same meaning or meanings given to them in the Agreement. 3. Private Trail. Section 4 of the Agreement is hereby deleted in its entirety. Effective as of the date of this Amendment, Developer shall no longer be obligated to construct and maintain a private trail located along Lots 7, 8, 9X, 10, 11, and 12 of Block B, of the Addition. 4. Notice. The notice address for Developer set forth in Section 13h of the Agreement is hereby changed to: 1221 N. Interstate 35E Suite 170 Carrollton, Texas 75006 5. No Further Amendments. Except as expressly set forth in this amendment, the Agreement has not been modified or amended. The Agreement, as amended by this Amendment, is in full force and effect and the parties hereto ratify, confirm and approve in all respects the Agreement, as amended by this Amendment. This amendment cannot be modified or amended, except in writing executed by the City City of Colleyville Page 2 City Council Agenda Briefing 7a and Developer. 6. No Oral Agreements. There are no oral or written agreements between the parties concerning the transactions contemplated by the Agreement, except as set forth in the Agreement and this amendment. 7. Counterparts. This amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one and the same instrument, with the same effect as if the signatures were upon the same instrument. The parties may sign and transmit this Amendment by facsimile or other electronic means, and each party's signature on a facsimile or other electronic transmission of this amendment shall be considered an original signature with the same binding effect as an original signature on this amendment. 8. Controlling Agreement. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control. Attachments 1. Location and Zoning Map 2. Applicant's Request 3. Original City Developer Agreement 4. Amendment to City/Developer Agreement for Covington Addition 5. Covington Addition - Final Plat 6. Easement Location Exhibit 7. Aerial Exhibit 8. Resolution R-12-3482 City of Colleyville Page 3 Location and Zoning Map n� � l� 1221 N. Qnterstate 35E • Suite 170 Carrollton, �exas 75006 P:972A28.5404 • F:972.428.5426 www.ashtonwoods.comldalEas Febniary 27, 2012 Mr, Ron Ruthven Director-Comm�nity Development City of Colleyville lOQ Main Street Colleyville, �'X 76034 Re: Covington Addition Dear Mr. Ruthven: uest Asl�ton Dallas Residential L.L.C. {Developer), successor in interest to Covington Partners, LLC, taereby requests an An�endment to the City/Deueloper Agreement for Covii�gton Add�tioa� dated Octaber 3, 2007. Vde request the del�tion oi Sectioil � of the Agr�eer��ent, ivhich stat�s that "I]eveloper agrees to construct and r�laintaitl, in pelpetuity, or assign ownership and maintenance responsibility to the HdA, any pri��ate sidev��alks or trails not located along the fronta�e of public streets or not identified as Ti-ail 23 on the Colleyville Trail and Pathways �'lan. This includes, but is not linnited to a p�-ivate trail locaked along Lots 7, 8, 9x, 10, 11, and 12 Block B." The reason for said amendment being tl�at tl�e 20' Pi-ivate PedestY-ian Access and Pmrate Utility Easerr�ent was planz7ed to be abandoned l�y Covin�ton Partners, LLC (original developer) since it is� not needed for drainage pt�tposes (connectip�g t��e �ond o�� Lot 6x Block A to the pond on Lot 9x Block B} and therefore 4�as not constnicted. We appreciate yo�ir consideratic�n af this request. If you need a�y addi�ional inforniatiott, please let me lc��ow. Regai�ds, � Robert J. Roma Vice Pt�esident — Land ,,�,., ��. �._ . . S4I 763(iv I Ltr to Ciry of Colic�vyii��7_ l2-.dne � � - � . ._ - --�- - - ---- - - _ ,- -� a..�, k:, � . .. - City of Colleyvilie City/Developer Agreement for Covington Addition That, Covington Partners, LLC, hereinafter calied "Devetope�' and the City of Colieyviite, Tarrant County, Texas, hereinafter called "City", enters into the foliowing agreement (The "Agreement"). In consideration of the mutual covenants herein contained and for the Covington Addition, which is shown on the attached Exhibit "A" (hereinafter the "Property") and which shall be an addition to the City of Colleyville, Texas as filed of record in the Plat Records of Tarrant County, Texas, the parties hereto agree: 1. Developer agrees to construct an eight (8) foot concrete trail, per City of Colleyville specification, within the pedestrian access easement within Lots 17, 18, 20, 21, 26, 27, Block A and Lot 6x, Block B, and within the pedestrian access easement within Lot 1x, Block B, as part of the public improvements to the Property. 2. Developer shall escrow $9,415.44, in lieu of constructing the six (6) foot trail within Lots 2, 3, 4, and 5, Blodc B, as part of the public improvements to the property. City will reimburse the escrow on a lot by lot basis at the time of completion, final inspection, and approval of the trail. 3. City agrees to assume maintenance responsibility of the trail surface upon final acceptance of the Subdivision. Developer agrees to perform routine mowing maintenance of trail right-of-way, or assign responsibility to the Homeowner's Association ("HOA"). 4. Developer agrees to construct and maintain, in perpetuity, or assign ownership and maintenance responsibility to the HOA, any private sidewalks or trails not located along the frontage of public streets or not identified as Trail 23 on the Colleyville Trail and Pathways Plan. This includes, but is not limited to a private trail iocated along Lots 7, 8, 9x, 10, 11 and 12, Block B. 5. Developer agrees to maintain, or assign maintenance responsibility to the HOA, any portion of the bridge along Chalford Common not located within the right-of-way. This includes, but is not limited to, any part of the structure and exterior facade materials. 6. Developer agrees to construct the emergency access easement located befinreen Lots 12 and 13, Block A, labeled as E�chibit "A". City/Developer Agreement for the Covington Addition Page 1 7. Upon final acceptance of the Subdivision, City agrees to assume maintenance responsibility of the emergency access road surface and structure within the easement located befinreen Lots 12 and 13, Block A, labeled as Exhibit "A". 8. Developer agrees to construct and maintain, or assign maintenance responsibility to the HOA, the emergency access gate, Opticom system and 3M emitter system located along the property line at the end of Hunter Lane. 9. The Developer understands that he has no authority to cancel or amend the terms of the Agreement without speciflc written authority from the City. 10. If for any reason the ownership of the property should change prior to acceptance by the City of the public improvements, it is agreed that these conditions will pass from this Developer to the ne�ct Owner and the City will require property signatures of the new Owner agreeing to the terms of the Agreement. 11. Upon completion of the work, good and sufficient title to all public facilities constructed, warranted ftee of any liens or encumbrances, is hereby vested in the Cit�r of Colleyville. 12. Default. In the event either party fails to comply with any covenants or obligations of this Agreement the other party may pursue any remedy available at law or in equity; provided that neither party shall be in default unless and until such party fails to cure any failure within sixty (60) days (30 days for money payments) following its receipt of written notice thereof from the other party (a °Default Notice°). The prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attorney's fees, expenses and costs. 13. Miscellaneous: a. All construction will be in accordance with applicable codes, regulations, ordinances, and approvals of the City. b. Except as otherwise provided for herein, this Agreement may not be assigned by either party without the written consent of the other party. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. City/Developer Agreement for the Covington Addition Page 2 d. This Agreement shall be construed in accordance with the laws of the State of Texas and shali be performable in Tarrant County, Texas. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the suificiency of which is forever confessed. h. Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to the City shall be sufficient if made or addressed to City Manager, 100 Main Street Colleyvilfe, Texas 76034, with a copy to the City Attorney, Matthew C. G. Boyle, Boyle & Lowry, L,L.P., 4201 Wingren, Suite 108, Irving, Texas 75062. Notice to Developer shall be sufficient if made or addressed to 1505 Oak Knoll Drive, Colleyville, Texas 76034. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. i. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. j. In case 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 affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. CitylDeveloper Agreement for the Covington Addition Page 3 I. Time is of the essence in this Agreement. m.The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. COVINGTON PARTNERS, LLC. By: Covington Partners, LLC. , � � Name: WII Walton CITY OF COLLEYVILLE � — l.�—U � Date Colleyville City Council SEP = -4 2007 � Approved Name: ��le�, .Da,�': 'c� /�-� � a.t,�o h� �J io :� - a Date City/Developer Agreement for the Covington Addition Page 4 Exhibit A— Emergency Access Gate Profile City/Developer Agreement for the Covington Addition Page 5 AMENDMENT TO CITY /DEVELOPER AGREEMENT FOR COVINGTON ADDITION THIS FIRST AMENDMENT TO CITY/DEVELOPER AGREEMENT FOR COVINGTON ADDTION (this "Amendment") is made and entered into effective as of April 11, 2012, by and between the CITY OF COLLEYVILLE, Tarrant County, Texas (the "Citv"), and ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability company ("Developer"), successor in interest to Covington Partners, LLC ("Partners"). RECITALS: A. The City and Partners are parties to a City/Developer Agreement for Covington Addition (the "Agreement") dated October 3, 2007, relating to the development of the Covington Addition, an addition to the City of Colleyville, according to the map or plat thereof recorded in Cabinet A, Slide 11839 of the Plat Records of Tarrant County, Texas (the "Addition"). B. Partners sold the Addition to Developer and the rights, duties, and obligations under the Agreement have been transferred by Partners to Developer. C. The City and Developer desire to amend the Agreement as specifically provided in this Amendment. NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Developer agree that the Agreement is hereby amended as follows: 1. Incorporation by Reference. The foregoing recitals are incorporated by reference as though fully set forth herein. 2. Defined Terms. Capitalized terms used and not otherwise defined in this Amendment shall have the same meaning or meanings given to them in the Agreement. 3. Private Trail. Section 4 of the Agreement is hereby deleted in its entirety. Effective as of the date of this Amendment, Developer shall no longer be obligated to construct and maintain a private trail located along Lots 7, 8, 9X, 10, 11, and 12 of Block B of the Addition. 1 4. Notice. The notice address for Developer set forth in Section 13h of the Agreement is hereby changed to: 1221 N. Interstate 35E Suite 170 Carrollton, Texas 75006 5. No Further Amendments. Except as expressly set forth in this Amendment, the Agreement has not been modified or amended. The Agreement, as amended by this Amendment, is in full force and effect and the parties hereto ratify, confirm and approve in all respects the Agreement, as amended by this Amendment. This Amendment cannot be modified or amended, except in writing executed by the City and Developer. 6. No Oral Agreements. There are no oral or written agreements between the parties concerning the transactions contemplated by the Agreement, except as set forth in the Agreement and this Amendment. 7. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one and the same instrument, with the same effect as if the signatures were upon the same instrument. The parties may sign and transmit this Amendment by facsimile or other electronic means, and each party's signature on a facsimile or other electronic transmission of this Amendment shall be considered an original signature with the same binding effect as an original signature on this Amendment. 8. Controllina Aareement. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control. � This Amendment is duly executed by the parties hereto as of the date set forth above. THE CITY: CITY OF COLLEYVILLE By: Name: Title: DEVELOPER: ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability company By: Gary Rae, Dallas Division President 3 �� I..L � � � � Q � �--� � .j U _" I � q � � j � 4 � � � �� _ ava, , �� .°--- A ',--� o c.� �^ w� r Y I{ � g w � .,x� � � ��"a�' .,:F y, �d��x � � � � a yc°qo..��'� q�� k��'' -. �til \. �� ..]Q! „_,+�ic:-. t-o� � �� x � � f `�° � O x �a`'�` ``';� _ _ _ =� � �.., � ,. 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' ` : 'i�l .,r' i ... iT'l�'ri 4 . ;t.� ! � _ ��" P �yi�� 4 � �� 9�'�h' �{y. .�S��e,h � f � ��7 . :'1. K,. "�;;. `�� '�' ��, � / `.�.� _ '�� , . �a , 5 . � � �-- �� '� 4 � �� , �� > � .:� -- "�` � x' �,�i' �� "�,�� -� .� 7 � � ., - ; , :, , g � ��'� ' � � �� :� �� M �� k �� 4 �j '` r y . a. � 6 �� i� � ��a'i � ��i�� I�•-�, '�"'��r � � . 4 �. - .�+ � 4 �.L�'�y__ ' ---.------�-_ ��. �=�._ � -,�- � ,� �, ` �_ �—__.. _ �-- , �� . � , ��: ; � ,� �.,�� ; ,�; � -;�,,�a,;,��,.,��.�w. : �--_. , � � 4 � �' �'� � �; ,�'�. �°'"�,� � > � �: : � ��QU `� , � �� _� ` ��.. ! � �� . � � � 72� ,� . F � d � _��r 3� . � �� '� , - d � • � ��i. . . :. � . �� '- `.�i � , �. � ti —�� . � '� _ - �. � �, � � ��' �_ N �� ,, , �� , � �� u� � , � �� . y , � �. � G' �� .3 `:� I� r :� � � � 1� ��, � �� •/!• �{�'� rJ �a� � �� +,� _�.� Area ' -��; In Question �'�� - -, _ � , .� � �. �'�. ; � •, �, - Y `i.;,.:,� ., .. �- � ��'' M°� ,�� f�� :. �� ,�� , �� J RESOLUTION R-12-3482 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY/DEVELOPER AGREEMENT FOR THE COVINGTON ADDITION WHEREAS, A City/Developer Agreement was approved by the City Council for the Covington Addition on September 4, 2007; WHEREAS, The ��developer" has changed from Covington Partners, LLC to Ashton Dallas Residential, LLC; WHEREAS, Ashton Dallas Residential, LLC is requesting to remove Section Four in its entirety; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City/Developer Agreement for the Covington Addition approved by the City Council on September 4, 2007 and executed on October 3, 2007 is hereby amended per Exhibit'�A". AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, _ ON THIS THE 11T" DAY OF April 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND ABSTENTIONS CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" AMENDMENT TO CITY /DEVELOPER AGREEMENT FOR COVINGTON ADDITION THIS FIRST AMENDMENT TO CITY/DEVELOPER AGREEMENT FOR COVINGTON ADDTION (this "Amendment") is made and entered into effective as of April 11, 2012, by and between the CITY OF COLLEYVILLE, Tarrant County, Texas (the "Citv"), and ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability company ("Developer"), successor in interest to Covington Partners, LLC ("Partners"). RECITALS: A. The City and Partners are parties to a City/Developer Agreement for Covington Addition (the "Agreement") dated October 3, 2007, relating to the development of the Covington Addition, an addition to the City of Colleyville, according to the map or plat thereof recorded in Cabinet A, Slide 11839 of the Plat Records of Tarrant County, Texas (the "Addition"). B. Partners sold the Addition to Developer and the rights, duties, and obligations under the Agreement have been transferred by Partners to Developer. C. The City and Developer desire to amend the Agreement as specifically provided in this Amendment. NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Developer agree that the Agreement is hereby amended as follows: 1. Incorporation by Reference. The foregoing recitals are incorporated by reference as though fully set forth herein. 2. Defined Terms. Capitalized terms used and not otherwise defined in this Amendment shall have the same meaning or meanings given to them in the Agreement. 3. Private Trail. Section 4 of the Agreement is hereby deleted in its entirety. Effective as of the date of this Amendment, Developer shall no longer be obligated to construct and maintain a private trail located along Lots 7, 8, 9X, 10, 11, and 12 of Block B of the Addition. 1 Exhibit "A" 4. Notice. The notice address for Developer set forth in Section 13h of the Agreement is hereby changed to: 1221 N. Interstate 35E Suite 170 Carrollton, Texas 75006 5. No Further Amendments. Except as expressly set forth in this Amendment, the Agreement has not been modified or amended. The Agreement, as amended by this Amendment, is in full force and effect and the parties hereto ratify, confirm and approve in all respects the Agreement, as amended by this Amendment. This Amendment cannot be modified or amended, except in writing executed by the City and Developer. 6. No Oral Agreements. There are no oral or written agreements between the parties concerning the transactions contemplated by the Agreement, except as set forth in the Agreement and this Amendment. 7. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one and the same instrument, with the same effect as if the signatures were upon the same instrument. The parties may sign and transmit this Amendment by facsimile or other electronic means, and each party's signature on a facsimile or other electronic transmission of this Amendment shall be considered an original signature with the same binding effect as an original signature on this Amendment. 8. Controllina Aareement. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control. � Exhibit "A" This Amendment is duly executed by the parties hereto as of the date set forth above. THE CITY: CITY OF COLLEYVILLE By: Name: Title: DEVELOPER: ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability company By: Gary Rae, Dallas Division President 3 Date: `�— �l- e2O�� 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: GL � Ordinance/Resolution Number: �� '-� �` � Z Name: �a � � L� � /'� �RE Address: �� %__� �'r`u�vrc'�'x- � / �_/�+ l-- City: (� �? G�-Q y v �l ��= Telephone No.: ��l �� ./�S� �� l� I represent: � Self ❑ Organization: I understand I am /imited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: � �,��- 7. � /' information is a Public Record LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7b Agenda Date 04/11/2012 Number Resolution R-12-3483 Type Resolution Department Library Title Approval to Replace Resolution R-10-3259 changing the structure and membership of the Colleyville Events Steering Committee Explanation Reading and Pub/ic Hearing At the February 21, 2012 Pre Council meeting, staff presented a report to City Council on City of Colleyville special events, which have occurred since the restructuring of events in Fiscal Year 2011. Following the presentation and discussion, the City Council proposed the structure and membership of the Colleyville Events Steering Committee be re-evaluated. At the March 20, 2012, Pre Council meeting, staff provided an agenda item to City Council for discussion of the structure and membership of the Colleyville Events Steering Committee, and sought direction from the City Council as to the future composition of the Committee. On August 17, 2010, the City Council adopted attached Resolution R-10-3259 and established the Colleyville Events Steering Committee with a membership of fifteen (15) members, who serve two-year staggered terms. In order to facilitate the planning and coordinating of City special events, it was recommended the structure and membership of the Colleyville Events Steering Committee be changed to reduce the total number of committee members. Staff presented two options for City Council consideration: Option A- provided for a Colleyville Events Steering Committee that consists of seven members at-large, who are appointed for two-year terms, and Option B- provided for a nine member Colleyville Events Steering Committee that consists of four members at-large and five members from Colleyville not-for-profit organizations, whose stated purpose is to serve the community at large and/or Grapevine-Colleyville Independent School District (GCISD), with one member per group. Following the presentation and discussion, City Council selected Option A, which provides for a Colleyville Events Steering Committee that consists of seven members, who are appointed for two year terms. Three members will be appointed each odd- numbered year and four members will be appointed each even-numbered year. The three members to be appointed in odd-numbered years would be appointed by City Council at this time, and would serve a 21-month term through December 2013. In subsequent years, the three members appointed in odd-numbered years would serve two-full-year terms. The four members to be appointed each even-numbered City of Colleyville Page 1 City Council Agenda Briefing 7b year would begin their term in December 2012, and serve through December 2014. Currently, seven Committee member's terms ended in December 2011, and the remaining eight Committee member's terms end in December 2012. The eight members, whose terms end in December 2012, would continue to serve through the remainder of their term. The attached proposed Resolution R-12-3483 replaces Resolution R-10-3259 changing the structure and membership of the Colleyville Events Steering Committee, as directed by City Council during the March 20, 2012 Pre Council meeting. Financial Impact There is no financial impact. Recommendation Approve Attachments 1. Resolution R-10-3259 2. Resolution R-12-3483 City of Colleyville Page 2 RESOLUTION R-10-3259 A RESOLUTION AMENDING THE NAME AND THE CHARGE OF THE CELEBRATE COLLEYVILLE STEERING COMMITTEE WHEREAS, the Celebrate Colleyville Steering Committee was established in April 2000 for planning and coordinating a City holiday event; and WHEREAS, the City Council desires to achieve the maximum benefit for the community with the continuance of special events; and WHEREAS, the City Council would like to continue to involve citizens in the development of the structure, venue(s), budget and long-range planning efforts of such events; and WHEREAS, it is the desire of the City Council to amend the Celebrate Colleyville Steering Committee name to the Colleyville Events Steering Committee; and WHEREAS, the current members of the Celebrate Colleyville Steering Committee will continue to serve through their appointed term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the eleven-member Colleyville Events Steering Committee is hereby established for the purpose of planning and coordinating special events. Sec. 2. THAT the Colleyville Events Steering Committee will meet as needed to review and make recommendations to the City Council on the schedule, structure, venue(s), budget and long-range planning of events. Sec. 3. THAT the members and terms of the Colleyville Events Steering Committee are as follows: Becky Cast Michael Copp Judy Myre Tom Westerman Jennifer Bosley Pete Challinor Linda Salisbury Barb Stephens Carmen Thayer Robin Waggoner Kimberly Walton December 2010 December 2010 December 2010 December 2010 December 2011 December 2011 December 2011 December 2011 December 2011 December 2011 December 2011 Sec. 4 Resolution R-10-3259 Page 2 of 2 THAT four additional members will be added to the Committee for a total of fifteen committee members. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, D NAYS AND � ABSTENTIONS ON THIS THE / DAY OF .c�,o 2010. ATTEST• k � �� ynthia ingleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE � F ��..�U �-�-��,� David Kelly Mayor RESOLUTION R-12-3483 A RESOLUTION REPLACING RESOLUTION R-10-3259 CHANGING THE STRUCTURE AND MEMBERSHIP OF THE COLLEYVILLE EVENTS STEERING COMMITTEE WHEREAS, Resolution R-10-3259 established a fifteen (15) member Colleyville Events Steering Committee to develop the structure, venue(s), budget and planning efforts of City sponsored special events; and WHEREAS, the City Council desires to achieve the maximum benefit for the community with the continuance of special events; and WHEREAS, the City Council would like to continue to involve citizens in the development of the structure, venue(s), budget and long-range planning efforts of such events; and WHEREAS, to facilitate the planning and coordinating of City of Colleyville special events, it is the desire of the City Council to change the structure and membership of the Colleyville Events Steering Committee; and WHEREAS, the City Council desires to reduce the Colleyville Events Steering Committee membership of (15) members to seven (7) members and have two-year terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the seven (7) member Colleyville Events Steering Committee is hereby established for the purpose of planning and coordinating special events. Sec. 2. THAT the Colleyville Events Steering Committee will meet as needed to review and make recommendations to the City Council on the schedule, structure, venue (s), budget and long- range planning of events. Sec. 3. THAT the Colleyville Events Steering Committee will annually elect a Chairman and Vice-Chairman from their membership. Sec. 4. THAT three members will be appointed each odd-numbered year and four members will be appointed each even-numbered yea r. Resolution R-12-3483 Page2of2 Sec. 5. THAT the three members whose terms will begin in odd- numbered years will be appointed at this time and serve a 21 month term through December 2013. In subsequent years, the three members appointed in odd-numbered years would serve two full-year terms. The four members to be appointed even numbered years would begin their term in December 2012, and serve through December 2014. Sec. 6. THAT the eight members whose terms end in December 2012 would continue to serve through the remainder of the term. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 11th DAY OF APRIL 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7c Agenda Date 04/11/2012 Number Resolution R-12-3484 Type Resolution Department City Secretary Title Consideration of appointments to the Colleyville Events Steering Committee Explanation Reading and Pub/ic Hearing During the March 20, 2012 Pre Council meeting, staff presented information regarding the structure and membership of the Colleyville Events Steering Committee. City Council requested an item be placed on a City Council agenda to consider reducing the membership of the Committee from fifteen (15) members to seven (7) members with a two-year term. Resolution R-12-3483, previously considered by City Council on this agenda, included the reduction of inembers. Three members will be appointed each odd-numbered year and four members will be appointed each even-numbered year. This item provides for consideration of appointing three members, whose terms will normally begin in odd-numbered years, to serve a 21 month term through December 2013. In subsequent years, the three members appointed in odd-numbered years would serve a two year term. The four members appointed in even-numbered years would begin their term December 2012 and serve through December 2014. The eight members whose terms expire December 2012 would continue to serve through the remainder of the term. There are six (6) applicants, whose names are listed below, for City Council consideration: Linda Salisbury Kathryn Wheat Financial Impact There is no financial impact. . . Pete Challinor Kirsten Isensee . . Carmen Thayer Barb Stephens City of Colleyville Page 1 City Council Agenda Briefing 7c Recommendation Approve Attachments 1. Colleyville Events Steering Committee roster 2. Applications for Appointment 3. Resolution R-12-3484 City of Colleyville Page 2 Colleyville Events Steering Committee Charles Bethards 1602 Royal Lane Colleyville, TX 76034 W: (817) 281-7136 H: (817) 581-7005 bethards(a)sbcqlobal. net TERM:Dec 2010 - Dec 2012 Pete Challinor 2585 Hall-Johnson Road, #524 Grapevine, TX 76051 H:(817)291-9911 petechalli nor a(�sbcqlobal. net TERM:Dec 2009 - Dec 2011 J. Walt Mills 404 Vintage Court Colleyville, TX 76034 H: (817) 271-0353 wa ItCa�wa Itm i I I s. co m TERM:Dec 2010 - Dec 2012 Linda Salisbury 528 Haverhill Lane Colleyville, TX 76034 W: (817) 848-4992 H: (817) 701-6986 evadbury(a�aol.com TERM:Dec 2009 - Dec 2011 Letha Siddons 512 Bridlewood North Colleyville, TX 76034 H: (312) 316-9603 IsiddonsCa�hotmail.com TERM:Dec 2010 - Dec 2012 Patti Tanaka 4108 Cheshire Drive Colleyville, TX 76034 H: (682) 552-5080 ptanaka86(a�yahoo.com TERM:Dec 2010 - Dec 2012 Robin Waggoner 6417 Remington Parkway Colleyville, TX 76034 H: (817) 428-1149 robinwaqqoner(a�sbcqlobal.net TERM:Feb 2010 - Dec 2011 03/26/2012 Jennifer Bosley 305 W. Mill Valley Drive Colleyville, TX 76034 W: (972) 453-6748 H: (972) 849-4910 lenniferbosley(a�yahoo.com TERM:Feb 2010 - Dec 2011 Charlie Hewitt 224 Mill Valley Drive W. Colleyville, TX 76034 W: (817) 891-1305 H: (817) 503-9819 charlesdhewittCa�vahoo.com TERM:Apr 2011 - Dec 2012 Amy Redfearn 7300 Chanel Court Colleyville, TX 76034 W: (972) 896-3796 H: (817) 577-1009 amvredfearnCa�verizon. net TERM:Apr 2011 - Dec 2012 Elliott Seymour 4701 Jim Mitchell Trail East Colleyville, TX 76034 W: (817) 675-5110 H: (817) 835-0523 easeymour1(a�verizon. net TERM:Feb 2011 - Dec 2012 Barb Stephens 3411 Brentwood Drive Colleyville, TX 76034 W: (214) 681-5874 H: (817) 849-8787 BarbCa�eaqlerealtvpartners.com TERM:Feb 2010 - Dec 2011 Carmen Thayer 3901 Magnolia Court Colleyville, TX 76034 W: (817) 267-2686 H: (817) 577-8156 thayerc(a�us.ibm.com TERM:Dec 2009 - Dec 2011 Kimberly Walton 201 Washington Court Colleyville, TX 76034 W: (972) 621-0400 H: (682) 325-4188 ki m berlvCa� ntc-dfw. o rq TERM:Dec 2009 - Dec 2011 Colleyville Events Steering Committee Tom Westerman 308 Oak Valley Colleyville, TX 76034 H: (817) 485-0911 twesterman 1(a�att. net TERM:Dec 2010 - Dec 2012 03/26/2012 APPLICATI�N F'OR APPOINTMENT F�OR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITTEES Planning and Zoning Commission and Zoning Board of Adjustment applicants are reguired fo fife Financra! Disclosure and Susin�ss Conflrct of lnteresf forms twa (2j business days after the applrcatiorr deadline. These forms are available on the City's websiie at hit;n:flvvv�rw.ao{fevvilfe.cam/t'iles/�iraanci�l%20Uisclosur�%2Qfarm,pdf or by contacting th� City 5ecretary at 897.503.1130. Board, Commission or Committee: (oniy those wiih current op�nings are a�ailable) �. Click here for drop down menu -� C�� '�`�`�' �� '�� n �rn� b��,.,�, � � � �e If ou are wil�in to be cansidered for a board commission or committee other than our first choic� fease list below. � 2. Click here for drop down menu. 3. Click here for drop down menu. Nam�: ❑ Ms. Mrs. ❑Mr. �' ��`— c�c�� Sb �.� � � .�' W �� ; 1 f �.►� �- C� �1�.� � � 1Ie_�. �� 7Go 3 � Address: � C� � Home Teiephane: �,�7�/��c�g� Work Telephone:$7'��~�$'��'�4� By providing an e-mail address, you are cor�senting ta tF�e release of your e-mail address by fhe City. E-mail Address:�e_�� .i r��b r�.� �� c�-- F�'.- ��h �'�a�e�� _.cx��a C� �� Knowledge, experience or educatian applicable to Board, Commission or Committee function: ��... � �� . G� � �.�.�,�-� .�-, � �ther information:( City service and experience, ci�ic organizations, interest in serving): � a...�� 5��r-v �.�. r� �-� Q`r�;�' cv�s �� w� � C� �l� ,, � 11�= �� . v��-s ��l--�e.�t` � �.�- � °�-� � � ❑ Ch�ck if addifianal materials are attachec�. I understand at#endance and active support is required for each appoin ��p� (��' � � �Q�� Signature: �� Date: /`J��/�l Cl�Y SEC��iA��'�S �FFi�� Once pasitions ha�e been filled, you must reapp[y for future openings. All informa#io� provided is public pursuant to the Texas Public fnformaiio� Act. Please return completed applicatfon to: Cify Secrefary, 100 Main Streef, Colleyville, Texas 7'6034, Office: 817.5U3.173U Fax: 89T,503.1939 csin pl�ion('�a.c�ll��vi31e. c�m �1� Y O� � �LLEY'� � : 4 .. e _ �� ,..�q, r��.5 APPLICATION FOR APPQINTMENT FOR CiTY COUNCIL.APPOINTED $OARDS, COMMISSIONS AND COMNIITTEES Plarrrting ar�d Zonirrg Co»rmissron and Zorting Baard of Aafjustment appiicartts are required to file Fincmcial Discdosure atra► Business Canflict of Interest forms lwo (2) busir�ess days after the applrcation deadh'ne. T:zese farms are available an the City's website at: htt �: !'ivtvev. culle ville. c�»n�' Itcs/f%i►rc�facicrl%20Discln.rr�t•e%20 br•rrr. �r� or by contacting the City �'ecretary at 817.503.I130. Ba�rd, Cpmmission or Committee: (only those with current openings) 1. G L�' V�� I��V (� � ��' r� r-�� If vn�x are willin� to be considered for a board. commission nr co .mmit�ee other t�an ,� �rst choic�please list low. � 3. Name: Ms. Mrs. Mr. Address: '' D •�ON �, �`�'Y 4.�� Home Telep�one: _ �� % �g� ��1..--- Work T�lephone: �� By praviding an e-mail address, you are consenting to the relsase of yaur e-mail address by the City. E-mail Address: SG� 1 F�� Knowledge, experience or ed�xca�ion applica e to Bvard, Commission or Committee fu�ction: �� n N � � �� Other in%rmation: (City service ar�d experience, civic organizations, interest in serving3: Check if additiaria.l Dn you understand Signature: are attachec�, support is required for each appointee? ��S Date: 2 2 � /' Once positians I�ave been �lled, you must reapply for future ope�uings. All it�,f �ormation provided is pubric pursuant !o the T'e�ra6s Pub�ic Infortnution, .�..:, Please rdurn completed ap,ptication to: Gity Secreiary, l00 �lain Street, Calleyville, T�as 76034, Q,�ce: 519.503.1130 csingletonQcolleyvilT�com F�!�� i�..�.,'I_�• � V � � ; ��. � � . ��Tso.�.r �Q11 � G,...,� �� C��' '��:�:�, Y"S OFFIC� � �li��.��4�1'"��R� �'�11F� d�1F�'�'��1I�'°1!4��11"I" �� C��"�` ��1`��., .�i.l�'��YE�I"i�� L'�� i��1'�1� ,��'i ��V1�T"�°�'"�;�� Plr�rrrtin� anr� �Qnrr�g t��y►r�fis�rnn �!'i� �t��tir�g Bt�$rd Gf a4djusirner�f �sppliC�r�fy s; � r�r�uared f�s �!e �'}��r�nai�i �i��clv�ute snd B�rsine�s Gvn.�jict. nf lnt��si �Ornts two (�) lausii��ss aays �iter fhe �pptr�r�ti�srr s��diine, iit�ss i'�r��s �� av��l�,�r� �n tf�� It,y's we��i�it� s�� t:/I�r��E� '„�Q,f,�r�rt�/frleUf�'inancr'a1�,20t]�s I 5�lF�J' a��fOf1TT, df �r �ry ccrn#�ct�n� th� �:irY ��cretary �f #3? �.5f7,3. � 93f1. �c��rc�, Ga�r��r��iara �r �v�m��:� ��r�l� thr��e anri�l� �urr��it c�p�r�9a�gs �rr� �r��a��al�) �. G��I�y�vill� �v�r�t� �t��i'rt� ��rr�mi�f�� , . It'�rst,�,�� vilfi�ti�to �� cot��id�:� „f�r a l�n�r�l�rr�r_�is5.l.o�1 ot r,�rt� �`ile�__ � ati�+�r ti��rs.y�'�i�,st_�hdi�, �fe�F��►, ,�. �r�hit��r�p l��eri��r ��r�i��i�,n �, �'�s'�� r��i ��r��ti�€� �,c��i��ry ��rd � �d��: �i��.�l�r�. l...,.J�r, ��rn�� 04. '�'h�y�� ,�ddr�ss: ��0� ��r�+�fi� ��r�r�, ��I#�y�r��f�, T'� �`�i�3� �i�rrn� �"ei�pi�on�: �1��'��`��6 lN'oci� T�l�ph��: �'�7»2�7-2�1�� j/ �1'[flPiL�iVl� s'X69 Q�d'i18p� ��L�i'�.i$� �'dyYd �'3P� «�kil�"w�Tl�ltl� �Ci �� '��"�'�`� q� �'qElr#' ��5� '��&�k"�S�i fD3j �i}� �%li�� -rile�i� ACti9r��"�: �-ri�#��h�y�t'I��e�'�mi ��x� �°i 7��'�'�� l�€icsvu��c�g�r �xp�ri�rso� �r e�r.d��fo� �ppli��bl� t� 13��, �ami�iis�a�r� ae� fi�n�rrmi��c� fur�cti�n: 6��rv�d a� th� �vard �ast y��r �� en�vy��1 i� v�ry m�sch. �ih�r is��►�r��tiq�; (+�ity ��°orice �� xperien��, c{r�i� �rr€�r�€��irsr��, in#�r��f. ir� �ervir�c��: i�m �rrt ��h� t�c��rc� �� dl��t�r� �ar �� it��rdlle Lic�n� Club �r�� th� bc�;�rd t�f tru�te�� fur �I�� A� ��r t�,� T'ex�s �.�nd ��d i's�l� A��a��ti��, ar�d �r� ��h� b��rd �f dir��tra�� t�� T�rrant ��u�ty ��r A��a�ior� � F��9 E�� Sectio�r� � �h�ck i# �dditi�r�al r��t�ri�l� �r� �4��h�d� � � und�r�fiar�d ��d�nc� ��d a�tiv� �u��rf ►� r��ir�d for ��c�t ��csin��. C� ��"� ��r ��ur�: I��te: 1 a� ��.r� �� p�it&�t�� i��v� b��:Ca �i��d, l�u ett��t i`�p�l� to� t�att�r� c+�3ning}s. �GI ��ftsYis��f�� r�v@c1e�! i� �u�� ¢��u�rs� tK� th� °�"t�ae�� uE��°s� I�t'��ta�s� ��. P��+� s�tua�r� cra�rr�l�a��r! a�a�olJ��tf�srr f�: cae� ��c��ry, �� r� �tr��, L��s��rlr�, r��s a��, ��: ��ar �o�.��r � ; !� r, c��cz��,�r�.c,vm � �� . � �Q��i �ITY S�CRETAAY'S �FFICE APPLICATIOI\i F�R ,APPOINTM�NT FOR C17Y COU11iCIL APPOINTED BDARDS, COMMISSIONS AND COMMITTEES Planning arrd Zoning Commission and Zoning Boarrl of Adjustmenf applicanfs are required fo file Financia! Disclosure and 8usiness Conflicf of lnferesf forms two (2j business days affer fhe applrcatron deadline. These forms are available on fhe City's website at htt ://www.colle vr1le.com/files/Finarrcial%20Drsclosure%20form. df or by contacting fhe Cify Secrefary af 897.503.1130. Board, Commission or Committee: {only those with current oper�ings are ava�lable} 1. Colleyvilie Trails and Sidewalks Committee If ou are willin ta be considered for a board cammission or committee other than our first choice lease list below. 2. Colley�ille E�en�s Steering Committee 3. Parks and Recreation Ad�isory Board Name: ❑ Ms.❑✓ Mrs. ❑Mr. Kathryn Wheat Address: 2�6 Colden Court, 76034 Home Telephane: fi82-2'14-1786 Work Telephone: 475-218-4930 By �roviding an e-mail address, you are consenting to the release of your e-mail address by the City. E-mail Address: kwheat@gmail.com Fax: KnowEedge, experience ar education applicable to Baard, Commissior� ar Committee function: 1 am an active walkerlrunner and love #o explare the city via trails and sidewalks. As a heavy user of these areas I feel f could be of help. In additian, I often push a stroller ful[ of kids and want to help ensure that the infrastruct�re that supparts families is in place. Other information: (City service and experience, civic organizatians, interest in serving}: My family and f j�st ralocate� from San Francisco to Colleyville in 5eptember. I am very interested in helping de�elap and mairttain all positive attributes fn the cammunity. � Check if additional materials are attached. ✓❑ I understand attendance and acti�e support is required for each appointee. �[ (�'° !L LL� � � NOV 1 � 2011 � Signature: K,Gt�yw'yw 1N��" Date: 11/16/2011 C�TY S�CRETARY`S �FFiCE Once pasitions ha�e been filled, you must reapply for future openings. AIf information provided is public pursuant to tf�e Texas Public Information Act. Please return camplefed applicatfon to: City Secretary, ?DD Main Sfreet, Colleyville, Texas 76034, Office: 817.503.'1'!30 Fax: 84T.503.9739 csin lefon colte ille.com Application for Appointment For City Council Appointed Boards, Commissions and Commit#ees Plannrng and Zoning Commission and Zaning Board ofAdjustment applicants are required ta file Financra! Disclosure and Business Conflict of Interest forms two (2) business days after the applicatron deadline. These forms are available on fhe City's we6site at http://www.colleyvi!le.com/files/Financral%20Disclosure%20form. pdf or 6y contacfing fhe Cify Secretary at 817. 503. 9130. Board, Commission or Committee: (only those with curren� openings) 1. E�en#s Steerinc� Committee If you are wifling to be considere� for a board, commission or committee other t�an your first choice, please list befow. 2. Collevville Center Ad�isory CommEttee 3. Parks and Recreation Adviso Comrnittee Name: Mrs. Kfrsten Isensee Address: 3203 Wilton Woods Court Colieyville, Texas 7_6034 Home Tel�phone: 817-864-9Q52 Work Telephone: 2'i4-�69-2581 By praviding an e-mail address, you are cansenting to the releas� of your e-mail address by the City. E-mail Addr�ss: tiki1 d0(c�verizor�.net Fax: NIA Knowledge, exper�ence ar ed�acafion applicable to Board, Commission or Committ�e : 1) Ten ears ex erience sittin on Dallas Count Communit Colle e District DCCCD committees incfudin the Hi h School Acad�m at North La�ce Colle e NLC Merit Committees with Brookhaven Colfe e BHC S ecial E�ents Committees at BHC E�enin af Excellence Awards ar�d Celebrat�on Commiitee BHC . 2) Worked or� se�erai lannin committees artnerin with Irvin ISD Texas Teacher Association Co ell ISD Daflas ISD and Irvin Chamber of Commerce. 3) Was a art of the lann�n and execution of se�eral lar e e�ents includin : Dallas ISD Minds in Motians Irvin ISD Ke Connection DCCCD E�enin of Excellence, Pyramid Awards and Student Scholarshiq Awards. 4) Solely responsible for the BHC-Boy Scout Annual Merit Badae College, BHC Halida Celebrations annual student 'ob shadow ro rams numerous seminars speeches and workshops. Other information: (City service and experience, civic organizations, interest in serving): M entire adult life has been s ent servin on committees. Whether it was on a school cammitiee or through mv iob I hav� always been in�olved. I ha�e always felt cor�nected. Since I a�e u m career to raise m children 1 have lost that connection and feel m time is no lon er cor�struc#i�e. I want to become a art of m communit a ain and contribut�. Check if addi#ional materials are attached. Do you understand that aftendance and active support is required for each appointee? Yes Signature: Kirsten Isensee -' � � �-�° � � �° Date: Oc#o�er 1A�, 2011 fL ly Qnce positions have been filled, yau musi reapply for future openiRgs. All information pro�ided is public p�rsuant to the Texas Pub[ic Information Ac �T �"l �� 4' 1 GITY SECRETARY'S �FF�CE APPLICATIO�I FOR APPOINTMENT �OR CITY CDUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITT�ES Planning and Zoning Commission and Zoning Board of Rdjusfinenf applicants are regurred fo fil� Financia! Disclosure and Business Canflicf of Interesf forms fwo (2} business days after fhe applicafion deadline. These forms are available orr the Cify's website at hffA://www.co!levvi!le.com/files/Financial%20Disclosure%20form.ndf or hy confacting the Cify Secretary at 817.503. 9 930. Board, Commission or Committee: {only those with current openings are a�ailable} �. Colleyviile Events Steering Committee Ifi ou are willin to be considered for a board cammission or committee other than our first choice lease list below. 2. SH26 Advisory Committee 3, Colleyville Trails and Sidewalks Committee Name: 0 Ms.O✓ Mrs. ❑Mr. Barb Stephens Address: 34'! 1 Brentwood Dri�e, Colleyville, TX 7fi034 Home Telephone: Work Tefephone: 214-681-5874 By pro�iding an e-mail address, you are consenting to the release of your e-mail address by the CiEy. E-mail Address: Barb@EagieRealtyPar#ners.CO� Fax: $� 7_g49-8787 Knawledge, experience or education applicable to Baard, Commission or Committee function: Currer�tly on Steering E�ent Committee. Otl�er informafion: (City service and experience, ci��c organ�zations, interest in serving): Colley�ille Lion's Club � Check if additional materiais are attached. ❑✓ I understand attendance ar�d active support is required for each a oc� � 8 z�� FFI�� Signature: L�iG�a�'U-StP�?7'LC.vL� Date: 1 p/21/2011 Once positions ha�e been filfed, you mus# reapply for future openings. All information provided is pubiic pursuant to the Texas Public Infarmation Act. Please refurn completed application to: Cify Secretary, 100 Main Street, Colleyville, Texas 76034, �fiFice: 817.503.1130 Fax: 817.503.? �39 csin lefon colfe ille.com RESOLUTION R-12-3484 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE EVENTS STEERING COMMITTEE WHEREAS, the Colleyville Events Steering Committee membership has been decreased from fifteen (15) members to seven (7) members, and; WHEREAS, three (3) members, who would customarily be appointed in odd- numbered years, and serve a two year term, will be appointed at this time, and serve a 21-month term through December 2013; and WHEREAS, four (4) members will be appointed each even-numbered year beginning December 2012; and WHEREAS, eight (8) Committee members, whose terms expire December 2012, will serve the remainder of the term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following persons are hereby appointed to the Colleyville Events Steering Committee to serve a term expiring December 2013. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 11T" DAY OF APRIL 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-12-3485 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF APRIL 11, 2012 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 11T" DAY OF APRIL 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor