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HomeMy WebLinkAboutCity Council-Agenda Packets-7/3/2012C �T �f OP �- COLLEYjJILLE rr_�;:�` City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 3, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update on the State Highway 26 (SH26) Reconstruction Project PC-2 Discussion of health insurance bid analysis and recommendation PC-3 Discussion of the Strategic Plan PC-4 Discussion of the July 3, 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 - Litigation - City of Colleyville v. Mitchell Section 551.071 - Legal - Advice from City Attorney regarding land use regulations and zoning 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: Pastor Cameron Veazy, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 1 ■ City Council Agenda July 3, 2012 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 12-3509 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of National Parks and Recreation Month - Mary Rodne, Library and Parks and Recreation Director 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3510 4a Approval of the minutes of the regular City Council meeting of June 19, 2012 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1840 Approval of the proposed amendments to the regulations and permit fees administered by Tarrant County for food establishments, and swimming pools, spas, and interactive water features 5b Ordinance 0-12-1841 Approval of the Fiscal Year 2013 (FY 2013) Colleyville Crime Control Prevention District (CCCPD) budget 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1842 Amending Ordinance 0-92-880 setting fees and charges for City facilities 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3511 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding the sign regulations for a wall sign on Lot 4A, Block 1, of the Monterra Place Addition, located at 6908 Colleyville Boulevard, Case GC12-007 7b Resolution R-12-3512 Consideration of appointment to the Colleyville Economic Development Corporation Board City of Colleyville Page 2 � � City Council Agenda July 3, 2012 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Minutes - June 11, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 3, 2012 - Reading and Public Hearing - Resolution R-12-3513 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards June 29, 2012, 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 Agenda Number PC-1 Type Presentation and Discussion Department Public Works City of Colleyville City Council Agenda Briefing Agenda Date 07/03/2012 Title Update on the State Highway 26 (SH26) Reconstruction Project City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation At the February 7, 2012 Pre Council meeting, Christi Gotti, Transportation Program Manager for the North Central Texas Council of Governments (NCTCOG), made a presentation on how transportation projects in the region are prioritized and funded. Included in the presentation was a discussion about the schedule for the remaining phases of the State Highway 26 (SH26) reconstruction project and the City's desire to accelerate the schedule as much as possible. Ms. Gotti indicated that projects, which are truly "shovel ready" (designs complete, right-of-way cleared, and utilities relocated) may be funded early, and encouraged Colleyville to move forward with relocating utilities for the remaining portion of the SH26 reconstruction project, from south of John McCain Road to the southern City limits. Construction plans are complete, and right-of-way has been acquired for the entire portion of the project in Colleyville. Ms. Gotti also indicated that the NCTCOG staff was working with TxDOT to move Phase 2, from John McCain Road to Hall-Johnson Road, up to 2014 on the Transportation Improvement Plan (TIP). Staff received confirmation the week of June 18, 2012, that the TIP has been officially amended to reflect the change. On May 23, 2012, a pre-construction meeting for Phase 1 of the SH26 reconstruction project (Brumlow Road/Pool Road to south of John McCain Road) took place at the area office of TxDOT in Euless. The contractor for the project, AUI, Inc., indicated they would begin mobilization on Monday, June 18, 2012, and estimated the project will take 22 months to complete. The construction work will be done in three phases, beginning with the northbound lanes, then the southbound lanes, and, finally, the center lane. Franchise utilities are still being relocated, but it is anticipated that relocation work will be complete by the end of June 2012. Staff is currently working with TxDOT to modify the local agency advance project funding agreement to include enhancements to the crosswalks, the back lit street name signs, and the traffic signal poles. As soon as those negotiations are complete, the revised agreement will be presented to City Council for consideration. The process of relocating City-owned water and sewer lines, from south of John McCain Road to Centerpark Drive, could begin in the near future, if authorized by City Council. Staff is seeking direction from the City Council as to utilization of possible funding sources for the relocations. The potential funding sources are water impact fees, City of Colleyville Page 1 City Council Agenda Briefing wastewater impact fees, Tax Increment Financing District revenue, use of available cash from the fund balance of the Utility Fund, and a possible Utility Fund revenue bond sale. The estimated cost to relocate City-owned utilities is as follows: south of John McCain Road to Hall-Johnson Road ($1.98 million), from Hall-Johnson Road to Glade Road ($1.25 million), and from Glade Road to Centerpark Drive ($0.37 million). Staff recommends the entire section of City-owned utilities from south of John McCain Road to Centerpark Drive be consolidated into a single project (the total of all segments is $3.6 million) and relocated as soon as possible, in order to be in an optimal position to receive early and/or any additional reconstruction funding. Attachments 1. Update on State Highway 26 (SH26) Reconstruction Project presentation City of Colleyville Page 2 UPDATE ON STATE HIGHWAY 26 SH 26 RECONSTRUCTION P RO� E CT r��� �,�� ��� � .]ul 3 y, rir� ���i � � 2012 �,��� C+C�LLEYVILLE . . Desig n is com plete AI I rig hts-of-way req u i red for construction i n Col leyvi I le have been acq u i red by TxDOT • Construction on Road/Pool Road has beg u n Phase 1 from Bru m low to south of ]ohn McCain Road • Phase 2, from south of Joh n McCa i n Road to Hall-Johnson Road, has officially been moved to FY 2014 i n the reg iona I tra nsportation pla n � � i,�=�-��, � C+C�LLEYVILLE • Left tu rn la nes - TxDOT has advised the City that there will be no permissive left turns allowed due to the extended width of the h ig hway (7 la nes) • Bridge en ha ncements - Cou nty money ca n on ly be used for ca pacity i m provements a nd safety en ha ncements. Cou nty staff has i nd icated that $50,000 (with a 1 to 1 match) may be available for back I it street na me sig ns (safety) • Cotton Belt III Tra i I- City staff has met with Grapevine staff and identified a design firm � 4��4 C+C�LLEYVILLE • Modify Advance Funding Agreement with TxDOT for enhancements to crosswalks, back lit street name signs, and signal poles • Field check pla ns for the rema i nder of the project (joi nt effort with City staff, TxDOT a nd desig n f i rm ) • Relocate all utilities from south of .7ohn McCain Road to south City I i m its • Secure funding for the final phases (Hall-.7ohnson Road to south City I i m its) � 4��4 C+C�LLEYVILLE • City is responsi ble for movi ng water a nd sewe r I i n es • Some water a nd sewer I i nes need to be u psized i n accorda nce with the water a nd sewer master pla n • Other fra nch ise uti I ities wi I I not beg i n relocati ng u nti I the City gets sta rted • Relocati ng a I I uti I ities en ha nces the opportu n ity for ea rl ier fu nd i ng ` � 4� �4 C�LLEY VILLE � t� • Tax Increment Fi na nci n TI F District g • Uncommitted Utilit Fund balance y • I m act fees u sizi n on I p p g y • Uti I it reven ue bonds y � 4��4 C+C�LLEYVILLE PROS • Does not d ivert money • from other reven ue so u rces • TIF fund balance is adeq uate to cover the cost • Project is TIF eligible CONS Requires modification to TIF plan and approval by other taxing entities (TIF partners) � 4��4 C+C�LLEYVILLE :� . PROS Does n ot req u i re d e bt issua nce Does not affect TIF CONS • Fund balance in excess of 90 day reserve requirement is i nsufficient to cover a I I relocation costs • Uses fu nd i ng that cou Id be used for water and sewer renewa Is � i,�-� "� � C�LLEY VILLE � t� :� PROS I m pa ct fees a re available CONS • Can only be used for the u psizi ng portions of th e p roj ect . Will divert impact fees from other potentia l p roj ects ' i,�== "�. � C+C�LLEYVILLE PROS • No impact on utility fund balance • Utility fund balance ca n be u sed fo r renewals CONS • Req u i res rate i ncrease to service debt • Impact to current average customer is a pproxi mately $2.62 per month • Reduces opportunity to issue debt for water and sewer renewals � � i,�=�. � C+C�LLEYVILLE Based on a n a na I sis of the va rious y o tions staff recom mends a p , com bi nation of TI F fu nds a nd i m act p fees be used to fu nd the relocation of the Cit 's water a nd sewer I i nes for y the rema i nder of the S H 26 reconstruction ro�ect. p J � 4��4 C+C�LLEYVILLE LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-z Type Presentation and Discussion Department Human Resources City of Colleyville City Council Agenda Briefing Agenda Date 07/03/2012 Title Discussion of health insurance bid analysis and recommendation City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation This item provides an opportunity for City Council and staff discussion of the health insurance bid analysis and recommendation. In May 2012, staff received the health insurance renewal from Aetna, which reflected a 13.3% rate increase. Additionally, the City's dental provider, also Aetna, submitted a renewal rate increase of 8.5%. Staff initiated a bid process for employee health and dental insurance in an effort to obtain more competitive offers. Also included in the bid process was basic life and accidental death and dismemberment (AD&D) insurance, long-term disability insurance (LTD), and an optional employee paid vision plan. As a point of reference, the FY 2013 initial renewal rate from Aetna was an increase of 13.3%, or approximately $215,474 annually. That renewal rate was based upon the existing plan design, which consists of a$2,000 individual /$4,000 family deductible, 90% in network coinsurance, $25 office visit co-pay, and an out-of-pocket maximum of $1,000 individual /$2,000 family. This plan is supplemented by a health reimbursement arrangement (HRA) in which the City reimburses an employee for $1,250 of the deductible expense after the employee pays the first $750. The average number of participants in the medical plan during this time period was estimated at 155 employees and 229 dependents. The renewal rate was based upon actual claims data for the period of March 2011 through February 2012. During this time period there were ten large claims totaling over $388,000. The average claims to premiums ratio (loss ratio) was approximately 68%, which is a slight decrease for the same time period last year of 71%. For the current fiscal year, the primary categories of utilization were professional services of doctors (25%), in-patient stays (18%), ambulatory facilities (18%), and out-patient office visits (12%). This is a change in utilization from FY 2011 where ambulatory facilities (20%) topped the list as the highest claim dollar cost for a benefit category followed by professional services of doctors (19%) and pharmaceutical payments (13%). Health Insurance The City advertised and instructed the City's benefit consultant, Holmes Murphy & Associates, LLC (Holmes Murphy) to seek competitive proposals using the City's current plan design from all National Tier 1 and Tier 2 companies. Tier levels are City of Colleyville Page 1 City Council Agenda Briefing defined by the highest percentage of inembership within the state (Attachment A). The bid opening took place on June 4, 2012. Proposals were received from the following carriers: Aetna, Blue Cross and Blue Shield, United Healthcare, Cigna, and Texas Municipal League (TML) Intergovernmental Employee Benefits Pool. The Employee Benefits/Wellness Committee (the ��Committee") (Attachment B) met with the City Manager and Assistant City Manager / Chief Financial Officer and Holmes Murphy to compare the health proposals received (Attachment C). In reviewing the proposals, the Committee and Holmes Murphy compared proposed benefit levels, physician networks, coinsurance, deductibles, pharmacy and office visit coverage, and proposed premiums. The primary goal when evaluating the options was to find a cost neutral health insurance plan that would continue to provide a benefit to employees with an ongoing wellness focus. The Committee first focused on the Aetna renewal, as keeping the current carrier would prevent disruption for employees. After multiple rate adjustment proposals (which initially began at a 13.3% increase), Aetna offered a 2% decrease in premium costs. However, the Blue Cross and Blue Shield option was viewed more favorably due to the 7.85% decrease in premium costs even though their plan design differs in two categories. First, emergency room physician services are not included in the emergency room facility co-pay, and may increase an employee's financial exposure, if services were received from an out-of-network emergency room physician. Second, there is not a discount on 90-day mail-order prescriptions. The Committee agreed these two differences were not significant enough to disregard the premium decrease, and emphasized education to the employees of these changes, should Blue Cross and Blue Shield be selected as the new carrier. The other carriers were not considered as favorable because of their respective rate increases. It was determined that the Blue Cross and Blue Shield plan was the best choice because of the significant rate decrease and overall competitive plan design, that encouraged both wellness and prudent use of benefits. In FY 2011, a change to the health benefits strategy was the linking of future insurance premium subsidies to the wellness program and employee and spouse health. In FY 2011, the City fully subsidized the cost for employee medical insurance and covered 75% of dependent medical premiums. For FY 2012 and FY 2013, the funding for employee and dependent medical insurance premiums is a program that includes three tiers of subsidy levels with a 7% differential between each tier. The chart below illustrates the current fiscal year subsidy levels at each tier: Subsidy Level Tier III Tier II Tier I Employee � 86% � 93% � 100% Dependent � 61% � 68% � 75% All employees begin at a Tier III subsidy level and can earn their way to Tiers I and II through one of the two following methods. To reach Tier I, the first method for employees and spouses would be to achieve in-range health scores in four out of five risk factor categories, including waist circumference, blood pressure, glucose, LDL City of Colleyville Page 2 City Council Agenda Briefing cholesterol, and HDL cholesterol; complete an online health risk assessment; complete a tobacco affidavit. Acceptable health score ranges are established by the medical staff at Cooper Clinic. The second method would be to participate in a specified level of wellness activities. The tiers are determined in the year prior to the receipt of the subsidy. For example, each employee's and spouse's tier was determined at the end of June 2011 to determine the FY 2012 subsidy levels, which are effective October 1, 2011. In FY 2011, 86 employees qualified for Tier I from their health screening scores, and 17 employees did not complete the screening and were automatically in Tier III. The remaining 61 employees worked their way through the tiers by participating in various wellness activities through June 30, 2011. The attached chart illustrates the results of the participants at each tier, which was effective for the 2012 fiscal year (Attachment D). In FY 2012, 80 employees qualified for Tier I from their health screening scores, and 38 employees did not complete the screening and were automatically in Tier III. The remaining 37 employees worked their way through the tiers by participating in various wellness activities through June 30, 2012. Currently, the final tier levels are being calculated and will be available in mid-July 2012 and will take effect for FY 2013. For FY 2014, the program will expand from three tiers to four tiers. Employees who decline to participate in the wellness program will be placed at a Tier IV subsidy level. Employees participating in the screening can earn their way to Tiers I, II and III through the same methods mentioned above. The addition of a fourth tier is to encourage employees and their spouses to engage in healthy habits. Tier IV subsidy amounts will be determined by the Committee prior to open enrollment in August 2012, but cannot be any less than 80% for the employee and 55% for the dependent due to current federal regulations which do not allow a subsidy differential greater than 20%. Implemented in FY 2009, the plan continues to fund the HRA, which is a deductible sharing account between the City and employees, where employees pay the first portion and the City reimburses the remainder. Should the employee need to meet the individual deductible of $2,000 (for example, through hospitalization), the employee would pay the first $750 and be reimbursed by the City for the remaining $1,250. Employees with family coverage would pay the first $1,500 of the $4,000 deductible, and be reimbursed by the City for the remaining $2,500. The City is responsible for the full cost of its portion of the shared deductible should employees incur deductible expenses. The City budgets 35% of the total cost of this risk exposure based on actual deductible reimbursement experience of the four prior fiscal years and Holmes Murphy's recommendation. For FY 2012, the City's expense for the HRA includes third party HRA plan administration costs of $8,765, and funding the HRA at 35%, or $112,875. With the decrease of 7.85%, the total annual premiums would be reduced from approximately $1,639,840.56 to $1,511,069.88, an overall savings of $128,770.68 (based on 160 plan participants). The wellness program that determines the FY 2013 City of Colleyville Page 3 City Council Agenda Briefing tier placement concluded at the end of June 2012, so once all tier information and number of participants is calculated, the breakdown of savings for the City and for the employees can be determined. Dental Insurance Aetna, the current dental provider, proposed an initial 8.5% rate increase. In response, Holmes Murphy was directed to seek competitive bids from the top dental carriers in the state (Attachment A). Proposals were received from the following carriers: Aetna, Blue Cross and Blue Shield, Cigna, United Healthcare, Ameritas, TML, Delta, and Guardian (Attachment E). Of the eight companies that responded, five offered a rate decrease. TML offered the greatest rate decrease, but the rate was only offered in conjunction with selection of the health plan. Blue Cross and Blue Shield offered the second lowest rate and had negligible differences in coverage compared to the current carrier, Aetna. Blue Cross and Blue Shield does not offer a��freedom of choice" option in which a participant can switch coverage between a Dental Maintenance Organization (DMO) and a Preferred Provider Organization (PPO) throughout the plan year. Instead, only a PPO is offered. This will affect 20 out of 159 current participants who are currently enrolled in the DMO. The second difference is the orthodontia lifetime maximum covers children up to the age 26 compared to age 19 under Aetna's current coverage. The Committee determined the Blue Cross and Blue Shield dental plan was the best choice because of the significant rate decrease and minimal overall plan design difference. With the decrease of 5.01%, the total annual premiums would be reduced from approximately $123,191.28 to $117,021.96, an overall savings of $6,169.32 (based on 159 plan participants). The City currently pays 91% of premiums for the employee's coverage and the employee is responsible for dependent coverage. The City's premium cost would be $54,874.08 compared to current year costs of $57,869.64, a savings of $2,995.56. Ancillary Insurance Aetna is the City's basic life, AD&D, and LTD insurance provider and initially offered rate passes on those lines of coverage for FY 2013. These lines of coverage were included in the bid, and bids were received from five carriers for basic life and AD&D (Attachment F), and only two carriers for LTD (Attachment G) due to the City's high percentage of fire and police sworn personnel. Colonial Life and Minnesota Life offered the greatest decrease in the combined rate for basic life and AD&D, but both carriers declined to bid on the LTD. Since only Aetna and Dearborn (a subsidiary of Blue Cross and Blue Shield) bid on all three lines of insurance, the Committee determined Dearborn to be the best overall option. Dearborn offers no premium increase to basic life, a premium increase of 5.00% (annual City increase of $208.28) for AD&D, and a premium decrease of 4.69% (annual City savings of $1,305.48) for LTD based on 164 City of Colleyville Page 4 City Council Agenda Briefing lives. This provides the City with an overall annual savings of $1,097.20. Block is the City's current carrier for the vision plan with two years left out of a three year rate guarantee. Seven carriers bid on the vision plan, all of which offered rate increases except for Davis (Guardian). However, Davis's rate was only offered in conjunction with selection of the dental plan. The Committee recommends remaining with Block for administrative ease, cost, and employee satisfaction (Attachment H). The vision insurance is a voluntary benefit paid by the employee, so there is no cost to the City. Summary Following extensive review and negotiations with responding carriers, staff recommends changing the health, dental, long term disability, basic life and AD&D insurance from Aetna to Blue Cross and Blue Shield due to significant overall rate decreases, summarized below, with minimal changes in plan design: -Health: � 7.85% rate decrease -Dental: � 5.01% rate decrease -Basic Life: � 0.00% rate change -AD&D: � 5.00% rate increase -LTD: � 4.69% rate decrease Additionally, these changes appear to be sufficient and competitive when compared to surrounding cities (Attachment I). Implementation would begin with open enrollment meetings in August 2012, and a coverage effective date of October 1, 2012. Staff will bring this item forward for City Council's final approval on the July 17, 2012 consent agenda. Attachments 1. Insurance Bid Responses 2. Benefits - Wellness Committee Members 3. Medical - Renewal and Proposals 4. Health Insurance Tier Subsidy FY 2012 5. Dental - Renewal and Proposals 6. Basic Life and AD&D - Renewal and Proposals 7. Long Term Disability - Renewal and Proposals 8. Vision - Renewal and Proposals 9. Surrounding Cities Health and Dental Benefits Survey City of Colleyville Page 5 Attachment A Insurance Bid Response Summary Response Carrier Received Coverage(s) Bid BCBSbc 6/4/2012 Medical, Dental Dearborn (BCBSbc) 6/4/2012 Life, ADD, LTD Medical, Dental, Vision (declined Cigna 6/4/2012 life, add, Itd) Aetna 6/4/2012 Medical, Dental, Life, ADD, LTD Medical, Dental, Vision (declined UHC 6/4/2012 life, add, Itd) Medical, Dental, Vision, Life, ADD TML 6/4/2012 (declined LTD) Dental & Vision (declined life,add, Guardian 6/4/2012 Itd) Ameritas 6/4/2012 Dental Delta Dental 6/4/2012 Dental Mutual N/A no submission The Standard 6/4/2012 Declined to Bid VSP 5/18/2012 Declined to Bid Block 6/4/2012 Vision Davis 6/4/2012 Vision Requested RFP EyeMed N/A no submission Advantica N/A no submission Minnesota Life N/A Life, ADD (declined LTD) Harrington Health N/A no submission Colonial Life 6/4/2012 Life, ADD (declined LTD) Innov. Medicare Sol. N/A no submission Benefits / Wellness Committee Members Attachment B Mike Almy, Parks Equipment Operator Raymon Cannon, Community Services Officer Mark Cantrell, Fire Battalion Chief Theresa Fox, Utility Billing Supervisor Renee Garrett, Senior Center Supervisor Marilyn Gilbert, Colleyville Center Office Assistant Erica Gill, Adult Service Librarian Damaso Jordan, Drainage Equipment Operator Sunny Lindsey, GIS Coordinator Eddie Moran, Fire Captain Jesse Perez, Human Resources Analyst Amy Shelley, Community Development Coordinator Chuck Tinsman, Police Officer Ken Tywater, Field Operations Manager Overall Payment Provisions Calentlar Vear Detluc�ible inaiviauai Family coinsurence pnioup Ou� of Pocke� Maximum Qntl/Family)' *OOP Mas �indutles tl�e tletluctible Life�ime Maximum Copaymenis Physician Offce Visi�s Specialist Offce Visits Urgent Care Emergency Room - Facili�y Emergency Room - Physician Inpatient Hospital Expenses Inpatient Hospital Expenses Pre-Atlmission Detluc�ible Prescription Drug Program Re�ail Prescrip�ions Detluc�ible Generic Preferretl Brentl Name Non Preferretl Brentl Name Mail Ortler Prescrip�ions Generic Preferretl Brentl Name Non Preferretl Brentl Name Rates Employee only: 62 Employee & Spouse: 15 Employee & Chiltl(ren): 28 Family: 55 Mon�hly Premium Annual Premium Ra�e Guaren�ee % Over Curren� Annual Difference Over Curren� HRA Reserves Employee only: 62 Employee & Spouse: 15 Employee & Chiltl(ren): 28 Family: 55 To�al: Medical - City of Colleyville Renewal/Proposals (effective 10/1/2012) Aetna Current In Network Out of Network $2,000 $4,000 $4,000 $8,000 90°/a 70°/a $1,000/$2,000 $4,000/$8,000 Aetna Renewal In Network Out of Nelwork $2,000 $4,000 $4,000 $8,000 90°/a 70% $1,000/$2,000 $4,000/$8,000 BCBS In Network OutofNetwork $2,000 $4,000 $4,000 $8,000 90°/a 70°/a $1,000/$2,000 $4,000/$8,000 UHC In NeMrork Out of NeMrork $2,000 $4,000 $4,000 $8,000 90% 60% $4,000/$8,000 $8,000/$16,000 Attach ment C TML InNetwork OutofNetwork $2,000 $2,250 $4,000 $4,500 90% 60°/a $1,000/$2,000 no max/no max Cigna In NeMrork Out of Nelwork $2,000 $4,500 $4,000 $9,000 90% 70% $1,000/$4,000 $4,000/$8,000 � � � � � � � � � �� � � � � � � � � �� �� �� �� �� �� �'-' �'-' � �'-' � �'-' 90%aflertletl 70%aflertletl 90%aflertletl 70%aflertletl 90%aflertletl 70%aflertletl 90%aflertletl 60%aflertletl+$500/occu 90%aflertletl 60%aflertletl 90%aflertletl 70%aflertletl None None None None None None None None None None None None $100 intlivitlual/$300 family $100 intlivitlual /$300 family $100 intlivitlual/ $300 family $0 Combinetl Re�ail antl Mail See Prescrip�ion Gritl $0 Combinetl Re�ail antl Mail 70% of Allowable $20 Copay Not Coveretl $20 Copay Not Coveretl $20 Copay less copay $20 Copay $20 Copay See Prescription Gritl See Prescription Gritl $20 Copay $20 copay 70% of Allowable $40 Copay Not Coveretl $40 Copay Not Coveretl $40 Copay less copay $35 Copay $35 Copay See Prescription Gritl See Prescription Gritl $40 Copay $40 copay 70% of Allowable $70 Copay Not Coveretl $70 Copay Not Coveretl $70 Copay less copay $70 Copay $70 Copay See Prescription Gritl See Prescription Gritl $70 Copay $70 copay $40 copay (up to 90 tlay) $40 copay (up to 90 tlay) $20 per 30 tlay up to 90 tlay $50 copay (up to 90 tlay supply)* See Prescription Gritl $40 copay (up to 90 supply) $80 copay (up to 90 tlay) $80 copay (up to 90 tlay) $40 per 30 tlay up to 90 day $87.50 copay (up to 90 tlay supplyl* See Prescription Gritl $80 copay (up to 90 tlay supply) $140 copay (up to 90 tlay) $140 copay (up to 90 tlay) $70 per 30 tlay up to 90 tlay $175 copay (up to 90 supply)* See Prescription Gritl $140 copay (up to 90 tlay supply) only ceMain tlrugs available via mail ortler $43726 $428.51 $402.94 $44222 $467.67 $567.40 $978.96 $959.38 $901.84 $990.57 $1,130.91 $1,270.40 $786.67 $770.94 724..92 $796.00 $870.47 $1,020.74 $1.32422 $1.297.74 $1.220.27 $1.339.93 $1.476.05 $1.718.07 $136,653.38 $133,920.34 $125,922.49 $13$260.34 $151,515.10 $177,309.37 $1,639,840.56 $1,607,044.08 $1,511,069.88 $1,659,124.08 $1,818,181.20 $2,127,712.44 1 Vea 1 Vear 1 Vea 1 Vear 1 Vea 1 Vea HRA Reserves $1,250 $438 $2,500 $875 $2,500 $875 $2,500 $875 $112,875 -2.00% -$32,796.48 HRA Reserves $1,250 $438 $2,500 $875 $2,500 $875 $2,500 $875 $112,875 -7.85% -$128,770.68 HRA Reserves $1,250 $438 $2,500 $875 $2,500 $875 $2,500 $875 $112,875 1.18% $19,283.52 HRA Reserves $1,250 $438 $2,500 $875 $2,500 $875 $2,500 $875 $112,875 10.88% $178,340.64 HRA Reserves $1,250 $438 $2,500 $875 $2,500 $875 $2,500 $875 $112,875 29.75% $487,871.88 HRA Reserves $1,250 $438 $2,500 $875 $2,500 $875 $2,500 $875 $112,875 =R Con�ribu�ion Levels (if all employees achievetl Tier I): EE 100Yo Dep 75Yo ncrease m empioyer -$21,342.36 -$83,810.97 $12,617.52 $122,442.96 $317,491.83 ncrease m empioyee -$11,454.12 -$44,959.71 $6,666.00 $55,897.68 I $17Q380.05 Tier Subsidy Levels - FY 2012 Tier Level # of Participants Employee Only - Tier 1 36 Employee Only - Tier 2 2 Employee Only - Tier 3 17 Employee - Tier 1/Spouse - Tier 1 Employee - Tier 1/Spouse - Tier 2 Employee - Tier 1/Spouse - Tier 3 Employee - Tier 2/Spouse - Tier 1 Emoloyee - Tier 2/Spouse - Tier 2 Employee - Tier 2/Spouse - Tier 3 Employee - Tier 3/Spouse - Tier 1 Employee - Tier 3/Spouse - Tier 2 Employee - Tier 3/Spouse - Tier 3 Employee - Tier 1/Child - Tier 1 Employee - Tier 2/Child - Tier 2 Employee - Tier 3/Child -Tier 3 Employee - Tier 1/Family - Tier 1 Employee - Tier 1/Family - Tier 2 Employee - Tier 1/Family - Tier 3 Employee - Tier 2/Family - Tier 1 Employee - Tier 2/Family - Tier 2 Employee - Tier 2/Family - Tier 3 Employee - Tier 3/Family - Tier 1 Employee - Tier 3/Family - Tier 2 Employee - Tier 3/Family - Tier 3 Total 15 1 1 1 0 0 1 0 0 20 0 7 33 0 4 2 0 0 1 0 14 155 Attachment D �i6�i1P�'itii Dental - City of Colleyville Renewal/Proposals (effective 10/1 /2012) PrimaryBenents Aetna-Current Aetna-Renewal BCBS Cigna UHC Ameritas TML Delta Guardian Non Orthodon[ia Deduc[ible In NMwork Out of Nelwork In Nelwork Out of Nelwork In Network Out of Nelwork In Nelwork Out of NMwork In Network Out of Nelwork In NMwork Out of Nelwork In Nelwork Out of Nelwork In Nelwork Out of Nelwork In Nelwork Out of Nelwork Individual $50 Type I I& II I $50 Type I I& II I $50 Type II & I II $50 Type II & III $50 Type II & I II $50 Type I I& II I $50 Type II & III $50 Type II & I II $50 Type II & I II Period CalendarYear CalendarYear CalendarYear CalendarYear CalendarYear CalendarYear CalendarYear CalendarYear CalendarYear Family Limit 3 Per Family 3 Per Family 3 Per Family 3 Per Family 3 Per Family 3 Per Family 3 Per Family 3 Per Family 3 Per Family Waived For Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Preventive Coinsurance Majorn[ive 18�0% �80% 80% 80� o8�/person , 80/e[ime 80/erson , 80/e[ime o8or/person , 80/e[ime 80/ erson , 80/e[ime 80% 50% 50% 50% 100�PersonFeeSChedulee Orthodon0a orpe�son ie[ime orpe�son ie[ime orp orp OP[hodF[iaLife[Bime�MaximumFeeSCFeedo�mP[f�C9oice&C FeeSCFredo�mP[f�C9oiceC FeeSChedulup[oa9eU&C FeeSChedulcN009�0vU&C FeeSChAd�u�up[[oPa9eU&C FeeSChedule1NC0090%U&C FeeSCheduleP[oa9QU&C FeeSFhetlbleuP[a�I9hoiceC FeeSCheDUauP[a9QU&C Ra[es Employee0nly:]2 332] Employee & S}�ouse: 21 . Employee & Ch�ild(ren)�. 18 Fam�ily:48 10949 Mon[hlyPremium 10,26594 Annual Premium 12319128 Ra[e Guaran[ee % OverCUrren[ Annual Difference vs CLrren[ SLnd Alone or Con[ingen[ 35.10 31.60 3124 34.]6 115 51 104 01 108.89 115 OS 10,830.5] 9,]51.83 9,992.]9 0,833.96 129, 956.84 11 ], 021. 95 19, 913.48 130, 00 ]. 52 SYandAlone SLndAlone SYandAlone SLndAlone Rate pass if change [o dual op[ion � �� �� �� �� �� �i�{`� ��`� ��i� ��� Basic Term Life - City of Colleyville Renewal/Proposals (effective 10/1/2012) AttachmentF Primary Benefits Aetna (Current) Aetna (Renewal) Dearborn (BCBS) Minnesota Life Colonial Life TML Life Benefit Amount FuIlTime Employees $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 AD&D FuIlTime Employees $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 Rates Basic Life, per $1,000 AD&D, per$1,000 Total Volume Monthly Premium Annual Premium Rate Guarantee Eligible Lives % Over Current Annual Difference vs Current $0.120 $0.120 $0.12 $0.090 $0.068 $0.270 $0.02 $0.02 $0.027 $0.020 $0.034 $0.035 $2,479,500 $2,479,500 $2,479,500 $2,479,500 $2,479,500 $2,479,500 $347.13 $347.13 $364.49 $272.75 $252.91 $756.25 $4,165. 56 $4,165. 56 $4, 373. 84 $3, 272. 94 $3, 034. 91 $9, 074. 97 1 Year 1 Year 1 Year 1 Year 2 Year 2 Year 164 164 164 164 164 164 0.00% 5.00% -21.43% -27.14% 117.86% $0.00 $208.28 -$892. 62 -$1,130. 65 $4, 909.41 Long Term Disability - City of Colleyville Renewal/Proposals (effective 10/1 /2012) Attachment G Primary Benefits Benefit Percentage Benefit Maximum Duration of Benefits Elimination Period Contract Definition Definition of Disability Return to Work Integration Method Pre-Existing Condition Contributory Status Minimum Participation Aetna (Current) 60% $5, 000 SSNRA 90 Days "And" Contract 2 year Own Occupation, Any Occupation thereafter Zero day residual Direct Offset 3 Months Prior, 12 Months after exclusion Non-contributory 100% Aetna (Renewal) 60% $5,000 SSNRA 90 Days "And" Contract 2 year Own Occupation, Any Occupation thereafter Zero day residual Direct Offset 3 Months Prior, 12 Months after exclusion Non-contributory 100% Dearborn (BCBS) 60% $5,000 SSNRA 90 Days "And" Contract (99%) 2 year Own Occupation, Any Occupation thereafter Zero day residual Direct Offset 3 Months Prior, 12 Months after exclusion Non-contributory 100% Rates Per $100 of monthly covered payroll $0.32 $0.32 $0.305 Monthly covered payroll $725,267.00 $725,267.00 $725,267.00 Monthly Premium $2,320.85 $2,320.85 $2,212.06 Annual Premium $27,850.25 $27,850.25 $26,544.77 Rate Guarantee 1 Year 1 Year 2 Years Eligible Lives 164 164 164 % Over Current 0.00% -4.69% Annual Difference vs Current $0.00 -$1,305.48 UHC Declined to quote cigna Declined to quote Primary Benefits Copays 6cam Mater als Child Age Limit Nelwork Benefit Details Eye Exams Frequency Beneft Len Frequency Beneft Single Vision Bifocal Trifocal Lenticular Contact Lenses Frequency Beneft Medically Necessary Elective Fram Frequency Beneft Vision - City of Colleyville Renewal/Proposals (effective 10/1/2012) Attachment H Offered as dual option, but no nrollment requirements Block VSP (Guardian) Davis (Guardian) TML Cigna Davis UHC 10 10 10 85 ma�c benefit 10 10 10 25 25 25 25 25 25 25 (26 Full-Time Student) Age 26 Age 26 Age 26 Age 26 Age 26 Age 26 VSP VSP Davis Davis UHC In Ne[work Ou[ of Ne[work In Nelwork Ou[ of Nelwork In Nelwork Ou[ of Nelwork In Nelwork Ou[ of Nelwork In Ne[work Ou[ of Ne[work In Nelwork Ou[ of Nelwork In Nelwork Ou[ of Nelwork 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months $10 Copay $46 max aRer Copay $10 Copay $46 max aRer Copay $10 Copay $50 max aRer Copay $85 ma�c benefit $10 Copay $45 allowance $10 Copay $40 allowance $10 Copay $40 allowance 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months Paid in Full 25 max aRer Copay 25 Copay 47 max aRer Copay 25 Copay 48 max aRer Copay 70 ma�c benefit 25 Copay 32 allowance 25 Copay 0 allowance 25 Copay 0 allowance Paid in Full 0 max aRer Copay 25 Copay 66 max aRer Copay 25 Copay 67 max aRer Copay 85 ma�c benefit 25 Copay 55 allowance 25 Copay 60 allowance 25 Copay 60 allowance Paid in Full 5 max aRer Copay 25 Copay 85 max aRer Copay 25 Copay 86 max aRer Copay 100 max beneft 25 Copay 65 allowance 25 Copay 80 allowance 25 Copay 80 allowance Paid in Full $80 max anerCOpay 25 Copay $125 max anerCOpay 25 Copay $126 max anerCOpay 190 max beneft 25 Copay $80 allowance 25 Copay $100 allowance opay $100 allowance 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months Paid in Full 150 max aRer copay 25 Copay 210 max aRer copay 25 Copay 210 max aRer copay 175 max beneft 25 copay 120 allowance 25 copay 105 allowance 25 copay 105 allowance 150 Max aRer copay 80 max aRer copay 120 Max (no copay) 120 max (no copay) 120 Max (no copay) 105 max (no copay) 175 max beneft 150 allowance 210 allowance 150 allowance 225 allowance 150 allowance 225 allowance 24 Months 24 Months Once every other calendar year 12 Months 24 months 24 months 24 months Upto$175 Upto$175 frame in Davis 6ame in Davis Up to $125 Retail $120 Retail + 20h of $120 retail aRer $25 $48 max aRer $25 $130 retail is No copay up to is No copay up to Value Up to $70 Retail Value balance aRer Copay $4� max aRer copay copay copay allowance $�� allowance ion collection $�30 allowance ion collection $�30 allowance at no additional at no additional $85 ma�c benefit cost cost EE 24 .60 9.75 4.60 12.50 621 4.80 7.06 EE/SP 17 8.35 17.68 8.35 25.00 12.41 8.65 13.00 EE/child 7 8.80 18.66 8.80 25.00 12.53 9.13 13.62 Family 20 13.40 28.39 13.40 25.00 19.75 14.41 20.40 Monthly Premium 581.95 1,23298 581.95 1,400.00 842.72 614.36 893.78 Mnual Premium §983.40 fq795.76 §983.40 16,800.00 f0,112.64 7,372.32 f0,72536 Rate Guarantee 2 Years leR of 3 year guarantee 1 Year 1 Year 1 Yea 1 Year 4 Year 1 Year h Over Current 0.00% 111.87% 0.00% 140.57% 4Q81% 5.57% 53.58% Mnual Difference vs Current 0.00 ,81236 0.00 9,816.60 3,129.24 388.92 ��3,741.96 Stand Alone Contingent on dental Contingent on Dental Contingent on Medical Stand Alone Stand Alone Stand FUone Ben�tz Survry A��achmen� I May 2012 HEHLTH Colleyville Hverage Bedford1 Bedford2 Eulezz Grapevine1 Grapevine2 Grapevine3 Grapevine0 Hurz[1 Hurz[2 Hurs[3 Keller1 Keller2 NRH1 NRH2 Sou[M1lake1 Sou[M1lake2 Sou[M1lake3 WetTPA-Cla�ims/ NameofPmvitler Aetria Cigna Cigna Aetria-Network Selflnsuretl Selflnsuretl Selflnsuretl Selflnsuretl Cigna Cigna Cigna UHC UHC Qgna Cigna Aetna Aetria Aetna ypeo uy- p I vua I vua PM1ysoanOfficeCo-Pay $25copay $28 n/a n/a $25,>$13020% $30copay $30copay $20 $30 n/a $30 $30 �(steraer� SpeoalistOfficeCo-Pay $30copay $41 n/a n/a $25,>$13020% $50copay $50copay $40 $45 n/a $40 $40 o�(steraer� eage - iivua ea9e cnp ionz � r i vua r�e�i-�e�en� azo ae oea�amieaoi oea�amieaoi as aa aa aa ais ais aio aio aio aio aio aio r�e�z-FO�waryea�aName aao aaz oea�amieaoi oea�amieaoi aao >oraiso�zoi >oraiso�zoi >oraiso�zoi aao aao azs azs aao aao aao azs r�e�a-NO�-FO�waryea�aName a�o ase oea�amiesoi oea�amiesoi ° ° >oraaoo�aoi >oraaoo�aoi >oraaoo�aoi a�o a�o aso aso aao aao aao aas avme�� CiryPaitl-EmployeePremiums 88% 80% 100% 88% 25% 100% 100% 88% 84% 81% 100% ]848% 8]28% 100% 85% 100% CiryPaitl-Oepentlen[Premiums 81% 85% ]5% 88% 25% 83% ]]% t y r iry a EmployeeOnly $3]804 $40] $3308] 44]4 $51453 $11082 $28888 $53831 $4]8.1] $82430 $82430 $3]208 $38348 $48000 $48000 $48000 EmployeeplusCM1iltlren $588.18 $883 $55180 1]8] $881.1] $]8401 $48804 $55/42 $1,18838 $8158] $822]0 $842.11 $822.33 $]2500 $]2500 $]2500 EmployeeplusSpouse $]0848 $855 $53388 231.88 $1,051]i $51043 $1,38885 $1,08300 $2,38843 $81503 $80408 $1,10184 $1,08]82 $]2500 $]2500 $]2500 EmployeeplusFamily $81]OB $1,024 $]8858 41]]8 $1,30]51 $13088 $85024 $1,82884 $1,8888] $88048 $88580 $1,48231 $1,4]808 $83500 $83500 $83500 [ y r mpoyee a EmployeeOnly $8122 $32 $000 $000 $158]8 $000 $000 $2100 $28.00 $8548 $000 $10200 $5800 $000 $2300 $000 EmployeeplusCM1iltlren $18]48 $1]] $8888 $88.88 $301]3 $3300 $8].00 $10000 $13300 $20882 $12888 $28800 $182.00 $28800 $35200 $21800 EmployeeplusSpouse $2]248 $188 $14058 $14058 $3585/ $3]00 $]4.00 $11100 $14800 $284]8 $182]4 $3]300 $222.00 $1]800 $22800 $11800 EmployeeplusFamily $40].13 $340 $2]2]8 $2]2]8 $44383 $8000 $12000 $18000 $24000 $34188 $24280 $40400 $252.00 $88500 $]4400 $51800 DENTHL Colleyville Hverage BefoM Eulezz Grapevine Hurz[1 Hurz[2 Keller1 Keller2 NRH Sou[M1lake1 Sou[M1lake2 WetTPA-Cla�ims/ NameofPmvitler Aetria Cigna Aetria-Network Qgna Cigna Cigna Metlife Qgna UHC UHC ypeo aymen[ itym mp oyee r CiryPaitl-Oepentlen[Premiums 0% 22% 58% 25% 0% 0% 88% 0% 0% V EmployeeOnly $3033 $2] $2838 $2381 Notavailable $305] $3230 $3]80 $1334 EmployeeplusCM1iltlren $3033 $38 $333] $5430 $5028 $3]80 $1334 EmployeeplusSpouse $3033 $38 $333] $4488 $5838 $3]80 $1334 EmployeeplusFamily $3033 $52 $5188 $8848 $5/]8 $8231 $3]80 $1334 [ y mpoyee a mp oyee rem�um mp oyee p us mp oyee p us pouse mpoyeepus amiy 'IVletlical tletludible only LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-3 Type Pre Council Department Citv Manager City of Colleyville City Council Agenda Briefing Title Discussion of the Strategic Plan Agenda Date 07/03/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation This item provides an opportunity to review and evaluate the five strategic points and the associated objectives that City Council discussed at the May 31, 2012 budget worksession. After almost three years of progress toward the plan, staff recommended modifications, to the specific objectives, that are currently tied to each of the strategic points. In an effort to keep the objectives outcome based and less tactical in nature, staff suggested several additional objectives and recommended slight changes in wording on others. In addition, staff recommended deletion of a few objectives that have either been accomplished or have been determined to be a lower priority than warrants inclusion in the Strategic Plan document. After discussion at the budget worksession, the first two strategic points, "Make a long-term commitment to economic development" and "Foster a more diversified tax base", have been combined into one strategic point and a new strategic point, "Foster excellence in core service delivery", has been added. In addition, City Council comments and proposed wording changes discussed at the budget worksession have been incorporated. These changes are highlighted in red on the modified Strategic Plan attached to this briefing. The goal is to ensure the Strategic Plan clearly establishes the vision and priorities of the community. The Strategic Plan is the guiding vision for the community priority based budget that is currently being developed for Fiscal Year 2013. As such, staff seeks confirmation from City Council that the attached Strategic Plan clearly communicates the priorities of the City Council and the citizens of Colleyville. Attachments 1. Strategic Plan City of Colleyville Page 1 �/IS1011 4 1'i 1" p E' �� C+J�L�XV��.LE j•�.�:�� Co/%yvi//e is a mode/ city with attention to being an efficient and attractive neighborhood- oriented community sensitive to our history, resources and residents. M ISSIOi1 The mission of the City of Colleyville is to provide unique customer service through our tradition of excellent stewardship, employee innovation and integrity. �trategic Points Make a/ong-term commitment to economic deve/opment and promote a more diversified tax base • Protect and preserve commercial development along Colleyville Blvd. in order to maximize the highest and best use of the City's primary commercial corridor. • Mitigate the economic impact of roadway reconstruction. • Work with property owners and representatives to master plan the remaining large, undeveloped tracts of commercial property. • Promote a destination / visitor's economy. • Pursue opportunities to advance small business development and create business incubators in order to nurture the commercial tax base. • Market Colleyville as a medical specialist, procedure and laboratory center. • Encourage commercial development along Precinct Line Road. • Promote the retention and support of local businesses. Foster exce//ence in core service de/ivery • Ensure adequate resources for the community's public safety priorities. • Provide adequate reinvestment to ensure high quality infrastructure. • Provide premier parks, open spaces and neighborhood connectivity. • Promote life-long learning and community engagement through the Colleyville Public Library. • Maintain a reputation for high quality and unique customer service. �/���I�S Integrity Service Innovation Protect and preserve Co//eyvi//e's neighborhoods • Preserve Colleyville's unique, rural neighborhoods and high property values. • Mitigate the impact of aging infrastructure. • Utilize partnerships to enhance safety and security and community amenities. • Continue mobility enhancements that complement neighborhoods. De/iver sustainab/e government • Weigh and evaluate citizen expectations in relation to City build out and available revenues. • Seek innovative technology solutions where appropriate. • Identify alternatives to increasing costs of service delivery. • Deliver fiscally responsible government. • Attract and retain high quality employees. Brand Co//eyvi//e with a unique identity • Celebrate and promote Colleyville's willingness to be unique / set apart from other cities. • Capitalize on Colleyville's small town feel in the middle of the metroplex. • Continue to provide a unique public assembly facility that stimulates economic activity and promotes community interaction. • Celebrate Colleyville's unique destinations. 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 07/03/2012 Title Discussion of the July 3, 2012, City Council regular agenda items City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com 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 07/03/2012 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 - Litigation - City of Colleyville v. Mitchell Section 551.071 - Legal - Advice from City Attorney regarding land use regulations and zoning Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand Attachments City of Colleyville Page 1 RESOLUTION R-12-3509 A RESOLUTION APPROVING CITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 3, 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 3RD DAY OF JULY 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing Agenda Number 3 Agenda Date 07/03/2012 Type Announcements, Proclamations and Presentations Department Citv Secretary City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Proclamation in recognition of National Parks and Recreation Month - Mary Rodne, Library and Parks and Recreation Director Attachments 1. Proclamation in recognition of National Parks and Recreation Month City of Colleyville Page 1 / CITY OF Colleyville, Texas WHEREAS: parks and recreation programs are an integral part of communities throughoutihis country, including the City of Colleyville; and WHEREAS, our parks and reereation programs are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS, parks and recreation programs buifd healthy, active communiEies that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentaGly or physi�cally disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the loeal tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreafion areas are fundamental to the ertvironmental well-being of our community; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent fkooding, improve tfie quality of the air we breathe, provide vegetative buffers to development and produce habitat for wildlife; and WHEREAS, our parks and natural recreation a�eas ensure the ecological beauty of our community and provide a place for children and aduits to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month and the City of Colleyville also recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyvilfe City Council, do hereby proclaim the entire month of July as PARKS AND R�CREATION MONTH and encourage all citizens to celebrate by participating in one of the r�any leisure pursuits available in our City and recognize the vital contributions of employees and volunteers in parks and recreation facilities. IN WITNESS WV1iEREOF, I do hereby set my hand and sea�e City of Coll ille affixed this 3�a day of July 2012. % � i � l�-i � . '��`"" -� �� ` Ma or 1 ��,. �;� Y � _''�`-"�`�;� c�rv �r a� � �, :: � � � Y� �- � �;���a�,�sa� - ,, � � �� �� �.�} �: _. Te>rs RESOLUTION R-12-3510 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 3, 2012 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of June19,2012 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 3RD DAY OF JULY 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor `� L Y O /' � COLLEY�LLE rFx;.� City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 19, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on June 19, 2012, at 5:34 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 Hillary Wreay, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Human Resources Manager Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. PC-1 Discussion of landscaping and hardscaping at roundabouts throughout the City of Colleyville City Engineer Jeremy Hutt presented the current and future center island landscaping and hardscaping plans for the City's roundabouts and stated the Colleyville Garden Club offered a donation of wind sculptures for the Glade Road and Pool Road roundabout and possibly for the future roundabouts at Pleasant Run Road and John McCain Road and at Cheek-Sparger Road and Jackson Road. Mr. Hutt requested City Council provide a vision for the center island landscaping plan. Discussion ensued regarding the hardscape and landscape cost and size of the roundabouts, the desire for a consistent roundabout landscaping plan, and suitability of wind sculptures for the center island landscaping. City Council determined a common strategy for the roundabouts should be established and requested staff present proposals for roundabout center designs. PC-2 Discussion of the five-year update and amendments to the Land Use Assumptions and the Capital Improvements Plan related to Impact Fees Community Development Director Ron Ruthven stated this is an update on the five- year impact fee process, results and approval schedule. Mr. Ruthven introduced Mr. Jeff Whitaker and John Atkins of Kimley-Horn and Associates, Inc., who will perform a five-year update of the City's water, wastewater, and roadway impact fees. City of Colleyville Page 1 L J City Council Minutes - Draft June 19, 2012 Mr. Whitaker stated the Texas Local Government Code requires municipalities, which collect impact fees, to update the water, sewer, and roadway impact fee analysis and recalculate the applicable fee schedule every five years. Mr. Whitaker provided an overview of impact fees, components and purpose of an update, and the current and proposed impact fees and answered questions of the City Council. Discussion ensued regarding impact fees in surrounding cities and the impact fee structure. Community Development Director Ruthven presented information regarding impact fees for a more intense use of the property. Staff will present proposed fees and the effect of the increased fees at a future Pre Council meeting. PC-3 Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) The City Council determined that Mayor Kelly will continue to serve as the voting representative to the North Central Texas Council of Governments (NCTCOG). PC-4 Presentation of the Monthly Financial Report - May 2012 Finance Manager Karen Hines answered questions of the City Council regarding the Oncor franchise, building permit, and recreation fees. PC-5 Discussion of the June 19, 2012, City Council regular agenda items Mayor Kelly stated Consent agenda items 4d and 4e provide for appointment of a voting member to the Trinity River Authority's (TRA) Advisory Committee and staff recommends Assistant City Manager and Chief Financial Officer Terry Leake as the City's representative and Public Works Director Bob Lowry as the alternate. Mayor Kelly stated a staff review will be provided for Consent agenda item 4f. Mayor Kelly stated agenda item 5b is a request to amend the Land Development Code. It is not to affirm the Special Use Permit request. Mayor Kelly adjourned the Pre Council meeting at 6:46 p.m. City of Colleyville Page 2 t City Council Minutes - Draft June 19, 2012 The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 6:46 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 Hillary Wreay, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Human Resources Manager Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Litigation - City of Colleyville v. Mitchell 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 explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:46 p.m. and reconvened at 7:32 p.m. INVOCATION: Pastor David Jung, Crown of Life PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham City of Colleyville Page 3 t City Council Minutes - Draft June 19, 2012 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 12-3505 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 Mayor Kelly congratulated City Manager Jennifer Fadden for being recognized by the North Central Texas Council of Governments with the Linda Keithley award. The Linda Keithley award was established in 1986, and recognizes women who display integrity, dignity, poise, loyalty, commitment, and dedication while serving as a professional in the public sector. Mayor Kelly invited the public to enjoy a free patriotic concert by the Vocal Majority Chorus during the Red, White, and Sousa event June 29, 2012, at 8:00 p.m., in front of City Hall. The choral group has garnered 11 international gold medals and will perform a diverse musical repertoire featuring fan favorites from broadway productions and Hollywood movies. Concert goers can enjoy dinner at the gourmet food park, featuring six food trucks offering a variety of cuisines. Councilmember Wollin expressed appreciation to Library Director Mary Rodne and staff for organizing the Red, White, and Sousa event. Ms. Dee Dee Ogrin, Baylor Regional Medical Center at Grapevine, announced the City of Colleyville won second place in the Baylor Regional Medical Center at Grapevine Lifestyle Improvement Challenge and presented the award and a check, in the amount of $15,000 to Library Director Mary Rodne and Amy Redfearn, Colleyville Events Steering Committee member. Ms. Ogrin spoke regarding the purpose of the contest, activities, and results. Mayor Kelly expressed appreciation to Ms. Ogrin and Baylor Regional Medical Center at Grapevine for developing the challenge in support of healthy lifestyles and Ms. Rodne and Ms. Redfearn for organizing the events. Ms. Redfearn spoke regarding the success of the Lifestyle Improvement Challenge and a continued commitment to healthy lifestyles, and expressed appreciation to Baylor Medical Center and the City Council. Ms. Rodne spoke regarding the City's participation in the challenge and commended Ms. Redfearn for her dedication and hard work on behalf of the City. City of Colleyville Page 4 � City Council Minutes - Draft June 19, 2012 Mayor Kelly recognized the featured Colleyville business 2Serve Solutions and expressed appreciation to Michael Hinkle-Morrison, President, for selecting Colleyville as a place to live and open a business. Mr. Hinkle-Morrison spoke of his residential and commercial remodeling and repair business and of his fondness for the Colleyville community. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3506 4a Approval of the minutes of the regular City Council meeting of June 5, 2012 4b Approval of the minutes of the City Council Worksession meeting of May 31, 2012 4c Approval of setting the dates of August 7 and August 21, 2012 for public hearings to consider approval of Land Use Assumptions, Roadway, Water and Wastewater Capital Improvement Plans, and Impact Fees in accordance with Chapter 395 of the Texas Local Government Code 4d Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 4e Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project customer city meetings 4f Approval of a construction contract with M. E. Burns Construction, Inc., for the 2012 Water Line Renewal project, in an amount not to exceed $191,504.50, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-12-3506 in its entirety. City Engineer Jeremy Hutt provided information regarding Consent agenda item 4f and stated during the Street Rehabilitation Project, two separate water lines, one along Pembrooke Parkway and another along Maplewood Trail were identified for renewal. Mr. Hutt stated staff recommends M.E. Burns Construction, Inc. who submitted the lowest bid for the street renewals and has successfully completed several projects in the metroplex. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 5 � City Council Minutes - Draft June 19, 2012 Mayor Kelly moved to approve Resolution R-12-3506. 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1837 Establishing the Juvenile Case Manager fee as authorized by the Texas Code of Criminal Procedure Article 102.0174 Mayor Kelly read the caption of Ordinance 0-12-1837. Assistant City Manager and Chief Financial Officer Terry Leake stated the cities of Keller and Colleyville signed an interlocal agreement to combine municipal court operations. Ms. Leake further stated, in accordance with Texas law, the City of Keller charges a$5.00 Juvenile Case Manager fee on all citations to fund the position of Juvenile Case Manager, whose primary role is handling juvenile defendants. It is proposed Colleyville impose this fee, along with the City of Keller, to fund the Senior Court Clerk position, which would handle the juvenile cases. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the coordination of efforts by a Senior Court Clerk and the Metroport Teen Court Coordinator related to juvenile offenders and the current process for handling juvenile defendants. Assistant City Manager Leake stated there were 300 juvenile cases filed in Colleyville Municipal Court and 121 of the defendants lived in Colleyville. Mayor Kelly moved to approve Ordinance 0-12-1837. Councilmember Hall seconded the motion. The motion carried with the following vote: City of Colleyville Page 6 t City Council Minutes - Draft June 19, 2012 Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, Jody Short, and Mike Taylor Nay: Councilmember Michael Muhm 5b Ordinance 0-12-1838 Approval of a request for an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case GC12-004 Mayor Kelly read the caption of Ordinance 0-12-1838. Community Development Director Ron Ruthven stated a benchmark of the zoning regulations, for businesses with a principal use of purchasing precious metals and gemstones for the seven cities that surround Colleyville is included in the briefing. Mayor Kelly opened the public hearing. Mr. Michael Hershman, 5430 LBJ Freeway, Suite 1575, Dallas, Texas, representing the applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Director Ruthven stated this item provides for an amendment of permitted uses only, and if this item is approved as proposed, the applicant would be required to apply for a Special Use Permit. Discussion ensued regarding potential sales tax revenue, security policy and procedures, and services offered by GOLDMAX. Councilmember Muhm moved to approve Ordinance 0-12-1838. Councilmember Hart seconded the motion. The motion carried with the following vote: Aye: Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Nay: Mayor David Kelly and Councilmember Carol Wollin 5c Ordinance 0-12-1839 City of Colleyville Page 7 t City Council Minutes - Draft June 19, 2012 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 2, Block 1, of the Meadows Creek Plaza Addition located at 8100 Precinct Line Road, Case ZC12-014 Mayor Kelly read the caption of Ordinance 0-12-1839. Community Development Director Ron Ruthven stated the three front building elevations have been added to the briefing. Mayor Kelly opened the public hearing. Mr. Charles Hodges, 5426 Lobello, Dallas, Texas, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the building elevations. Mayor Kelly moved to approve Ordinance 0-12-1839. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1840 Approval of the proposed amendments to the regulations and permit fees administered by Tarrant County for food establishments, and swimming pools, spas, and interactive water features Mayor Kelly read the caption of Ordinance 0-12-1840. Community Development Director Ron Ruthven stated Tarrant County has provided permitting and inspection services for food establishments, and public swimming pools, spas, and interactive water features, in Colleyville, for over 20 years and the fees have remained unchanged. Tarrant County adopted a new fee schedule that reflects the cost of performing inspections and requested that cities utilizing Tarrant City of Colleyville Page 8 � City Council Minutes - Draft June 19, 2012 County Public Health Services adopt the new fee schedule. Mr. Ruthven stated Mr. David Jefferson, Environmental Health Manager with Tarrant County Public Health is present to answer questions. Mr. David Jefferson provided clarification regarding food stores and food establishments. 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 0-12-1841 Approval of the Fiscal Year 2013 (FY 2013) Colleyville Crime Control Prevention District (CCCPD) budget Mayor Kelly read the caption of Ordinance 0-12-1841. Police Chief Mike Holder reviewed the proposed Fiscal Year 2013 Colleyville Crime Control and Prevention District budget, stated the Colleyville Crime Control and Prevention District Board approved the proposed budget, 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. Police Chief Holder provided information regarding the use and safety of the conducted energy devices. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3507 Adoption of ethical and training standards for juvenile case managers employed by the City of Colleyville as required by Texas Code of Criminal Procedure Article 45.056 Mayor Kelly read Resolution R-12-3507 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. City of Colleyville Page 9 � City Council Minutes - Draft June 19, 2012 Councilmember Hall moved to approve Resolution R-12-3507. 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS Joint Parks and Recreation Advisory Board and Colleyville Trails and Sidewalks Committee Minutes - October 3, 2011 Colleyville Center Advisory Committee Minutes - February 20, 2012 Zoning Board of Adjustment Minutes - May 8, 2012 Sign Board of Appeals Minutes - May 8, 2012 Planning and Zoning Commission Minutes - May 29, 2012 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 19, 2012 - Reading and Public Hearing - Resolution R-12-3508 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and 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 City of Colleyville Page 10 � City Council Minutes - Draft June 19, 2012 Mayor Kelly adjourned the City Council meeting at 8:34 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary _ AYES, DAY OF 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 5a Agenda Date 07/03/2012 Number Ordinance O-1z-1840 Type Ordinance Department Community Development Title Approval of the proposed amendments to the regulations and permit fees administered by Tarrant County for food establishments, and swimming pools, spas, and interactive water features Explanation Second Reading and Pub/ic Hearing There were no speakers at the June 19, 2012 City Council meeting. First Reading and Pub/ic Hearing At the Pre Council meeting held on May 15, 2012, David Jefferson, Environmental Health Manager with Tarrant County Public Health, provided an overview of the current agreement with Tarrant County, related to the regulations and permit fees administered by Tarrant County for food establishments, the proposed new agreement, and the corresponding fee changes. Based on City Council discussion during that meeting, staff proposes amendments to the Colleyville Code of Ordinances that specifically address regulations for food establishments and public swimming pools, spas, and interactive water features. These regulations are located in Chapter 54 of the Code of Ordinances. Tarrant County has provided permitting and inspection services for food establishments and public swimming pools in Colleyville for over 20 years. During that time, the fees charged have remained the same. Tarrant County adopted a new fee schedule that more closely represents the costs of performing inspections and formally requested that all cities that utilize Tarrant County Public Health services, including Colleyville, adopt the new fee schedule. The new food establishment fee schedule uses building square footage as a basis for the charges. In some cases, an establishment's fees will decrease but the majority will either remain the same or increase. The previous fee schedule was a flat rate that did not reflect the disparity between establishments. The size of an establishment more closely represents the time involved, is verifiable, and does not vary without significant building modifications. In situations where there is shared space, such as a mall food court, a special rate is established. Also included in the proposed ordinance is a provision for food trucks. In terms of county health permits, the current permit required in Colleyville is an annual food preparation fee of $150. Under the proposed City of Colleyville Page 1 City Council Agenda Briefing 5a new fee structure, the fee would increase to $200. Similarly, new fees have been established related to swimming pools, spas, and water features that are reflective of the time and resources required to ensure compliance with current regulations. A second, and related facilities. The State of utilizes the state rules, to avoid confusion. request, involves updating the rules used in regulating these Texas recently updated the rules and, while Tarrant County Tarrant County recommends that cities adopt the rules in order On August 20, 1996, the City executed the attached current contract with Tarrant County utilizing Tarrant County for all City food establishment and public swimming pool inspections, under consent Resolution R-96-1230, and the agreement has remained unchanged. Also attached are the current regulations for food establishments and public swimming pools, as codified in the Colleyville Code of Ord inances. Staff proposes adopting the model ordinances and fees provided by Tarrant County in their entirety. As such, the attached proposed ordinance repeals the current regulations and adopts the model ordinance language and new fee schedule. The fee schedule is encapsulated within the new regulations. Given the proposed amendments, there is no need to amend the current agreement between the City and Tarrant County. Financial Impact Tarrant County does not charge the City to perform the services described above and recovers their costs through the collection of permit fees, which are paid directly to Tarrant County. As such, there is no financial impact associated with this request. Recommendation Approve Attachments 1. Tarrant County Food and Pool Safety Presentation 2. Current Versus Proposed Fee Table 3. Model Food Establishment Ordinance 4. Model Swimming Pool Ordinance 5. Current Colleyville/Tarrant County Contract 6. Current Colleyville Food Establishment Regulations - Division I 7. Current Colleyville Food Establishment Regulations - Division II 8. Current Colleyville Public Pool Regulations 9. Ordinance 0-12-1840 City of Colleyville Page 2 T^° . �_ �_ .. �� �'� a-a . _ _ �`�, _r °� � � . rti, � . 3 � �� .�-.'� . 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Yti� � , ! � . y .. i, �r� _ .�-�-.°"� ���'�... �. °+�.� � ,� � � '� : ti..r � : _ :� � _ � � � , �� ,."� � � � � ! � � � I� � I �i1 � � �1 � � � I� �I R� IM � � � ` � �i �. �k � T � . 0o a n oo a e • Pool Pro ram g — Public and Semi Public (Municipal, hotel, apartments, home association) — NOT single family residential — Pools Spas and Public I nteractive Water Featu res (splash parks) http://health.tarrantcounty.com � �- � �. _ � � � �" T � � � !,� � � 1� � I IM1 � � �1 �� � � I� �14� FI � � � ` . . _ - � � � � .�-�-.''� �J"��.-e'��. °'S�.� '�+� +� � � _ ti..r � � �. � � � � � �� �� ��� � � 0o a n oo a e • Pool Pro ram g — Plan review — Construction inspection(s) — Operational inspections (2) during season — State reg u lations — 12 Reg u lated faci I ities i n Col leyvi I le — Complaints — Illness Investigations http://health.tarrantcounty.com �o Re a �'� �^� � �� �sy�. �� _ ,i �� � v;� � �� r..z, 3. p �� � �.°� . �a""�.--e�... ''��'�+f +� � � � � ti..r � � �. ;:� � '� � � � � � ,. � � � ������������ �'�� �����M���}� ������ � � ro ose a n es . • U date Fees which have not chan ed in p g over 20 ears y • U date Re ulations to match chan es to p g g State re ulations g http://health.tarrantcounty.com Current Versus Proposed Fee Table Current Fee Proposed Fee Food Preparation Fee (Annual) $150 n/a Food Establishment Fee - No Preparation (Annual) $100 n/a Temporary Food Establishment Fee (14 day limit) $35 n/a Food Store (Annual) less than 5,001 square feet n/a $200 greater than 5,000 square feet n/a $300 Food Service (Annual) less than 501 square feet n/a $100 between 501 & 1,500 square feet n/a $150 between 1,501 & 3,000 square feet n/a $200 between 3,001 & 6,000 square feet n/a $250 greater than 6,000 square feet n/a $300 Child Care Food Service (Annual) n/a $150 Catering Operation (Annual) n/a $250 Food Court (Annual) n/a $200 per establishment Adjunct Operation (Annual) Food Service n/a $150 per independent operation Food Store less than 5,001 square feet n/a $150 per independent operation Food Store greater than 5,000 square feet n/a $200 per independent operation Commissary (Annual) no food Prep n/a $100 with food prep n/a $200 Mobile Units (Annual) prepacked food ony n/a $100 open and/or food prep n/a $200 push carts n/a $200 Plan Review (Annual) less than 501 square feet n/a $0 between 500 & 3,000 square feet n/a $50 greater than 3,000 square feet n/a $100 Late Fee (Annual) 1 to 30 days late n/a 10% of fee owed 31 to 60 days late n/a 20% of fee owed 61 to 90 days late n/a 30% of fee owed greater than 90 days n/a permit revocation Reinspection Fee (Annual) required reinspection n/a $75 Swimming Pool, Spa & Interactive Water Feature Fee Schedule Plan Review and Opening Inspection (Annual) n/a $150 Annual Permit (Annual) $100 $250 Required Reinspection (Annual) n/a $75 Model Food Establishment Ordinance MODEL ORDINANCE ADOPTING BY REFERENCE THE TEXAS FOOD ESTABLISHMENT RULES • C_ � 1► : ► ��%\C�a AN ORDINANCE REGARDING THE REGULATION OF FOOD ESTABLISHMENTS 1NCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES,TEMPORARY FOOD ESTABLISHMENTS, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS Section 1. Adobtion of Texas Food Establishment Rules A. (Name of municipality) adopts by reference the provisions of the current rules or rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction. B. Definitions The words "authorized agent or employee" mean the employees of the regulatory authority. The words "food establishment" mean a food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor. The words "municipality of " in this ordinance shall be understood to refer to the of . The words "state rules" mean the state rules found at 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and Sections 173 through 175. These rules are also known as the Texas Food Establishment Rules. The words "regulatory authority" mean the Tarrant County Public Health Department Section 2. Permits and Exern tp ions A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferrable from one person or entity to another or from one location to another location, except as otherwise permitted by this ordinance. A valid permit must be visibly posted in or on every food establishment regulated bythis ordinance. Model Food Establishment Ordinance Section 3. A�lication for Permit and Fees A. Any person desiring to operate a food establishment must rnake a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. B. Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishrnent to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit. C. Fees for permits issued under this ordinance shall be as listed in the attached fee schedule Section 4. Review of Plans A. Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and •specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion. B. Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. C. Fees for the review of plans shall be as listed in the attached fee schedule Section 5. Ins ecp tions A. Before a permit is issued, the city or its authorized representative shall inspect and approve the food establishment. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing foodborne illness according to 25 TAC 229.171(h). - B. The regulatory authority shall classify food establishments as special priority, high priority, medium priority or low priority, according to the type of operations; particular foods that are Model Food Establishment Ordinance prepared; number of people served; susceptibility of the population served; history of violations and any other risk factor deemed relevant to the operation. C. Refusal of an owner, managex or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per Section 7. Section 6. Food Manager / Food Handler Education A. Requirement: (1) Each food service establishment shall have at least one person employed in a managerial capacity possessing a current food manager certificate approved by the regulatory authority. (2) Each food service establishment with six or more employees that is required to have certified food managers must have at least one certified manager on site during all operations. (3) Every employee of a food service.establishment other than a certified Food Manager must maintain a valid food handler certification registered with the regulatory� authority. (4) Food Handler certification shall be valid for a period of up to three years as determined by the regulatory authority (5) Food Manager and Food Handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority Section 7. Suspension of Permit A. The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of-the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by Paragraph (7)(B) of this ordinance. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten days of receipt of a request for a hearing: B: Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. Mod�l Food Establishment Ordinance Section 8. Revocation of Permit A. The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten day period. B. If no request for hearing is filed within the ten day period, the revocation of the permit becomes finaL Section 9. Administrative Process A. A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority. B. The hearings provided for in these rules shall be conducted by the regulatory authority at a � time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. Section 10. Remedies A. Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be fined not more than $2000 dollars. B. The regulatory authority may seek to enjoin violations of these rules. Section 11. Severabilitv If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Model Food Establishment Ordinance Section 12. Effective Date The provisions of this ordinance shall take effect on: (put in date, or the number of days from adoption by the municipality). 1NTRODUCED, READ AND PASSED BY AN AFFIRMATIVE VOTE BY THE ( CITY COUNCIL) ON THIS DAY OF , (SIGNATURES OF COUNCIL MEMBERS/MAYOR) Model Swimming Pool Ordinance . ADOPTING BY REFERENCE THE TEXAS SWIMMING P�OL, SPA OR INTERACTIVE WATER FEATURE RULES C� : � • �,C��l�t�� AN ORDINANCE REGARDING THE REGULATION OF SWIMMING POOL, SPA OR 1NTERACTIVE WATER FEATURES State regulations and guidelines adopted. There is hereby adopted by reference of the V.T.C.A., Health and Safety Code § 341.064; Tex. Admin. Code §§ 265.181-265.208, "Standards for Public Pools and Spas," and Tex. Admin. Code §§ 265.301-265.308 "Public Interactive Water Features and Fountains" A copy of each shall be kept on file in the official records of the city. Definitions. All definitions in the V.T.C.A., Health and Safety Code Ch. 341 and Title 25, Chapter 265, Subchapter L of the Texas Department of State Health Services regulations, "standards for public pools and spas," are hereby adopted. In addition, the following definitions shall apply in this article: Cerfified poo/ operator. A person who possesses a valid pool operator's certificate from a course approved by the city., City. Authorized representatives of the City of <CITY NAME>, which shall include the director and representatives of the Tarrant County Public Health Department. Director. Director of the Tarrant County Public Health Department, who shall be an authorized representative of the city with respect to public pool and spa inspections and permitting. Poo/. Any manmade permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pooL Privafe residential �noo/. A pool that is located on private property that is intended far use by one single-family and their invited guests, located on property used for the placement of a single-family residence. Private residentia! spa. A spa that is located on private, property that is intended for use by one single-family and their invited guests, located on property used for the placement of a single- family residence. Public interactive wafer feafure and founfain (PIWF)--Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing waterjets, waterfalls, dumping buckets, or shooting water cannons in various arrays for the purpose of wetting the persons playing in the spray streams. Regulatory authority. The director and representatives of the Tarrant County Public Health Department. Spa. A constructed, permanent or portable structure that is two feet or more in depth and that has a surFace area of 250 square feet or less or a volume of 3,250 gallons or less and that is intended to be used for bathing or other recreational uses and is not drained and refilled after each Model Swimming Pool Ordinance use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A spa does not refer to a business establishment, such as a day spa or a health spa. Industry terminology for a spa includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot spa," "hot tub," etc. A spa does not include a private residential spa. Pool and spa permits. �a) Requrred. It shall be unlawful for any person to operate a public pool, spa or interactive water feature in the city without a current and valid pool, spa or interactive water feature permit. (b) Posting. A valid permit shall be posted in public view in a conspicuous place at the public swimming pool for which it is issued or on file in a secure area of the permitted facility's premises. (c) Nontransference (change of ownership). Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued. The new owner shall notify the city within ten days after assuming ownership of the pool, spa or interactive water feature. (d) Multiple permits. A separate permit shall be required for every public pool, spa or interactive water feature except that public pools or spas or interactive water features on a single water filtration system require one permit. (e) Denial of permif. A permit may be denied if the city, upon inspection, determines that the requestor has failed to comply with approved plans and specifications adopted in accordance with these rules. � �� Inspecfions for permits. An inspection shall be required annually to qualify for a permit. A permit is valid for one year from the date of issuance. Review of plans and specifications. �a) Submission of plans. Before a public pool's and/or spa's and/or interactive water feature's construction or extensive remodeling begins, the person proposing to construct or remodel shall submit an application to the regulatory authority for review and approval. The application shall include: ��) The construction or remodeling plans, under an engineer's seal, and . specifications stating that the proposed construction or remodeling complies with these rules and indicating that the proposed layout, mechanical plans, construction materials of work areas, and the type and model of proposed fixed equipment and facilities; f2i (3) (4) The date on or after which proposed construction is to begin; The phone number and address of the entity primarily responsible for constructing the pool, spa or interactive water feature and the phone number and address of the entity primarily responsible for operating the pool, spa or interactive water feature; A check or money order in the amount of $150.00 payable to Tarrant County, Texas; and (b) Inspections. (a) (b) (c) (5) Model Swimming Pool Ordinance And any necessary additional information necessary to verify compliance. Approval. The city shall approve plans and specifications that meet the requirements of these rules. No public pool, spa or interactive water feature shall be constructed or extensively remodeled except in accordance with plans and specifications approved by the city. - Preoperationa! inspections. The city shall inspect a newly constructed or remodeled public pool, spa or interactive water feature prior to operation to determine compliance with approved plans and specifications, and with the requirements of these regulations. Requested inspections must be made a minimum of three working days prior to the desired opening date. lnspections. The city shall inspect all public pools, spas and interactive water features at least once per year. The owner or operator shall request an inspection by permit application providing the pool, spa or interactive water feature owner's name and address and, if different, the pool, spa or interactive water feature operator's name and address. Inspection fees. A fee, as set forth in the city's fee ordinances, shall be required to be paid for preoperational inspections and, therea#ter, on an annual basis. Fees shall be paid to Tarrant County Public Health Department at 1101 South Main, Fort Worth, Texas 76104. Only one permit will be required for a public pool, spa or interactive water feature connected to a single filtration system. Inspection fees shall be based on the number of filtration systems located at a single address. Inspection fees for single filtration systems shall be $250.00 each. Pool, spa or interactive water feature closures. �a� A public pool, spa or interactive water feature shall be closed if any of the following conditions occur: (1) Disinfectant level below the minimums set by the Texas Department of State Health Services; �2) pH below 7.0; �3) (4) �5) ib� Inability to see bottom drain (poor visibility); Chlorine levels above eight ppm; or Any other imminent health hazards. A closed sign shall immediately be posted and the pool, spa or interactive water feature access gate shall be locked until all violations have been corrected. Pool and spa records. Daily records for each permitted public pool, spa or interactive water feature shall be kept on premises and shall include information pertaining to: (1) �2) (3) (4) (5) Model Swimming Pool Ordinance Disinfectant Three times per day; pH—Three times per day; Alkalinity—One time per week; Chemicals added—As noted by name, amount and date; and Other information needed to ensure the facility's proper operation. Suspension and revocation of permit. (a) Notice of suspension. The city may temporarily suspend the permit of a public pool, spa or interactive water feature for noncompliance with state pool, spa or interactive water feature standards, by issuing a written notice for suspension. When a permit is suspended, pool, spa or interactive water feature operations shall immediately cease. A closed sign shall be immediately posted and the pool, spa or interactive water feature access gate shall be locked until any and all violations have been corrected. ib) • Reinstafement of permit after suspension. Wlienever a notice of suspension is issued by the city, the holder of the permit or the person in charge will be given an opportunity to correct the violation(s) prior to final revocation of the permit. The city may end the suspension any time if the reasons for suspension no longer exist. (a) ,: Revocation of permit. The city may, after providing notice of pending revocation and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the city in the performance of its duties. Prior to. revocation, the city shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice. Unless a written request for a hearing is filed with the city by the holder of the permit within such ten-day period, the revocation of the permit becomes final. �d) (e) �� �9) Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge of pool and/or spa operations, or when it is sent by registered or certified mail, return receipt requested, to the address listed on the permit application. A copy of the notice shall be filed in the records of the regulatory authority. Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a_ time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. Right of appeal. Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the Director of the Tarrant County Health Department. Application after revocafion. Final revocation of a pool and/or spa permit shall not prevent the holder of the revoked permit from making written application for a new permit to the regulatory authority. �n� Model Swimming Pool Ordinance Closed pool, spa or interactive water feature. Prior to reopening, the owner or operator shall provide the application and fee required by subsection 46-74(a) if a pool, spa or interactive water feature: ��) �2) closes voluntarily at the request of the regulatory authority on more than two occasions in one calendar year; or closes on court order on more than two occasions in one calendar year. Public pool, spa or interactive water feature operator certification. (a) Requrrement. The person in charge of pool, spa or interactive water feature operations at a Class C pool as defined by the adopted regulations, shall have at least one certified pool, spa or interactive water feature operator employed to maintain the pool, spa or interactive water feature for each apartment complex or municipal location. The certificate must be kept on premises to facilitate inspections. �b) Termination of certified pool, spa or interactive water feature operator. In the event that a certified pool, spa or interactive water feature operator is terminated or transferred, the business shall have 60 days from the operator's termination or transfer date to designate a new certificate holder. This requirement is applicable even if pool, spa or interactive water feature maintenance operations are contracted to an outside company: Penalty for violation. 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 article shall be fined not more than $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Designation of health authority. The city designates the Medical Director of the Tarrant County Public Health Department as its health authority for the purpose of insuring minimum standards of environmental health and sanitation within the scope of that departmenYs function. Current Contract with Tarrant County for Food Establishment and Public Swimming Pool Inspections � a :, A ��_�i �� S'i'AT� �� TEXAS COUNT'Y O�' TARRANT WHEREAS the governiiig bodies of the parties herein finds the following agreement in the best interest of t.he citizens they seive and - Wft�R�AS Artzcle 3, Section 64 of the `I'exas Constitutivn and Ckiapter 79I of the Teaas GovemmenE Code au#l�orize Counties and Cities in the State of Te�s to contract wiilt one another for tt►e perfomiance of various grnrernznental functions and services includi�g those in the areas of pubtia E�ealth and welfare and W�IEItEAS TAIt12�1Ni' COUN�`I' and the C1TY O�` COLL�XVILLE pursuazxt to the Constatut�o�n and the Iaws of the State of 'I'e�s desire to maice and enter into a contract whereby Tarrai�t County ��vilI make available to the CITY O� COLLEYVILLE Food Estabiishment and PubIic Swimming Pool Inspection Prograzz� Servioes for the public health protection of its residen#s, NOW,THERE��RE K1�OW ALL MEN BY TH�SE FRESENTS: `i'ARRAN'F C4UNTY, f►ereinafter called "Count�', acting herein i�_y a�d through TOM VANDERGRIFF, du[y authon�iz�d COUNTY JUDGE as directed by the Commissioners Court of Tarraui Couniy, and the CITY OT+' COLX.,�I'VILLE, a municipai corpc�ration situatad in TarranY Cou�iy, Texas, hereinafter called "Cit3�', acting herei� by and through ED BAKER, its duly authorized MAYOR, do hereby covenant and agree as foflows: 1. The Cc3unty hereby makes available to the Gity fvr ttie pro#ection af its resirients Food Establishinent and �blic Swi.zn.a�z�ing Pool Inspection Program Servioes thraugh the Tarrant County Health De�ait�nent_ 2. The Tarrant Cotu�ty Heal.kl� DeparEment will provide its services to all food establishments and pubiic swimming pools located witl�in� t�e corporate lim�ts of said City during the term of tius agreement. The Tarra.ni County Health Depa�iment agrees ta provide appropriate sigus to be posted at pul�lic faod establishinents and pubIic swi.mming pools or spas that do not meet the standards of the Health Department as s�ecified in the ordii�a�ices of the CITY OF COLLEYVII,LE. Such signs sliall state. that the facilit� does not zneet Health Departir►e�t standards and shall contain such other in�ormadon as needed to inform the publia that the faciiity has failed to meet health standards. Tairant Coumty Health Depaii�neni siiall notify the CI1 Y OF COI.LEYVILLE about this aciion: 3. 'i'he said services shall consist of a food. establiskument and public swiz�uning pooi iuspection pxogram, certi�ication of establishments for issuance of heaIil► pennits, collection of fees, notification to the City of violations of health ordi�ances, docnmentation of prograi�i aetivities wi%�in the City in periodic reports, and where legally required by ordinance, approval of foal establishment manager training, food handler training and pool operator traYning and certification. The Ciry a�rees to ii►aintaiu duz�ng ttie period of this agrcemient orciiaances which: adopt the current Texas Board of Health "Rules on Food Se�vice Sanitation and "Rules. o� Retail Food Store Sanitatiou"; designate the llirectar of che Tarrant County Health Department as Healfh Authority for tlte purposes of this agrcement; require aIl food esFaUlishments within corporate iimits io maintain a valid health perinit; adop# health pez�mit fees of $150.00 annually for each food service and retail food establiShment thaY engages zu food pz•eParation, $100.0� aimually for each refail food establishment tt�at does not engage in food prepazatioq and $35.00 for each teinporary food estahlishment; assign to fihe Tarrant County Health DeparF�nent the authority ta callect health permie fees from permit applicants; a�d requii3re food estabiishments to have certified managers and food handlers when reqvired by Iaw- Current Contract with Tarrant County for Food Establishment and Public Swimming Pool Inspections 5_ 'I'he City agre�s to maintain during the perioc� of tlus agreement ortiinance.s which: adopt the current Texas "Minirnum Standards of Sanitation and HeaJ.th �zotectio� Measures", Tifle 5, ChapEer 341, Sabchap#er D, Section 341.064 of the Texas Heaith anc� Safet� Cocte and "Desigu Standards for Public Swiznxning Pool Constzucfion", 25 'I'AC, Chapter 337, Sections 337.�1 through 337.95; designate the DirecCor of the �'azr�nt Couniy Heaith Department as Heattla Authoriry for the purposes of this agreement; require all public swimnRing pnols and spas ���thin the catpozate limits to maizstain a vaiid public s��imming poal pernu#; adopi pub[ic swimming pool permit fees a£ $100.�0 ann€ially for eaclz public swimming pool and spa; assign to the Tarrant Coanty Health Departcnent the authoriry to coliecE public sroviuuning pool permit fces from pentut applieants; and rec�uire facitities to have certified pool operators when raquired by la��_ 6_ If du�ng inspeciion of a food facility, pool or spa, Tarrant County notices a viola�ion of #l�e Ciry's cocie, the Tarrant County Health Department st�ail notify #he apprapriate City official. 'I'he Gity shail be responsible for enforcem�nt of the City's health ordinances_ County e�►ployees whose t�stii�iony may be required for such enforcement pnrsuant to the Agreem�nt sha11 present fhemselves for testimony in any such enforoemezt# ackio� *.a_ken b}� ±.he Ci;� in ae�r�az�� ;��th t3:e p;acec#ures es*�,a�lished by E��LEY�v'ILL:�,'� iYiUNICaiP'AL COLTRT for fhe appearance af [aw ez�£orcement affice� 7. This a�reement shait begin upon the approv�l of both the City Coanciil and the '.C'arrant County Cornmissioners Court and shail cantinue until canceIed by a miniinu� of 90 days wriuen notice from either party. S. The Caunry is an independent contractor under fhe terms of ihis agreement and is nat an offioer, agenl, seivant, or empioyee of the City. No employee of the County shall be an officer, agent, sen�ant, or em}�lpyee of tl�e City �s a result of tlus A�ee�ent. 9. No funds or money shall be due to Tarrdnt Gounty fiom Ehe City as a result of tl�s Agreemen�. Tarrant County shall reoeive its total payment for services provided from #l�e collection of permit fe�s as shated wit�►in this Agreement and as authorized by ordi��aitce of the Cify. T�e City shall immediately nvtify tiee Connty of any change in fees as auYhorized_ EXECU�'�D tEus �„ day af t 1995 in Tarrant CoauY�y, Texas CTTY OF COLLEYVII.L� $y: ��, ED BAKER, MAYQ�t Date: � � Z.o �� to APPROVED AS 'TQ FQRM AND LEGALITY: City Attomey Date: ATTEST: By: � . ���Y City Manager COITNTY OF TARRANT �TA� �' TEXAS �Y: OM VANDERGRIFF, CO . Date: � / — � .AP�'RO'V� 'k'O � unfy I,egal Advisor Current Colleyville Food Establishment Regulations - Division I PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE II. - FOOD SERVICE ESTABLISHMENTS DIVISION 1. - GENERALLY DIVISION 1. - GENERALLY Sec. 54-26. - Definitions. Sec. 54-27. - State requlations adopted. Sec. 54-28. - Review of plans; inspection. Sec. 54-29. - Food manaqer certification. Sec. 54-30. - Food handler certification. Sec. 54-31. - Exemptions from certificate requirements. Secs. 54-32-54-40. - Reserved. Sec. 54-26. - Definitions. All of the definitions in Rules on Food Service Sanitation and Rules on Retail Food Store Sanitation, referred to in section 54-27, are hereby adopted. In addition, the following definitions shall apply in the interpretation of this article: Child care facility means a facility keeping more than 12 unrelated children, that provides care, training, education, custody or supervision for children under 15 years of age who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day, whether or not the facility is operated for profit or charges for the services it offers. Nonprofit facilities will be required to make application for a permit and meet current requirements but are exempt from payment of the permit fee under this article. Food establishment means all places where food or drink are manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange or given away for use as food or furnished for human consumption. Such term does not apply to private homes where food is prepared or served for guests and individual family consumption. The location of commercially packaged single portion nonpotentially hazardous snack items and wrapped candy sold over the counter is excluded from such term. Health department means representatives of the county health department. Ownership of business means the owner or operator of the business. Each new business owner or operator shall comply with the current code requirements of the city. Regulatory authority means representatives of the county health department. Service of notice means a notice provided for in this article is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. (Code 1980, ch. 4, § 15(C)) Cross reference— Definitions generally, § 1-2. Colleyville, Texas, Code of Ordinances Page 1 of 3 Current Colleyville Food Establishment Regulations - Division I PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE II. - FOOD SERVICE ESTABLISHMENTS DIVISION 1. - GENERALLY Sec. 54-27. - State regulations adopted. There is hereby adopted by reference the Texas Department of Health, Division of Food and Drugs' Rules on Food Service Sanitation 301.73.11.001-011 and the Rules on Retail Food Store Sanitation 229.231-239, and the Texas Food, Drug, and Cosmetic Act (V.T.C.A., Health and Safety Code ch. 431), and the Texas Sanitation and Health Protection Law (V.T.C.A., Health and Safety Code ch. 341). A certified copy of each rule manual adopted by this section shall be kept on file in the office of the city secretary. (Code 1980, ch. 4, § 15(B)) Sec. 54-28. - Review of plans; inspection. (a) Submission of plans. Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the health department for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The health department shall approve the plans and specifications if they meet the requirements of this article. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the health department. (b) Preoperational inspection. The health department shall inspect any food establishment prior to its beginning operation to determine compliance with approved plans and specifications and with the requirements of this article. (Code 1980, ch. 4, § 15(F)) Sec. 54-29. - Food manager certification. (a) Food establishments handling open food and/or beverages and having seven or more food handlers shall have at least one certified food manager on duty during all hours of operation. Establishments having fewer than seven employees need not have a certified food manager on duty. (b) Food establishments that are required to have a certified food manager on duty shall provide proof of certification to the county health department prior to opening the food establishment or upon request by a health inspector during routine health inspections. (c) Existing food establishments that are required to have certified food managers shall have 60 days to meet certified food manager requirements upon the transfer or termination of a certified food manager. (d) In the event of a change of ownership of a food establishment, the food establishment shall provide proof to the health department that the appropriate number of certified food managers shall be on duty, if required, within 60 days of the effective date of the change of ownership. (e) Food manager certificates shall be renewed as required by the health department, and an expired certificate may result in the suspension or revocation of a food establishment's health permit by the health department. (Ord. No. 0-93-928, § 1, 12-21-93) Colleyville, Texas, Code of Ordinances Page 2 of 3 Current Colleyville Food Establishment Regulations - Division I PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE II. - FOOD SERVICE ESTABLISHMENTS DIVISION 1. - GENERALLY Sec. 54-30. - Food handler certification. (a) All food handlers shall obtain an annual food handler certificate issued by the health department, by attending and completing the food handler class as conducted by the health department and meeting all other requirements of the health department. A food handler certificate shall be obtained prior to working in a food establishment. (b) Food handler certificates are valid for one year unless revoked or changed by the health department, and shall be kept in a valid status at all times. A food handler's certificate may be examined for validity at any time by an official representative of the health department or designated city employee, and may be revoked for cause by the health department. (c) Persons employed in a food establishment who do not possess a valid food handler's certificate may be issued a citation by a health department representative or by an official of the city. A second offense may result in suspension or revocation of the food establishment's health permit. (Ord. No. 0-93-928, § 1, 12-21-93) Sec. 54-31. - Exemptions from certificate requirements. (a) Food manager certification. Food establishments exempted from the food manager certification requirement are: (1) Temporary food establishments; (2) Establishments with uncut produce or prepackaged food only; (3) Establishments serving only fountain drinks, coffee, and/or popcorn; (4) Day care centers that do not prepare food other than heating and/or cooling prepackaged items; (5) Establishments with fewer than seven employees; and (6) Farmer's markets. (b) Food handler certification. Persons participating as volunteer food handlers performing charitable activities for a period of three days or less may be exempted from the requirement for a food handler's certificate. (Ord. No. 0-93-928, § 1, 12-21-93) Secs. 54-32-54-40. - Reserved. Colleyville, Texas, Code of Ordinances Page 3 of 3 Current Colleyville Food Establishment Regulations - Division II PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE II. - FOOD SERVICE ESTABLISHMENTS DIVISION 2. - PERMIT DIVISION 2. - PERMIT Sec. 54-41. - Required. Sec. 54-42. - Postinq. Sec. 54-43. - Transfer prohibited; chanqe of ownership. Sec. 54-44. - Separate permit for each location. Sec. 54-45. - Suspension of permit. Sec. 54-46. - Revocation of permit. Sec. 54-47. - Service of notices. Sec. 54-48. - Hearinqs. Sec. 54-49. - Riqht of appeal. Sec. 54-50. - Application after revocation. Sec. 54-51. - Fees. Secs. 54-52-54-70. - Reserved. Sec. 54-41. - Required. It shall be unlawful for any person to operate a food establishment in the city unless he possesses a current and valid health permit issued by the health department. (Code 1980, ch. 4, § 15(D)(1)) Sec. 54-42. - Posting. A valid health permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. (Code 1980, ch. 4, § 15(D)(2)) Sec. 54-43. - Transfer prohibited; change of ownership. Permits issued under the provisions of this division are not transferable. Upon the change of ownership of a business, the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued. (Code 1980, ch. 4, § 15(D)(3)) Sec. 54-44. - Separate permit for each location. A separate permit shall be required for every food establishment or temporary food establishment with separate and distinct facilities and operations as determined by the health department, whether situated in the same building or at separate locations. Separate and distinct lounge operations in a food facility will require a separate permit from food operations. However, multiple lounges on the same floor in the same building and under the same liquor license will not require a separate permit. (Ord. No. 0-91-845, § 1, 12-3-91) Colleyville, Texas, Code of Ordinances Page 1 of 3 Current Colleyville Food Establishment Regulations - Division II PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE II. - FOOD SERVICE ESTABLISHMENTS DIVISION 2. - PERMIT Sec. 54-45. - Suspension of permit. (a) The health department may suspend any permit to operate a food establishment if the operation of the establishment does not comply with the requirements of this article, state laws and rules, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten days of receipt of a written request for a hearing. Suspension is effective after a ten-day notice period is given by the health department if a public hearing is not requested. When a permit is suspended, food service operations shall immediately cease. (b) Whenever a notice of suspension is given, the holder of the food establishment permit or the person in charge shall be notified in writing that an opportunity for a hearing will be provided. If no written request for hearing is filed within ten days, the permit is suspended. The health department may end the suspension at any time if reasons for the suspension no longer exist. (Code 1980, ch. 4, § 15(D)(5), (6)) Sec. 54-46. - Revocation of permit. The health department may, after providing notice and an opportunity for a hearing, revoke a food establishment permit for serious or repeated violations of any of the requirements of this article or for interference with the health department in the performance of its duties. Prior to revocation, the health department shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten-day period following service of such notice. Unless a written request for a hearing is filed with the health department by the holder of the permit within such ten-day period, the revocation of the permit becomes final. (Code 1980, ch. 4, § 15(D)(7)) Sec. 54-47. - Service of notices. A notice provided for in this article is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certificate. A copy of the notice shall be filed in the records of the regulatory authority. (Code 1980, ch. 4, § 15(D)(8)) Sec. 54-48. - Hearings. The hearings provided for in this article shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the regulatory authority. (Code 1980, ch. 4, § 15(D)(9)) Sec. 54-49. - Right of appeal. Any permit holder who wishes to dispute the decision of a hearing under this article may appeal the Colleyville, Texas, Code of Ordinances Page 2 of 3 Current Colleyville Food Establishment Regulations - Division II PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE II. - FOOD SERVICE ESTABLISHMENTS DIVISION 2. - PERMIT decision to the director of the health department. (Code 1980, ch. 4, § 15(D)(10)) Sec. 54-50. - Application after revocation. Whenever a revocation of a food establishment permit has become final, the holder of the revoked permit may make written application for a new permit to the health department. (Code 1980, ch. 4, § 15(D)(11)) Sec. 54-51. - Fees. (a) Food establishments. (1) Each food service and retail food establishment that engages in food preparation shall pay a health permit fee of $150.00 annually. Fees are due and payable on or before January 1 of each year, and are to be paid to the county health department. (2) Each retail food establishment that does not engage in food preparation shall pay a health permit fee of $100.00 annually. (b) Temporary food establishments. A fee of $35.00 per health permit is required of any food establishment operating less than 14 days. Fees are due and payable as provided in subsection (a) of this section. (Code 1980, ch. 4, § 15(E); Ord. No. 0-93-891, § 1, 2-16-93) Secs. 54-52-54-70. - Reserved. Colleyville, Texas, Code of Ordinances Page 3 of 3 Current Colleyville Public Pool Regulations PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE III. - PUBLIC SWIMMING POOLS/SPAS ARTICLE III. - PUBLIC SWIMMING POOLS/SPAS Sec. 54-71. - Definitions. Sec. 54-72. - State reaulations and quidelines adopted. Sec. 54-73. - Permit required. Sec. 54-74. - Review of qlans; inspection. Sec. 54-75. - Closure. Sec. 54-76. - Records. Sec. 54-77. - Suspension and revocation of permit. Sec. 54-78. - Manaqer certification. Sec. 54-71. - Definitions. All definitions in the state department of health regulations and guidelines on public swimming pools and spas are hereby adopted. In addition, the following definitions shall apply in the interpretation of this article: Health departmenf ineans representatives of the county health department. Private residential swimming pool means any swimming pool located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by members of the homeowner's family or their invited guests. (The design, construction, and operation of such pools are not subject to the provisions of this article.) Public swimming pool means any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing operated by any person, whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. Regulafory authority means the representatives of the county health department. (Ord. No. 0-90-799, § 1, 4-2-91) Cross reference— Definitions generally, § 1-2. Sec. 54-72. - State regulations and guidelines adopted. (a) There is hereby adopted by reference the Texas Department of Health Minimum Standards of Sanitation and Health Protection Measures, V.T.C.A., Health and Safety Code § 341.064; Design Standards for Public Swimming Pool Construction, 25 TAC, chapter 337, sections 337.71 through 337.96; and the Texas Department of Health publication, A Training Course in Swimming Pool Operation. (b) A certified copy of each of the publications adopted by this section shall be kept on file in the office of the city secretary. (Ord. No. 0-90-799, § 1, 4-2-91) Colleyville, Texas, Code of Ordinances Page 1 of 4 Current Colleyville Public Pool Regulations PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE III. - PUBLIC SWIMMING POOLS/SPAS Sec. 54-73. - Permit required. (a) Required. It shall be unlawful for any person to operate a public swimming pool or spa in the city without a current and valid pool permit issued by the health department. (b) Posting. A valid permit shall be posted in public view in a conspicuous place at the public swimming pool/spa for which it is issued. (c) Nontransference; change of ownership. Permits issued under the provisions of this article are not transferable. Upon change of ownership of the business, the new business owner will be required to meet current standards as defined in city ordinances and state laws before a permit will be issued. (d) Separate permits. A separate permit shall be required for every public swimming pool or spa, except that public swimming pools on the same water filtration system will require only one permit. (e) Denial of permit. A public swimming pool permit may be denied if the health department, upon inspection, determines that the requestor has failed to comply with approved plans and specifications and with this article. (f) Permit fees. A fee of $100.00 per public swimming pool and $100.00 per spa is required annually. Fees are due and payable on or before January 1 of each year and are payable to the county health department. (Code 1980, ch. 4, § 15(E); Ord. No. 0-90-799, § 1, 4-2-91; Ord. No. 0-93-891, § 1, 2-16-93) Sec. 54-74. - Review of plans; inspection. (a) Submission of plans. Before a public swimming pool or spa is constructed or extensively remodeled, properly prepared plans and specifications for such construction or remodeling shall be submitted to the health department for review and approval. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type of model of proposed fixed equipment and facilities. The health department shall approve plans and specifications that meet the requirements of this article. No public swimming pool or spa shall be constructed or extensively remodeled except in accordance with plans and specifications approved by the health department. All installations shall utilize antivortex drain covers after the effective date of Ordinance No. 0-90-799. (b) Preoperational inspection. The health department shall inspect newly constructed or remodeled public swimming pools or spas prior to their operation, in order to determine compliance with approved plans and specifications and with the requirements of this article. Inspection requests must be made a minimum of three working days prior to the desired opening date. (Ord. No. 0-90-799, § 1, 4-2-91) Sec. 54-75. - Closure. A public swimming pool or spa shall be closed when the following conditions exist: (1) Disinfectant levels are below state department of health specified minimums. (2) pH is below 7.0. Colleyville, Texas, Code of Ordinances Page 2 of 4 Current Colleyville Public Pool Regulations PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE III. - PUBLIC SWIMMING POOLS/SPAS (3) When the visibility in the pool is too poor to enable viewing of the bottom drain from above the surface of the water. (4) Chlorine levels above ten parts per million exist. A closed sign is to be immediately posted and the pool access gate locked until the above conditions are corrected. (Ord. No. 0-90-799, § 1, 4-2-91) Sec. 54-76. - Records. Daily records for each permitted public swimming pool or spa shall be kept on the premises and provide the following information: (1) Disinfectant. Such measurement shall be made three times daily with at least three hours between each measurement. (2) pH. Such measurement shall be made at least three times daily with a minimum of three hours between each measurement. (3) Alkalinity. Such measurement shall be made at least once weekly. (4) Chemicals used. The amount, trade name, type of chemical, date, and time any chemical is added to a pool or spa. (Ord. No. 0-90-799, § 1, 4-2-91) Sec. 54-77. - Suspension and revocation of permit. (a) Notice of suspension. After repeated violations, or repeated noncompliance with the state pool standards, a written notice for suspension of the pool/spa permit may be issued by the health department. Before a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing. Suspension is effective after a ten-day notice period is given by the health department and a public hearing is not requested by the permit holder. When a permit is suspended pool/spa operations shall cease immediately. (b) Notification of right to hearing. Whenever a notice of suspension is issued by the health department, the holder of the public swimming pool permit or the person in charge shall be notified in writing that an opportunity for a hearing will be provided. Unless a written request for a hearing is filed with the health department by the holder of the permit within ten days of the receipt of a suspension notice, the permit is suspended. The health department may end the suspension any time if reasons for the suspension no longer exist. (c) Revocation of permit. The health department may, after providing notice and an opportunity for a hearing, revoke a public swimming pool permit for serious or repeated violations of the requirements of this article or for interference with the health department in the performance of its duties. Prior to the revocation, the health department shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten days following service of such notice. Unless a written request for a hearing is filed with the health department by the holder of the permit within such ten-day period, the revocation of the permit shall become final. Colleyville, Texas, Code of Ordinances Page 3 of 4 Current Colleyville Public Pool Regulations PART II - CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE III. - PUBLIC SWIMMING POOLS/SPAS (d) Service of notice. A notice provided for in this article is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority. (e) Hearings. The hearings provided for in this article shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered at the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. (f) Right of appeal. Any permit holder who wishes to dispute the decision of a hearing held pursuant to this section may appeal the decision to the director of the health department. (g) Application after revocation. Whenever a revocation of a public swimming pool permit has become final, the holder of the revoked permit may make written application for a new permit to the health department. (Ord. No. 0-90-799, § 1, 4-2-91) Sec. 54-78. - Manager certification. Public swimming pool and/or spa managers shall have at least one certified pool manager employed to maintain the pools/spas at each apartment complex or municipal location. This person shall possess a pool manager's certificate from a course approved by the health department. Such certificate is valid for three years from the issuance date and must be on the premises to facilitate checking by inspectors. Whenever the public pool/spa manager holding the certificate terminates employment, or is terminated or transferred, the business shall be allowed 60 days from such termination or transfer date to provide a new certificate holder. This requirement is applicable even if the pool maintenance operations are contracted with an outside company. (Ord. No. 0-90-799, § 1, 4-2-91) Colleyville, Texas, Code of Ordinances Page 4 of 4 ORDINANCE 0-12-1840 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING CHAPTER 54, ARTICLE II AND ARTICLE III, ADOPTING NEW REGULATIONS FOR FOOD SERVICE ESTABLISHMENTS AND PUBLIC SWIMMING POOLS AND SPAS TO THE COLLEYVILLE CODE OF ORDINANCES; PROVIDING FOR NEW PERMIT FEES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF $2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville, Texas entered into an agreement with Tarrant County to provide food establishment and public swimming pool inspections on August 20, 1996; and WHEREAS, Tarrant County has written new model food establishment and public swimming pool and spa ordinances and fees and has requested that the City of Colleyville adopt said ordinances and fees and repeal the current regulations in their entirety; 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, 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 matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 54, Article II and III, of the Code of Ordinances is hereby repealed and replaced as follows: ARTICLE II. Food Service Establishments Section 54-26. Adoption of Texas Food Establishment Rules The City of Colleyville adopts by reference the provisions of the current rules or rules, as amended by the Executive Commissioner of the Health and Human Services Commission, found in 25 Texas Administrative Code (TAC), Ordinance 0-12-1840 Page 2 of 15 Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction. Section 54-27. Definitions The words "authorized agent or employee" mean the employees of the regulatory authority. The words "food establishment" mean a food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor. The words "state Administrative Code, 173 through 175. Establishment Rules. rules" mean the state rules found in 25 Texas Chapter 229, Sections 161 through 171 and Sections These rules are also known as the Texas Food The words "regulatory authority" mean the Tarrant County Public Health Department Section 54-28. Permits and Exemptions A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferrable from one person or entity to another or from one location to another location, except as otherwise permitted by this Ordinance. A valid permit must be visibly posted in or on every food establishment regulated by this Ordinance. Section 54-29. Application for Permit and Fees (a) Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment, and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. (b) Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food Ordinance 0-12-1840 Page3of15 establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit. (c) Fees for permits issued under this Ordinance shall be as listed in the fee schedule in Section 54-36. Section 54-30. Review of Plans (a) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this Ordinance. The approved plans and specifications must be followed in construction, remodeling, or conversion. (b) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (c) Fees for the review of plans shall be as listed in the fee schedule in Section 54-36. Section 55-31. Inspections (a) Before a permit is issued, the City or its authorized representative shall inspect and approve the food establishment. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food borne illness according to 25 TAC 229.171(h). (b) The regulatory authority shall classify food establishments as special priority, high priority, medium priority, or low priority, according to the Ordinance 0-12-1840 Page 4 of 15 type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; history of violations and any other risk factor deemed relevant to the operation. (c) Refusal of an owner, manager, or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein, during normal business hours, will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per Section 54-33. Section 54-32. Food Manager / Food Handler Education Requirement: (a) Each food service establishment shall have at least one person employed in a managerial capacity possessing a current food manager certificate approved by the regulatory authority. (b) Each food service establishment with six or more employees that is required to have certified food managers must have at least one certified manager on site during all operations. (c) Every employee of a food service establishment, other than a certified food manager, must maintain a valid food handler certification registered with the regulatory authority. (d) Food handler certification shall be valid for a period of up to three years as determined by the regulatory authority. (e) Food manager and food handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority. Section 54-33. Suspension of Permit (a) The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by Section 54-33(b) of these regulations. When a permit is suspended, food operations shall immediately cease. Whenever a permit is Ordinance 0-12-1840 Page5of15 suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten days of receipt of a request for a hearing. (b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within ten days. If no written request for a hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. Section 54-34. Revocation of Permit (a) The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice, unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten day period. (b) If no request for hearing is filed within the ten day period, the revocation of the permit becomes final. Section 54-35. Administrative Process (a) A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority. (b) The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing Ordinance 0-12-1840 Page 6 of 15 decision shall be furnished to the holder of the permit by the regulatory authority. Section 54-36. Fees Description Fee Food Store Annual less than 5,001 square feet $200 reater than 5,000 s uare feet $300 Food Service (Annual) less than 501 s uare feet $100 between 501 and 1 500 s uare feet 150 between 1,501 and 3,000 s uare feet $200 between 3,001 and 6,000 s uare feet $250 reater than 6,000 s uare feet $300 Child Care Food Service Annual $150 Catering Operation (Annual) $250 Food Court Annual $200 er establishment Ad'unct O eration Annual Food Service $150 er inde endent o eration Food Store /ess than 5,001 s uare feet $150 er inde endent o eration Food Store greater than 5,000 square feet $200 per independent operation Commissar Annual no food re $100 with food re $200 Mobile Units Annual prepacked food only $100 o en and/or food re $200 ush carts $200 Plan Review less than 501 s uare feet $0 between 500 and 3,000 square feet $50 reater than 3,000 s uare feet $100 Late Fee 1 to 30 da s late 10% of fee owed 31 to 60 da s late 20% of fee owed 61 to 90 da s late 30% of fee owed reater than 90 da s ermit revocation Reins ection Fee re uired reins ection $75 Swimminp Pool, Saa & Interactive Water Feature Fee Schedule Plan Review and O enin Ins ection Annual $150 Annual Permit $250 Re uired Reins ection $75 Ordinance 0-12-1840 Page 7 of 15 ARTICLE III. Public Swimming Pools and Spas Section 54-71. State regulations and guidelines adopted. There is hereby adopted by reference of the V.T.C.A., Health and Safety Code § 341.064; Tex. Admin. Code §§ 265.181-265.208, "Standards for Public Pools and Spas," and Tex. Admin. Code §§ 265.301-265.308 "Public Interactive Water Features and Fountains" A copy of each shall be kept on file in the official records of the City. Section 54-72. Definitions. All definitions in the V.T.C.A., Health and Safety Code Ch. 341 and Title 25, Chapter 265, Subchapter L of the Texas Department of State Health Services regulations, "standards for public pools and spas," are hereby adopted. In addition, the following definitions shall apply in this article: Certified pool operator. A person who possesses a valid pool operator's certificate from a course approved by the City. City. Authorized representatives of the City of Colleyville, which shall include the director and representatives of the Tarrant County Public Health Department. Director. Director of the Tarrant County Public Health Department, who shall be an authorized representative of the City with respect to public pool and spa inspections and permitting. Pool. Any man made permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pool. Private residential pool. A pool that is located on private property that is intended for use by one single family and their invited guests, located on property used for the placement of a single family residence. Ordinance 0-12-1840 Page 8 of 15 Private residential spa. A spa that is located on private property that is intended for use by one single family and their invited guests, located on property used for the placement of a single family residence. Public interactive water feature and fountain (PIWF). Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or sheeting water cannons in various arrays for the purpose of wetting the persons playing in the spray streams. Regulatory authority. The director and representatives of the Tarrant County Public Health Department. Spa. A constructed, permanent or portable structure that is two feet or more in depth and that has a surface area of 250 square feet or less or a volume of 3,250 gallons or less and that is intended to be used for bathing or other recreational uses and is not drained and refilled after each use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A spa does not refer to a business establishment, such as a day spa or a health spa. Industry terminology for a spa includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot spa," "hot tub," etc. A spa does not include a private residential spa. Section 54-73. Pool and spa permits. (a) Required. It shall be unlawful for any person to operate a public pool, spa, or interactive water feature in the City without a current and valid pool, spa, or interactive water feature permit. (b) Posting. A valid permit shall be posted in public view in a conspicuous place at the public swimming pool for which it is issued or on file in a secure area of the permitted facility's premises. (c) Non-transference (change of ownership). Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards as defined in City ordinances and state law before a permit will be issued. The new owner shall notify the City within ten days after assuming ownership of the pool, spa or interactive water feature. Ordinance 0-12-1840 Page 9 of 15 (d) Multiple permits. A separate permit shall be required for every public pool, spa, or interactive water feature except that public pools or spas, or interactive water features on a single water filtration system require one permit. (e) Denial of permit. A permit may be denied if the City, upon inspection, determines that the requestor has failed to comply with approved plans and specifications adopted in accordance with these rules. (f) Inspections for permits. An inspection shall be required annually to qualify for a permit. A permit is valid for one year from the date of issuance. Section 54-74. Review of plans and specifications. (a) Submission of plans. Before a public pool's and/or spa's and/or interactive water feature's construction or extensive remodeling begins, the person proposing to construct or remodel shall submit an application to the regulatory authority for review and approval. The application shall include: 1. The construction or remodeling plans, under an engineer's seal, and specifications stating that the proposed construction or remodeling complies with these rules and indicating that the proposed layout, mechanical plans, construction materials of work areas, and the type and model of proposed fixed equipment and facilities; 2. The date on or after which proposed construction is to begin; 3. The phone number and address of the entity primarily responsible for constructing the pool, spa, or interactive water feature and the phone number and address of the entity primarily responsible for operating the pool, spa, or interactive water feature; 4. A check or money order in the amount of $150.00 payable to Tarrant County, Texas; and Ordinance 0-12-1840 Page 10 of 15 5. And, any additional information necessary to verify compliance. (b) Approval. The City or regulatory authority shall approve plans and specifications that meet the requirements of these rules. No public pool, spa or interactive water feature shall be constructed or extensively remodeled except in accordance with plans and specifications approved by the City or regulatory authority. Section 54-75. Inspections (a) Preoperational inspections. The City or regulatory authority shall inspect a newly constructed or remodeled public pool, spa or interactive water feature prior to operation to determine compliance with approved plans and specifications, and with the requirements of these regulations. Requested inspections must be made a minimum of three working days prior to the desired opening date. (b) Inspections. The regulatory authority shall inspect all public pools, spas, and interactive water features at least once per year. The owner or operator shall request an inspection by permit application providing the pool, spa, or interactive water feature owner's name and address and, if different, the pool, spa, or interactive water feature operator's name and address. (c) Inspection fees. A fee, as set forth in Section 54-81, shall be required to be paid for preoperational inspections and, thereafter, on an annual basis. Fees shall be paid to Tarrant County Public Health Department at 1101 South Main, Fort Worth, Texas 76104. Only one permit will be required for a public pool, spa, or interactive water feature connected to a single filtration system. Inspection fees shall be based on the number of filtration systems located at a single address. Inspection fees for single filtration systems shall be $250.00 each. Section 54-76. Pool, spa, or interactive water feature closures. (a) A public pool, spa, or interactive water feature shall be closed if any of the following conditions occur: Ordinance 0-12-1840 Page11of15 1. Disinfectant level below the minimums set by the Texas Department of State Health Services; 2. pH below 7.9; 3. Inability to see bottom drain (poor visibility); 4. Chlorine levels above eight ppm; or 5. Any other imminent health hazards. (b) A closed sign shall immediately be posted and the pool, spa or interactive water feature access gate shall be locked until all violations have been corrected. 54-77. Pool and spa records. Daily records for each permitted public pool, spa, or interactive water feature shall be kept on premises and shall include information pertaining to: (a) Disinfectant-three times per day; (b) pH-three times per day; (c) Alkalinity-one time per week; (d) Chemicals added-as noted by name, amount and date; and (e) Other information needed to ensure the facility's proper operation. 54-78. Suspension and revocation of permit. (a) Notice of suspension. The City may temporarily suspend the permit of a public pool, spa, or interactive water feature for noncompliance with state pool, spa, or interactive water feature standards, by issuing a written notice for suspension. When a permit is suspended, pool, spa, or interactive water feature operations shall immediately cease. A closed sign shall be immediately posted and the pool, spa, or interactive water feature access gate shall be locked until any and all violations have been corrected. (b) Reinstatement of permit after suspension. Whenever a notice of suspension is issued by the City, the holder of the permit or the person in charge will be given an opportunity to correct the Ordinance 0-12-1840 Page 12 of 15 violation(s) prior to final revocation of the permit. The City may end the suspension any time if the reasons for suspension no longer exist. (c) Revocation of permit. The City or regulatory authority may, after providing notice of pending revocation and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the City in the performance of its duties. Prior to revocation, the City or regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice. Unless a written request for a hearing is filed with the City by the holder of the permit within such ten-day period, the revocation of the permit becomes final. (d) Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge of pool, spa, or interactive water feature, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority. (e) Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. (f) Right of appeal. Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the Director of the Tarrant County Health Department. (g) Application after revocation. Final revocation of a pool, spa, or interactive water feature permit shall not prevent the holder of the revoked permit from making written application for a new permit to the regulatory authority. Ordinance 0-12-1840 Page13of15 (h) Closed p00% spa, or interactive water feature. Prior to reopening, the owner or operator shall provide the application and fee required by Section 54-36 if a pool, spa, or interactive water feature: 1. closes voluntarily at the request of the regulatory authority on more than two occasions, in one calendar year; or, 2. closes on court order on more than two occasions in one calendar year. Section 54-79. Public pool, spa, or interactive water feature operator certification. (a) Requirement. The person in charge of pool, spa, or interactive water feature operations at a Class C pool as defined by the adopted regulations, shall have at least one certified pool, spa, or interactive water feature operator employed to maintain the pool, spa, or interactive water feature for each location. The certificate must be kept on premises to facilitate inspections. (b) Termination of certified p00% spa, or interactive water feature operator. In the event that a certified pool, spa, or interactive water feature operator is terminated or transferred, the entity shall have 60 days from the operator's termination or transfer date to designate a new certificate holder. This requirement is applicable even if pool, spa, or interactive water feature maintenance operations are contracted to an outside company. Section 54-80. Designation of health authority. The City designates the Medical Director of the Tarrant County Public Health Department as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. Sec. 3. THAT this Ordinance shall be cumulative of all provisions of ordinances of the City of Colleyville, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance 0-12-1840 Page 14 of 15 Sec. 4. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are, severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 5. 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.6. THAT this Ordinance shall take immediate effect upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 19t" day of June 2012. The second reading and public hearing being conducted on the 3rd day of July 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-12-1840 Page15of15 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney 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 07/03/2012 Number Ordinance O-1z-1841 Type Ordinance Department Police Title Approval of the Fiscal Year 2013 (FY 2013) Colleyville Crime Control Prevention District (CCCPD) budget Explanation Second Reading and Pub/ic Hearing There were no speakers on this item at the June 19, 2012 City Council meeting. As a point of information, on June 19, 2012 prior to the City Council meeting, the Colleyville Crime Control and Prevention District (CCCPD) Board of Directors met and approved the FY 2013 budget by a unanimous vote. First Reading and Pub/ic Hearing In accordance with the Local Government Code, the Colleyville Crime Control and Prevention District (CCCPD) annual budget must be approved at least 100 days before the start of the fiscal year. In order to comply with this requirement, the City Council will consider and approve the proposed FY 2013 CCCPD budget on June 19, 2012. Staff has proposed the following FY 2013 budget for consideration and approval by the CCCPD Board, and is now seeking City Council approval of the proposed expenditures. The FY 2013 CCCPD budget was discussed at the May 31, 2012 CCCPD Board budget worksession. At that time, the Board recommended staff further analyze vehicle and equipment needs, and recommend any changes. Staff revised the attached proposed FY 2013 budget to include one additional completely outfitted patrol vehicle, to replace a high mileage patrol vehicle, bringing the total fleet replacement vehicles to three, at an additional cost of $51,650. Further analysis also revealed the need for a strategic purchase schedule for the patrol rifle program. Staff included the purchase of eight patrol rifles for a total of $9,600. This purchase will allow the Police Department to begin assigning rifles to specific individuals, as is recommended for this type of equipment. It is anticipated that approximately nine additional patrol rifles will be needed in the FY 2014 CCCPD budget to complete outfitting all patrol officers with issued rifles. At that point all patrol rifles will be placed on a 10 year rotating replacement program. Staff also anticipates that replacement of officer pistols is not necessary until FY 2015, at which time staff will likely recommend a rotating replacement program. The total increase in proposed expenditures from the May 31 worksession is $61,250. City of Colleyville Page 1 City Council Agenda Briefing 5b Financial Impact The following information and attachments provide estimated fund balances and revenues, as well as a detailed list of proposed expenditures. Estimated Beginning Fund Balance for FY 2013 Revenues: '/z Cent Sales Tax Interest Income Use of Available Cash TOTAL REVENUES Expenditures: Administrative Board/Audit Expenses Police Records Management System Annual Contract Regional Recruiting and Hiring Process (PACT Test) Crime Reports Crime Mapping Software Crime Reports Analytical Crime Mapping Software NetMotion Wireless Maintenance Agreement Security software for in-car computer system L-3 In-Car Video System Server Maintenance Personnel: Five (5) Police Officer Positions Metroport Teen Court Maintenance Capital: Replacement - Three (3) Patrol Vehicles and equipment Equipment: Conducted Energy Device (TASER) Equipment Weapons Procurement or Replacement Schedule (8 Patrol Rifles) Debt Service: 2006 Series Refunding Debt Transfers: Capital Equipment Replacement Fund In-Car Mobile Digital Computers City of Colleyville $ 953,023 $ 1,135,000 $ 2,000 $ 287,940 $ 1,424,940 $ 1,850 �$ �$ �$ �$ �$ $ 45,000 2,000 1,200 4,000 3,219 3,768 $ 404,641 $ 33,750 $ 154,950 $ 36,668 $ 9,600 $ 505,924 $ 16,000 Page 2 City Council Agenda Briefing 5b TOTAL EXPENDITURES - *EXCESS REVENUES OVER EXPENDITURES - ENDING FUND BALANCE - $ 1,222,570 $ 202,370 $ 867,453 *Must have a 1.4 times coverage ratio ($202,370) for debt service payment. Recommendation Approve Attachments 1. Proposed FY 2013 CCCPD budget 2. Ordinance 0-12-1841 City of Colleyville Page 3 COLLEYVILLE CRIME CONTROL DISTRICT FY 2013 PROPOSED BUDGET ADOPTED FISCAL YEAR FY2012 BEGINNING FUND BALANCE $846,681 REVENUES: 1/2 CENT SALES TAX REVENUE $1,000,000 INTEREST INCOME $2,540 USE OF AVAILABLE CASH $279,846 TOTAL REVENUES $1,282,386 EXPENDITURES: ADMINISTRATIVE BOARD/AUDIT EXPENSES: $1,850 POLICE SOFTWARE ANNUAL MAINTENANCE CONTRACT $45,000 REGIONAL RECRUITING AND HIRING PROCESS (PACT TEST) $2,000 CRIME REPORTS CRIME MAPPING SOFTWARE $1,200 CRIME REPORTS ANALYTICAL CRIME MAPPING SOFTWARE $0 NETMOTION WIRELESS MAINTENANCE AGREEMENT $3,219 TLETS SECURITY UPGRADE FOR NETMOTION $2,000 L3 IN-CAR VIDEO SYSTEM SERVER MAINTENANCE $0 PERSONNEL: POLICE OFFICERS: (FY 2012 - 4 OFFICERS / FY 2013 - 5 OFFICERS) $328,937 TEEN COURT $33,750 CAP/TAL - VEHICLES: REPLACEMENT - PATROL VEHICLE AND EQUIPMENT $39,500 (FY 2012 - 1 VEHICLE) (FY 2013 - 3 VEHICLES INCLUDING IN-CAR VIDEO SYSTEM) (REPLACE UNITS 190,180,1111) REPLACEMENT - CID VEHICLE $18,405 EQUIPMENT: REPLACEMENT - HAND HELD RADIOS (3 IN FY 2012) $12,000 CRIME PREVENTION BAR CODING EQUIPMENT $1,900 EQUIPMENT FOR WOMEN'S SELF-DEFENSE CLASSES $7,500 LICENSE PLATE READER $22,650 REPLACEMENT - L3 1N-CAR VIDEO SERVER $18,000 CONDUCTED ENERGY DEVICE (TASER) EQUIPMENT $0 WEAPONS (8 PATROL RIFLES) $0 DEBT SERVICE: 2006 SERIES REFUNDING DEBT $505,211 TRANSFERS: CAPITAL EQUIPMENT REPLACEMENT FUND - IN-CAR MOBILE DIGITAL COMPUTER SYSTEM $16,000 TOTAL EXPENDITURES $1,080,302 EXCESS REVENUES OVER EXPENDITURES $202,084 ` ENDING FUND BALANCE $768,919 ` MUST HAVE A 1.4 TIMES COVERAGE RATIO ($202,084) FOR DEBT SERVICE PAYMENT IN FY 2012 `* MUST HAVE A 1.4 TIMES COVERAGE RATIO ($202,370) FOR DEBT SERVICE PAYMENT IN FY 2013 PROJECTED PROPOSED FY 2012 FY 2013 $931,325 $953,023 $1,100,000 $1,135,000 $2,000 $2,000 $180,386 $287,940 $1,282,386 $1,424,940 $1,850 $45,000 $2,000 $1,200 $0 $3,219 $2,000 $0 $1,850 $45,000 $2,000 $1,200 $4,000 $3,219 $0 $3,768 $328,937 $404,641 $33,750 $33,750 $39,500 $154,950 $18, 405 $12, 000 $1,900 $7,500 $22,650 $18, 000 $0 $0 $0 $0 $0 $0 $0 $0 $36,668 $9,600 $505,211 $505,924 $16,000 $16,000 $1,080,302 $1,222,570 $202,084 ' $202,370 °_ $953,023 $867,453 ORDINANCE 0-12-1841 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2013 FOR THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget of projected revenues and proposed expenditures, cash on hand at the start of the year, the amount of money received during the prior year, the tax rate, and the projected ending fund balance; and WHEREAS, on June 19, 2012, Crime Control and budget; and the Board of Directors of the Colleyville Prevention District approved the following WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this Ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013 and that the City Manager is authorized to execute all contracts and agreements approved as a part of the budget. Ordinance 0-12-1841 Page2of2 Sec. 3. THAT the budget of the fiscal year beginning October 1, 2012, and ending September 30, 2013, for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5%, is hereby fixed as follows: Projected Revenue Received in Fiscal Year 2012 Projected Cash on Hand as of October 1, 2013 Revenues Expenditures Ending Fund Balance at September 30, 2013 AND IT IS SO ORDERED. $ 1,282,386 $ 953,023 $ 1,424,940 $ 1,222,570 $ 867,453 The first reading and public hearing being conducted on the 19t" day of June 2012. The second reading and public hearing being conducted on the 3rd day of July 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney CITY OF COLLEYVILLE David Kelly 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 07/03/2012 Number Ordinance O-1z-184z Type Ordinance Department City Manager Title Amending Ordinance 0-92-880 setting fees and charges for City facilities Explanation First Reading and Pub/ic Hearing Annually, staff reviews the miscellaneous fees charged by the City and proposes new fees, revisions of current fees or deletions of fees. The following new fee is proposed: City Engineer Staff is recommending the addition of a used/obsolete street sign fee to be administered by the City Engineer, allowing citizens the opportunity to purchase used/obsolete street signs that have been replaced and are no longer in service. The City has received this request from citizens. A fee of $25 is proposed, which will offset any loss of revenue that may occur with the reduction in scrap metal sales. No other changes to miscellaneous fees are recommended at this time. Financial Impact There is no fiscal impact. Recommendation Approve Attachments 1. Ordinance 0-12-1842 City of Colleyville Page 1 ORDINANCE 0-12-1842 AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance 0-92-880 and it is desirous to update those fees; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT from and after the effective date of this ordinance, Chapter 2 Section 2-26 (d) of the City of Colleyville Code of Ordinances shall be revised with the following additions: Used/obsolete street sign purchase fee (per sign) $25.00 Sec. 3. 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 3rd day of July 2012. The second reading and public hearing being conducted on the 17t" day of July 2012. Ordinance 0-12-1842 Page2of2 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 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 07/03/2012 Number Resolution R-1Z-3511 Type Resolution Department Community Development Title Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding the sign regulations for a wall sign on Lot 4A, Block 1, of the Monterra Place Addition, located at 6908 Colleyville Boulevard, Case GC12-007 Explanation Reading and Pub/ic Hearing On June 12, 2012, the Sign Board of Appeals denied a variance request submitted by Lynn Bural, on behalf of Dr. David Curtis, regarding the placement of a wall sign to be located at 6908 Colleyville Boulevard. Section 1.15(E) of the Land Development Code specifies the discretionary authority of the Sign Board of Appeals as follows: "In considering a request for a variance, the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City. " With regard to hardships, Section 1.16E(10) of the Land Deve%pment Code frames a hardship as a situation "where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land, which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district". Section 1.15(H) of the Land Development Code provides the authority of the City Council to consider the applicant's request. The following is an excerpt of the applicable language from the Land Development Code: City of Colleyville Page 1 City Council Agenda Briefing 7a Appeal to City Council - The decision by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. Land Development Code Requirements. Chapter 2- Definitions of the Land Development Code defines a wall sign as "a sign erected flat against an exterior wall, supported by the wall, and having the sign face parallel to and not more than twelve inches from the wall surface. " Sign Code Regulations. The following is the specific provisions included in Chapter 7 - Sign Regulations of the Land Development Code regarding these types of signs: Sections 7-175(D)(4) - Wall Signs 4. Horizontal Projection: No wall sign shall project from the vertical plane of the wall more than eighteen inches (18"). Proposed Sign. The applicant is proposing to install a 19" x 127" sign between two (2) stone columns of the front entry on the existing building. The applicant states that the proposed sign was used as a wall sign at the owner's previous location at 6407 Colleyville Boulevard and, therefore, they would like to re-use the sign at their new location. However, the applicant states that there is insufficient wall space for which to place the sign, thus they request to place the sign between the two stone columns instead. The proposed placement of the wall sign is not in compliance with the definition of a wall sign since the proposed sign is not being placed against a flat wall surface. Existing Conditions. The subject property is currently zoned PUD-R-Planned Unit Development Residential as the Monterra Place Addition and is developed as an office to be used by Dr. David Curtis for his business known as David W. Curtis, D.D.S TMJ, Headache & Facial Pain Center. Public Notification. Staff mailed notices to 10 property owners within 200 feet of the site. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has not received any correspondence related to this request. Sign Board of Appeals Recommendation. A motion to approve the request was made at the June 12, 2012 Sign Board of Appeals meeting, however, the motion failed for a lack of a second. Summary. Staff's analysis is that no hardships or special conditions exist, which City of Colleyville Page 2 City Council Agenda Briefing 7a warrant any variance to the sign regulations. 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. Application 6. Street View Looking West 7. Sign Exhibit 8. A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006- 2012 9. Resolution R-12-3511 City of Colleyville Page 3 Applicant's Request to Appeal to City Council From: AIlstarsigns Sent: Friday, 3un� 15, 201� ��:1� AM Ta: Amy Shefiey Subject: Re: Fe�l4aur up fram last night's meeting Please appeal Tmj Lynn Sent frorn my iPhc�ne a Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Chesapeake Land Dev Co Llc 6100 N Western Ave OI<lahoma City OI< 73118 006912 Colleyville Blvd Dietrich, Charlotte 7001 Collyville Blvd Colleyville TX 76034 006903 Colleyville Blvd Jomel Lp 7015 Rosebrool< Colleyville TX 76034 006908 Colleyville Blvd Lfp Properties Inc 7505 Glenview Dr Ste 150 Richland Hills TX 76180 001706 Tennison PI<wy Ctaj Ltd 6904 Collyville Blvd Colleyville TX 76034 006904 Colleyville Blvd Lfp Properties Inc 7505 Glenview Dr Ste 150 Richland Hills TX 76180 001704 Tennison PI<wy Feller-Davis Enterprises Llc 3300 Spring Valley Dr Bedford TX 76021 006900 Colleyville Blvd Kimco Creme Colleyville Lp 8400 E Prentice Ave Ste 1320 Greenwood Village CO 80111 006805 Colleyville Blvd Colleyville Creme De La Creme 8400 E Prentice Ave Ste 1320 Greenwood Village CO 80111 006801 Colleyville Blvd Dr. David Curtis, applicant 6908 Colleyville Blvd. Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, May 25, 2012 by Amy Shelley Buffer Map ❑ Zoning Change ❑ Specia� Use Permit ❑ Planned Unit Development ❑ Site & l�t�ndscape Plan City of Cc�lteyville �ommunity Dev�lopment Servic�s �40 �a�n s��t Applicatifln c�ll�y���l�� � ��034 S17.�03.10�4 ❑ Preliminary Plat ❑ Zoning Variance (ZBAj ❑ Final Plat ❑ Sign Variance (SBAj ❑ Minar Plat ❑ Sidewalk / General Waiver ❑ Amended Piat ❑ Interpretation Appeal Project Name: Project Address (Loeationj: ._ _ �, . .,,_,_ .,__.__ n . �egal deseriptic�n; Proposed Number of �ot�: Gross Acres: r�������� , �. /� . ♦�, - . .. .•. s Existing Zt�ning: Proposed Zoning: Existing Use: Propased Use; Aqp�1�CQ1'1011 R@QU�C@tTi�tltS: The applicant is required tc� submit suf�cient informaticsn fihat describes and justifies the proposai. See approprlate checldist and iee schetiule far mintmum requirements. Eneomalete apolicatlons will not be processed. �pplicant's Status: (check one} O er ❑ Representativa ❑ Tenan'f" ❑ Pr�spective Buyer Pr�rperty 4wner: �� ��' �� ���i�1 � -�� .� CQmpany: Address: Tel: Fax: City: State: ZI � Email: Qwnershfp Siatus: (check one) ividual ❑ Trust ❑ Partnership ❑ Corporatit�n For De�aar#mertfal Use t?My SIGNA7URE F AP �'GANT IG � T OR T�YPE NAME� �pse #: c�I��e.k1�"1 SIGNATURE• t.� `"" � (1t������- � Date: � � � �.+U...1 # � Tatal Fee{s): SIGNATU E R RERTY N (�✓` D PRIM1! t}R TYPE NAME) Receipt #: �f � c l�� � " E�� ' �� SIGNATURE: � Date Submitfied: � � � � jLett�r af aut rizatian required if signatura is other than property ownerj Accepted By: __ T6e property ner must sign the sppiication or submit a ootarize�l letter of euthorization. � � � Public Hearing Date: Re��: SJiC1 �� � a a �• � �� i t �� t � City ofColleyvilie 1{l0 Malri 5lreet Call�yville TX 76034 81?.SU3.1050 Please answer the fQllowing questit�ns as completely as possibl�. Failure ta outline fufly #he situatic►n by answering these questians couid cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. Have you applied for a building permit`� ❑ Yes 0"No Have you filed an appeal or petition on this property befoce? �'"No ❑ Yes 1. �ompleiely describe the variance you are requesting. ���t/ �� G� ���� �� S. Do similar conditions exist in the area? Explain. _ � �_ ,� _.__.--_--__,�-------____._____�_� ______-- 3. Describe how the unique conditions or circumsiances da nat result from yaur actions. � � .� i �'..��' � r t`,t—� �i'' ,�'—= � �. ___.�_._.__._ l,!.._.l2__� ._ ..._.._.�-':_�__.�i'_�._�'__�-�-�'"___'___..___....______.______....��.___.._....____.e�_..__.____._�.�.____._______._.__._e____..___...________... 4. Is there any way to do what you want without this request? I certify that the above infarmation is corr€�ct and camplete ta the best of my knowledge and ability and that I am naw ar will be fully prepared to present the above proposal at the Zaning Board of Ad;ustment hearing. I understand ihat in the event iha# I am nat present or represented at the public hearing, the Bc�ard shall have the pQwer to dismiss this proposal either �t the call of the case or after the hearing, and #hai such dismissal shall constitute a denial. 1 reserve the right to withdrauv this prt�pt�sal at any time upon written ret�uest filed with #he �ommunity De�elapment Clepartment, and such withdrawal sha�l immediately stop all proceedings. I unders#and the fiiing fe� is nat refundable upt�r� withdrawal of the proposal after public ncsfice. I understand that if the request is approved> i must obtain a building permit frarrt the City befare any work is starEed an the property, and that #he Soard's actian does no# constitute the approval af a building permi#. Applicant"s Initiafs �'�'�'�G���_ Date ��"`"`_ .,=—��� �.�� l3 6908 Collevville Blvd. ; : �, =-r� 5� .+ , � _ � .. � Street View Looking West ��.. _ �. � . � �. � ... _ � ; a 7� � . ,S, � t � �:.r _� ,� _..� E-- �. Sign Exhibit � � � � J! � 's-- _ I � _ i � � � i � .d � � ' � .� � .r... . i i til���� I r �- , . ' s' - � � �. � ` - m � N � � J V � H ���■ m , c C 61 ' � - S. ' . ( C C � Y � � � �Ya �q � � - � v � � m � �� ' ` �� , < A History of Council Actions on Appeals to Sign Board of Appeals Cases 2006 - 2012 Variance Council Date Location Business Name Resolution Number Request�s) Action Reduction of front setback Appeal March 21, 2006 609 Cheek Sparger Road Edward Jones R-06-2680 requirement to 0 Approved feet Allow a scrolling October 2, 2007 electronic message 3951 Brown Trail Siem Chiropractic Appeal R-07-2891 Denied board (1) Reduction of side setback to 10 feet (2)Increase February 5, 2008 maximum area to 4400 Colleyville Boulevard Animal America Appeal R-08-Z941 132feet Approved (3)Increase maximum height to 1Z feet Allow a electronic December 2, Z008 message to change 6114 Colleyville Boulevard Total Eye Care Appeal R-08-3036 everyl0seconds Approved Allow an off- Appeal December 16, 2008 1212 West Murphy Road Toll Brothers R-08-3042 premise sign Approved Allow a electronic October 19, 2010 message to change 5203 Heritage Avenue Dr. True Appeal R-10-3279 everyl0seconds Approved Increase maximum Appeal March 1, 2011 6607 Colleyville Boulevard La De Da Pet Spa R-11-3335 height to 12 feet Approved One (1) ft. setback March 2, 2011 from the front 5850 Colleyville Boulevard Century 21 & tenants Appeal R-11-3336 Denied property line Allow an off- May 17, Z011 premise 8000 Precinct Line Rd. Graham Hart Builders Appeal R-11-3361 development sign Approved Increase maximum Appeal September 6, 2011 8504 Precinct Line Rd. State Farm Insurance R-11-3396 height to 14 feet Denied Allow a electronic message to change every 10 seconds Appeal December 13, 2011 4701 Bransford Rd. Sunbelt Gymnastics Approved R-11-3438 Increase maximum 6208 Colleyville Blvd. State Farm Insurance Appeal R-12-3457 Approved January 17, 2012 height to 10 feet RESOLUTION R-12-3511 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR LOT 4A, BLOCK 1, MONTERRA PLACE ADDITION LOCATED AT 6908 COLLEYVILLE BOULEVARD WHEREAS, Section 1.15, Waivers and Appeals — Sign Board of Appeals of the Land Development Code, authorizes the City Council to grant a waiver to the Sign Board of Appeals decision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Lynn Bural, for a variance from Section 7-175(D)4 — Sign Regulations of the Land Development Code is hereby approved subject to the following condition: The proposed sign shall not exceed 19 inches by 127 inches and shall be placed between the stone columns of the front entry to the building. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE 3rd DAY OF July 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND ABSTENTIONS ON 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 7b Agenda Date 07/03/2012 Number Resolution R-1Z-351Z Type Resolution Department City Secretary Title Consideration Board of appointment to the Colleyville Economic Development Corporation Explanation Reading and Pub/ic Hearing As per the Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC) Board, if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies. The term of Mayor Pro Tem Tom Hart has expired; therefore, it will be necessary to appoint (1) Councilmember to serve as a member of the CEDC Board for a term consecutive with their term on the City Council. Financial Impact There is no financial impact. Recommendation Approve Attachments 1. Colleyville Economic Development Corporation Board roster 2. Colleyville Economic Development Corporation Board bylaws excerpt 3. Resolution R-12-3512 City of Colleyville Page 1 Colleyville Economic Developmenf Corporafion PRESIDENT Da�id Kelly 905 Inwood Lane Calleyville, TX 76034 H: {817) 656-1862 dkellv � collewille.com TERM:Jun 2010 - May 2013 DIRECTOR Stan Hafl 8229 Cimmaron Trail Colleyville, TX 7fi034 H: (817) 488-2996 shall C�colleyr�ille.com TERM:May 2011 - May 2014 DIRECTOR Timothy Mark Kelso 504 Bandit Trail Colley►rille, TX 76034 W: (817) 2$9-4600 tim kelso C� �erizon.n et T�RM:Qct 2011 - Sep 2013 DIRECTOR Carel tornes 6712 Hillier Caurt Colleyville, TX 7fi034 H: (817) 788-5611 careltornes@c�mail.com T�RM:Sep 2011 - Sep 2013 GENERAL MANAGER Jennifer Fadden 100 Main Street Colley�ille, TX 76034 W: (817) 503-1116 ifadden C� colleyville.com VICE PRESIDENT Carol Wollin 4600 Dartmoore Lane Colleyville, TX 76034 H:{8�7)281-3058 cwollin @ colle,y,ville.com TERM:Jun 2090 - May 2013 DIRECTOR Tom Hart f 717 A�ondale Colleyville, TX 76034 H: (817) 540-1171 thart � col f ewi lie. com iEf2M:Aug 2009 - May 2012 DIRECTOR Mark Slosson 2407 Poplar Court East Colleyville, TX 76034 W: {817) 455-6900 H: (817) 540-3144 slasson@�erizon.net TERM:Sep 2011 - Sep 2013 FINANCE MANAGER Terry Leake 100 Main 5treet Colley�ille, TX 76034 W: (817) 503-1115 tleake C� col lewille.com SECRETARY Cynthia Singleton 100 Main S#reet Colleyville, TX 7fi034 W: (817} 503-1133 csin IetonC�colle ille.com CEDC Bylaws Excerpt In the fulfiillment of its corporate purpose, the Corpora�ion shall be governed by the Act, and shall ha�e all of the powers set forth and canferred ir� Section 4B af the Act, and in ather applicable laws, subject to the limita�ions prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II. B�ARD 4F DIRECT4RS SECTION 1. NUMBER AND TERM OF OFFICE. A. The property anc! affairs of the Corpora#ion shall be managed and controlled by a Board and, subject to the r�stricfions imposed by law, �y the Articles and these Bylaws, the Board shall exercise all of the powers of the Corporation. B. The Board shall consist of se�en (7) directors, each of whom shall be appointed by the City Council. Eacf� of the directors shall be a resident of the City. C. Four (4) members of the first Board shall serve terms of one (1) year and �hree (3} members shall serr�e terms of two (2) years. The respective ierms of the initial directors shall be de#ermined by the City Council. Thereaffer, each s�ccessi�e member of the Board shall be appointed and serve for two {2) years or until a successor is appointed as hereinafter pro�ided. Three (3) direcfors shall be persons who are no# employees, officers of the City or members of the City Council. D. Any director may be remo�ed from office by the City Council at will. A vacancy of any director's position which occurs by reason of death, resignation, disq�aalification, removal, or otherwise, shail be filled by the City CounciE. SECTION 2. VACANCIES AN� RESIGNATIONS. A �acancy in any position of c�irector w�ich occurs by reason of death, resignaiion, disqualification, removal, or otherwise, shall be filled as prescribed in Article II, Section 1. A �acancy in the office of President or Vice President which accurs by reason of death, resignation, disquafification, removal, or otherwise, shall be fifled by election by fhe Board, from the remaining directors, #or the unexpired portion af the term of that office. Any director may resign at any time. Such resignation shall be macle in writing, addressed to the Mayor and #he City Secretary, and shail take effect at the time Amended OSf23/05 _2_ RESOLUTION R-12-3512 A RESOLUTION APPOINTING A MEMBER TO THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WHEREAS, in accordance with Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC), if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies; and WHEREAS, one (1) Councilmember's term has expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Councilmember shall be appointed to serve on the Colleyville Economic Development Corporation Board of Directors for a term concurrent with their term on City Council. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 3RD DAY OF JULY 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number 9 Type Report Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 07/03/2012 Title Planning and Zoning Commission Minutes - June 11, 2012 Attachments 1. Planning and Zoning Commission Minutes - June 11, 2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com City of Colleyville Page 1 � . ��- �� � F e..c- COLLEYVYLLE r F ,� ,�, s City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 11, 2012 City Council Chambers Call Meeting to Order The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on June 11, 2012 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, David Dudziak, David Wheelwright, Ron Rotthaus, Don Davis, David Phelps, and Jeff Byerly Staff Present: Ron Ruthven, Amy Shelley, Marty Wieder, and Rob McKeown Invocation The invocation was given by Commissioner Byerly. F* 2. 3. APPROVAL OF MINUTES Commissioner Phelps moved to approve the May 29, 2012 meeting minutes with grammar corrections. Commissioner Rotthaus seconded. The motion to approve carried with the following vote: Aye: 7— Knox, Dudziak, Wheelwright, Rotthaus, Davis, Phelps and Byerly CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. PUBLIC HEARING AGENDA ITEMS 3a Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1, Block 2, of the Thompson Terrace Addition located at 5001 Thompson Terrace, Case ZC12-015 City of Colleyvil/e Page 1 Planning and Zoning Commission Agenda June 11, 2012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:05 p.m. Michael Morrell, contractor for the proposed parking lot area, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Morrell regarding the materials to be used for the parking area and driveway approach. Mr. Morrell explained that he would be using a blacktop material and that he would not be increasing the driveway approach. Commissioner Phelps questioned Mr. Morrell regarding the area to be paved. Mr. Morrell explained the area to be paved using the exhibits provided. Commissioner Phelps questioned Mr. Morrell if the parking lot area is going to be the permanent parking lot when the new building is constructed. Mr. Morrell explained that this parking area will be temporary. There being no one wishing to speak, the public hearing was closed at 7:12 p.m. Ron Ruthven explained to the Commissioners that they may want to continue this item to the next Planning and Zoning Commission meeting given the new information received this evening. He further explained that the applicant indicated that this parking lot area would be the permanent parking lot area once the new building was constructed. Commissioner Byerly questioned staff regarding if an asphalt material will be sufficient for a parking area versus pavement or concrete? Ron Ruthven replied yes. Commissioner Byerly moved to continue case ZC12-015 to the June 25, 2012 meeting. Commissioner Davis seconded. Commissioner Knox questioned staff regarding if there are section or depth requirements for parking areas. Ron Ruthven replied no unless there is a fire lane required. The motion to continue carried with the following vote: Aye: 7— Knox, Dudziak, Wheelwright, Rotthaus, Davis, Phelps and Byerly City of Colleyville Page 2 Planning and Zoning Commission Agenda June 11, 2012 4. AD]OURNMENT The meeting adjourned at 7:15 p.m. Minutes were written and prepared by: , �� Amy Shelley Community Development Coordinator The meeting minutes were approved on lune 25, 2012 by a vote of 7-0. City of Colleyville Page 3 RESOLUTION R-12-3513 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JULY 3, 2012 WHEREAS, City 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 City 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 3RD DAY OF JULY 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor