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Home My WebLink AboutCity Council-Agenda Packets-10/16/2012� �r v o � ., �- COLLEYVILLE �rx.a` City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. col leyvi I le. com Tuesday, October 16, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update of the construction on SH26/Colleyville Road/Brumlow Avenue to John McCain Road PC-2 Presentation and discussion of the Bidault House Boulevard from Pool PC-3 Discussion of the sidewalk construction and escrow requirements related to new development found in Chapter 9-Subdivision Design and Public Facilities in the Land Development Code PC-4 Discussion of changing the dates of regular City Council meetings PC-5 Presentation of the Monthly Financial Report - September 2012 PC-6 Discussion of the October 16, 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 551.971 - 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 City of Co/leyvi/le Page 1 City Council Agenda October 16, 2012 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3548 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation commending Girl Scout Kari Banta, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Megan FitzGerald, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Chloe Holt, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Kylee Kittrell, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Loraine McChesney, in recognition of earning the Gold Award - Mayor David Kelly In recognition of Board, commission and committee member's service - Mayor David Kelly In recognition of Colleyville's featured business - B& B Colleyville Cinema Grille and IMAX, Chris Tickner, General Manager - Mayor David Kelly and Economic Development Director Marty Wieder Recognition of Wellness Champion - Mechanic Rick Mosholder - Mayor David Kelly City of Col/eyvi/le Page 2 City Council Agenda October 16, 2012 Presentation of the Spirit Award - Mayor David Kelly Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Assistant City Manager and Chief Financial Officer Terry Leake, Finance Manager Karen Hines, Strategic Services Manager Eric Ellwanger, and Human Resources Director Michelle Reyes - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3549 4a Approval of the minutes of the regular City Council meeting of October 1, 2012 4b Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc. for the design of Jackson Road and Cheek- Sparger Road Intersection Improvement Project, in an amount not to exceed $58,060, and authorize the city manager to execute the contract 4c Approval of the 2012 Sidewalk Construction Program and authorize the construction of the sidewalks 4d Approval to award a janitorial services agreement to CTJ Maintenance, Inc, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $128,000, and authorize the city manager to execute the agreement 4e Approval to purchase a replacement sewer inspection camera system through the Houston-Galveston Area Council (HGACBuy), in the amount of $72,507.50, and authorize the city manager to execute the purchasing documents 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1856 Approval of a request for a zoning change from R20-Single Family Residential to CC1-Village Retail on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case ZC12-013 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-12-3550 Approval to amend Resolution R-11-3387, the Incentives Guidelines and Criteria City of Co//eyvi/le Page 3 City Council Agenda October 16, 2012 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Senior Center Advisory Committee Meeting Minutes - November 17, 2011 Parks and Recreation Advisory Board Meeting Minutes - December 5, 2011 Senior Center Advisory Committee Meeting Minutes - January 19, 2012 Parks and Recreation Advisory Board Meeting Minutes - February 6, 2012 Senior Center Advisory Committee Meeting Minutes - March 15, 2012 Parks and Recreation Advisory Board Meeting Minutes - April 2, 2012 Senior Center Advisory Committee Meeting Minutes - July 19, 2012 Zoning Board of Adjustment Minutes - September 11, 2012 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 16, 2012 - Reading and Public Hearing - Resolution R-12-3551 10. AD]OURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October IZ, 201Z, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Co//eyvi/le Page 4 LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-1 Type Pre Council Department Public Works City of Colleyville City Council Agenda Briefing Agenda Date 10/16/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Update of the construction on SH26/Colleyville Boulevard from Pool Road/Brumlow Avenue to John McCain Road Explanation Staff will provide an update of the construction on SH26/Colleyville Boulevard from Pool Road /Brumlow Avenue to John McCain Road. Attachments 1. SH26/Colleyville Boulevard from Pool Road/Brumlow Avenue to John McCain Road construction update City of Colleyville Page 1 ��LL�YVILLE . . o e vi e ou eva r onstruction ate Pre Cou nci I October 16, 2012 • Timeline — Contract Length • 394 "working days" • Started on July 16, 2012 • Estimated completion date Spring 2014 • Approximately 13 %throughthe project • Construction Ti mes — There are currently no plans to work beyond standard hours (7 a.m. to 6 p.m.) — There is a possibility of night work or extended hou rs for the benefit of the travel li ng pu bl ic. — As much notice as possible will be given. • Work Zone S eed Li m it p — TxDOT is currently processing a Minute Order to establish the speed limit at 35 for the duration of the project. — This is estimated to be completed and in place prior to the January 1, 2013. • Lo n wood D rive � — Longwood Drive is expected to be closed late October or early November for 5 days. — This closure is necessary for the safety of the motorists and to expedite the installation of the box culverts across Longwood Drive. • ues ions a n . iscussion �� }. � GC�L�.EYVILL� � !t_r�.: LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing Agenda Number PC-Z Agenda Date 10/16/2012 Type Pre Council Department Communications and Marketing Title Presentation and discussion of the Bidault House City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation The purpose of this report is to provide the City Council with information about options for the use or re-use of the historic Bidault House. The Colleyville City Council authorized the purchase of the Bidault House in April 2011. Members of the Colleyville Historical Preservation Committee and others were concerned that the home, which sits prominently on Glade Road, would be bought and destroyed to make room for a new home or commercial business. As one of the oldest homesteads remaining in Colleyville and recorded as a Texas Historic Landmark (1980), the general consensus was that once this piece of the community's history was gone, it would be lost forever. Funds for the purchase came from the City's Tomorrow Fund, which is derived from the lease signing bonuses paid for the mineral rights to some City properties. Upon the City's purchase of the house, the citizen Historical Preservation Committee was charged with exploring how the house could be best utilized to benefit the Colleyville community, and to construct a private/public plan to realize that plan, if necessary. The Historical Preservation Committee began a study of options for the Bidault House, including consideration of private fundraising efforts for restoration, maintenance, and future activity. The committee also explored establishing a community-based, private historical foundation with the objective of establishing a fundraising entity in support of preservation of the Bidault House. Attached is the Historic Bidault House Reuse Summary Report that includes eight options for reuse along with recommended repairs and landscaping improvements for the refreshing of the property. The Historical Preservation Committee submits the report for the City Council's review and consideration. Attachments 1. Bidault House Re-Use Summary Report City of Colleyville Page 1 �l7 Y �F �' COLLEYVILLE ' � X A S HISTORIC BIDAULT HOUSE RE-USE SUMMARY REPORT October 16, 2012 - �� v�-�. �'"r. �� Significance & History of Bidault House The Bidault House is located at 1416 Glade Road. It is the only existing homestead in Colleyville to receive a Texas historical marker; it was recorded as a historic landmark by the Texas Historical Commission in 1980. Designed and built by French native Anthelm Bidault (1862-1951), construction on the house began in 1905 and was completed six years later. Concrete blocks were used to build the house; the blocks were made with molds ordered from a Sears Roebuck and Co. catalog. Bidault's farm, as the property was known then, was noted for its orchards, berry fields, and vineyard. During World War I, French soldiers stationed at Camp Bowie in Fort Worth made regular visits to the Bidault home, which the family referred to as °Chateau Bidault." The home was last occupied by former Colleyville City councilman Jim Moore, a descendant of Anthelm Bidault. Architectural & Site Evaluation The Historical Preservation Committee members have been working with Gary Neil Smith, president and executive director of Dallas Heritage Village at Old City Park, to provide expertise on this project. Mr. Smith has more than 30 years of executive experience in acquiring, renovating, and maintaining historical structures for public use. Dallas Heritage Village is home to the largest collection of 19th century pioneer and Victorian homes, and commercial buildings in Texas. The following evaluation and recommendations as to the care and maintenance of the house and some of the options for re-use were developed under his guidance. The Bidault House shows a mixture of architectural styles commonly found at the turn of the last century. It is basically in the bungalow style, but has elements of the craftsman style, and most notably, the classical revival personified in the white porch columns and the °widow's walk" on the roof. The original garage of the house, with its sloping exterior walls, is also in the bungalow style. �_��.,a�► �.�� " ` � , �-� �-�` ; �� _ it �- ` �„ �� ''-�� '�-�1',��. :� � - _ " ._ �-- - ; :�� ,.!;'=r� . 'i � ��++'� . ' ' . � ;�� .. ... �.. ^ �. ;i �.irn'. .s�... . �. c�M i�. '�:5� �� .�-.�'t� . C _� ��"T�°� -� �I.�J . .�. `'��! � I, '��- ��- .�.�i�i" . +i y� _ - ?' �, �� =��w'�.�t.��► . The house is constructed of molded concrete blocks on a stone foundation. In an era where wooden houses frequently burned down, concrete was valued for being fire proof. Plus, homeowners could make these blocks themselves. Sears sold molded concrete block kits to the public, and the Bidault House blocks were constructed from a Sears' kit. Adaptive Reuse Concepts The Historical Preservation Committee, with the assistance of Mr. Smith, considered several public and private uses for the Bidault House. Probable costs, based on similar projects, for each option are provided as guidelines. If one of the options is chosen as a course of action, the next steps would be to develop a detailed budget and timeline for that option. It should also be noted that for all public uses, the City's annual costs to maintain the grounds at the current level and today's pricing will remain at $3,500. In addition, removal of the "modern" garage is recommended regardless of any option. This probable cost, depending on the structural attachment of the garage addition to the house, could range from $18,000- $25,000. Public Uses Option 1: House Museum The Bidault House could be turned into a historic house museum, restored, furnished, and opened to the public for tours. Under this scenario, the house could either be operated by the City of Colleyville or run by or in cooperation with a private non-profit organization. House museums are the most common type of museum in America, and there are literally thousands. They are also one of the hardest types of museums to fund and operate. And, very few can be self-sustaining. Unless a house museum is strongly associated with a well- known person or event, it is difficult to get more than a few thousand people a year to attend. Add some special events around the holidays, offer school tours, and be available for weddings and private parties, and the museum will do better, but still not be self- sustaining. Analysis: The Bidault House is not a good candidate for a historic house museum. The house exterior is relatively intact and, with the exception of the garage addition, seems to have escaped significant alterations. The interior, however, shows the result of continuous use and occupation up until the present. The original floor plan is mostly intact on the first floor, but few original features remain. The house would likely have had plaster walls, but at some point the entire house has been sheet-rocked. What was likely the original kitchen is now an enclosed porch, and the present-day kitchen may well have been a bedroom at one time. In the downstairs rooms, 1970s paneling, carpeting, and floor tiles predominate. The upstairs was likely an unfinished attic originally, but a staircase was added to the front hall, and some small rooms and a bathroom were added, again in a 1970s decor. To make this house into a house museum would require wholesale removal of most of the interior. Even if the house was made as a house museum "as is," there are no furnishings associated with the house and the family that lived in it. Furnishings of the time period would have to be assembled and the house set up as a 1905 house, with a 1970s interior. Probable costs to refresh the house (lower level) and grounds: $225,000. (There may be additional costs associated with bringing the building fully compliant with current building codes. For instance, if the building were to require a sprinkler system, that would be an additional cost over the probable cost provided here.) In addition, operational costs would need to be considered to use the house as a museum and would vary depending on staffing levels and hours. Option 2: Education program/event space The house could be used for educational programming and small public events of a historical or cultural nature based on programs developed by City of Colleyville staff or on a contract basis with area museums or museum professionals. Analysis: Although the Bidault House does not make a good candidate for being a full- fledged house museum, it would be certainly be possible for a history museum educator to design and implement historical programs using the house as a venue. For some types of programs, the house and grounds would actually work very well. Examples of possible options include the following: Children's programming/school tours: A museum educator could conduct research on the house, family, and surrounding community and then, coupled with artifacts commonly found in many history museum collections, be able to put together a basic program on early Colleyville history that local school children could participate in. It could be hands-on in nature, and invite the participation of kids. The house itself, and in good weather, the outdoors, could be utilized in this fashion. Heritage Festival: Once a year, the house and grounds would lend itself to a Colleyville Heritage Day festival, where historic crafts, demonstrations, food and drink, music, and small exhibits could be featured. All of this could be done on a theme of celebrating Colleyville's heritage. The front yard of the house would work well for this, and the house's downstairs rooms and front porch could be used, as well. Christmas Holidays program: Holiday programs that celebrate the holidays of different cultures are very popular, and the Bidault House could be used for this type of program. The house exterior could be decorated for the season, and different non-profit organizations might decorate individual areas of the house, using them to promote their own organizations. Refreshments, children's crafts, and musical entertainment could be staged on the front porch or in the front and side yards. Lecture Series: A series of two to three lectures could be put together and held at the house. In truth, lectures don't draw large audiences, but a small series, staged in the house for 20-30 people, and focusing on topics of history, house preservation, antiques, etc. would be a good use of the house. Serving beverages and light snacks before or after this type of program, to provide a social aspect to the venture, would help to make them more popular. Probable costs would be similar to Option 1 to refresh the house (lower level) and grounds: $225,000. Operational costs for each use option would vary. Option 3: Meeting Space/Community Center The Bidault House could be operated by the City of Colleyville as a public meeting space, available to groups on a reservation basis to hold meetings and/or rented to organizations and private citizens for parties, picnics, family reunions, etc. Ana/ysis: The Bidault House might lend itself to being an all-purpose meeting and rental space. Under this scenario, the house exterior would be restored to its original appearance and the grounds would be renovated with native Texas plants and limited seasonal plantings. The interior would be refreshed with new paint and flooring, and the bathrooms and kitchen would also be updated for public use. The house could then be ready for use by any number of functions: civic clubs such as Rotary or Lions Club; craft and art classes by private teachers; wedding receptions, family reunions and picnics; small art exhibits. The house could be used for small art exhibits very nicely. There are numerous examples of historic buildings that have been successfully adapted into non-historical uses. Probable costs would be similar to Option 1 to refresh the house (lower level) and grounds: $225,000. Operational costs would vary depending on staffing levels and marketing costs to promote the space would also need to be considered. Private Uses Option 4: Lease to non-profit organization or private business The house exterior and grounds could be restored so that the City's preservation intent is honored, and then the building could be leased to a non-profit organization. Analysis: After the house is "made ready" the City of Colleyville could make the house available for lease to a non-profit organization. Again, the house's preservation would be assured, but the house in this case might generate some lease income to help defer the cost of the City's ownership. The City would need to establish guidelines as to what type of business would not be permitted. Probable costs would be similar to Option 1 to refresh the house (upper and lower level) and grounds: $225,000-300,000. Option 5: Sell to private non-profit organization with preservation covenant The house could be sold, with a restrictive easement placed on it so that there would be restrictions on what changes could be made to the exterior. Analysis: The City of Colleyville could sell the property but attach a historic covenant or easement to the property, protecting the outside appearance of the building. The Galveston Historical Foundation has followed this practice for years on a number of buildings that it owned on the historic Strand. This option would need to be thoroughly vetted with the city attorney or other legal expert. This option does not incur renovation or'�refresh" costs and is, therefore, the most cost- effective. Costs for legal fees and for marketing the property for sale, as well as any considerations required by a buyer, would need to be considered. Public/Private Use Option 6: Develop a community tour (grounds only) of the Bidault House and combine with the sale or lease of the property to a non-profit organization or private business Changes to the interior of the home have relegated the historical significance of the Bidault House to the home's exterior. This option would utilize only the exterior of the home by using historical photographs as °window murals" and quick response codes to provide historical information. In combination with this, the home could be sold or leased to a non- profit or private business. Analysis: This would expand on the historical objectives of the preservation efforts while providing an option to keep the building in use. Probable costs associated with refreshing the exterior of the house, and creation and development of "window murals" is $125,000-$150,000. Additional Ontions Option 7: Maintain the Bidault House ��as is," partner with community groups for upgrades The Bidault House has long been a landmark in Colleyville. The house remains structurally sound and could be left in its current state for some time, with some basic cleanup activity. Analysis: This provides the most cost-effective option for the City, yet still preserves the Bidault House as a historical landmark in Colleyville. No additional costs beyond the current maintenance costs are associated with this option. Option 8: Complete historical renovation of both interior and exterior to restore it to its original period. This option would entail extensive renovations to the entire property with the objective of restoring the home to its original period, including removing all sheetrock and drywall from the interior to be replaced by historically accurate bead boards, restoring hardwood floors, repainting inside and outside, constructing an exterior restroom for public use, ADA compliance, and bringing the house up to current building codes by installing new electrical and plumbing, and retrofitting doors and windows. This option could also include construction of a 25,000-square-foot parking lot with up to 15 spaces. Analysis: This is the most expensive option available, but it would allow for any of the future uses suggested in the other options. However it does not address future uses for the home nor account for any costs associated with those uses, including period furniture or promotional activity, such as signage or displays. Probable costs for a complete historical renovation are anticipated to be $775,000. Funding Options & Community Involvement Public funding opportunities are limited. While private contributions are a possibility, realistically it is unlikely that private contributions will substantially offset any of the probable costs associated with the options presented here. While the Historical Preservation Committee has explored several opportunities for fundraising events, the costs associated with producing such events would markedly reduce any funds that might be raised. The best opportunity for funding any option is through historical preservation grants, many of which are offered through the state's Historical Preservation Commission. However, multiple grants would need to obtained at each stage of the process and, as the majority of grants are offered only as matching grants, a private fundraising entity, such as the Colleyville Historical Preservation Foundation, would need to be established or reestablished to allow for some fundraising activity. Some of the rudimentary work on the grounds and house could be accomplished through partnership with local community groups, such as the Colleyville Garden Club, Keep Colleyville Beautiful, and the Rotary and Lions Clubs. In addition, student groups seeking community service projects could also be utilized. In addition to performing some of the essential tasks associated with preserving the Bidault House, partnering with community and student groups could give the community a sense of "ownership" and investment in this historic landmark. Recommended Repairs and Landscaping Improvements (Refresh Only) If the house is to be used by the general public, an architect versed in ADA regulations should be consulted as to what modifications might be needed to guarantee public access. Initial research shows that most ADA attention will be put on gaining access to the house, as in devising a ramp to get in one of the doors, perhaps a back door. ADA regulations are most interested in how people would get from their automobile (meaning an accessible space); how they will travel from the automobile to the house (meaning an accessible walkway---not necessarily concrete, but flat and stable); and then how they will get up steps and through a door. Historic houses get lots of leeway on other issues. For example, historic doorways are too narrow by modern ADA standards, but historic houses open to the public are not required to widen their doorways. However, access to the interior of the house and possibly to any bathrooms in the house that may be used by the public will likely be required. Early photos of the house indicate that the main body of the house was not painted, with only the window lintels and sills (concrete) and the window sashes (wood) showing white paint. It is not known when the entire house was painted white, but it appears the existing paint was applied many years ago. Given that the existing white paint is adhering well on most of the house, the cost and trouble of removing the paint would be counterproductive. � �� ; v� '- � �_T_� ' The exterior of the house is molded concrete block with mortared joints. In general, both the blocks and the joints are in good condition. There are areas where the mortar is loose and will need to be repaired, and there are a few areas of the house where the paint on the blocks will need to be scraped and primed—this was noted primarily on the front porch, around the columns. Some window frames and sashes are in good condition and will only need to be painted; others will require scraping, priming, caulking, and possibly some minor repair. As a first step the entire house should be washed with water and bleach. Gentle scrubbing with a brush should remove most of the dirt and help identify what areas will need further work. There is no need to either sand blast or power wash. The entire house should then be painted white, other than the porch ceiling (see recommendations below). Window sashes and frames should be painted white. It appears that only the screens and screen doors should be painted black to conform with the original state of the house. Additional Recommendations Front porch/south side: The front porch floor should be cleaned. Gray paint on the west side of the porch should be removed by scraping, and if needed, paint remover. Loose concrete should be repaired so that the entire floor is smooth and safe, but care should be taken to retain the original cross cut lines in the concrete. Porch Ceiling: The porch ceiling is made of pressed tin and it shows signs of paint failure and rust. The ceiling should be cleaned, and loose paint should be wire brushed so that the surface is stable. The rust can be stabilized with a commercial liquid rust stabilizer before a final coat of paint is applied. The porch ceiling is currently painted white. It was common in southern states to paint porch ceilings a light blue, but either leaving it white or painting it blue would be acceptable. East Wall: The east wall of the house appears to be in the worst condition. The lower walls are stained a reddish brown, most likely resulting from roof run-off splashing on the red dirt. Most likely, this can be scrubbed off with bleach. The window sashes also show a great deal of flaking paint and will have to be scraped and possibly repaired; some window glazing is missing and will need to be replaced. Back Porch: The back porch is composed of stacked stones and concrete. The structure appears relatively solid, but it should be carefully examined and some stones will need to be re-morta red. North Wall: There is general agreement that the garage should be removed, and this should be one of the first things done. An initial inspection seems to indicate that the garage was simply attached to the house, but no walls were taken out or compromised. If the City pursues demolition, this is something that should be verified. Ideally, the removal of the garage should not have to result in any reconstruction of the house, beyond removal of the concrete pad. West Wall: The west wall is in relatively good condition and should require mostly cleaning and repainting, along with some minor repair. Roof: The roof appears to be in workable condition, and the flashing is still shiny and undented. There is no evidence of leaks inside the house on the second floor or inside the attic. There are four dormers and a"widow's walk" on the roof. The four dormers should be cleaned, scraped and painted the same as the other windows on the first floor. � �� i a� � � ��r � . � � Widow's Walk: The current widow's walk is a fairly modern approximation of a widow's walk, but a very poor one that actually detracts from the appearance of the house. This may be one area that deserves a real restoration. Early photographs of the house show a proper widow's walk with spindles, balustrade, and even four lighting rods on the four corner posts. Every effort should be made to duplicate the appearance of this original feature. Original garage: The original garage on the west side of the house should be cleaned, repaired as necessary, and repainted. The roof should be examined, since it appears to be a sloping flat roof, and these types of roof depend on drainage pipes (several are visible on the north side) staying free from leaves and branches. Attached garage: The attached garage should be removed as a first step in work on the house. The garage is deteriorated and would require significant repair for continued use. Removing the garage will restore the original architectural lines of the house, presenting a more pleasing and accurate appearance. Landscape Recommendations The main goal for a landscape project for the Bidault House is to make grounds that are pleasing in appearance, relatively easy to maintain, and make use of period and regionally- appropriate plants. Little is known about the original landscaping. The few historical accounts refer to the gardens, vineyards, and orchards on the property. Most of this land is no longer part of the property, but there are still a few acres of land surrounding the house that can be made much more attractive. There are physical clues to the old gardens that can serve as a starting point for renovating the grounds. Starting on the eastern perimeter of the property fronting Glade Road, there is what looks like a gate post near where the driveway to the original garage is located. Stretching to the west, there is a line of trees that may represent an original fence line. Rounding the corner at Glade and Bluebonnet roads there is a pump house, on top of which might have been a windmill or tank. Rounding the corner down Bluebonnet is a thicket of some mature trees, and lots of underbrush leading to a side driveway. Scattered throughout the front yard are a variety of mature trees, including pecan, pine, and maple, There are indications, both from the amount and placement of gravel, and the depression of the land, of a driveway that curved in front of the house. It is possible that it was a circular drive with an exit from the side of the property was part of the original property. In fact, a circular driveway to the front of the house is plainly visible in one of the historic photos of the house. Front yard recommendations: Consider building a fence to define the property. This would be visually pleasing, help to identify the property as something special to the many cars that go by, and would restore some of what was almost certainly the original look to the property. Since there appear to be no photographs of the house that show the property's fence, some conjecture might be necessary. For a house of this period, a picket fence could be appropriate, although since this was a rural house a more simple board fence would also be appropriate. For the sake of practicality of maintenance, a board fence would also be easier to maintain, not to mention less expensive to build. Again, the row of mature trees fronting Glade Road seem to represent an earlier fence line, so this can be a rough guide to where a new fence should be built. Since the house has a Texas historical marker, all changes to the grounds and fa�ade will be coordinated with the Texas Historical Commission, if it is the City's intent to retain the state historical designation. Below is an example of a simple board fence. Efforts should be made to reestablish the driveway by laying new gravel back to the original garage. From the appearance of the gravel that remains on the property, this was a crushed red stone. Some of the old flower beds have the red sandstone that is commonly found in some areas of Tarrant County and areas west of Fort Worth. Perhaps this old gravel came from such an area. If this kind of gravel is not available, the use of decomposed red granite could be considered. Most of the trees in the front are worth keeping, but need to be pruned. Front Planting Beds: The front of the house shows evidence of a driveway or turn around leading to the original front walk. The front walk is flanked by two triangular flower beds, evidently original. Four urns, all of which are still on the property, were placed in the front and featured plants. The areas on either side of the steps have some very old yucca plants, and then a collection of more modern nandina and holly bushes. i � f k �� i� . �� j °� ,� ?�,�y � �� ' � �F, � �,� , - ��s* . � - � . `' - �� , , - s, �� ` ��' � �r �` �_ ^ . : , �'�+ _ � '� - —� - ��--;';`4. - � -- - � :..iC— = •, r�r'�%s.. � �`- - �,� �'/� o .� � � . r � i'� �s � �-•� �. � ;i- �� .. j . _ � �.� �Yar. . � f ' Zx � ��. �� -, "�#, t . 1 _ � + -.' i �•`"� -, K � � + 7 �" � ,-� � • "�1 X � � �.� � x^ ,. �'4 As the front of the house is most important to the overall appearance of the house, the recommendation is that front triangular beds should be prepared and planted, perhaps with a hardy perennial like iris and/or day lily. The photo above shows what appears to be grass in these beds, and may have been intended as a grass buffer between the house and the gravel driveway. The urns, which are still on the property, should ideally be relocated to the front and planted with native plantings to reduce needed care and maintenance. The areas on either side of the steps should be cleaned out and the soil prepared for planting. The yucca plants on the corners should be left in place, because they appear to be very old, but the nandina and holly should be removed. This area might also feature iris or day lily, or other perennial plants that can be relatively easily maintained. West Side: This area has some original features that are still visible, including a small red stone rock-bordered bed and a small retaining wall near the attached garage north wall constructed of the same molded concrete blocks as the house. There is also a brick walkway near the garage that appears to be fairly old, and a newer, less well-laid brick walk closer to the front of the house. Bordering the entire wall is a boxwood hedge. . �, :�;'�'' _ �'� „��c��,�"' ` , ,.� ��^� .�... «a �� _ ,� � � � ,, �-,• .,� � r , ,�,r u � �.,�� x��_. �' � ,r,:�* � - �: ,.� ,��`r;� �►; ; �.s- � '..�. � �� . . r: � �. -4 �' �� M � � �� r � �.-� � .;,,a"y�'��1� .a. ��-�,- ' �� , ;"`' .. ,: : , 4`�'�'' ��:iSKa,,� � �� ' S �'� ' -� � -eaiiy - 4 • . . � ., _ � '� r �r �� . p � � . �� I►�p ;+ :_ � � .�.� �., r` � �- , ;��, 3�'. . '' r'b:,�e�'`::i :..,�; �� . f�-zR '� —l� '�?�;�. ""'"`�' =: . The newer brick walk should be taken up and possibly replaced with something like decomposed granite. The small stone bordered bed, which has a few iris and day lilies, and signs of some other native plants, should be nurtured, restored, and further planted with appropriate plants. The boxwood hedge on the side of the house should be trimmed down to roughly half its present height. East Side: The chain link fence should be removed. And the dead limbs trimmed from the trees, especially the large cottonwood with large dead branches hanging over the house. In addition, removing or cutting back the Vitex shrub (near the chain link fence) and the crepe myrtle that is growing very close to the house is recommended. Something should be planted along the drip edge of the house. Water currently runs off the roof, hits the red dirt, and then splashes up on the house, discoloring the walls. Laying sod along the drip line might suffice or establishing a bed or planting a row of boxwood. The easiest and most cost effective measure, and perhaps the most historically accurate, woulc be to lay a line of Bermuda grass sod. Back/North Side: The removal of the garage will be the major project on this side of the house, and will leave a concrete slab and other remnants that should be removed. The row of dead boxwood near the northeast corner also should be removed. Most of the trees in the back yard are in need of trimming. There are some suitable trees, including a Catalpa tree, that will look good once the dead branches are trimmed. There is a mulberry tree near the back of the garage that is basically dead, and is mostly producing suckers at this point. It should be removed. Back Lot: This area also has several trees that should be trimmed and a chain link fence should be removed. The raised bed constructed of railroad ties and covered in plastic should be removed. This area is a nice space and should be integrated with the rest of the house and yard. It should be kept up and trimmed so that it enhances the rest of the grounds. LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-3 Type Pre Council Department Communi Title Discussion of the development found Development Code City of Colleyville City Council Agenda Briefing Agenda Date 10/16/2012 Development City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com sidewalk construction and escrow requirements related to new in Chapter 9-Subdivision Design and Public Facilities in the Land Explanation Given the amount of time that has passed since the most recent amendments to the City's sidewalk construction and escrow polices, and Chapter 9-Subdivision Design and Public Facilities in the Land Development Code, the upward trend of new residential construction, and recent concerns voiced about the current sidewalk regulations, the purpose of this item is to discuss the City's current sidewalk construction and escrow policies and regulations, and how they relate to new development. The City's current sidewalk standards were adopted on March 3, 2009 by the City Council. The 2009 amendments were a culmination of numerous meetings by the Sidewalk and Trails Committee that resulted in the creation of the attached Supplemental Sidewalk System Map, and the subsequent amendments to Chapter 9- Subdivision Design and Public Facilities in the Land Development Code. The amendments to Chapter 9 included the following: (1) Escrowed sidewalk funds were allowed to be utilized for sidewalk construction in other areas within the larger neighborhood where the funds were initially escrowed. These neighborhoods were based upon the six neighborhoods identified in the 2004 Master Plan (Colleyville Sidewalk Escrow District Neighborhoods - 2009 attachment). The district boundaries were chosen, because they ensure that any new sidewalks constructed with escrow monies collected under this policy would be located within reasonable proximity of the specific property for which the escrow funds were collected. Additionally, the neighborhood boundaries identified in the Master Plan do not subdivide any homeowner's association boundaries, thereby keeping the district boundaries consistent with established neighborhood boundaries. The purpose for this change was to allow the City more flexibility in constructing sidewalks based upon needs in any given neighborhood given the limited availability of construction funding for sidewalks. Prior to this amendment, escrowed funds could only be spent on sidewalk construction directly adjacent to the lot for which said funds were escrowed. City of Colleyville Page 1 City Council Agenda Briefing (2) Prioritization of new sidewalk construction is now soley based upon the recommendations of the Supplemental Sidewalk System Map. (3) Establishment of the Planning and Zoning Commission as the appellate body for consideration of any sidewalk waiver requests. The following is a more detailed description of the 2008 and 2009 amendments: The Supplemental Sidewalk System Map was adopted as the policy guide for new sidewalk construction in the City. The map details where new sidewalks and trails should be built in the City, with recommendations for every street. Also shown on the map are recommendations on where, in lieu of sidewalk construction, funds may be escrowed instead. Upon the recommendation of the Sidewalks and Trails Committee, the City Council approved the Supplemental Sidewalk System Map on November 18, 2008. The Supplemental Sidewalk System Map serves as the first comprehensive, Citywide sidewalk construction planning document for Colleyville. Upon approval of the Supplemental Sidewalk System Map, as the final step in the process of amending the City's sidewalk standards, staff then brought forward amendments in 2009 to the actual sidewalk construction regulations found in Chapter 9-Subdivision Design and Public Facilities in the Land Development Code. Prior to this point, Chapter 9 had always required that sidewalks be constructed prior to completion of any primary structure. However, on March 3, 2009, Section 9.19 was amended to read as follows: "General Sidewalk Requirement - Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code." As mentioned above, one of the other changes adopted at this time involved moving the appeals process from the City Council to the Planning and Zoning Commission. City of Colleyville Page 2 City Council Agenda Briefing One of the reasons for this change was to place specific, stand alone appeals requests in the hands of a subordinate board or commission that would effectively reduce the amount of appeals requests being placed on City Council agendas. This is similar to many other appeals processes in the Land Development Code such as waivers to tree preservation, landscaping, signage, etc. In this case, it was decided by the City Council that the Planning and Zoning Commission would be best equipped to consider sidewalk appeals, and that their decision would be final. Therefore, the decision of the Planning and Zoning Commission cannot be appealed to the City Council in terms of any sidewalk waivers. The Supplemental Sidewalk System Map serves as the policy document that the Commission reviews when making a decision on whether to grant a waiver request. Therefore, much like the Future Land Use Map in the Master Plan serves as a policy guide for land use decisions, the Supplemental Sidewalk Map serves as a guide to the Planning and Zoning Commission in hearing specific appeals requests. Waiver Request History. Between 2000 and March 3, 2009, the City Council considered 21 sidewalk waiver requests. Of those requests, nine were denied and 12 were approved. Since March 3, 2009, the Planning and Zoning Commission has considered 10 sidewalk waiver requests. All 10 requests were denied by the Planning and Zoning Commission. However, of those 10 cases, four were allowed the option of paying funds into escrow in lieu of construction. Two of the waiver requests denied by the Planning and Zoning Commission without any option for escrow include 1916 Renfro Road and 800 Beverly Drive. These requests were denied by the Commission on September 9, 2012. Given concerns voiced over the current sidewalk policy by the applicants in both of these cases, any punitive action, related to ensuring that the required sidewalks are built, has been suspended pending City Council discussion of this item. Regarding any potential policy changes or amendments to the current sidewalk regulations, the City Council's options moving forward are as follows: - Direct staff to bring forward specific amendments for City Council consideration; - Provide a policy directive to the Planning and Zoning Commission in considering future sidewalk waiver requests; - Notwithstanding any of the above options, provide direction to City staff on the status of the waiver requests mentioned above that were denied by the Planning and Zoning Commission. Attachments 1. Supplemental Sidewalk System Map 2. Colleyville Sidewalk Escrow District Neighborhoods - 2009 City of Colleyville Page 3 Colleyville Sidewalk Escrow District Neighborhoods - 2009 � � � Y� � � :; �G� i i gn � ,�� ;�� — ;� a% ��= x_ � ��- , _� }_: 3� �;� � � �;� '�� o y �� . : � ;� ;� - .0 � s., Neighborhood 6 s i� .. Neighborhood 5 j� �.� . � � � .� - -_� �� r�j�. y '� r_ ' �� C��.� � a:� � Neighborhood 4 � � � �. . � �: :� . Neighborhood 3 Neighborhood 2 �� m � = �. C'o,�1��;y�---��r----11 e _='i=_ �.. Neighborhood 1 �a �� ' � 4 t �rv ��r �� 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 10/16/2012 Title Discussion of changing the dates of regular City Council meetings City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of 2013 City Council meetings as follows: The first regular City Council meeting of January 1, 2013, to Wednesday, January 2 or Tuesday, January 8, 2013, due to the New Year's Day holiday. The first regular City Council meeting of October 1, 2013, to Wednesday, October 2, 2013, due to the National Night Out event. Although the rest of the country celebrates National Night Out during the summer, Texas has special permission for an alternate date in the fall. Attachments City of Colleyville Page 1 LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-5 Type Pre Council Department Finance City of Colleyville City Council Agenda Briefing Agenda Date 10/16/2012 Title Presentation of the Monthly Financial Report - September 2012 Explanation General Fund City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com The Monthly Financial Report for September reflects year-to-date revenues and expenses through the end of September, however, the financial statements will not be final until all year-end entries and adjustments have been made and reviewed by the auditors. The percentage of current year taxes collected for Fiscal Year 2012 was 99.38%, a 0.30% increase over last fiscal year's collection rate of 99.08%. That collection rate is the highest collection rate in Colleyville's history. Sales tax revenue received in September 2012 was up 16.64% or $33,328 from the revenues reported for the same time period last year. The primary reason for the increase is the inclusion of prior period collections totaling $28,979. If the General Fund portion of the prior period collections for September 2012 and September 2011 ($10,115) are excluded for comparison purposes, the September 2012 sales tax revenue is up 7.6% ($14,464) over September 2011 revenues. For the 2012 fiscal year, General Fund sales tax revenue is up 8.43% or $180,982. Per governmental accounting rules, sales tax revenue received in October 2012 and November 2012 is recorded as FY 2012 revenue. The October sales tax is included, however, November numbers are not reflected in the attached report. Five new residential building permits were issued in September, bringing the total number of permits issued this fiscal year to 155, an increase of 51 over last fiscal year. Ambulance collections exceeded budgeted projections and finished ahead of last fiscal year by 4.18%. Colleyville Center also finished the fiscal year ahead of budget by $10,329. The average amount expended by the General Fund departments at the end of September 2012 is 95.16% of the total appropriation, versus 96.52% which was projected to be spent. Utility Fund Water usage decreased as compared to the amount sold through September 2011 due to an increase in rainfall. The average amount expended by the Utility Fund departments at the end of September 2012 is 106.65% of the total appropriation, City of Colleyville Page 1 City Council Agenda Briefing versus 99.34%, which was projected to be spent, due to TRA purchases of treated water and wastewater. Attachments 1. September 2012 Monthly Financial Report City of Colleyville Page 2 MONTHLY FINANCIAL REPORT - SEPTEMBER 2012 GENERALFUND FY 2012 REVENUE SOURCE BUDGET Current Taxes $10,459,902 Delinquent Taxes 63,000 Penalty & Interest 57,000 TOTAL AD VALOREM TAXES $10,579,902 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permit Gas & Oil Well Permit Fee TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $919,133 115, 000 355, 000 90, 000 40, 000 122, 000 270, 000 $1,911,133 $2, 580, 550 60, 750 $2,641,300 $360, 000 43, 257 28, 868 37, 568 37, 372 55, 207 3, 372 800 5, 463 3, 500 6, 500 13, 660 0 $595, 567 $795, 000 70, 000 23,124 $888,124 RECEIVED AS O F 9/30/2012 $10, 622, 072 105, 989 83, 207 $10,811,267 $1,024,876 118, 281 333, 098 86, 852 82,212 146,181 415, 963 $2, 207, 461 $2, 545, 266 65, 808 $2,611,074 $706,421 78, 329 48,621 68,491 45,917 118, 622 5, 689 577 6, 884 5, 050 8, 975 19, 547 0 $1,113,123 $906,668 52, 948 24, 922 $984,537 PROJECTED AS O F 9/30/2012 $10, 459, 90 63, 00 57, 00 $10, 579, 90. $919,133 115, 000 355, 000 90, 000 40, 000 122, 000 270, 000 $1,911,133 $2, 580, 550 60, 750 $2,641,300 $360, 000 43, 257 28, 868 37, 568 37, 372 55, 207 3, 372 800 5, 463 3, 500 6, 500 13, 660 0 $595, 567 $795, 000 52, 500 23,124 $870,624 RECEIVED AS O F 9/30/2011 $10,182, 430 130,136 103, 889 $10, 416, 454 $864,130 120, 249 381,513 99, 534 51,167 124, 649 390, 025 $2,031,268 $2, 642, 996 80,731 $2, 723, 727 $536,534 60,124 37,811 48,721 40, 472 90, 790 4, 935 677 7, 486 3, 700 7, 250 15, 090 70, 000 $923, 592 $860,707 60, 425 25, 850 $946, 982 PERCENT CHANGE 4.32% -18.56% -19.91 % 3.79% 18.60% -1.64% -12.69% -12.74% 60.67% 17.27% 6.65% 8.67% -3.70% -18.49% -4.14% 31.66% 30.28% 28.59% 40.58% 13.45% 30.66% 15.27% -14.79% -8.04% 36.49% 23.79% 29.53% -100.00% 20.52% 5.34% -12.37% -3.59% 3.97% MONTHLY FINANCIAL REPORT - SEPTEMBER 2012 REVENUE SOURCE Re-zoning Plat Fee/Site Plan Board of Adjustment Sale of Material Weed Mowing Animal Impoundment Ambulance Recreation Program Non-Resident Fee Parks Field Use Charge Engineering & Inspection Colleyville Center Rental Lot Drainage Insp Fee TOTAL CHARGES FOR SERVICE SRO Officer Reimb TOTAL INTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTALTRANSFERS FY 2012 BUDGET $3, 690 2, 000 1, 250 300 4, 000 2, 000 255, 000 157, 525 36, 570 23, 870 0 220, 000 10, 250 $716, 455 $89, 792 $89, 792 $3, 000 35, 000 45, 000 67, 466 $150,466 $901, 829 $901, 829 RECEIVED AS O F 9/30/2012 $11,635 7,410 3,125 105 7, 900 1, 420 319, 796 199, 391 36, 644 22,110 12, 424 230, 329 20, 000 $872,290 $89,793 $89,793 $12, 969 43, 904 66, 074 70, 040 $192,988 $1,081,868 $1,081,868 PROJECTED AS O F 9/30/2012 $3,69 2, 00 1,25 30 4, 00 2, 00 255, 00 157, 52 36, 57 23, 87 220, 00 10, 25 $716,45 $89, 792 $89, 792 $3, 000 35, 000 45, 000 67, 466 $150,466 $901, 829 $901, 829 RECEIVED AS O F 9/30/2011 $7, 892 5,123 2, 000 343 7, 900 2, 632 306, 959 189, 891 31,470 23, 860 0 245, 749 14, 875 $838,693 $89,793 $89,793 $7, 098 60, 855 55,111 67, 400 $190,464 $858, 879 $858, 879 PERCENT CHANGE 47.42% 44.66% 56.25% -69.24% 0.00% -46.05% 4.18% 5.00% 16.44% -7.33% 100.00% -6.27% 34.45% 4.01 % 0.00% 0.00% 82.73% -27.85% 19.89% 3.92% 1.33% 25.96% 25.96% TOTAL GENERAL FUND REVENUES $18,474,568 $19,964,401 $18,457,068 $19,019,852 4.97% MONTHLY FINANCIAL REPORT - SEPTEMBER 2012 FY 2012 THROUGH THROUGH BUDGET 9/30/2012 9/30/2011 , OF CURRENT TAX ROLL COLLECTED 98.5% 99.38% 99.08% ESIDENTIAL BLDG PERMITS 108 155 104 OMMERCIAL BLDG PERMITS 7 7 7 ITATIONS ISSUED 12,250 11,980 11,678 ITATIONS APPEALED 3 0 0 GENERAL FUND EXPENSES City Council City Manager City Secretary Finance Legal Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Senior Center Street Maintenance Library Communications Colleyville Center Human Resources Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Strategic Initiatives Fund Transfer Performance Pay TOTALEXPENSES FY 2012 BUDGET $210, 226 600, 622 308, 501 430, 357 125, 460 341, 438 330, 702 280, 883 418, 667 3, 894, 756 4,199, 748 1, 445, 086 290, 375 30, 494 2, 618, 942 747, 310 143, 832 360, 480 227, 586 252, 014 208, 689 523, 672 745, 043 281, 000 260, 000 183,115 $19, 458, 997 EXPENDED THROUGH 9/30/2012 $195,456 599, 765 291, 881 430, 257 145, 905 325, 949 254, 216 269, 435 410, 254 3, 885, 929 3, 929, 892 1, 379, 566 261, 244 25, 799 2, 500, 977 726, 935 141,139 315,114 222, 259 249, 272 200, 395 491, 231 732, 950 281, 000 260, 000 49, 006 $18, 575, 825 YEAR-TO-DATE PROJECTED EXPENDITURES 199,714 597, 618 293, 076 426, 053 125, 460 329, 488 314,167 271, 052 412, 387 3, 855, 808 4, 094, 754 1, 372, 832 275, 856 28, 969 2, 487, 995 728, 627 140, 236 342, 456 221, 896 239, 413 203, 472 497, 488 733, 867 281, 000 260, 000 49, 006 $18, 782, 693 TOTAL I NCREASE (DECREASE) 0.30% 51 0 302 0 % OF BUDGET EXPENDED 92. 97 99. 86 94.61 99. 98 116.30 95.46 76. 87 95. 92 97. 99 99.77 93. 57 95.47 89. 97 84.60 95. 50 97.27 98.13 87.42 97.66 98.91 96. 03 93.81 98. 38 100. 00 100. 00 0.00 95.46 PERCENT INCREASE (DECREASE) 0.30% 49.04% 0.00% 2.59% 0.00% BUDGET REMAINING $14, 770 857 16,620 100 (20,445) 15,489 76, 486 11,448 8,413 8, 827 269, 856 65, 520 29,131 4, 695 117, 965 20, 375 2, 693 45, 366 5, 327 2, 742 8, 294 32, 441 12, 093 0 0 134,109 $883,172 MONTHLY FINANCIAL REPORT - SEPTEMBER 2012 UTILITY FUND REVENUE SOURCE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income TOTAL NON-OPERATING INCOME TOTAL INCOME NS OF WATER SOLD UMBER OF WATER CUSTOMERS UTILITY FUND EXPENSES Administration Billing Operations Debt Service Performance Pay Interfund loan repayment Transfer to General Fund TOTALEXPENSES FY 2012 BUDGET $8,719,450 2, 766,184 7, 000 21,000 5, 000 5, 000 172, 285 14, 000 $11,709,919 $20, 300 $20, 300 $11,730,219 FY 2012 BUDGET $223,405 356, 883 9,180, 399 833, 012 23, 574 44, 286 901, 829 $11, 563, 388 RECEIVED AS O F 9/30/2012 $9, 268, 384 2, 786, 789 14, 800 30, 550 1,500 8, 473 208, 850 14, 395 $12, 333, 740 $27, 854 $27, 854 $12,361,594 PROJECTED AS O F 9/30/2012 $10, 930, 34 2, 766,18 7, 00 21,00 1,50 5, 00 172, 28 14, 00 $13,917,31 $20, 30 $20, 30 $13, 937, 61 THROUGH THROUGH 9/30/2012 9/30/2011 2,634,110,300 2,893,725,300 9,285 9,103 RECEIVED AS O F 9/30/2011 $10, 721,138 2, 802, 217 10, 800 27, 630 3, 000 8,418 229, 830 17,101 $13, 820,134 $34, 520 $34, 520 $13, 854, 654 TOTAL I NCREASE (DECREASE) ( 259, 615, 000) 182 EXPENDED YEAR-TO-DATE THROUGH PROJECTED % OFBUDGET 9/30/2012 EXPENSES EXPENDED $222,203 342, 569 9, 857, 927 827, 947 0 0 1,081,868 $12, 332, 513 $222,288 355, 099 9,180, 399 827, 947 0 0 901, 829 $11,487,561 99.46% 95.99% 107. 38% 99.39% 0.00% 0.00% 119. 96% 106.65% PERCENT CHANGE -13.55% -0.55% 37.04% 10.57% -50.00% 0.65% -9.13% -15.83% -10.76% -19.31 % -19.31 % -10.78% PERCENT INCREASE (DECREASE) -8.97% 2.00% BUDGET REMAINING $1,202 14,314 (677,528) 5, 065 23, 574 44, 286 (180, 039) ($769,125) LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-6 Type Pre Council Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 10/16/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Discussion of the October 16, 2012, City Council regular agenda items City of Colleyville Page 1 LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number 1 Type Executive Session Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 10/16/2012 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 551.971 - 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 Attachments City of Colleyville Page 1 RESOLUTION R-12-3548 A RESOLUTION APPROVING CITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 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 16T" DAY OF OCTOBER 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing Agenda Number 3 Agenda Date 10/16/2012 Type Announcements, Proclamations and Presentations Department Citv Secretary City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Proclamation commending Girl Scout Kari Banta, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Megan FitzGerald, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Chloe Holt, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Kylee Kittrell, in recognition of earning the Gold Award - Mayor David Kelly Proclamation commending Girl Scout Loraine McChesney, in recognition of earning the Gold Award - Mayor David Kelly In recognition of Board, commission and committee member's service - Mayor David Kelly In recognition of Colleyville's featured business - B& B Colleyville Cinema Grille and IMAX, Chris Tickner, General Manager - Mayor David Kelly and Economic Development Director Marty Wieder Recognition of Wellness Champion - Mechanic Rick Mosholder - Mayor David Kelly Presentation of the Spirit Award - Mayor David Kelly Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Assistant City Manager and Chief Financial Officer Terry Leake, Finance Manager Karen Hines, Strategic Services Manager Eric Ellwanger, and Human Resources Director Michelle Reyes - Mayor David Kelly Attachments 1. Proclamation commending Girl Scout Kari Banta in recognition of earning the Gold Awa rd City of Colleyville Page 1 City Council Agenda Briefing 2. Proclamation commending Girl Scout Megan FitzGerald in recognition of earning the Gold Award 3. Proclamation commending Girl Scout Chloe Holt in recognition of earning the Gold Awa rd 4. Proclamation commending Girl Scout Kylee Kittrell in recognition of earning the Gold Award 5. Proclamation commending Girl Scout Loraine McChesney in recognition of earning the Gold Award 6. Recognition of Board, Commission, and Committee member's service City of Colleyville Page 2 r CITY OF Colleyville, Texas WHEREAS: Kari Banta has earned the Gold Award, the highest and most prestigious achievement Glrl Scout Seniors and Ambassadors can earn; and WHEREAS, the Gold Award marks the extraordinary efforts of extraordinary girls, and allows them to find the greatness inside themselves, and make a difference by using their talents to positively impact their communities, and reach people around the world; and WHEREAS, Kari Banta and her fellow Girl Scouts worked together on their Gold Award project to revive the Grapevine High School (GHS) Pantry, a facility, which provides essentials to the less fortunate students at Grapevine High School. The girls spent over a year and a half revamping the pantry and raising awareness among their peers of the need to help fellow students on campus. Working with the GHS counselors and teachers, these young Colleyville women helped encourage students and community members to fill the pantry on a weekly basis. WHEREAS, Kari Banta, has not only made a lasting impression on her peers, but also demonstrated the shared value that when the need arises, it is the responsibility of the community to respond. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, congratulate and commend KARI BANTA for this lifetime achievement and encourage her to use the leadership skills she has learned and demonstrated to the betterment of humanity. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of ��d� Colleyville, Texas, affixed this 16`h day of October 2012. Ma w �0=1� � 11 c' �ir•�ir�ll. -_,�� - / CITY OF Colleyville, Texas WHEREAS: Megan FitzGerald has earned the Gald Award, the highest and most prestigious achie�ement Girf Scout Seniors and Ambassadars can earn; and WHER�AS, t�e Gold Award marks ihe extraordinary efForts of extraordinary girls, and allows fi�em ta find tY�e greatness inside th�mselves, and make a difFerence by using theirtalents to positi�ely impact their communities, and reach people around the world; and WHEREAS, Megan FitzGerald and her fellaw Girl Scouts worked together on their Gold Award project to revi�e the Grapevine High School (GHS) Pantry, a fadlity, which provides essentials to the less fortunate students at Grapevine High School. The girls spent aver a year and a half revamping the pantry and raising awareness among their peers of the need to help fellow students on campus. Working with the GHS counselors and teach�rs, ' these yaung Colleyville women h�lped encourage students and community members to Fill the pan�ry on a weekiy basis. WH�REAS, Megan FitzGerald, has not only made a lasting impression on her peers, but alsa demqnstrated the shared �alu� ihat when the need arises, i� is �he responsibility ofthe cornmttnityta respond. NOW, THEREFOR�, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILL�, �'EXAS, on behalf of the Colleyville Cit.y Council and citizens of Colleyville, Congratulate and commend M�GAN FI7ZGERAI.p Por this ]ifetime achie�ement and encourag� her to use the leadership skills she has learned and demonstrateck to the betterment oF humanity. IN WITNESS WHEREOF, I do hereby set m�r hand and seal of the City of _ i�a` Colleyville, Texas, a£fixed this 16 h day of October 2412. Mayor w �.� -�� (,=�1['�y�i 1 c� -_.,�- 1 CITY OF Colleyvil�e, Texas WHER�AS: Chloe Holt has earned the Gold Award, the highest and most prestigious achievemenk Girl Scouk Seniors and Ambassadors can earn; and WHER�AS, the Gold Award marks the extraordinary efforts of extraordinary giris, and allows them to find the greatness inside themsel�es, and make a difference by using their talents to positively impact their communities, and reacE� people around the world; and WHEREAS, Chloe Holt and E�er fellow Girl Scouts worked tpgether on their Go�d Award project to revive the Grapevine High 5chool (GHS) Pantry, a facility, which provides essentials to the less fortunate students at Grapev9ne Nigh School. 7he girls spent aver a year and a half re�amping the pantry and raising awareness among their peers aF the need to help fellow students on campus. Working with the GHS counselors and teachers, these young Colleyville women helped encourage students and community m�rr�bers to fill the pantry on a weekly basis. WHEREAS, Chloe Holt, has not only made a lasting impression on her peers, but also demonstrated the sharecE value tha� when the need arises, It is the responsibility of the community to respond, NOW, THEREFOR�, Y, DAVIp KE�.1.Y, MAYOR OF THE CITY OF COLLEYVILLE, T�XAS, on behalf of khe Colleyville City Council and citizens of Col�eyvill�, congratu{ate and commend CHLOE HOLT for this lifetime achievement and encourage her ta use t�e leadership ski{Is she has learned and demonstrated to the betterment af humanity. IN WYTNES5 WHER�OF, I do hereby set m� hand and seaE oP the City of ColleyviEle, Texas, affixed this 16 h day of October 2412. �. R� �,,.::-. ..: � � �ci=1� v a=i i e• �ir�.��Al. -�.��- / CITY OF Colleyville, - Texas WHEREAS: Kylee Kittrell has earned the Gold Award, the highest and most prestigious achievement Girl Scout Seniors and Ambassadors can earn; and WHEREAS, the Gold Award marks the extraordinary efforts of extraordinary girls, and allows them to find the greatness inside themselves, and make a difference by using their talents to positively impact their communities, and reach people around the world; and WHEREAS, Kylee Kittrell and her fellow Girl Scouts worked together on their Gold Award project to revive the Grapevine High School (GHS) Pantry, a facility, which provides essentials to the less fortunate students at Grapevine High School. The girls spent over a year and a half revamping the pantry and raising awareness among their peers of the need to help fellow students on campus. Working with the GHS counselors and teachers, these young..Colleyville women'helped encourage students and community riiembers to fill the pantry on a weekly basis. WHEREAS, Kylee Kittrell, has not oniy made a lasting impression on her peers, but also demonstrated the shared value that when the need arises, it is the responsibility of the community to respond. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, congratulate and commend KYLEE KITTRELL for this lifetime achievement and encourage her to use the leadership skilis she has learned and demonstrated to the betterment of humanity. IN WITNESS WHEREOF, I do hereby set m� hand and seal of the City of ��,, Colleyville, Texas, affixed this 16 h day of October 2012. � Mayor �� or � � 7L•xa� r CITY OF Colleyville, � Texas WH�R�AS: Loraine McChesney has earned the Gold Award, �he highest and most prestigious achie�ement Girl Scout 5eniors and Ambassadors can earn; and WHEREAS, the Gold Award marks the extraordinary effarts of extraordinary gir�s, ar�d allows them to find the greatness inside fihemsel�es, and make a difFerence by using their talents to positively impact their communities, and reach people around the world; and WHEREAS, Laraine McChesney and her fellow Girl Scouts worked together on their Gafd Award project �o revi�e the GraPevine High School (GHS) Pantry, a facility, which provides essentials to the less fortunate students� at Grapevine High Sehool. 7he giris spent over a year and a half revamping the pantry and raising awareness among their peers af the need to help fellow students an campus. Wprking with the GHS counselors and teachers, tihese young Colley�ille women'helped enCaurage students and community members to fill the pantiry�an a weekly basis. WHEREAS, Loraine McChesney, has not only made a lasting impression on her peers, but alsa demonstrated �he shared value that when the need arises, it Is fhe resPonsibility of the community to respond. NOW, THEREFORE, I, DAVID KEL�Y, MAYOR OF THE CITY OF COt»�.EYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, congratulate and commend I ��] ;7_1i ��l �l u [T�7:i�Y,r1 �1/ far this lifetiime achie�ement and encourage h�r to use the Eeadership skiEls she h�s Eearned and demonstrated to the hetterment of humanity, ZN WITNESS WHEREOF, I do hereby set m� hand and seal of the City of ��,�, Colley�ille, Texas, affix�d this f 6�' day of October 2012. , , �. �� ' � ,�w;l�� w r.►� '�_ ��)-� � (' 0� V F� [ [". `�,�.J ��,�'� -=.�� In Recognition of Board, Commission, and Committee Members For Years of Service Historical Preservation Committee Cynthia Davis February 2011 - September 2012 Nancy Shepherd December 2008 - September 2012 Letha Siddons December 2010 - September 2012 Library Board Karen Birkes April 2000 - September 2012 Mary Alice Rippe June 2006 - September 2012 Metroport Teen Court Advisory Board Ruth Ann Meek September 2011 - September 2012 Planning and Zoning Commission Ron Rotthaus September 2008 - September 2012 Senior Center Advisory Committee Melanie Damron September 2010 - September 2012 Anne Gifford September 2008 - September 2012 Zoning Board of Adjustment Tracy Doyle December 2009 - September 2012 Michael Dunham October 2011 - September 2012 Jim Gotcher April 2008 - September 2012 Eric Hulet October 2010 - September 2012 Ernest ��Skip" Reynolds September 2002 - September 2012 RESOLUTION R-12-3549 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 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 October 1, 2012 b. Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., for the design of Jackson Road and Cheek-Sparger Road Intersection Improvement Project, in an amount not to exceed $58,060, and authorize the city manager to execute the contract c. Approval of the 2012 Sidewalk Construction Program and authorize the construction of the sidewalks d. Approval to award a janitorial services agreement to CTJ Maintenance, Inc, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $128,000, and authorize the city manager to execute the agreement e. Approval to purchase a replacement sewer inspection camera system through the Houston-Galveston Area Council (HGACBuy), in the amount of $72,507.50, and authorize the city manager to execute the purchasing documents AND IT IS SO RESOLVED. Resolution R-12-3549 Page2of2 APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 16T" DAY OF OCTOBER 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor r,��r''� °n � CCJLLEYVILLE rr.�;�� City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 1, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on October 1, 2012, at 5:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, 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, Economic Development Director Marty Wieder, Marketing Coordinator Heather Gaven, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Human Resources Director Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the insurance requirements found in Chapter 3.1 - Oil and Gas Well Drilling and Production in the Land Development Code Community Development Director Ron Ruthven introduced Mr. Robert Carson, Energy Risk Management Consultant, The Primer Group, and provided information regarding the proposed review of the Oil and Gas Well Drilling and Production insurance requirements in Chapter 3.1 of the Land Development Code. Mr. Carson spoke regarding risk management, insurance and indemnification requirements specifically related to municipal regulation of gas well drilling and production, provided the findings of an initial review of the City's gas well insurance requirements, and answered questions of the City Council. The City Council determined Mr. Carson should review the oil and gas well drilling ordinance, current Titan Operating, LLC contract, certificates of insurance and gas drilling contracts, as appropriate. PC-2 Discussion of designating City representatives for organizations in which the City has a membership City Council determined Councilmember Short would serve as the primary TEX-21 representative and Councilmember Taylor as the secondary representative. City of Colleyville Page 1 City Council Minutes - Draft October 1, 2012 PC-3 Discussion of the October 1, 2012, City Council regular agenda items Discussion ensued regarding agenda item 6a, a request to abandon the right-of-way for Ruth Road related to the history of and reason for the request to abandon the road. There was general discussion regarding agenda item 4b, an agreement with the Texas Department of Transportation for construction of a traffic signal related to the need for a traffic signal, timeline of the pro�ect, and funding. Mayor Kelly ad�ourned the Pre Council meeting at 6:09 p.m. Mayor David Kelly called the regular meeting of the Colleyville City Council to order on September 18, 2012, at 6:10 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, 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, Economic Development Director Marty Wieder, Marketing Coordinator Heather Gaven, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Human Resources Director Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. 1. EXECUT I VE SESS I ON - I n 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 drainage 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, City of Co//eyvi/le Page 2 City Council Minutes - Draft October 1, 2012 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 6:10 p.m. and reconvened at 7:51 p.m. I NVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEG I ANCE: City Attorney Cathy Cunningham 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) N ECESSARY RELAT I VE TO I TEMS D I SCUSSED I N EXECUT I VE SESS I ON - Resolution R-12-3542 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly invited citizens to the National Night Out event at City Park, Tuesday, October 2, 2012, at 6:00 p.m. The event promotes public safety awareness and prevention. The annual softball game between the Fire Department and the Police Department begins at 7:00 p.m. and proceeds benefit the Citizen Fire Academy Alumni and Citizen Police Academy Alumni Associations. Mayor Kelly presented a Proclamation to Carolyn E. Apodaca, National Alliance on Mental Illness (NAMI), President, and Dana Beard, NAMIWaIk Manager, in recognition of the NAMIWaIk Tarrant County on October 6, 2012. 4. CONSENT: READ I NG AND PUBL I C HEAR I NG - Resolution R-12-3543 4a Approval of the minutes of the regular City Council meeting of September 18, 2012 4b Approval of an Agreement with the Texas Department of Transportation to contribute right-of-way funds for the construction of a new traffic signal at the intersection of L. D. Lockett Road and Precinct Line Road, and authorizing the city manager to execute same 4c Approval of an I nterlocal Agreement for participation in Fort Worth's environmental Collection Center Household Hazardous Waste program Mayor Kelly read Resolution R-12-3543 in its entirety. City Manager Jennifer Fadden provided information regarding Consent agenda item 4b for the construction of a new traffic signal at the intersection of L. D. Lockett Road and FM 3029 (Precinct Line Road) and stated TxDOT notified the City funding was available for the installation of the signal in 2013, the City's total contribution to the pro�ect is $500, and must be paid before the pro�ect can proceed. City of Colleyvi/le Page 3 City Council Minutes - Draft October 1, 2012 Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-12-3543. ;�i �1'iTal �P'�Ta'i'i1.�T-a'i:F11R�iTitiC�iE'il� - �� • • � 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. ORD I NANCE (S) : F I RST READ I NG AND PUBL I C HEAR I NG 5a Ordinance 0-12-1856 Approval of a request for a zoning change from R20-Single Family Residential to CC1-Village Retail on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case ZC12-013 Community Development Director Ron Ruthven stated the applicant submitted a request to change the zoning from the R20-Single Family Residential zoning district to CC1-Village Retail zoning district so the property can be utilized for medical uses. Mr. Ruthven further stated the building will be required to meet regulations regarding the building design score, and the Planning and Zoning Commission recommended approval. Mr. Gerald Ward, 4301 Briar Ridge Drive, representing the applicant, spoke regarding the use of the property, and answered questions of the City Council. Ms. Amanda Dunn, 312 Marseille Drive, applicant, was present to answer questions of the City Council. Discussion ensued regarding the number of parking spaces, the building design score, and floor plan. 6. RESOLUT I ON (S) : READ I NG AND PUBL I C H EAR I NG 6a Resolution R-12-3544 Consideration of a request to abandon the right-of-way for Ruth Road, Case GC12-010 Community Development Director Ron Ruthven stated the property owners at 5601 and 5513 Montclair Drive submitted a request to abandon the right-of-way at Ruth City of Co//eyvi/le Page 4 City Council Minutes - Draft October 1, 2012 Road, which is a 260 foot long unpaved right-of-way that connects to Montclair Drive, and was originally intended to connect Montclair Drive to Sycamore Drive, but the connection was never completed. Mr. Ruthven further stated Ruth Road provided access to a vacant lot at 2104 Ruth Road. Ad�acent property owners replatted the property combining 2104 Ruth Road with 5601 Montclair Drive into one lot, eliminating the access issue. Mayor Kelly read Resolution R-12-3544 in its entirety. Mayor Kelly opened the public hearing. Dr. Don Enty, 5513 Montclair Drive, and Steve Pence, 5601 Montclair Drive, applicants, were 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. Mayor Pro Tem Hart moved to approve Resolution R-12-3544. Councilmember Taylor 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 6b Resolution R-12-3545 Approval of a replat for Lots 19, 20 and 21 , Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC12-010 Mayor Kelly read Resolution R-12-3545 in its entirety. Community Development Director Ron Ruthven stated Toll Brothers is requesting a replat of Lots 19, 20 and 21 in the Whittier Heights Addition, located at 6820, 6900, and 6904 Whittier Lane, for the purpose of abandoning the existing 50 foot right-of- way extension of Riverpath, with the remaining 25 feet to be designated as an emergency access and utility easement only. The Planning and Zoning Commission approved the replat and because the request involves abandoning a portion of right- of-way as part of the action approving the replat, the replat requires City Council approval. The right-of-way abandonment request will be considered as a separate City Council agenda. Mayor Kelly opened the public hearing. City of Colleyvi/le Page 5 City Council Minutes - Draft October 1, 2012 Mr. Rob Paul, President, Dallas/Fort Worth Division, Toll Brothers, 2557 Southwest Grapevine Highway, Grapevine, Texas, spoke regarding agreements with residents in Whittier Heights related to access to Whittier Heights. Mr. Brian Reed, 6712 Whittier Lane, spoke in support of the proposed resolution. Mr. David Hager, 6812 Whittier Lane, spoke in support of the proposed resolution. Mr. Don Albrecht, 533 Haverhill Lane, spoke in support of the proposed resolution and stated the homeowners in Whittier Heights have been notified of the settlement. Ms. Regenia Hidalgo, 6905 Providence Road and Mr. Richard Goble, 6809 Providence Road, did not wish to speak, but wished to record support of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding requirements for emergency access gates. Councilmember Taylor moved to approve Resolution R-12-3545. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6c Resolution R-12-3546 Consideration of a waiver to the emergency access easement requirements found in Chapter 14 - Engineering Design Standards in the Land Development Code, Case GC12-015 Mayor Kelly read Resolution R-12-3546 in its entirety. Community Development Director Ron Ruthven stated, as part of the replat application described in agenda item 6b, Toll Brothers, Inc. is requesting a waiver to the emergency access gate requirements in the Land Development Code. The applicant is requesting approval to allow non-emergency access to the gate for Toll Brothers' employees. The gate would be constructed within an emergency access easement linking The Reserve at Colleyville to the Whittier Heights Addition. Mr. Ruthven further stated the applicant states that the reason for this request is a mutual agreement between homeowners in the Whittier Heights Addition to abandon the Riverpath right-of-way in favor of an emergency access gate whereby Toll Brothers would have access to the gates. In order to allow non-emergency access for an entity other than emergency service vehicles, a waiver is required. City of Colleyvi/le Page 6 City Council Minutes - Draft October 1, 2012 Mayor Kelly opened the public hearing. Mr. Rob Paul, Dallas/Fort Worth Division President, Toll Brothers, 2557 Southwest Grapevine Highway, Grapevine, Texas stated the exception is needed for ease of operation for Toll Brothers, I nc. employees. Mr. Brian Reed, 6712 Whittier Lane, spoke in support of the proposed resolution. Mr. David Hager, 6812 Whittier Lane, spoke in support of the proposed resolution. Mr. Don Albrecht, 533 Haverhill Lane, spoke in support of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the installation and funding of the emergency access gates at Broughton Addition and the Old Grove Addition. Mr. Paul stated Toll Brothers Inc., employees will open the access gates with a remote control device. Councilmember Hall moved to approve Resolution R-12-3546, with the following amendments: Toll Brothers, Inc., will be changed to Toll Brothers, Inc. and its affiliates; the emergency access gate between The Reserve at Colleyville Addition and the Whittier Heights Addition will remain closed at all times; and the waiver allowed by this resolution will expire five (5) years from the date of its passage, unless the applicant provides proof that Toll Brothers, Inc. and its affiliates still own lots in The Reserve at Colleyville addition and the Whittier Heights addition. Councilmember 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 7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 7a Ordinance 0-12-1832 Approval of a request to rezone from R40-Single Family Residential and AG- Agricultural to PUD-C-Planned Unit Development Commercial on 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition, and 11 .8 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, Case ZC12-007 City of Colleyvi/le Page 7 City Council Minutes - Draft October 1, 2012 Mayor Kelly recused himself during consideration of agenda items 7a and 7b, due to a conflict of interest and stated Mayor Pro Tem Hart will preside. Mayor Pro Tem Hart recessed the meeting at 9:04 p.m. and reconvened at 9:10 p.m. Mayor Pro Tem Hart read the caption of Ordinance 0-12-1832. Community Development Director Ron Ruthven stated on May 15, 2012, this item was continued to the October 1, 2012 City Council meeting. Mr. Ruthven summarized the most recent information received from the applicant as follows: (1) an outdoor public plaza with water feature and pavilion has been added near the center of the site; (2) the concept plan now provides 4.2 acres of detention area and mitigates the issue of regional detention for the surrounding area; (3) public open space has increased from 34 percent to 47 percent. The sum of public and private open space is now 54 percent; (4) source and use details for the design and construction of the roundabout have been provided in order to facilitate further discussion of a city-developer agreement; (5) the development program has been reduced by 9 units with elimination of the cottages; (6) the trip counts in all categories have been reduced from the original Traffic Impact Analysis (TIA), due to the type of unit mix being ad�usted; (7) a northbound right turn lane on Wayne Drive has been added to the concept plan; (8) the independent living building has been redesigned and is now limited to 35 feet in height; (9) masonry percentage for the office building has been increased from 75 percent to 100; (10) masonry percentage on the assisted living building has been increased from 25 percent to 50 percent; and, (1 1) the setback along Wayne Drive for all buildings has been increased from 30 feet to 40 feet. Mr. Ruthven further stated, as part of the modified proposal, in lieu of constructing the required improvements to the ad�acent roadways or placing funds in escrow for future construction, the applicant proposes to reconstruct the intersection of Bedford Road/Bedford Court and Cheek-Sparger Road, currently a two-way stop for Bedford Road/Bedford Court only, as a roundabout. The developer also proposes to construct a northbound right turn lane on Wayne Drive where it intersects Cheek-Sparger Road. Construction funding, as proposed by the applicant, would be contributed as follows: $200,000 of the construction cost (or 23 percent) would be contributed by the applicant. According to the applicant, the remainder of the construction cost would be borne by the City. The pro�ect scope and cost would be outlined in a city- developer agreement, which requires City Council approval. Mr. Ruthven reviewed the dates of public meetings held by the applicant and the City's public notification efforts of the rezoning request and stated the Planning and Zoning Commission recommended approval. Mayor Pro Tem Hart opened the public hearing. City of Colleyvi/le Page S City Council Minutes - Draft October 1, 2012 Mr. Don Wilson, 5102 Montclair, Chairman, Cirrus Health, applicant, spoke regarding citizen input during the public meetings held by the applicant, and traffic volume and flow. Mr. Coy Talley, Talley Associates, 1925 San Jacinto, Dallas, Texas, representing the applicant, spoke regarding the project architecture details, number of cottages, landscape buffer and detention, setbacks, park and open space, preservation of trees, building elevations and pro�ect timeline. Mr. Gary Koener, Three, representing the applicant, spoke regarding the redesign elements of the development, community involvement and activities in the mixed use development, and elevation of residences. Mr. Joe Behm, 3713 Woodmont Court, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding drainage issues along Wayne Drive and Cummings Drive. Ms. Suzanne Harrington, 4000 Southwood West, spoke in support of the proposed ordinance. Ms. Janet Moore, 919 Cheek-Sparger Road, owner of Daisy Hill Academy, spoke in opposition to the proposed ordinance and regarding traffic flow and volume generated by the proposed development and the construction period of the development. Mr. Steve Fithian, 1849 Pearson Crossing, Keller, Texas, representing the Tara Village Retail Center, spoke in support of the proposed ordinance. Mr. Steven Fryer, 4300 Briar Ridge Drive, representing the Saddlebrook Homeowner Association Board of Directors, spoke in opposition to the proposed ordinance and agenda item 7b, and regarding traffic volume and speed on Cheek-Sparger Road, and the long-term viability of the proposed pro�ect. Mr. Pete Craver, 3908 Copperwood Court, spoke in opposition to the proposed ordinance and regarding notification of the public hearing, and traffic flow and volume on Cheek-Sparger Road. The following individuals did not wish to speak, but wished to record opposition to the proposed ordinance: Harley Perry, 912 Brestol Court East, Bedford, Texas; Janet Dow, 1320 Hardisty Road, Bedford, Texas; Jean Tingley, 921 Brestol Court West, Bedford, Texas; Aaron Holderness, 933 Harwood Terrace, Bedford, Texas; Jason Spangler, 3632 Wayne Court, Bedford, Texas; Warren Spangler, 3632 Wayne Court, Bedford, Texas; Ellabelle Bobbitt, 937 Harwood Terrace, Bedford, Texas; Wayne Bobbitt, 937 Harwood Terrace, Bedford, Texas; Barry and Carol Simon, 902 Saddlebrook Drive; April Olson, 5813 Southern Hills Drive, North Richland Hills, Texas; Talat Ma�eed, 1520 Babbling Brook Drive, Grand Prairie, Texas; Ratna Pathak, 813 Prestwick, Bedford, Texas; Saleena Schley, 7708 Clenis Lane, North Richland City of Colleyvi/le Page 9 City Council Minutes - Draft October 1, 2012 Hills, Texas; Elizabeth Frankel, 405 Timberline Drive North; Theresa Smith, 304 Cannon Drive, Hurst, Texas; Ashley Adams, 6440 Sudbury Way, North Richland, Texas; Jacqueline Harward, 4612 Parkmount Drive, Fort Worth, Texas; Bruce Frankel, 919 Cheek-Sparger Road; Andrea Walther, 919 Cheek-Sparger Road; Caitlyn Zappia, 919 Cheek-Sparger Road; Dawn Craver, 3908 Copperwood Court; Mike and Brenda Bonser, 4207 Green Meadow Court East; Michael McWithey, 4001 Copperwood Court; Lola Lawrence, 4105 Greenway Court; Florence Wallace, 4205 Green Meadow East; Tom and Jocelyne Buckelew, 3709 Woodmont Court, Bedford, Texas; Jason Mraz, 4103 Southwood West; Tisha Ghormley, 502 Green Meadow North; Becki Cate, 4105 Inwood Lane; Bill Cate, 4105 Inwood; Kristin Robertson, 604 Saddlebrook Drive; Adam Gordon, 604 Saddlebrook Drive; Emily Luoma, 4300 Shadow Ridge; Robert Luoma, 4300 Shadow Ridge Drive; Denise Miller, 4302 Chimney Rock Court; Michael Miller, 4302 Chimney Rock Court; Michael Copp, 803 Inwood Lane; William Bowen, 1001 Rodeo Drive; Nancy Bowen, 1001 Rodeo Drive; Terry Reid, 907 Inwood Lane; Roy Myrick, 600 Summertree Court; Trena Smith, 708 Saddlebrook Drive; Jason Smith, 708 Saddlebrook Drive; and, Kenneth Wallace, 4205 Green Meadow East. The following individuals did not wished to speak, but wish to record support of the proposed ordinance: Stephanie Cotton, 4303 Brookhollow and James Cotton, 4303 Brookhollow. There were no others wishing to speak concerning this item and Mayor Pro Tem Hart closed the public hearing. Community Development Director Ruthven provided information regarding the cost and funding sources for construction of a Cheek-Sparger Road roundabout. Public Works Director Bob Lowry provided information regarding infrastructure needs of Cheek-Sparger Road, Wayne Drive, and Bedford Court, and stated County bond funds are not available for Cheek-Sparger Road improvements. Mr. Don Wilson outlined the timeline and phases of the pro�ect and answered questions of the City Council. Discussion ensued regarding building height, number of employees, fencing, tree preservation, and funding sources for the construction of the roundabout. City Attorney Cathy Cunningham suggested the following language in Section 10, Fencing, subsection a, an eight foot fence, which shall have a preponderance of masonry materials, with other materials allowed as necessary, to protect trees or as needed in regard to other considerations, shall be constructed along the south and east property lines ad�acent to the existing residential uses located in the City of Bedford. Councilmember Muhm moved to approve Ordinance 0-12-1832, with changes as recited by the City Attorney for Section 10a, Fencing. City of Colleyvll/e Page 10 City Council Minutes - Draft October 1, 2012 Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7b Ordinance 0-12-1833 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition and 11 .8 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, from a Single Family Land Use Designation to an I nstitutional Land Use Designation Mayor Pro Tem Hart read the caption of Ordinance 0-12-1833. Community Development Director Ron Ruthven stated this item serves as a companion item to the previous agenda item, and, if approved, this property will be designated as an institutional use for the purposes of the future land use plan. Mayor Pro Tem Hart opened the public hearing. The following individuals did not wish to speak, but wished to record opposition to the proposed ordinance: Lola Lawrence, 4105 Greenway; Shirley Suey, 913 Brestal Court East, Bedford, Texas; Janet Dow, 1320 Hardisty Road, Bedford, Texas; Jean Tingley, 921 Brestol Court West, Bedford, Texas; Aaron Holderness, 933 Harwood Terrace, Bedford, Texas; Jason Spangler, 3632 Wayne Court, Bedford, Texas; Warren Spangler, 3632 Wayne Court, Bedford, Texas; Barry and Carl Simon, 902 Saddlebrook Drive; Dawn Craver, 3908 Copperwood Court; Florence Wallace, 4205 Green Meadow East; Tom and Jocelyne Buckelew, 3709 Woodmont Court; Jason Mraz, 4103 Southwood West; Tisha Ghormley, 502 Green Meadow Street North; Emily Luoma, 4300 Shadow Ridge; Robert Luoma, 4300 Shadow Ridge Drive; Denise Miller, 4302 Chimney Rock Court; Michael Miller, 4302 Chimney Rock Court; Michael Copp, 803 Inwood Lane; William Bowen, 1001 Rodeo Drive; Nancy Bowen, 1001 Rodeo Drive; Terry Reid, 907 Inwood Lane; Roy Myrick, 600 Summertree Court; Bill Cate, 4105 Inwood Lane; Becki Cate, 4105 Inwood Lane; Kristin Robertson, 604 Saddlebrook Drive; Trena Smith, 708 Saddlebrook Drive; Jason Smith, 708 Saddlebrook Drive; Kenneth Wallace, 4205 Green Meadow East; Mike and Brenda Bonser, 4207 Green Meadow East; Adam Gordon, 604 Saddlebrook Drive; Michael McWithey, 4001 Copperwood Court; Wayne Bobbitt, 937 Harwood Terrace, Bedford, Texas; Ellabelle Bobbitt, 937 Harwood Terrance, Bedford, Texas; and, Barry and Carol Simon, 902 Saddlebrook Drive. City of Colleyvll/e Page 11 City Council Minutes - Draft October 1, 2012 The following individuals did not wish to speak, but wish to record support of the proposed ordinance: Stephanie Cotton, 4303 Brookhollow and James Cotton, 4303 Brookhollow. There were no others wishing to speak concerning this item and Mayor Pro Tem Hart closed the public hearing. Councilmember Hall moved to approve Ordinance 0-12-1833. Councilmember Short seconded the motion. The motion carried with the following vote: Aye: Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. C I T I ZEN COMMENTS/PRESENTAT I ONS REGARD I NG I TEMS NOT ON THEAGENDA There was no one present wishing to speak concerning this item. N : ' �7:i�'� Planning and Zoning Commission Minutes - September 10, 2012 There was no discussion of this item. 1 O. ACT I ON/RESOLUT I ON: D I SCUSS I ON AND CONS I DERAT I ON OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR October 1, 2012 - Reading and Public Hearing - Resolution R-12-3547 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Kelly moved to ad�ourn, and 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 Mayor Pro Tem Hart ad�ourned the City Council meeting at 11 :00 p.m. City of Colleyvll/e Page 12 City Council Minutes - Draft October 1, 2012 APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS, AN D 2012. City of Colleyvll/e Page 13 LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 10/16/2012 Number Resolution R-12-3549 Type Resolution Department Public Works Title Approval of an amendment to the Professional Nichols, Inc. for the design of Jackson Road Improvement Project, in an amount not to e manager to execute the contract Explanation Reading and Pub/ic Hearing Services Agreement with Freese and and Cheek-Sparger Road Intersection xceed $58,060, and authorize the city On March 6, 2012, the City of Colleyville entered into an engineering services contract with Freese and Nichols, Inc. to perform an engineering design for a roundabout at the intersection of Jackson Road and Cheek-Sparger Road. This agreement was a lump sum contract in the amount of $125,600. The engineering services contract includes the following services: • Review of the existing intersection study • Preliminary design • Survey services • Geotechnical investigation • Basic drainage analysis • Schematic design • Public information meeting • Final design • Subsurface utility investigation and coordination • Construction documents • Construction assistance • Construction assistance On September 18, 2012, Freese and Nichols, Inc. provided a project update at the Pre Council meeting. During the presentation, the scope of the project was discussed, and direction was given to the design consultant, by City Council, to include in the design, a new drainage facility on the western portion of the intersection on Cheek-Sparger Road that can accommodate long-term drainage needs. This amendment will add the additional drainage design work to the design contract (as the original contract only includes a basic drainage analysis), and the result will be that the existing pipes will be replaced with conspan drainage elements in conjunction with the intersection improvement project. The contract amendment will be in the amount of $58,060, which will bring the total engineering services contract to $183,660. City of Colleyville Page 1 City Council Agenda Briefing 4b Financial Impact The contract amendment will through the existing funds in Projects Funds. Recommendation Approve be in the amount of $58,060, and funding is available the street reconstruction account within the Capital Attachments 1. Professional Services Agreement Amendment 2. Orignal Professional Services Agreement City of Colleyville Page 2 Rev. 06/10 � FREE�E CONTRACT CHANGE AUTHORIZATION FORM , Q�'��L� Amend #1 Client: City of Colleyville FNI Project No.: CLV12190 100 Main Street Colleyville, TX 76034 Client Contract Ref.: Attn: Jeremy Hutt, P.E., CFM Date: August 24, 2012 Project Description: Jackson Road at Cheek-Sparger Road Intersection Improvements Description of Services Added/Deleted: As described in Attachment SC, Scope of Services: Detailed drainage study of tributary to Little Bear Creek at Cheek-Sparger Rd. crossing. Design of replacement culvert. Deliverables: Memorandum documenting drainage study methodology and results. Final plans and specifications for culvert replacement. Compensation shall be adjusted as follows: The above services will be completed for a Not to Exceed fee of $58,060.00. Original Contract $125,600.00 Amended Amount $58,060.00 Revised Total Contract $183,660.00 Schedule shall be adjusted as follows: Detailed drainage study shall be complete within 30 days of authorization. Design of replacement culvert shall be concurrent with design of project. The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. ❑ A contract modification will be submitted. � This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: CITY OF COLLEYVILLE: BY: Print or Type Name TITLE: DATE: BY: Print or Type Name TITLE: DATE: 4055 INTERNATIONAL PLAZA, SUITE 200 I FORT WORTH, TEXAS 76109-4895 I TELEPHONE: 817-735-7300 I METRO: 817-429-1900 I FAX: 817-735-7491 L:\Resources\cbs\ ATTACHMENT SC SCOPE OF SERVICES FNI shall render the following professional services in connection with the development of the Project: Detailed Drainage Study — FNI shall conduct a drainage study to determine if improvements are needed to the existing culverts across Cheek-Sparger Road. Design of the improvements, including preparation of construction drawings, is an additional service and is not included in this contract. a. Prepare a base map for the study area consisting of aerial photography, two-foot topography, and e�sting storm drain infrastructure obtained from the OWNER. Obtain available topographic maps, zoning maps, thoroughfare master plan, previous studies/plans and land use maps from the OWNER. b. Obtain "as-built" plans for streets, storm drains, culvert/bridge crossings and channel improvements along the project stream study limits within identified study areas. This scope assumes adequate plans will be available from the OWNER for the study area. c. Perform one site visit to evaluate general watershed and hydraulic conditions. FNI will field-verify modeling parameters such as e�sting drainage infrastructure, land use, and Manning's roughness coefficients (i.e., "n-values") and document with photographs. d. Coordinate with surveyor and review field survey for culvert and cross sections. e. Delineate the contributing drainage area to the Cheek-Sparger culvert using 2-ft contours. £ Prepare a HEC-HMS model of the contributing drainage area using SCS unit hydrograph methodology. The watershed will be assumed to be fully developed. FNI will tabulate the peak discharges for the 2, 5, 10, 25, 50, and 100-year synthetic storm events. g. Prepare a HEGRAS model of the e�sting culverts at Cheek-Sparger Road based on field surveyed cross sections. The limits of the model will extend from appro�mately 500 ft downstream to 750 ft upstream of Cheek-Sparger Road. The model will assume normal depth as the downstream starting condition. h. Map the existing 100-year floodplain and document key deficiencies including roadway overtopping and/or structure flooding. i. Analyze up to three (3) improvement scenarios for the culvert including minimal safety and aesthetic improvements to the e�sting culverts, replacement with box culverts, and replacement with arch culverts. All improvements will be analyzed in HEGRAS for the 100-year storm according to City of Colleyville criteria. j. Prepare conceptual e�ibits of alternatives and opinions of probable construction costs. k Prepare a brief technical memorandum documenting the methodology and results of the analysis. Digital models will be attached to the memorandum. 1. Submit PDF copy of the draft memorandum to OWNER. Incorporate comments into pre-final memorandum. L:\Resources\cbs\ FNI SG1 OWNER m. Submit one (1) hard copy and one (1) PDF copy of the pre-final memorandum to OWNER and City of Bedford for review. Incorporate comments into final memo. n. Submit one (1) hard copy and one (1) PDF copy of the final report to OWNER and one (1) copy to the City of Bedford. o. Summarize the results of the study in a format acceptable for a council presentation. Attend council meeting to present the results of the study. 2. Culvert Design — FNI shall prepare plans and specifications for the replacement of the existing culvert. a. Prepare plan and profile drawings of the culverts, grading sheets for upstream and downstream, and structural details for the headwalls. b. Prepare technical specifications for arch culverts and coordinate the design with culvert manufacturer. L:\Resources\cbs\ FNI SG2 OWNER FEE PROPOSAL SUMMARY CITY OF COLLEYVILLE - JACKSON RD. AT CHEEK-SPARGER RD. IMPROVEMENTS CONTRACT AMENDMENT #1 Detailed Drainage Study = $ 22,000 Culvert Final Design = $ 36,060 TOTAL AMENDMENT #1 $ 58,060 Freese and Nichols, Inc. Cfty of Colleyvflle Total 8asic $ 22,005 Cheek-Sparger/Jacksonville improvements Project Fee Summary Total Special $ - Detailed Cost Breakdown - Drainaqe Study Total Proiect $ 22,005 Special Services Task Labor Task Description m�kawa�rts soonH�eiay carren�on�seo� Roeart ��se�oswaid Total Labor Total Subs / Exp rnomPSO� Total Hours Effort Effort Total Effort Hourl Bill Rate $238.58 $145.76 $108.87 $72.05 $107.58 1 Task Management and Meetings 6 12 18 $ 3,181 $ $ 3,181 2 DataColledion-desktop 2 4 4 10 $ 1,015 $ - $ 1,015 3 Site Visit 4 4 8 $ 1,019 $ $ 1,019 4 Drainage Area Delineation 2 4 6 $ 727 $ - $ 727 5 Develop watershed parameters (CN, Tc) 2 8 2 12 $ 1,378 $ $ 1,378 6 Develop design storms 1 2 3 $ 363 $ $ 363 7 Build HMS Model 2 8 10 $ 1,162 $ $ 1,162 8 Execute Model, Analyze and Summanze Resutts 1 2 4 2 9 $ 1,181 $ $ 1,181 9 Build HEGRAS Model 4 16 20 $ 2,325 $ $ 2,325 10 Map existing floodplain 1 2 4 7 $ 652 $ $ 652 11 Model culvert altematives (3) 2 8 20 2 32 $ 4,036 $ $ 4,036 12 Cost Estimates 2 4 6 $ 727 $ $ 727 13 Draft Memo 2 8 8 18 $ 1,739 $ $ 1,739 14 Final Memo 1 1 4 6 $ 820 $ $ 820 15 Prep and attend Council Meeting 4 2 4 10 $ 1,681 $ $ 1,681 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Hours 14 47 92 16 6 LaborEffort $ 3,340 $ 6,851 $ 10,016 $ 1,153 $ 645 $ $ $ $ $ $ $ Total Basic Services 175 $ 22,005 $ $ 22,005 2 of 3 L:\Resources\Contrad Blue Sheets\C\Colleyville\CLV12190Wmend #1\Fee - Amend 1.xlsm 9/12/2012 Freese and Nichols, Inc. Cfty of Colleyvflle Total 8asic $ 36,063 Cheek-Sparger/Jacksonville improvements Project Fee Summary Total Special $ - Detailed Cost Breakdown - Drainaqe Desiqn Total Proiect $ 36,063 • �� ' �� ------ o �� - �- � � oo�� o•�� - �- � oo�� o•�� - .- . oomm��m�� o . '- . �o�� • �� •�� - �� 3 of 3 L:\Resources\Contrad Blue Sheets\C\Colleyville\CLV12190Wmend #1\Fee - Amend 1.xlsm 9/12/2012 Rev. Ob/I0 AGREEMENT FOI� PR4FESSIONAL SER'VICES STATE OF TEXAS COiJNTY OF TARRANT This AGREEMENT is entered into by the City of Colleyville, Texas, hereinafter calied "O'VVNER" and Freese and Nichols, Inc., hereinafter called "FNF." In consideration oftheAGREEMENTS hereFn, fihe parties agree as �olIows: I. EMPLQYMEN'I' 4F Fr�I: �n accordance with the terms o� t�.is AGREEMENT: OWNER agrees to employ FNI, F`NI agrees to perform professionai services in connectic�n with the Froject; O'WNER a,grees to pay ta FNI compensation. The Project is described as follows: Jackson Roaci at Cheek-Sparger Road Intersection ImFrovements. II. SCOP� OF SERVICES: Ft�l� shall render professional se�rvices in connection with Project as set forth in Attachment SC - Scope of Services and Respansibilities of OV4NER which is attachad to aud made a part of this AGREE1ViENT. III. COMPENSATIQN: OV4'NER agrees to pay �Nf far all professional services renc�ered under this AGREEME�dT in accordance with Attac�nent CO - Compensation which is attached hereto and made a part of this AGREEM�NT. FNI shall perform prafessional services for the Base Contract as outlined in t�e "Scope of Ser�ices" for a lump sum fee of $125,600. Details concerning ti�e fee are included in Aitachment CO. If FNI's services are deiayed or suspended by OWNER, or if FNi's serviees are extended far more than 60 days through na fault af �NI, FNI shall be en�tled ta equitable adj�stment af rates and amounts of compensation to reflect reas�nable cpsts incurred by FI�II in conn�ction with such delay or �uspension and reactivation and the fact that the time for performance under �is AGREEMENT has been revised. N 'TERMS AND C4NDITIONS QF AGREEPI�NT: The T�rms and Conditions ofAgreement as set forth as Attachment TC shall govern the reZationship between the OWNER and FNI. Nothing under this AGAEEMEI�TT shall be constr�ed to give any rights or beneiits in t�►is AGREEMENT to anyane oilter than OWNER and FI�I, and all duties and responsibilities undertaken pursuant tQ this AGREEMENT Will be for the sole and exclvsive benefit of OWNER and � and not for the be�eft of any other party. This AGREEMENT caz�stitutes the entire AGrREEMENT between �D WNER and �I�II and supersedes all prrioa written or oral u�derstandings. This contract is �xecuted in fwo eounterparts. IN TEST�IONY HERE�F, f.hey have executed this AGREEMENT, the � day of _�,� Gr.j , 2012. Cnllevvilie City Counc�l City af Colleyville, Texas 0.�� _�+�(OWNER} .4TTE : L:1Resourcesicbsl By: �� ;'-,2a1� �proved Print or Type N e d itle Freese and Nicito�s, Inc. {k I�1I) gy: �-� Z 2-%j Z �`,,,,��— rt�..,,�:;�.�-�_�. Print Type Name and Title ATTAC��MENT SC SCOPE []F SERVICES AND P.E9PONSIBILI�'IES OF OWI�TER AIZTICLE Z FNI shall r�nder the followiz�g professional services in cannection witb the develapment of the Praject: A. BAS� CONTRACT At�end a kic�COff meeting with the OWNER to re�iew the scope of sea�uices, communication procedares, and to gather input regaeding tite project, its goals and purposes. 2. Preliminary Design a. Provide a togographic and boundary survey for the linnits of improvements {to be performed by Garrondana and Associates}. b. Conduct a geotechnicaI investigation consisting _af three soil borings. Prepare a pav�ment design repoz-t for the project which incIudes one rigid aqd one flexible pav�ment section option. c. Prepare a sehematic layout of the proposed intersection improvements. d. Ferfonnx an informal ana�ysis of the existing drainage structures on Cheek-Spa�ger Road. Prepare a m,emo ad�ising th� pWNER if lfurther stu�y of the creek crossing is required or recommencied. e. Att�nd one meeting with dWNER to revi�w the schematic design and discuss comments. f 5ubmit a capy of the approved schematic to a�fected franchise utility companies and coordinate �telocations. 3. Final Desiga a. Pre�pare a 60% design submitta�, cansisting of the following sheets: i. Title S�eet ii. G�neral Notes iii. Project Layout and Survey Control i�. Existing Utilities v. Preliminary Tra�c Control and Cons�rruction Phasing vi. Pavu�g Plan/Profile vii. Drainage Area Map and Calculations 'vui. Preliminary Storm Draut Layout ia. Fre�,tm.inary Signing and Favement Marking Layaut x. Prefitninary Basic Lan�scaging Plan (grass only} xi. Prelim.inary Erosioz� Con#rol Plan xii. Preliminary Gross 5ections b. Aftend one meeting with OWI�FER ta review the 60% design and discuss comments. c. Submit a copy of tt�e approved b0% drawings to affected fras�chise ufility companies and eonduct one u#ility coordination rneeting at OWNER's office. L:IResourceslcbsl F� SC-1 OWNER Prepare a 90% design submittal, consisting of the foilowi�g sheets: i. Title Sheet ii. General Notes iii. Praject Layout and Survey Cpntrol iv. Existing Utilities �. Tra�c Conirol and Construction Phasing vi. Paving Flan/Profile vii. Drainage Azea Ma� and Calculations viii. Storm Drain Plan/Profile ix. Signing and Pavement Marking Layout x. Erasion Control Plan xi. Basic Landscaping �'lan (grass oaly) xii. betail Sheets xiii. Cross Sectians e. Attend one meeting with OWNER to revie'w the 90°/a design and discuss comments. f. Attend one City Council meeting to discuss #he project. 4. Environmental Services a. Compiie exzstin� data and perform an initial desktop analysis of environmental conditions of the project area. Prepare inaps and other data necessary for siie visit. b. Conduct site visit. Ferform a pre�iminary jurisdictional determina�ion to identify aud delineate baundaries of wafers af �he U.S., including wetlands. Make note of �ureas of potential envirozunental cor►tamination within �he project axea that may warrant further investigation. Evalnate the project area far federally listed threatened or endangered species habitat. c. Prepare a draft of the North Central Texas Cauncil of Govemment's (NCTCOG) Env ironmental Review Cheeklist for �'WNEI�'s re�iew and co►nment. Incorporate comments and sub�it the revised checklist to the NGTCOG for review a.nd eomments. d. Coordinate with hTCTCOGs including answering questions and providing additional information if requested. This task assumes a ma�ccimum of three reques#s :for clarifcation arid information. Cantested application proceedings and requests for multiple site visits are not included in this task. 5. Bid Phase Services a. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors in �I�iI's database of prospective bidders and to seiected p�an rooms. �'rpvide a copy of the notice to bidders for �WNER to use in notifying construction news publicatioas arid publishing appropriate legal notice. The cost for pa�blications shall be paid by 4WN�R. b. Print Bid Documents and dist�ibute to seleeted plan rooms, and to praspective bidders that respond to the Nntice to Bidders. Post Bid Documents to CivCast for electronic distribution. c, Maintain inforrrzatian on entifies tlaai have been issue a set of bid docvme�.ts. Distribute informatio�t pn plarj hold�rs ta interested contractors and vendors dn reyuest. d. Assist the OWNER in conducting a mandatozy pre-bi� conference far the con�t:ruction projects and caordinate responses with OWNER. Respanse to the pre-bid conference will be in t�e form of adden�a issued after the conference if necessary. L:1R.esourceslebsl F'jrjI SC-2 OWNER e. Assist the OWNER by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. f. At OWNER request, FIV� will assist OWNER in the opening, tabulating, and ana�yzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information avai�able, they appear to be qualified to consiruct the project. Recomrnend award of contracts or other actions as appropriate to be taken by OWN.ER. Pre-qualificafion of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. g. Assist OWNER in the preparation of Construction Contract Docwnents for construction contracts. Provide ten (10} sets of Construction Contract Documents which include infornlation from the appazent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execu#ion of these documents by the constrnction contractor. Provide OWNER with the remaining five {5) copies of these doc�nents for use dnring construction. Additional sets of documeQts can be provided as an additional service. Furqish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract, 6. Construct�on Phase Se�vices Upon completion of the bid phase services, FNX will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these se�vices however, it is understood that �NI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of ihe Coniractor's operation and empioyees. FTVI sha�l not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and progratns relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall aot be responsible for the acts or omissions of any person (except its own ernployees or agents} at the Projeet site or otherwise performing any of the work of the Project. a. Attend one public meeting with the OWNER and Contractor to update residents on the project. b. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s}, review construction schedules prepared by the Contractor(s) pursuant to the ret�uirements of the construction contract. c. Review contracto�s submittals, incIuding, ret�uests for inf'ormation, modificat�on requests, shop drawings, schedules, and other submittals in accordance with the requirements of the constrtiction contract documents for the project. d. Malce up to 4 visit(s) to the site (as distinguished from the continuous services of a Resident Project Representative} to observe the progress and the Quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. � this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to QWNER. Visits to the site in excess of the specified number are an additional service. L:IResaurceslcbsl �'j�� SC-3 OWNER e. Notify the contractor of non-conforming work observed on site visits. Review quality related documents pro�ided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. f. Coordi�nate the work of testing laboratories and inspection bweaus required for the tesiing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI, g. Interpret tlze drawings and specifications for OWNER and Contractor{s). Investigations, analyses, and. studies requested by the Con�actor{s) and approved by OWNER, for substitutions of equipinent and/or materials or deviations &om the drawings and spacifications is ata additional service. h. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, anaIyses, studies or design for substitutions of equipment or materials, corrections of defecti�e or de�cient work of the contractor or other deviations &oin the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materiais or equipznent or design modifications requested by tlze OWNER are an additional service. Prepare documentation for contract modifications required to implement modifications in the design of tlze project. Receive and evaluate notices of contractor c�aims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the contractor or avaiIable in project documentation. Endeavor to ❑egotiate a setilement value with the Contractor on behalf of tl�e OWNER if appropriate. Providing these services to re�iew or evaluate construction contractor(s) claim(s), supported by causes not within the control of FTVI are an additional service. j. Conduct, in company wzth O�VNER's representative, a final review of the Project for conformance with the design concept of the Pro3ect and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be conected by tlze contractor before recommendation of final paymenk Assist OWNER in obtaining legal releases, pe�nits, warranties, spare parts, and keys from the contractor. Re�iew and comment on the certificate of completion and the recommendation for finai payment to the Contractor. Visitiing the site to re�iew completed work in excess of two trips are an additional service. k. Re�ise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during conshuction. Two (2) sets of prints of "Record Drawings" shall be provided by FNI to OWNER. B. OPTIONAL SERVICES: If authorized by the OWNER, FNT shall provide the following professional services. Fees for these services are listed in the Fee Proposal Summ�ary. 1. Detailed Drainage Study — FNI shall conduct a drainage study to determine if improvements are needed to the existing cul�erts across Cheek-Sparger Road. Design ofthe impro�ements, including preparation of construct�on drawu�gs, is an additional service and is not included in this contract. a. Prepare a base map for the study area consisting of aerial photography, two-foot topography, and existing storm draiuz infrastructure obtained from the OWNER Obtain available topographic maps, zoniuzg maps, thoroughfare master plan, previous siudies/pians and land use maps from the OWNER. L:1Resourceslcbsl FNI SC-4 OWNER ' b. Obtain "as-buiiY' plans for streets, storm drains, cui�ert/bridge crossings and channei impro�ements along the pmject s�eam study lirnits within identified study areas. This scope assumes adequate plans will be a�ai�able fronn the OWNER for the study area. c. Perform one site visit to evaluate general watershed and �ydraulic conditions. F1VI will field- verify modeling parameters such as existing drainage infrastructure, land use, aud Manning's roughness coefficients {i.e., "n-values") and doc�ent with photographs. d. Coordinate with surveyor and review field survey for culvert and cross sections. Delineate the contributing drainage area to the Cheek-Sparger cu3�ert using 2-ft contours. f. Prepare a HEGHMS model of the contribnting drainage area using SCS unit hydrograph methodology. The watershed wili be assumed to be fully de�eloped. FNI will tabulate the peak discharges for the 2, 5, ].0, 25, S0, and 1 QO-year synthetic storm events. g. Prepare a HEC-RAS model of fi.�e existing culverts at Cheek-Sparger Road based on field surveyed cross sections. Tkae limits of the model wi�l e�end from approximately SQO ft dow�astream to 750 ft upstream of Cheek-Sparger Road The model will assume norma� dept7t as the downsheam starting condition. h. Map the existing 1Q0-year floodplain and document key deficiencies including roadway overtopping and/or structure flooding. i. Analyze up to three {3) improvement scenarios for the culvert including minimal sa#'ety and aesthetic impro�ements to the existing culverts, replacement with box culverts, and replacement with arch cuIverts. All impro�ements will be aztalyzed in HEC-RAS for the 1 QO- year storm according to City of ColleyvilIe criteria. j. Prepaze conceptual exhibits of altema�ives and opinions of probable construction costs. ic. Prepare a brief teclonical pzemorandum documenting the methodology and results of the anaIysis. Digital models will be attac�ed to the memorandum. Submit PDF copy of the draft memorandum to OWNER. Incorporate comments into pre-final pzennorandum. m. Submit one (1) �azd copy and one {1) PDF copy ofthe pre-final memorandum to OWNER and City of Bedford for review. Incorporate comments into final memo. n. Subxuit one (1) hazd copy and one (1) PDF copy of the fipal report to OWNER and one (1} copy to the City of Bedford. Suminariae the resuits of the study in a format acceptable for a council presentation. Attend council zneeEing to present the results of the study. p. If OWNER c�ooses to proceed wzth drainage improvements on the project, the design of those improvements will be an additionaI service. L:1Resourceslcbsl �Nj SGS QWNER 2. Detai�ed Landscape Design a. Coordinate with the OWNER tlze Iunits of landscaping layout and the types of vegetation to specify. This scope assumes that Iow-maintenance; low-water vegetation will be specified within the center citcle of the roundabout b. Prepare detailed landscape construct�on drawings, incIuding locations and types of piantings and other aesthetic features. 3. Right-of-Way Document Preparation {Gorrondona and Associates) a. b. Prepare a metes and bottnds description with exhibit for up to three (3) proposed right-of-way acquisitions to the OWNERS's standards. Deliverables shall include fve (5) approved, signed and sealed originals to the OWNER. 4. Right-of-Way Acquisition (Stateside ROW Services) This scope of services assumes that portions of up to three (3) parce�s will be acqu�red for the project. Acquisition of additional right-of-way will conducted as an additional service. a. Secure title commitments and updates in accordance with insurance rules and requirements. b. Secure titie insurance. c. Prepare one {I} comp�ete appraisal report for each parcel to be acqukred. d. Prepare aqd present initial offer letEer to tandowner. Present counteroffers to landowner as directed by the OWNER. e. Prepare and present fmal offer letter as necessary. f. Attend closings and provide closing services in conjunction with the TitIe Company. ARTICLE II ADDITIONAL SERVICES: Additional Services which are not incIuded in the above Base Contract or Optional Services, are described as follows: A. B. C. D. Field layouts or the furnishing of construction line and �ade surveys. Meetings, notif'ications, aqd services related to informing the public of the project other thatx that specified herein. GIS mapping services or assistance with these services. Providing services to investigate existing conditions or faci�ities, or to make measured drawings thereof, or to versfy the accuracy of drawings or other information furnished by OWNER. E. Providtng renderings, model, and mock-ups requested by the OWNER. L:1Ttesourceslcbsl FNI sc-6 owx�R �'. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approva�s or instructions previously given by OWNER or 2} dae to other causes not solely within the control of FNI. G. Providing consultation conceming the replacement of any Work damaged by fue or other cause during the construction, and provfding services as may be reqaired in connection with the replacement of such Work. H. Investigations involving consideration of operation, maintenance and overhead expenses, and the prepazation of rate schedules, eamings and expense statements, feasibility si�dies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. I. lpreparing applications and supporting documents for governanent grants, loans, or planning advances and providing data for detailed applications. 1'roviding shop, mill, fteld or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests requirea as a result of equipment failing the initia� test. K. Preparing data aod reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration pane�s or any mediator, giviug testimony, persona7ly or by deposition, and prepazations therefore before any regulatory agency, court, arbitration panel or mediator. L. Furnishing the services of a Resident Project Representarive to act as OWNER's on-site representative daring the Construction Phase. The Resident Project Re}7resentative will act as directed by F'NI in order to provide more extensive representation at the Project site during the Construction Phase. Through more exiensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for OWNER against defects a�nd deficiencies in the worlt. If OWNER provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, responsibilities and Iimitations of authority of such personnel will be set forth in an Attactunent attached to and made a part of this AGREEMENT before the services of s�ch personnel aze begun. It is understood and agreed that such personnei will worlc under the direction of axad be responsible to the Resident Project Representative. OWNER agrees that whenever FNI informs him in writing that any such personnei provided by the OWNER are, ir► b�is opinion, incompetent, �nfaithful or disorderly, such personnel shall be replaced. M. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispvte review boards, or other legal arAd/or administrarive proceedings in the defense or prosecution of claims disputes with Contractor(s). N. Performing investigatious, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. O. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. 5�ch services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. P. Providing environmental support services including the design and implec�entation of ecological baseline studies, environtnental moaitoring, impact assessment and ana7yses, permitting assistance, and ot�er assistance reyuired to address enviromnental isst�es other than the tasks specified herein. L:Uiesourceslcbsl Fj�jI SC-7 OWNER Q. Performing investigations, studies, an�d analysis of work proposed by construction contractors to correct defective work. R. Design, contract mod�cations, studies or analysis required to comply with local, Stabe, Federal or other regulatory agencies that become effective after the date of t�is agreement. S. Services required to resolve bid protests or to rebid the pmjects for any reason. T. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. U. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor{s) to complete the work within the contract time. � V. Providing services after the completion of the construction phase not specifically listed in ArticIe I. W. Pmvidi,ng basic or additiona] services on an accelerated time schedule. The scope ofthis service inc�ude cost for overti�me wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directiy ariributable to an accelerated time schedule directed by the OWNER X. Providing services made necessary becanse of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Y. Providing services to review or evaluate constr�ction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Z. Providiuig vaIue engineering studies or reviews of cost savings proposed by construction coniractors after bids have been submitted. AA. Preparing statements for invoicing or other documentation for billing other than for the standazd invofce for se;rvices attached to this professional serrr�ces agreement. BB. Provide follow-up professional services during Contractor's warranty period. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to compiete the services in accordance with the following schedule: The Design Phase of t�e contract will be completed within eigirt months from Notice to Proceed. If F7vI's services are delayed through no fault of FIVI, �NI shall be entitled to adjust contract schedule cons�stent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. T�►ese delays may result in an adjustment to compensation as outlined on t�e face of this AGREEMENT and in Attachment CO. L:1lteso�ceslcbsl �'jvj SC-8 OWNER � ARTICLE N RESPQNS�BILITIES OF QWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. OwF►er recognizes and expects that certain Change Orders may be requi�ed. Unless noted otherwise, the Owner shall budget a minimum of 5% for new construcfion and a minimum of 10% for construction that includes refurbishing existing structures. Fwither, Owner recognizes and expects that certain Change Orders may be ret�uired to be issued as the result in whole or part of imprecision, utcompleteness, errors, omission, atnbiguities, or inconsistencies in the Drawings, Specifications, and other design documenta.tion furnished by Engineer or in the other professional services performed or fu�mished by Engineer iutder this Agreement ("Covered Change Orders"). Accordingly, pwner agrees ta pay for Change Orders and othezwise to make no clairn directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or othezwise with respect to the costs of approved Covered Change Orders unless the aggregate costs of all such appro�ed Covered Change Orders exceed 2% for new construction and 4% for reconstrvct�on. Any responsibility of Engineer for the costs of Covered Changed Orders in excess of sach percentage will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders will not include: • ap.y costs that Owner would have ittcurred if the Covered Change Order work had been included arigina�ly in the Contract Documents an.d without any other error or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by tt►e Owner. • Any costs that are due to the Contractor Nothing in this provision creates a presump�ion that, or changes the professional liability standard for determining if, Engineer is liable for the cost of Covered Change Qrders in excess of the percent of Construction Cost sta.ted above ar far any other Change Order. Wherever used in this document, the term Engineer includes Enguneer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under tl�is AGREEMENT. Such person shall have contract autharity to transmit iastructions, receive informatton, interpret and define OWNER's policies and decisiotts with respect to FNI's services for the Project. C. Provide sll criteria and fi�li in#'ormat�on as to OWNER's requirements for the Project, includiag design objectives and constraints, space, ca�acity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design an,d construc�ion standards which OWNER will require to be included iun the drawings and specifications. D. Assist �NT by placing at F1JI's disposal a�l available information pertinent to the Project including pre�ious reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all pro�isions for F1�I to enter upon public and private properiy as requi�ed for FNT to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, dravvings, specifications, proposals aud other documents presented by FNI, obtain advice of an attorney, insarance counselor and other consultants as OWNER deems L:1Resourceslcbsl �NI SC-9 OWNER appropriate for such examiziation and render in writutg decisions pertaining thereto within a reasonable time so as not to delay the sei-crices of �'NI. G. Fumish approva�s and permits from all goveramental authorities having jurisdiction over the Project and such approvals and consents from othe� as may be necessary for compietion of the Project. H. OWNER shall make or arrange to have made all subsurface investigations, includiug but not litnited to borings, test pits, soil resisti�ity stuveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such in�est�gations. All costs associated with such in�estigations shall be paid by OWNER. T. Provide such accounting, independent cost estimatutg aud utstuance counseling sei-crices as may be required for the Projec� such iegal sercrices as OWNER may require or �N! may reasonabty rec�uest witl� regard to legal issues pertaining to the Project includsng eny that may be raised by Contractor(s}, such auditing service as DWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction cantract, and such inspection services as DWNER znay require to ascertain tl�at Coniractor(s} are corapiying with any law, rule, regulation, ordinance, code or order applicable to th.ei� fumishing and performing the work. DWNER shall determine, prior to receipt of construction bid, if F'NI is to furnish Resident Project Representati�e service so the Bidders caz� be informed. K. If OWNER designates a person to sei-cre in t�e capacity of Resident Project Representati�e who is not FNI or FNI's agent or employee, the duties, responsibiiities and limitations of authority of such Resident Project Representati�e(s} wilI be set forth in an Attachment attached to and made a part of this AGREEMENT before the Constructxon Phase of the Project begia�s. Said attachment s1aa11 also set forth appropriate modificafions of the Construction Phase services as defined in Attachment 3C, ArticIe I, C, together with such adjustment of compensation as appropriate. L. Attend the pre-bid canference, bid opening, preconsiruction conferences, construction progress and ot�er job refated meetings and substantial completion inspections and fiuial payment inspect�ons. M. Give prompt written notice to FNI whenever OWNER obsei-cres or otherwise becomes awaze of any development that affects the scope or timiu�g of F'NI's services, or any defect or nonconformance of the work of any Contractor. N. Ftirnish, or d'uect F'NI to provide, Additional Services as stipulated in Attach�ent SC, ArticIe II of this AGREEMENT or other services as rec�uired. O. Bear all costs iucident to compIiance witl� t�e rec�uite�rtents of this Arficle IV. F.:1Resourceslcbsl �� SG14 OWNER � ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWN�R designate the following representatives: Owner's Desigx�ated Representative: FNL's Project Manager: FNI's Accounting Representati�e: L:1Resourceslcbsl Jeremy Hutt, P.E., CFM 100 Main Street Colley�+ille, Texas 76034 Phone:817-503-1095 E-mail: jhutt@colleyville.com Chris Bosco, P.E., PTOE 4055 Internationa! Plaza, Ste. 200 Fort Wortb, Texas 76104 Phone:817-735-7359 &mai1: cb@freese.com Patti Allen 4055 International Plaza, Ste. 200 Fort Worth, Texas 76109 Phone: 8I7-735-7466 E-maii: pla@freese.com FNI SG1I OWNER � ATTA�HIvIENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Base Contract in Attachment SC shall be the lump sum of One Hundred Twenty-Five Thousand Six Hundred Dollars ($125,600). If FNI sees the Scope of Services changing so that additional services are needed, including bat not limited to those services described as Additional 5ervices in Attachment SC, FNI will notify OWNER for OWNER's approval befare proceeding. Additional 5ervices shall be computed based an the Schedule of Charges. B. Schedule ai Char�es for Additional Work: 5taff Member Resident Represen#ative Salary Cost Times Muitiplier of 2.083 Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.632 times payrolL This factor is adjusted annually). Other Direct Expenses Actual Cost Tnnes Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other �vork required to be done by independent persons other than staff'members. For Resident Representative services performed by non-FNI employees and CAD services performed In-hovse by non-FNI eznployees �vhere FM provides workspace and equipment to perform such services, these services will be billed at cost times a multipiier of 2.0. This mar�cup approximates t�e cost to FIVI if an FNI employee �vas per�'orming the same or similar services. Rates for In-house Services Computer $10.00 per honr Plotter Bond Special Color $ 2.50 per plot $ 5.00 per plot $ 5.75 per plot Testin� A�uaratus Density Meter $700.00 per month Gas Detection $ 20.00 per test 3-10-04 �r��nting Black and Wbite $0.10 per copy Color $0.50 per copy �1_ �T�� $5.75 per book L:1Resowceslcbsl �j co-i owrr�x � 10-25-07 TERMS AND CONDITI4NS OF AGREEMENT ATTAC�II�+fENT TC 1. DEFIIVITIONS: The term Owner as used herein refers to the Ci of Colle il�e Texas ."I�.etermFNIasused herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and ageats. As used herein, 5ervices refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without in�aIidaiing the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENf by alteri.ng, adding to and/or deducting from the WORK to be performed. Ifany change under this c�avse causes a�n increase ar decrease in FNI's cost o� or the time reyuired for, the performance of any part of the Services im,der the AGREEMENT, an equitable adjustment wilE be made by muival agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: Ttie obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written norice. I,n, the event of termination, FNI will be paid for alI services rendered and reimbursable expenses incurred to the date of termination a�nd, in addition, alI reimbwrsable eacpenses directly attributabie to termination. 4. CONSEQiTENTIAL DAMAGES: �n. no event shall FNI or its subcontractors be liable in conlract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or conseyuential damages, such as loss ofproduct, loss ofUSe ofthe eyuipment or system, loss of anticipated profits or revenue, non-operation or increased e�cpense of operation or other equipment or systems. 5. INFORMATION F'URIVISHED BY OWNER: Owner will assist FN! by placir�g at FI�TI's disposal ail a�ailable information pertinent to the Project including previous reports and any other data relati�e to design or construction ofthe Project. FNI shall ba�e no liability for defects or negligence in the Services atmibatable to FA]I's relia�ce upon or Use of data, desig� criteria, drawings, specifications or other infornaation fiunished by Owner and Own.er agrees to indemnify and hold FNd harmless from any and all claims and judgmeats, and all losses, costs and expenses arising therefrom. FNI sball disclose to Owner, prior to use thereo� defects ar omissioas in the data, design cri.tezia, drawings, specifications or other infoirnnation fiunished by Owner to FNI that FNI may reasonabiy discover in its review and inspection thereof. INSURANCE: FNI shall provide to Owner certificates of insurance wluch shall coatain the following minimum co�erege (All limits in thousands): CommerciaE Ge�aeral Liabi�ity General Ag,gregate $2,000 Aatomobele Liebility {Any Auto} C5L $1,000 Workers' Compeasation Each Accident $500 Professional Liability $3,000 An�a,uai Aggregate SUSCONTRACTS: If, far any reason, at any time during the progress of pro�iding Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNTaccordingly and FNI shall take immediate s�teps for cancellation of snch subcoAtract Subletting by subcontractars shall be subject to the same regulations. Nothing contained in the AGREEMENT shalI create any contractual relation between any subcontractor and Owner. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project infoimation developed in the execution of the Services pro�ided under this AGREEMENT shall be the property of the Owner upon payment of FNT's fees for services. FNI raay retain copies for record purposes. Owner agi�ees such doc�ments are mot intended or represented to be suitable for revse by Owner or others. Any reuse by Owner or by those who obtained said documents from Qwner without written �erification or adaptation by FNI will be at Owne�s sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consuitants, and Qwner shall indemnify and hold harmless FN! and FNI's independent associates and comsultants from all clauns, damages, losses and expenses including attomeys' fees arising out ofor resulting therefrom, Any such �erification or adaptation will entit(e FATI to feirther reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the 5ervices provided under this AGREEMEN7' in FNI's other activities. Any reuse by FNI wiIl be at FNI's sole risk and without liability or legal exposure to Owner, and F'NI shall indemnify and hold harmless Owner fro�n all claims, damages, losses and expenses sncluding attoxneys' fees arising out of or resuIting therefrom. Page I of 2 F2VI OWNER POLLUTANTS A1VD ua � A RnOUS WASTES: It is eufderstood and agreed that F1VI has neither creatednor coninbuted to the creation or existence of aaiy hazardous, radioactive, toxic, irritant, pollutant, or otherwzse dangerovs substance or coac�ition at the site, if any, and its compensation hereeufder is in no way commensurate with the potential risk of injury or loss that may be catised by e�cposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore respons�ble for the existence of any pollutant present on or migrating from the site. i�luther, � shall have no respons�biliry for any pollutaat during ctean-up, h-ansportation, storage or disposal activiries. 10. OPINION OF PROBABL� COS'['S: FNI will fumish an opinion of probable project development cost based on present day cost, but does not guarantee the acc�acy of such esti.mates. Opinions of probable cost, financial evaluadons, feasibzlity studies, econonai.c analyses of altemate sotutious and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder wi�l be made on the basis of F'NI's experience and qualifications and represent FNI's judgment as an experienced and qualified desi� professional. It is recognizsd, however, t}aat FNI does nothave control over the cost of labor, material, equipment or services fumished by others or over market conditions or contractors' methods of determin;�g �eir prices. 11. CONSTRIICTIONItEPRESENTATION:IfrequiredbytheAGREEMENT,k'NIwillfiunishConsfructionAepresentation according to the defined scope for these services. k'NI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performi�g t}aese services, FNT will endeavor to protect Owner against defects and deficiencies in the work of Contractors; kNI will report any observed deficiencies to 4wner, however, it is understood that FNI does not guarantee the Gontracto�s performance, nor is FNf responsible for the supervision of the Contractor's operation and employees. k'NI shall not be responsible for the means, methods, techniques, sequences or procedures of coastruc�ion selected by the Coatractor, or the safety precautions and programs incident to the work of the Gontractor. FN! shall not be respoasible for the acts or omissions of any person {except his own empioyees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner desi�ates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or F'NI's ageat, the duties, responsibilities and limitations of authority of such Resident Project Aepresentative(s) will be set forth in writing and made a part of this AGREEMENT before the Construc�ion Phase ofthe Project begizis. 12. PAYMEIVT: Progress payments may be requested by FNI based on the amoun# of services completed Payment for the services of F1VI shali be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for s�vices shall not be submitted more freyuently than monthly. Any applicable new taaces imposed upon services, eupenses, and chazges by any governmental body after the e�cecution of this AGREEMENT will be added to FNI's compensation. If OWNEA fails to make any payment due FNI for services and expenses within thirty {30) days after receipt of FNf's statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, FNI may, ai�er giving seven (7) days' wri.tten notice to OWNER, suspend services under this AGREEMENT until FNf has been paid in full, all amounts due for services, e�enses and chazges. 13. ARBTTRATION: No azbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGIVM�NTS: OWNER and � each are hereby bound and the partners, successors, executors, adminis�ators and legal representatives of O WNER aud �TTI are hereby bound to the ot}aer party to this AGREEMENT and to the parmers, successors, executors, administrators and legal representatives {aad said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNi shall assign, sublet or �ansfer auy rights uader or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent tt�at any assignment, subletting or transfer is mandated by law or the effect of t�is limitation may be restricted by law. Unless specifical3y stated to the conUary in any written consent to an assignment, no assi�ment will release or discharge the assi�or from any duty or responsibility under this AGR�EMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates aad consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a�trchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any co�lict between t�e Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the coaflict. Page 2of 2 qn � �)�� OWNER� �� FEE PROPOSAL SUMMARY CITY OF COLLEYVELL� -JACKSON RD. AT CHEEK�PARGER RD. INT�RSECTION IMPROVEMENTS BASE CONTRACT OPTIONAL SERVICES Roadway Des9gn = $ Topographic and Boundary Survey = $ Environmental Service5 = $ Bid P�ase Service5 = $ Construc�ion Phase Senrices = $ Praject Expenses = $ BAS� CONTRACT = $ Defailed Dreinage Study (ff required) _ $ Detailed Landscape Design = $ Right-of-Way Document Pre�aration = $ Right-of-Way Acq�isition = $ OPTIONAL SEFtVICES = $ 80,500 Lump Sum 17,380 Lump Sum 8,13a Lump Sum 4,680 Lump Sum 9,470 Cost Pfus Not to Exceed 5,440 Cost Pius Not to Exceed 125,800 22,000 Cost Plus Noi to Exceed 12,740 Cost Plus Not to Exceed 4,9b0 Cost Pius Not to Exceed 22,110 Cost Plus Not to Exceed 61.800 FEE LIMIT BASE CONTRACT AND OPTIONAL SERViGES $ 187,400 R�IMBURSEABLE EXPENSES JACKSON RD. AT CH��K�PARGER RD. INY�RSECTION IMPROVEMENTS @x enses - Uesi n and Bid Phase Services Schematic Color Plots Full 5ite Plots Plots (Ftecord Drawings) F2eport Exhibits {Color) Prinfing (22x34 pfans) Printing (11x17 p{ans) Printing (5pec Books) Geotechnical Drilling Laboratory Soil Testing Mileage ToEal Number C2uantity 5 10 1 30 3 10 20 1 1 15 1 1 50 1 50 50 1 3 3 50 F2ate Unil $'f 0 Each $3 �ach $10 �ach $6 �ach $3 Each $4.50 �ach $25 @ach $420 @ach $450 Each $0.50 Mile FNI Markup: TOTAL REIMBURS�AB�E EXPENSES: Tota I $5D $3D $50D $180 $450 $250 $S00 $�,zso $1,350 $375 54,945 $495 $5,440 FKyp a�M Nkhok, lnc. . ... ,. ��.�� ProJaet Fee Sum�nery 3 a$ tiResowos8lGoMfed BYy ShedsICYCWeyWEeLC1�sp1 tl Cheek�6p+aryerfLtl4ianda6o�Alanl le di�! mi?•DaS74Fee -CdlayNke- Qieek Eparyerat Jad�son�lam yl�/p�p Free�e and Nlclwh. lne. . .��.' '� . :Ci1g of CoUey,Yitle � "� -' - To1el Bpak E S.t33 . . � �. _ . .. .Ja4laa�h Roid �And'Cha�k�pm�ar RoAd I�leifedllon p7�proven�erltf ' �.- . .. .- . . . . ProJeet Fee 6�mensry Twel S hl S ._ Detallad Cost Brealadaam - Envfronmentel 9eMees .�_� ��_. . .. .__ 4 018 LhAraowcee�COMntl Bhia 6he�1cIC1CdIeyrIA�llednm at CheelF6pe�per RdYipintleboalLSaiLLio tllan! 2D71-0;,ZitiFae- Cdleyvl0e- CAeek Bpwpar W Jadaon�Arn ?/�12072 Fnna antl Apcho� Inc. '�': .-+� CHyOfCalhyVlpe .=: . �.� TotalBa�IC 5 4,678 , ,.. ,: :. , „ , .: , . .�.. �; ,. '�., .�� '; �, �` ��' � JaclROn7ioiM�anq Cllee.k�$pergew Ro�ld �!Hdr�eesbn lilipe'pin�inin6Y ,'' . - . . ��.: � �, ��.. �'�:: Projact Fa� Summary Tot�1 Id S _ .. �atapsd Cost Breakdown - Bld Pheue 6oMces r�_� .,_�__. . .,.,., 6 of 8 LYtewwceaSCmdratl BY�e 6heamlClC�/e��rl9eUacl�awi M Chedn6�poryx iLGlROUtla6oaM1,enl MdIen12Q¢]-0�-�iiFee -CdieyylYs-CMe1c Sparyx al Jarisonxl�n yt�Rp�p Froaee anA FFkho6, Ya. - '" ..'. ';GkyofGONeyWlle TofalB..b S 9.472 . .. . . . , '.-.'�;:IAcktiorl:�Roedanq CIMSk�Ffparyx Rwd k�h�asetlal Ml�+bv.�ine�b , , . .. .. Praject Fae Sunrrwy ro�i 14 S Dataflad Coet @roskdown • CooatruclEon Phaae Sarvlce� ru_� ��_. . ., .-,-, 6 016 L:WesaaonslCO�prect &lue 6lbalelClGWleyvl�eUac�on at Cheek�ger RCRte�Idehocy�enl b d�eiY 1912-02-2'l�Fee- Coleyr�e - Cheeq Spe�qer al JerYson.aem y1�Rp�2 f�.a...na Nkror, m�. - ��: �� CI4yt of CNleyvilk �°�� Tvhl Bask S 72,005 . Cdwek�Bpm�j4iiJepkauhvlllo, I�ronainerne � .. .� . P�oyect Fsa 6um�wy Tot�l iYl S ,., , _ Datalled Cosf Breelmown - �raineae Studv � . . _.. ... . . - -- --- T nf 8 L'1Reeauice9lCOiq/B� BhM S�"�` aNeyrieUed`son el Cheelo-SpeigerRtllFipyqahoul46enl lu rJfeni 2o12ffA21�Fsa • Cme�Mle - Cheek Speiperat Jadaon.�lam 2f172072 Fne�e me MchoM1, Inc. ,,., . : ... - ,: .. . : :._ . �,. . ..' " ; CMY of Col�ik i , , , - , ' ;.CN6qk 8pary�rlJreldohl�le lmp►owen�nfa ' ;: : . �... � �� . . , �1. � ;7 . , �: �.- ,�� '�. ��: ; F4nJact Fea Bunnwry . . .. � DemNed %oat 91wahdern� . I_aMee�nw I]adnn � . . . B o18 L1R��MIYOtt BII� 8heets5ClCOieyNhUacNson ef Cheela6peipEf RtllRamdaboutlSeM M[llelk 2012-0�274Fee - C.dlh'�9e -Cheek'3pe�pe�el Jaduonylmn N21fI012 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 4c Agenda Date 10/16/2012 Number Resolution R-12-3549 Type Resolution Department Public Works Title Approval of the 2012 Sidewalk Construction Program and authorize the construction of the sidewalks Explanation Reading and Pub/ic Hearing The Colleyville Sidewalk Priorities Task Force was established by City Council on February 4, 1992, with the adoption of Resolution R-92-753. The primary objectives of the Sidewalk Priorities Task Force were to prepare and rank sidewalk projects for construction by the City or by private interests. On September 15, 1998, the City Council approved Resolution R-98-1414 that adopted ��The Colleyville Pathways: A Citywide Trail System for Colleyville" that identified a citywide network of trails and pathways for pedestrians. The purpose and direction of the Colleyville Sidewalk Priorities Task Force was refined by the adoption of Resolution R-03-2267 on November 18, 2003, which changed the name to the Colleyville Sidewalks Committee. On December 5, 2006, City Council modified the role of the Colleyville Sidewalks Committee to include trails, as well as sidewalks, by adopting Resolution R-06-2785. The modification resulted in a name change to the Colleyville Trails and Sidewalks Committee. The role of the Colleyville Trails and Sidewalks Committee was to provide recommendations and priorities to the City Council as to the needs of the pedestrian sidewalk and trail system. On March 3, 2009, the City Council amended Chapter 9- Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations. This amendment changed the way escrowed sidewalk funds could be used and allowed the funding to be used within established neighborhood districts instead of only at a subject location. The six neighborhood districts divide the City up geographically, and sidewalk escrows that had been paid previously were allocated to the neighborhood district for construction of sidewalks in that area. On December 6, 2011, the City Council adopted the Parks, Recreation and Open Space Master Plan by approving Resolution R-11-3433. The Master Plan was developed by Halff Associates, Inc., with input from several boards, committees, citizens, City of Colleyville Page 1 City Council Agenda Briefing 4c representatives of youth sports associations, and City staff. Included in the Parks, Recreation and Open Space Master Plan is a pathway plan that addresses the need for trails and sidewalks. The pathway plan identifies several sections of pathway and prioritizes each section based upon the connectivity between neighborhoods, parks, schools, other key destinations, the ease of implementation, connectivity to other pathways, and public support. On February 7, 2012, City Council adopted attached Resolution R-12-3464, which modified the role of the Colleyville Trails and Sidewalks Committee. The modification resulted in a name change back to the Colleyville Sidewalks Committee and adjusted the criteria for prioritizing sidewalk improvement projects. The following criterion was established for prioritizing sidewalk improvement projects: ■ Connectivity where gaps exist within neighborhoods and to destinations (businesses, schools, City parks, trailheads, etc.) ■ Constructability (not where future improvements would result in the sidewalks having to be reconstructed) ■ Cost The Colleyville Sidewalks Committee has met several times in order to prioritize possible sidewalk projects that could be funded by available escrow funds. The recommendations of the committee were presented to City Council at the September 18, 2012 Pre Council. During the presentation, the list of projects were slightly modified from the original recommendation of the Colleyville Sidewalks Committee. The modification from the original recommendation of the Colleyville Sidewalks Committee was shifting the proposed sidewalk from the north side of Colleyville Terrace to the south side of the road and extending the limits to Bransford Road. The proposed sidewalks include nine seperate locations that range from small sections to large sections of proposed sidewalk. The proposed sections include; • 3400 Windsor Court (Martin Parkway Frontage) • 3300 Cambridge Court (Martin Parkway Frontage) • 4607 Colleyvillle Boulevard (Centerpark Frontage) • 4700 Glade Creek Drive • 4000 Steeplechase Drive • 314 Delmar Court • 5801 Highland Meadow Drive • 812 - 708 Colleyville Terrace • 315 L. D. Lockett Road The section locations, cost, and scope of the work can be seen on the attached 2012 Sidewalk Recommendations. City of Colleyville Page 2 City Council Agenda Briefing 4c Financial Impact With the exception of the sidewalk section along Colleyville Terrace, all of the recommended projects can be funded by available escrow funds. This section of sidewalk is estimated to cost $60,000 and the available escrowed funds in that district are $6,028. The additional funding will be made available from the existing funds in the street reconstruction account within the Capital Projects Fund. Recommendation Approve Attachments 1. Proposed Sidewalks 2. Resolution R-12-3464 City of Colleyville Page 3 Project Address Street 2012 Sidewalk Recommendations Street Type Length of Width of Estimate of R.O.W. Sidewalk (feet) Sidewalk (feet) Required (feet) 1 a 3400 Windsor Court (Martin Partway) Non-Local 1f 3300 Cambridge Court (Martin Partway) Non-Local 2g 4607 Colleyville Blvd (CenterPark) Non-Local 2h 4700 Glade Creek Non-Local 21 4000 Steeplechase Local 20 314 Delmar Court Local 4b 5801 Highland Meadows Local 5a 812 - 708 Colleyville Terrace Local 6c 315 L.D. Lockett Non-Local 10 10 30 200 10 20 350 2030 100 5 5 5 5 4 4 4 4 5 NA (Current 60' ROW) NA (Current 60' ROW) NA (Current 60' ROW) NA (Current 60' ROW) NA (Current 50' ROW) NA (Current 50' ROW) NA (Current 50' ROW) NA (Current 50' ROW) City Owned Property Notes Estimated Escrow Funds Cost Available $1,500 $10,414.00 $1,310 $1,500 $6,000 $22,762.90 $1,500 $1,000 $8,500 $13,528.95 $60,000 $6,028.32 $2,600 $80,629.70 RESOLUTION R-12-3464 A RESOLUTION TO REPLACE RESOLUTIONS R-92-753, R-03-2267, AND R-06-2785, RELATED TO THE NAME AND THE SCOPE OF THE COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE WHEREAS, the City Council recognizes the importance of sidewalks as an improvement to both pedestrian safety and quality of life, and adopted Resolution R-92-743 on February 2, 1992, establishing the Colleyville Sidewalk Priorities Task Force; and WHEREAS, the City Council also recognized the recreational importance of a system of trails in the community and approved Resolution R-98-1414 on September 15, 1998, that adopted "The Colleyville Pathways: A Citywide Trail System for Colleyville" that identifies a citywide network of trails and pathways for pedestrians; and WHEREAS, the City Council refined the purpose and direction of the Task Force by approving Resolution R-03-2267 on November 18, 2003, which changed the name to Colleyville Sidewalks Committee; and WHEREAS, the City Council clarified and standardized the membership and terms of the Colleyville Sidewalks Committee and further refined the role and purpose of the Committee by adopting Resolution R-06-2785, which also changed the name of the Committee to the Colleyville Trails and Sidewalks Committee; and WHEREAS, the City Council adopted the Parks, Trails and Open Space Master Plan, which includes the priorities for development of the Colleyville trails system by approving Resolution R-11-3433 on December 6, 2011; and WHEREAS, the City of Colleyville desires to provide safe and accessible sidewalks by complying with the Americans with Disabilities Act, and WHEREAS, the City Council desires to refine the criteria for prioritizing sidewalk improvement projects in Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville Trails and Sidewalks Committee shall be renamed the Colleyville Sidewalks Committee. Sec. 2. THAT the following criteria, in order of priority, shall be adhered to by the Colleyville Sidewalks Committee in prioritizing sidewalk improvement projects: Q : Resolution R-12-3464 Page 2 of 2 Connectivity where gaps exists within neighborhoods and to destinations (businesses, schools, city parks, trailheads, etc.) Constructability (not where future improvements would result in sidewalks having to be reconstructed) C. Cost Sec. 3. THAT the Committee shall utilize the most current Supplemental Sidewalk System Map adopted by the City Council, and attached as Exhibit "A", for prioritizing projects. AND IT IS SO RESOLVED. APPROVED BY VOTE OF � AYES, D NAYS AND � ABSTENTIONS ON THIS THE DAY OF 2012. A `�ynthi�ngleton, TRMC, CMC City Secretary � CITY OF COLLEYVILLE � rx<��%I�.�/�- l � David Kelly Mayor Exhibit- �� A 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 4d Agenda Date 10/16/2012 Number Resolution R-12-3549 Type Resolution Department Public Works Title Approval to award a janitorial services agreement to CTJ Maintenance, Inc, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $128,000, and authorize the city manager to execute the agreement Explanation Reading and Pub/ic Hearing The City of Colleyville currently has a Cooperative Purchasing Agreement with Tarrant County, which allows the City to take advantage of contracts bid by the County. On September 25, 2012, Tarrant County Commissioners Court awarded Bid No. 2012-170 to CTJ Maintenance, Inc., for janitorial services. Bid No. 2012-170 is a two year contract with three one-year options to renew. Acceptance of this bid option through the Cooperative Purchasing Agreement allows the City of Colleyville the same vendor, fixed pricing, and terms and conditions offered to Tarrant County until September 30, 2014. CTJ Maintenance, Inc, has satisfactorily provided janitorial and ancillary maintenance services to City facilities in other cities in the region. Under the County bid, Colleyville facilities are classified as a group three category. The contract for 2013 has been adjusted to include janitorial services for the Public Works Service Center and a modest increase in hours for the Colleyville Center. Approval of the resolution extends the Tarrant County Bid 2012-170 through September 30, 2013. The Fiscal Year 2013 agreement with CTJ Maintenance will include the Justice Center, City Hall, Colleyville Public Library, Senior Center, Fire Administration, Colleyville Center, and the Public Works Service Center. Financial Impact Funding, in the amount of $128,000, is included in the various departmental building maintenance operating budgets for Fical Year 2013. Recommendation Approve Attachments 1. Tarrant County Bid No. 2012-170 annual contract for janitorial services City of Colleyville Page 1 ti� '��OUMp•;� REFERENCE NUMBER J' p l� /1 / p CJ r� �s COMIVIISSIONERS COURT PAGE i OF ]9 ! ''••� • * •.�sj COMMLJIVICATIQN DATE: 9I iS/2O � i ��CT; BID NO. 2012-170 - ANNiTAL CONTR.ACT FOR JANI'1'URiAL SERVICES - FACILITIES MANAGEMENT - VARIOUS VENDORS AT PER TUTAL PRICE BY GROUP COMMISSIONERS COURT ACTION RE(�UESTED: It is requested that the Commissioners Court award Bid No. 2012-170, Annual Contract for Janitorial Services, for Facilities Management, to the following vendors at the per total �ice by group: Groug 1 Buildings Include: Administrarion Suilding, 1895 Courthouse, Crimina! Courts Building, Crimir�al Justice Suilding, Tim Cwry Criminal Justice Center, Taylor Parking Garage, Calhoun Parking Garage, Family Law Center, Plaza Suilding, Plaza Parking Garage, and tlie Nsw Civil Courts Build'u�g (tentative l e� quatter of 20] 5 opening) Primary UBM Enterprise, Inc. Secandary Oriental Building Services, Inc. Alternate CTJ Maintenance, Inc. Grou� 2 Buildings Includs; Andsrsen Building, Charles F. Griffin Buil�ing, Lonnel E. Coo�er Building, Tarrant County Resource Connection (Buildings 1100, 1200, ] 300, l 400, 1500, and 2100), Dionne Philli�s Bagsby Southwest Subco�ouse, Miller Strest Administration Building Primary UBM Enterprise, Inc. Secondary Sizemore, Inc. Alternate CTJ Maintenance, Inc. Group 3 BuiIdings Include: Mansfield Subcourtlsouse, Medical Examiner's Office, Northeast Subcourthouse, Northeast Annex, Northwest Subcourthouse, Northwest Annex, Juvenile Center, Subcourthouse in Arlington, Southeast Subcaurthouse Annex, Elections Center, Sheriff s South Patrol, 5heriff s North Patrol, Precinct 2 Southeast Maintenance Center, Precinct 4 Road and Bridge Facility, Reproduc#ion Suilding, Records Management, and Public Hea]th WIC Clinics Primary CTJ Maintenancs, Inc. Secondary Oriental Building Servicss, Inc. Alternate UBM Enterprise, Inc. SUBMITTED HY: Purchasing PREPARED �Y: Gwen Peterson. C.P.M.,A.P.P. � APPROVED �Y: .� •'�•., �r '•* •.�.: }'} COMMISSIC .ERS COURT COMMUNICATION HEFERENCE NUMBHH: BACKGROUND: DATE: 9/25/2012 PAGE 2 OF 19 Notice of the County's inteat to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the American Tndian Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropoliten Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. One hundred thirteen (113) firms were con#acted and reyuested to participate in the bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested parties. A Pre-Bid Conference was held on September 4, 2012 and was attended by sixteen (16) firrns as well as representatives from Facilities Management and Purchasing. Twenty (2U} bids were received. The bids were evaluated by Facilities Management, Purchasing and the Aud�tor's O�ce to deteemine if the firms had the required management capability and financial viability to service Tarrant County under this large annua! contract. The bid received from Triangle Services did not meet spec�fications because the Bid Signature Form was not included. The bid received fror� Unicnre Building Maintenance, Inc. did not meet specifications because the Bid Signature Form was not signed. The bid received from Member's Building Maintenance, LLC did not include pricing for all items for Crroups 2 and 3, so their bid could not be considered for those Groups. The Auditor's review included a rating of the firm's financia! viability as: Accep#abla for Full or Partia� Contract or Incomplete (please reference the Auditor's report). The following firms are not recommended for award because the Tarrant County Auditor's Office deemed that they submitted Incomplete Financial Records aad therefore cannot determine if they have the financiai viability to service Tarrant County: All World Clean AY Partners DBA Four Corners Cleaning Entrust One Facility Services, Inc Mr. G's Contracting Services, Inc RAS Services, Inc. AHI Facility Services, Inc. D & A Building Services 7ames Enterprise Magic Brite ,Ianitorial Apparent 3� low bidder for Group 2 Apparent 2nd low bidder for Cnoup 1& 2, and Apparent 3�d low bidder for Group 3 Appareat 2°d low bidder for Cnoup 3 Apparent low bidder for Group 1 Apparent low bidder for Groups 2& 3 Not apparent 1�`, 2"d, or 3'd low bidder Not apparent 1�, 2"d, or 3"� low bidder Not apparent 1�, 2"d, or 3`d low bidder Not apparent lsr, 2"a, or 3�d low bidder . .... ... i :' ��:,. C�NIlVBSSI�..__..E''R � _'� �= COMML]I�TICATION •s ��•�• *�� }�� REFERSNCE NUMBER: DATE; 9/25/2012 PAGE 3 OF 19 The term of this agreement is for two (2) years, effectivc Octaber �, 2012, with three {3) options for renewal periods of twelve {12) months each. Therefore, it is the joint recommendation of Facilifies Management and Purchasing that Bid No. 2012- I70, Annual Contract for Janitorial Services, be awarded to the above listed vendors at the per total price by group. FISCAL IMPACT: Expenses are estimated to be approximately $2,532,OOOAO. Services requested are on an as-needed basis. RFB No. 2Q12-170, Annual Contrac# for Janifiorial Services r�c r-or,r = ur�nerar�wd rorm� - used vendor vro4;u�d rotafe RFB No. 2Q12-1T0, Annual Contract for Janitoriai Services Xe�c fa�=+xinere�cetl raers - used vendbr Pr+xaaed rarrs RFB Na. 2012-�70, Annual Cantract far Janitorial Serv�ces na4e r-aru c unbemxee rofats - uaae vendar F,oaadee rofats RFB No. 2012-17Q, Annual Contract for Janitorial Services :cucm � - o�u rnn.�nu wnuciueu l Additional Servioes - Fbar Car�s - Cost Per 54uere FooE fnr Additia� Strip 8 wmc - wolumilure movinp �equiied Strip � w� - Fumilura movinp requi[ed Not Water E�hac�on CarPel C(earinD - h10 Twn�ure movin9 ra4uked lior water Extredlon carpet ckanmg - Fumilure moving reQuired P�opane Bumishing af Te[razzo Flaars rtal Annually . . . Ad�Eional Sarvices - Coat S uare Footior Addilional Fioar Cere Strip & w�x - Nofumiturc nwving required 5trip � wax - FuRlitura rtrolenp required Hot W�ar Exkracda� Carpat Cleat�ing - No funu�ure moWnQ re�dred HpR Water Extraction Carpet Cleaninp - Fwniture mavir� required --•.. Prapane Bumfnhir� aF Tercauo Fbara_ rtal Mr�lly !. Add'Alanal Serviees - Costper Sguare Foot for Addltlanel Flaor Cem Strip 3 vwmc - No iumituro movirp roquired S1riP 8 waz - F�anilu[e ma�� requirnd Moe water 6�radlon Carpet Cl�nig - No iurcilure maving requkad-- Hot We�6er E�CtiOn Ca�pet C6eanin9 - Fumilure movfnp iequiied O�i�Ral BWlding Smv�. Mem6era 9uiEd'vip U9M Enlap�iaa. fne. CTJ �IelManenea, lne. Yrn Sizenw�e, Inc. Chi,nea CQporeticn MeirMenrrKa. LLC ESfi�1lat�d Da11eR T7I kvinp, T1C Dellee, T7( LewievilFe. T]( Miemi, FL Oe41ee. T]( Quan' NUB -Yes Hk1B -Yes HUB -Yea HU8 -No liUB -Yes HUB -Yes Care Prica r uare Foat - Gm�[ 9 Build s 54000 0.160 0.220 0.186 0.260 O.i73 0.240 73000 0.200 0.250 0.240 0.290 0.250 0.280 �oo o.�sa o.zzo o.tso o.z�o o.��o a.�eo 69000 0.200 0.250 0.230 0.250 0.250 0.22D 0 o.oeo a.o�o o.a7o o.��o o.o9s o.oso 537.685.00 E48_32fi_OD S43_798.00 $53.363.00 545.4$7.Qd 549.354.00 :r ua�e roac -arw c o� �eooa o.iso 51000 D.2Q0 2200Q 0.750 300 0.200 a o.oeo un.n ruu. - �Jd�Q �. i �} L7000 0.2D0 30D 0.450 �00�0 �.2da 0 0.080 o.zzo 0.250 o.a�a 4,125.Oq 0.z� 0.250 446.00 O.i80 0.240 0.160 0.230 0•'� � 0.240 D.160 0.23Q �.� 0.29Q 0.210 0.250 p.110 �.ZSQ 0.2� D.2�D D250 0.1'10 0.173 0.250 0.150 0.250 O.i195 1.739.OD 0.250 0.150 ND Bid No Bid No Bic! No Bid Na Bid NO Bid No Bid No Bid No Bid No Bid 0 rte6e rbnt = unaadance� ramis - tJagd vendorAwided rdals Notes: James Enterprise - Did not submit torms indicating if they agreed to Cooperati�e Purcha,sing or SecondarylAltemate Avrar+d Chi-Ada Corporatioir did not su6m[t forms indipting if they agreed to Cooperatn+e Purchasing or Secondary/Afterriate Award The fiolbwina did not mF.et ss�ccifications: Triangle Servioes - Did not indude Bid Signah�re Fam Unicare Building Mai+l6enance, Inc. - Bid nat signed Members Building Maintenance, LLC - for GroupS 2 and 3 only - Did n�t bid all items ier Group as required The fiotlowinq are not recommended,for �w�r� because the Tarrant Courrtv Audito�s Of�ce deemed that thev submitted kncomalete Finarzcial Reoords and therefore can �ot detiermine if thev ha�e the financial viabilitv to service Tarrant Countv. Ail Wor1d Clean Appar�ent 3rd low bidder far Group 2 AY Partner� DBA Four Comers Cleaning Apparerrt 2nd low bidder for Group 1 8 2, and Apparerrt 3rd low 6idder f�or Group 3 �ntrust One Facility Services, Inc. Apparent 2nd low bidder ier Group 3 Mr. G's cantrac4ng Services, Inc. Apparen# low hidder f�r Group 7 ftAS Services, Inc. Apparent low bidder for Group 2 8� 3 AHi Facility Services, lnc. D 8 A Building Servioes, Inc. James Er�terprise Magic Brite Janitorial Award Recommendation G, roup '� Primary Secondary Altemate Groua 2 Primary Secondary Altemate Groua 3 Pr�mary Seaondary Altemate UBM Enterprise, Inc. Orientai Buitding Services, Inc. CTJ Mairitenance, Inc. UBM Enterprise, Inc. Sizemore, fnc. CTJ Maintenance, Inc. CTJ Maintenance, Inc. Orientai B�ilding Servioes, Inc. UBM Er�erprise, Inc. �aic rro� = ch�bemnoaa ra�le - uaee,�abr P�d�d rot�b ....-.�,, T -, �,� ��v�yy��,�, .,� , ,� . :�` �; :� �� : � �': * '..- TARRANT COUNTY DHPARTMENT OF FACII.I7�S MANAa811�NT DAVID PHILLIPS DIItSCTOR 5eptember 18, 2012 To: Gwen Peterson Fram: David Phillip5 D� RE: lanitorial Bid RFB 2012-170 Gwen, based on ij the outcome of the meeting held between the Purchasing Department and Facilities Management yesterday, 2� the Audltor� Office review af financiat submittals and 3j today�s meetings between my staff, the Purchasing Department, UBM Enterprise, inc. and CTJ Maintenance, Inc.. I agree with the recammendatio� of: Groun One UBM Enterprise, Inc. Qrfental Building 5ervices, Inc. CT1 Maintenance, Inc. r tw UBM Enterp�ise, Inc. Sizemare, lnc. CT1 Maintenan�e, Inc. Groue Three CTJ Maintenante, Inc. Oriental Buildirtg Services, Inc. UBM Enterprise, I�c. dp I40 W. WHATN6RFd1tD FORT WOfl7'H. T87U9 76196 ta»> ae�..za�a 9: REr]EE TIDWEI.T.� CPA COUSVTY AUDlTOg Ms. Gwen Peterson: TARRANT C4UNTY TARRANT CO�JNTYADMIIV�BTRATION BUII.DII�TG • �()UMli08 100 E. WEA'F�RF08D F08T WOgT$ TESAFJ 7A198�8148 8171�BM1406 I+'� 8171884-1104 }ANITORIAL CONTRACT - FINAHCIAL VIABILITY ASSESSMENT RFB 2012-170 AiCEPTABLf FOR FULLOR PARTIAL CONTRACT LAST YEAR'S TBTAL REVENUES UGLSERVICES $A,500,OOU,OQO PAiiENT SIZEl1AORE 3B,745,923 $ UBM EN7ERPRISES, INC. 26,562,645 $ NEWBOLD S£RVICES 7.2,g68,3zfl $ MfMBERS BUILDING SERVICES g,595,993 $ OJS SY5TEM5 fi,905,G74 $ CTl MAINTENAHCS 3,517,780 $ ORIENTAL BUlLQING SERVICES 2,903,904 S CH]-ADA COR� 2,535,536 INCOMPLE7E . AMI fACILYTIES ALL WORLD CLEAN D& A BUIi.DING SERVILES, INC EN7iiU5T ONE FAMILY SERVICES FOUR CO�tNERS MAGI£ BRITE 1ANITORlAL MR G CONTRACTING RAS SERVIC�S � WORLUWIDE ElJTERPRISE5 Regards, � S. Rett �idwell, CPA County Auditor R�NALD D. HERT�I,, CPA F�t�rr �s9�as1V r CaUrrrf nUn�a'o$ 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 4e Agenda Date 10/16/2012 Number Resolution R-12-3549 Type Resolution Department Public Works Title Approval to purchase a replacement sewer inspection camera system through the Houston-Galveston Area Council (HGACBuy), in the amount of $72,507.50, and authorize the city manager to execute the purchasing documents Explanation Reading and Pub/ic Hearing On November 6, 2007, City Council authorized the purchase of an Aries brand sewer inspection camera system. That system has reached the end of its useful life and there are no dealers in the Dallas/Fort Worth area or in the State of Texas that can provide repair parts or maintenance support. The proposed replacement system will have the additional capability of providing for inspection of the City"s storm sewer system - a feature not available with the existing system. There has been a significant increase in the number of failures in the storm sewer system and the proposed camera system will allow staff to inspect problems without having to dig up buried storm sewer pipe for the sole purpose of determining cause of the failure. This additional feature will also allow staff to perform warranty inspections on public infrastructure built by developers, prior to the end of the warranty period. The proposed purchase, in the amount of $72,507.50, will be made through the Houston-Galveston Area Council (HGACBuy), per the attached quotation. Financial Impact Funding for this purchase is available in the Capital Equipment Replacement Fund. Recommendation Approve Attachments 1. Sewer Camera Price Quotation City of Colleyville Page 1 CONTRACT PRICING WORKSHEET Co�itract '• Date : SCO1-12 : 10/i2/2012 Foi- StRnd�rd Eqi�ipment Purcliases iVa.: Pi'epared: ; Tl�is Worksl�eet is prepared by Contractor and given to End User. �f a PO is issued, botii doc�iments MUST be faxed to H-GAC a 713-993-4548. Therefore please type or print legibly. Duy2ng ;C1ly of Collcyvilie Contrac�or. ;Green Equiptnent Cotup�tty I�ency: co�tarr ;�;rattdo�iRandall Pre�ared ;gr�ndo[�I3�tker Prrson: I3r�: Phonc: ES[7-312-7414 Plionc: :817-307-0$O8 Fa�: Fax: E��A��; EmaiL• E braiidociblker a grcencc�u[pco.corn pradacr E02G Dcsc��t�o�; :Rovve�• X ntAinli��e C�Ene�•a Package Cadc: A, Product Ite�� Base W�it Price Pe�' Coiitracta�•'s H-GAC Contract: 59750 B. Published Options - Itemize be�ow - Attaci� aciditional sl�ect if neccss�ry - Include Optio�� Cade i;� desc�'1�t10I1 lf �p��EC�UIC (Note: P►�blisi�cd OpEions are options �ti�hic}� �vere submitted �nd priced i�i Contr�ctor's Uid.} Description Cost Descriptia�i Cast Cr�wier ExtettsioE�ICarrier RCRI000 100�0 E. ( St�btotRl Fran� Additional Sheet{s}; Subtotal I3; � [�000 C. Unpublisiied Optioi�s - Itemize �ela�v - Attacl� additional sheet if ��ecessary (Note: iTnp��Ulis�ieci o�tions ar� ite��s «�liieh �i°ere rtot st�Umitied and priced in Coiitracior's bici.) Descripfion Cost Descrip#ion Cast Upgrade to Ravver X tt•uck mo�u�t Package 5750 HGAC Ad��iinish•ation Fee i 132.5 Subtotnl From Aclditional Slicet(s): SubtotRl C; � b8$2.5 Gteck: Total cost of iJupt�blished Options (C) ca�mot c�ceed 25% of tl�e total of tlic Sase U�iitE �'rice plus Publis}tcd Optio�ts (A+B), ror ffiis ti•ansaction ttee �ercentage is: 1�°/ D, Tofal Cost beCo�•c any otl�er applic�ble C}t�rges, Trade-Ins, AIlowa�eces, Discounts, Etc. (A�-B+C) Qu�niity OrdeE•ed: �l X Subtotal o£A + I3 + C: 76632.5 = Subtotal D; � 7G632.5 E, Trnde-Ins / Specia9 Discounts 1 Other Allo►vances / Freiglit / InstallRtian / Misce�laneous Charges Description Cost Descriptiort Cost Freight �4� Discount for RCRI000 Crawler Extension -4525 Subtotal E: ' -4125 Delive�y Date:; 90 Days r, Tofal Purchase Price (D+E): . 72507.5 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 10/16/2012 Number Ordinance 0-12-1856 Type Ordinance Department Community Development Title Approval of a request for a zoning change from R20-Single Family Residential to CC1- Village Retail on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case ZC12-013 Explanation Second Reading and Pub/ic Hearing There were no speakers regarding this request at the October 1, 2012 meeting. First Reading and Pub/ic Hearing Rex and Amanda Dunn submitted a request to change the zoning from the R20-Single Family Residential zoning district to the CC1-Village Retail zoning district on 0.64 acres located at 5008 and 5016 Thompson Terrace. The subject properties are currently platted, and contain a single family residence and an accessory building. The applicant is seeking a zoning change in order to utilize the properties for medical uses. Proposed Business. The applicants are proposing to reuse the existing 1,128 square foot structure with an approximately 283 square foot addition for a medical use called Dunn Acupuncture and Allergy Center. Parking. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area, therefore seven (7) parking spaces are required to be provided. Per the attached site plan, the applicants are proposing to add nine (9) parking spaces for the medical office use, therefore, they will meet the requirements of the Land Development Code regarding parking. Building Design. The building will be required to meet the regulations regarding the building design score within Chapter 6- Building Design of the Land Development Code. Currently, the building's design score is a 22, however, with the proposed changes; the building design score will then meet the score of a 30. Staff will ensure that the applicant will meet the required design score of 30 during the building permit process and the applicant's architect is aware of this requirement. Lot Sizes and Widths. The CC1 zoning district requires a minimum lot width of 150 square feet and a minimum lot depth of 120 feet. The subject properties, combined, meet the requirements of the CC1 zoning district as outlined in the Land Development Code. City of Colleyville Page 1 City Council Agenda Briefing 5a Surrounding Properties. The surrounding properties are a mixture of office, retail, restaurant, and single family uses. The property to the north is zoned R20-Single Family Residential, and is currently vacant. The property to the south is zoned CC1- Village Retail, and is developed as a general office use. The properties to the west are zoned CC1-Village Retail, and are developed as retail, office, and restaurant uses. The properties to the east are zoned CN-Neighborhood Commercial and R20-Single Family Residential, and are developed as single family and general office uses. Development Trends. The development trends in this area primarily focus on office and single family uses. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the Future Land Use Plan. Public Notification. Staff notified 19 property owners within 200 feet as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Te%gram as required by state law and the Land Development Code. Staff received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the September 10, 2012 by a vote of 7-0. Summary. In terms of development trends, the Thompson Terrace corridor has been in a state of redevelopment from residential to commercial for the past several decades. The proposed zoning change is in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area and is consistent with the surrounding zoning designations. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial Looking West 5. Statement of Planning Objectives 6. Current Site Plan 7. Proposed Site Plan 8. Building Elevations City of Colleyville Page 2 City Council Agenda Briefing 5a 9. Floor Plan 10. Ordinance 0-12-1856 City of Colleyville Page 3 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Bbtt LLC 6308 Remington PI<wy Colleyville TX 76034 005100 Thompson Terr Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005025 Colleyville Blvd Tanner, Jon Donovan 5204 Coventry PI Colleyville TX 76034 005025 Thompson Terr Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Brewer, Gladys L 5012 Oal< Timbers Ct Colleyville TX 76034 005012 Oal< Timbers Ct Trent, Stephen Etux Joy 1233 Melissa Dr Roanol<e TX 76262 005021 Thompson Terr Freed, Mickey PO Box 54833 Hurst TX 76054 005013 Colleyville Blvd Tanner, Jon Donovan 5204 Coventry PI Colleyville TX 76034 005016 Thompson Terr North Richland Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 Hills TX 76180 005005 Colleyville Blvd Bojl<u, Hajri 5309 Collyville Blvd Colleyville TX 76034 005017 Thompson Terr Tanner, Jon Donovan 5204 Coventry PI Colleyville TX 76034 005020 Thompson Terr Collins, Richard F 5004 Oal< Timbers Ct Colleyville TX 76034 005004 Oal< Timbers Ct Richard Family Limited Partner 5009 Thompson Ter Ste 102 Colleyville TX 76034 005009 Thompson Terr Dunn, Rex A Etux Amanda Dunn 312 Marseille Drive Colleyville TX 76034 005008 Thompson Terr Miller, Tom 1090 Texan Trl Grapevine TX 76051 005004 Thompson Terr King, Dale L PO Box 371 Colleyville TX 76034 005000 Oal< Timbers Ct Windy Pine Place Lp 12815 SE Rivercrest Dr Vancouver WA 98683 005005 Thompson Terr Dream Marriage Llc 2968 Harbor Cove Dr. Las Vegas NV 89128 005001 Thompson Terr Delgado, Marl< Etal 5000 Thompson Ter Colleyville TX 76034 005000 Thompson Terr Rex & Amanda Dunn, applicants 312 Marseille Drive Hurst TX 76054 applicant Public hearing notices were mailed by Amy Shelley on Friday, August 24, 2012 Buffer Map �i � �� `�' �,� 5��1 �1�38 �10� � I 5(] .� � 11�5 — - �1�i �ry 1+. � J1JO ��BiJ� u3 � ,� � � c�' t� 11 � �1[]4 €,� 1/�i � � �,-1 �15 5 �1 1 i �1Q€3 �.�.1� 1 �(]�} — �i1[Jp ��I�i4 5100 5141 11�� .1 F,1[�� 2F7 5�1�047 � r. � _.�.�� 2 � � 0 �}UL� �4JG� ��. � �7 �O 1 � � ��J�� []�12 �� 1'i �31 Ct�e � � 50 �I 3 � �000 �(]2{) � '�'�17 i i0� ,� �!D �1 i� *�� , � �s[]0� �iJ�S ,��'v �i0f]� � ��`�'`! �110 �' 1 1 � °. ��}8 � 5�}C1� 5{�Ch.� ��OOCI 11�0 11��1 111� 5{�0� � °� �1 �L1�►U� �L� - 4917 � 9[]� � 11 []5 �1105 �� 4�13� �� '.�� 11 � 0 I �� l � 1 1 � �s , 7�0� i 10 7'€[l �341 Aerial Looking West � �:r. #� - ,� ��- a - • • �. ,_� - � �.._ �� _ �- �� _ `;.� -� � . :-�1J; _ � +n��,� - 1� � � � . - � .�-i` . 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E+ . - - -,;. + ,� ; ti.d -�` . - ' _ ... _ �� ' `� _ `�' -�a �,� � � . � . � t ��. rut �:��'� `�� . ,��i' , .�s � � � , f'...J..�� , .��'� � .'° .;"4�.�r ,_ I . 'e� �. � Statement of Planning Objectives � . August 10, 2012 5008 Thompson Terrace Zoning Change Application Request Residential to CC1 Statement of Planning Objectives: Rex and Amanda Dunn have purchased the property at 5008 Thompson Terrace (lot 13 8� 14 - Blockl) and are requesting a zoning change from residential to CC1. The plan is to adaptively reuse the existing 1 128 square foot structure with an approximately 283 square foot addition for a medical use, Dunn Acupuncture and Allerav Center. The new facility will maintain an invitingly comfortable and familiar environment. The building allows thru placement of windows and interior spaces the ability for interaction with the surrounding landscape while being treated inside. The approximately .658 acres will include the updated facility, a front entry porch, parking for 9 vehicles, and landscaped areas. Planning of the site has maintained existing vegetation and trees along the creek and back lot area, as well as the mature tree in the front yard. New landscape area at the building front and walk to parking lot are added to further enhance the natural setting. The site is located on a street transitioning from residential to commercial use. The intended use will therefore enhance the neighborhoods revitalization efforts. Development Schedule: The owners intend to start construction in late October or Early November of this year. The projected Grand Opening is planned for January of 2013. Economic Development Information: The property will be transformed from residential to a medical use facility. First year annual revenue projections are for $250,000.00. As a medical use facility, the proposed use fits within the goals of the Colleyville Economic Development Strategic Plan dated March 2012 as Colleyville continues to market the community as a medical specialist, procedure, and lab center and build up the community's daytime population with well educated, well paid, medical professionals. Ward Architecture, PLLC • 609 Cheek Sparger Road Suite 118, Colleyville, TX 76034 •(817) 281-5600 We appreciate this opportunity to submit this information for the requested zoning change and look forward to the approval of the Planning and Zoning Commission and the City Council. Sincerely, Ward Architecture, PLLC F �=t� �%�� ' Gerald Ward, AIA, NCARB Ward Architecture, PLLC • 609 Cheek Sparger Road Suite 118, Colleyville, TX 76034 •(817) 281-5600 Current Site Plan // � �'. iaintl U2" � ��Fa � 3\ � (F r�• _ T \ �� I� 1' O o. LOi I-R� 6LOCK I � 4BARKEf ADDIpT10� "u��:r 3 p' INAGE ` P R.r.� r_ ` .��; °'� 3 i EAS�-�FNr (pr plat) _� �P — __. .. _ / /,� p „° � �� C � m° � 2 — — — _^ o� II Ng y / creek a ps� �5' UTILITT ��p yCP1AT - N 01' W"'m°' W�mi'10.6')�3' / iPeSEPjut) .n.�r I . i � � ' ��w aia• .�"^� n. m LOT I: I.�. � Feo�e vs: _ _ _ � � —. -, Y . . � m . ircn�piPe 5' UTILITY �0' DR/aINAGE�s, � � EASEI'ENT EqSEMENT N <°`� °'°c) <ae� aix) ai ka �� N . � I.o r �wo,� � $�LOT14 � I LOT 15 ,n � w p m a ol (� ��' LOT 13 = ONE STORY I I I BLOGK I FRAME I A� �5008 THOMP�IR, I TERRACE .��ei+:.� «Q� I mc �. a' BUILDING LINE - � '.9..�.� Gv Fla[ i fo�urW I/2o ��`� (ourd I/2° , �_ � f._F�;. . ,�, � .��:., �qag�--50e TFI 162.18' v.��.. �k�w�k ��. ae. - ` `� I.z�'s"': ; �. TNOMPSON TERRACE m°�" � r�� a o w_, '�l .' "; f PROPERTT DEYRIPTION Beirg Lots 13 mtl 14, Block I, THP'IFSON TERRP.CES, m cddltim to LM City of Gollsyvills� Tarrmt Cwnty� TeKac� acccrJing b tFn rr� recorded in Valume 30B-II� Page BI� Plat Records, Twrmt Coimty, Term. TNIS IS TO DEGIPRE Lhat an tMs do[e a z�rvey waz maEe an tM. g�ound� inder my e��im me s��nsio� or ue ebo+e a��xe v�i or ime. rrf�: � .�5roi: v.,er�x5, .�sro:e m.,e� or ea�m�c� � ��en�-�r-Way, o pratrvsim ��acept as sMum� mM tlnt this do[e the eascmenL� nghL-oF-way or aGher larctable mattcra oF rcca'd of which thc undentgnal Fwa Imaulcdge or Fm been odvised ae a+ slwwn ar nated hacon. The subJecL �x'oprrLy does not appear ta Ile wkFin tlr Ilmllz af o IOJ-yro� flootl M1azad ccNing ta tM I'iop publisMd by LM FeLSral Emapenry I'Imq{rmnt Agrnry� aM Ins a Zme `X' Qptirg m'aMUm by�op No. �0439C0195 H, dated AUGUST 2� 1995. Thv ata4inuik thot tf�e'p7vperty d- cr dow• rot Ib witNn a 100-yca- flmd xre is na[ to be taken oia ro [aliq'r-thN. thc o�WVh wil� or will rot flood. Thia aurvey ia rpt tn be used For wi$trucflai� pn,{ md la fu' [Ix uclrsive use of Alano Title Gsnpmy vd J.D. Tnrur <��PSS6�la[u mly mitl tM1�s survey �s maEe purs�.mt to tFo[ a^e certaF e cmnmf [ �nder tM GF nwnber O]-301%51� pravi2ed by tFe ti e cunpmy trvneE M1erem. NOTES ' LM � CONTROLLING MONUMENT. THE BEARINGS FOR TNIS SURVEY ARE BPSm ON PL4T RECORDED IN VOWME 38B-II, PAGE BI, P.R.T.C.T. COPIRIGHT 0 PREGISE L4ND SJRVEYING, ING. ALL RIGHTS RESERVEp. NO PART OF THIS DRAWING I'1AY BE REPRODIIGED BY PHOfO.',OPYIN6� REGOROING OR BY ANY OTHER nFANS� 02 STOrzE�� PROCESSED 02 TRANSMITTED IN OR BY ANY COI'iPVTER OR QIHER STSTFI'IS WITH04T THE PRILR WRIT�EN PlRi'115510N OF 'fHE SU2VEYOR. CCPIES OF THIS SURVEY WITHOUT THE ORIGINAL SIGNATURE IN BL4CK INK ARE NOT VALID. mi�cc � r or v� ouZn_L`Z._o7 et�`� R`�a's `;N4 ss ?4io V �n N rrr�� W In F � � = N 7 Q N � N v V2 �W x Q �� LL � N � O I� � � i/1 � �D �1 � � Q n fs.yi W � � N a ll.� (q U W�-�� R� W J H ��i- � z J z L�L O O � ¢a�v Z��Z �� O oo U fY m � F ' �.l` � E9ff ai�/�+ rao,�� "'�.,'�° _'. � ii Proposed Site Plan !2 LANE ROHD - NO iVI�DiAiV') ARCHITECTURALSITE PLAN 01 .. .._� WnRp ARCNITECil1RE PLLC W U Q �wQ w�x � z�� p w w a > > Q a J Q � � Q � O O � �SITE PLAN A1.00 WFR� ARCHITEGTIIRE PLLC ISSUFA fdA MFMY kMFW �. 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I �� s� 2 � .� .. �._4„ � �._9,. 0 ��N v ;.� � ci V � _ iN � �o q m � iN ['J WnRp ARCNITECil1RE PLLC w U Q � w Q w � X � Z � ~ Q w W a j � Q a J Q � � Q � 0 � � �FLOOR PLAN A2.00 ORDINANCE 0-12-1856 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON LOTS 13 AND 14, BLOCK 1, OF THE THOMPSON TERRACE ADDITION, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE CC1-VILLAGE RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC12-023; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Ordinance 0-12-1856 Page2of4 Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lots 13 and 14, Block 1, of the Thompson Terrace Addition, from the R20-Single Family Residential zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit ��A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec.4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-12-1856 Page 3 of 4 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 8. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15t day of October 2012. The second reading and public hearing being conducted on the 18t" day of October 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit ��A" - Location and Zoning Map 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 10/16/2012 Number Resolution R-12-3550 Type Resolution Department Economic Development Title Approval to amend Resolution R-11-3387, the Incentives Guidelines and Criteria Explanation Reading and Pub/ic Hearing Colleyville City Council established the Matching Grant Program, when Councilmembers unanimously approved a revised set of Incentives Guidelines and Criteria on November 3, 2010. On August 2, 2011, City Council amended the program, approving changes to the definition, minimum investment levels, and payment terms for tenant improvement matching grants of destination retailers and restaurants. At the August 21, 2012 Pre Council meeting, City Council discussed the Matching Grant Program portion of the Economic Development Incentives Guidelines and Criteria. City Council had previously requested staff provide a follow-up discussion of the program, particularly in relation to intent, geographic focus, terms, and grant amounts. Based upon City Council direction given at the August 21, 2012 Pre Council meeting, staff incorporated City Council's recommendations into the Incentives Guidelines and Criteria, which are included in proposed Resolution R-12-3550. The proposed changes include: 1. Limiting applicants to any one of the three Matching Grant types, so applicants may not combine or stack grants. 2. Increasing the Matching Grant maximum to $30,000. 3. Requiring applicants, for tenant improvement Grants for destination restaurants and retailers, to document how they will attract residents of other neighboring communities, in addition to Colleyville residents. 4. Further strengthening the definition of a destination restaurant or retailer. 5. Stipulating that applicants, for tenant improvement Matching Grants, invest a minimum of twice the amount sought. City of Colleyville Page 1 City Council Agenda Briefing 6a 6. Additional language on Matching Grant priorities; for instance, applicants are informed that highest priority will be given to applicants located on or adjacent to Colleyville Boulevard (SH26), as well as to applicants that either generate taxable sales or have signed, contingent leases with tenants that do. 7. Applicants are notified that not all projects will have the same merit and, therefore; there is no guarantee that a Matching Grant will be awarded to each applicant. 8. Clarification that City Council will not consider applications for the same address of a previous Matching Grant recipient unless the time period of the first grant has expired, all of the original criteria have been met, and the property ownership has changed. 9. The seven selection criteria originally identified by the Architectural Review Commission. Financial Impact There is no financial impact. Recommendation Approve Attachments 1. Incentives Guidelines and Criteria - with October 2012 Revisions 2. Resolution R-12-3550 City of Colleyville Page 2 CITY OF COLLEYVILLE, TEXAS ECONOMIC DEVELOPMENT INCENTIVE GUIDELINES AND CRITERIA Section 1. General Purpose and Objectives General Purpose The policy herein is intended as a guide for use in developing economic development incentive packages under the provisions of state law. Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose adopted within this set of Guidelines and Criteria. Objectives The City of Colleyville, Texas, has made a long-term commitment to economic development. The City seeks to foster a more diversified tax base so that it may deliver sustainable government. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give consideration to providing tax abatements and other forms of economic development incentives as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to provide any type of incentive to any applicant. The City of Colleyville's Economic Development Department is charged with retaining existing businesses, attracting new businesses and marketing Colleyville—with the goal of expanding the City's commercial tax base. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish these important tasks: ➢ To identify and assist retail developers, corporate office and medical/physician specialist/laboratory-related facilities to invest and build new, high quality sales and property tax-generating projects in Colleyville; City of Colleyville Guidelines and Criteria Page 2 ➢ To assist landowners in the sale, development, and redevelopment of potential retail, office and hotel sites to their highest and best use; and ➢ To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and other sales tax and property tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goal, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to attract similar new businesses to Colleyville. Within the context of these goals, the City of Colleyville will give consideration to providing reasonable incentives as a stimulus for new development and redevelopment on a case-by-case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to an applicant. The City recognizes that only certain businesses are worthy of incentives. Section 2. Criteria Any request for a tax abatement or any other type of economic development incentive shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will address in narrative form within or on pages attached to the City's Application for Economic Development Incentives: Employment Impact ➢ Total number of full time equivalent jobs brought to Colleyville; ➢ Types of jobs created; ➢ Total annual payroll. Fiscal Impact ➢ Total real and personal property value to be added to the tax roll; City of Colleyville Guidelines and Criteria Page 3 ➢ Anticipated direct sales tax to be generated at one (1) percent of taxable sales; ➢ Other revenues generated for the City: franchise payments, occupancy taxes, utility revenues, etc.; ➢ Amount of city infrastructure construction or participation required; ➢ Projected total annual operating budget of the facility. Community Impact ➢ The expected effect the project will have on the local housing market; ➢ The expected environmental impact, if any, created by the project; ➢ The compatibility of the project with the City's Comprehensive Plan; ➢ The impact on neighboring businesses and/or property owners; ➢ The project's location (i.e. is it proposed to be located in a targeted area or an area designated for redevelopment?); ➢ The project's impact on the cost or provision of Colleyville municipal services; ➢ The project's type of business enterprise (i.e. is it among the types of businesses targeted for retention within or attraction to Colleyville?). Competitive Impact ➢ The effect the project would have on existing businesses in Colleyville; ➢ A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; ➢ A list of specific businesses seen as direct competitors to the applicant. Please note that the City of Colleyville seeks first to retain existing businesses and therefore will consider whether an applicant will compete or potentially displace existing Colleyville businesses. Section 3. Types of Incentives It is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Colleyville's goal is to adequately package incentives, City of Colleyville Guidelines and Criteria Page 4 with clear parameters, that are tailored to match business needs—as well as to the types of businesses Colleyville prefers. Likewise, Colleyville recognizes how incentives that encourage business growth and development are often unique to the needs of each individual business. The City is therefore open to discuss any particular incentive(s) that may be necessary for a business to ensure its success in Colleyville. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport exemptions, state tax grants and other grants in general, as well as participation in infrastructure and waiver of fees. These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program. The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville. All incentive agreements will be performance-based. Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 4. Value of Incentives Following an assessment of the response provided to the criteria contained in Section 2, the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be granted to the applicant. The review process will examine the ��value added" terms of the project. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Moreover, the City will consider whether the proposed business type is included on the targeted list identified within the three point strategy included in Section 1. above. Preference is given to medical/physician specialist/laboratory-related facilities and corporate office uses. City of Colleyville Guidelines and Criteria Page 5 Tax Abatements: A Tax Abatement may be offered in two categories: 1. Real Property (not located in the TIF District); and/or 2. Business and Personal Property Real property abatements may be offered to applicants which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply only to the value of improvements made. Business Personal property abatements may be offered to applicants which will pursue the purchase or long-term lease of existing facilities. The abatement will apply to the value of new personal property brought into the taxing jurisdiction. State law permits municipalities to grant a maximum property tax abatement of 100 percent each year for up to ten (10) years. Once a determination has been made that a tax abatement may be offered, the City will determine the value and term of the abatement according to the following schedule: Minimum Abatement Percentage of Property Duration Abatement Investment Considered by Council $2 million* 15t year Up to 100% 2na year Up to 90% 3rd year Up to 80% $5 million 15t year Up to 80% 2na year Up to 70% 3rd year Up to 60% $10 million+ 15t year Up to 60% City of Colleyville Guidelines and Criteria Page 6 2na year Up to 50% 3rd year Up to 40% *Only medical, physician-specialist or laboratory facilities are eligible for consideration. Each application for consideration of a tax abatement, whether for Real Property or Business and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall cover the cost of staff time spent analyzing and evaluating the application's merits. G ra nts The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas Local Government Code also permits loans and grants of City funds and use of City staff and City facilities at minimal or no charge. Any such use must be construed as serving a��public purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and the applicant. Retail Sales Tax Grants By contract, the City may provide an incentive consisting of an annual grant through a tax rebate, based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant. The City is authorized by Section 380.001, Texas Local Government Code, to make such grants. Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable items by the applicant at the applicant's business location in the City. The applicant by contract will be required to provide a sales tax certificate setting forth the applicant's collection of sales and use tax for the sale of taxable items consummated at the applicant's business location in the City for the previous ending twelve (12) calendar month period, with such supporting documentation as may be required by the City. The grant would be conditioned on ownership/occupancy of the project site. City of Colleyville Guidelines and Criteria Page 7 the applicant's continued The sales tax grants would be paid in annual installments within ninety (90) days of the end of each twelve (12) calendar month period following the issuance of the certificate of occupancy for the facility, or other commencement date if no certificate of occupancy is required. The grant would not include any of the City sales and use tax receipt from the imposition and collection of sales and use tax for taxable items consummated at any location, business establishment or by any other entity in the city, other than from the applicant's sale of taxable items at the applicant's business location in the city. Any sales tax grant payable would be limited to the extent that the City has received sales tax from taxable sales by the applicant. The City would not be required to provide any grant for any twelve (12) calendar month period during the term of the agreement for which the City has not received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar month period. The City's obligation to pay the sales tax grants in the agreement would additionally be conditioned upon the applicant requesting and providing sales tax documentation from the Office of the Comptroller of the State of Texas. The City may also condition the incentive upon the creation of employment, construction of improvements, certain development, continued operations for a stated period, or other public consideration. Any incentive agreement shall be written in a legally enforceable contract. The contract shall require the applicant to construct certain improvements or expansions and contain at a minimum the following terms: 1. Generation of a certain level of sales tax; 2. An annual written certification that applicant is in compliance with the agreement; 3. Authority to terminate or modify the agreement if applicant fails to comply with agreement; 4. Minimum term of occupancy or continued operations within the city. City of Colleyville Guidelines and Criteria Page 8 5. Authority/permission for the City to schedule an annual inspection of the business or facility. 6. Annual review of the business entity's financials; 7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal increases throughout the term of the contract. 8. Claw-back or recapture of any and all rebated grants should the applicant default on any portion of the contract (see Section 5. Recapture below). In the event the applicant files an amended sales and use tax return; or report with the State of Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas, affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant payment for the next twelve (12) month calendar period immediately following such State of Texas approved amendment could be adjusted accordingly provided that the City has received sales tax receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the applicant should provide the City with a copy of any such amended sales and use tax report or return, and the approved thereof by the State of Texas. In the event the State of Texas determines that the City erroneously received sales tax receipts, or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and use tax for a previous twelve (12) calendar month period for which the applicant has received a sales tax grant, the applicant will be required within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such sales tax grant exceeds the amount to which the applicant was entitled pursuant to such State of Texas determination, repay such amount to the City. Infrastructure Participation and Waiver of Fees The City of Colleyville may agree to partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, building permit applicants, utility taps and similar fees. City of Colleyville Guidelines and Criteria Page 9 Matchinq Grants In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also consider providing matching grants of up to $3�30,000 for � any and only one of the following types of investments through a public/private, cost-sharing program: 1. Fa�ade improvements—Existing building fa�ade improvements that meet the following criteria: ➢ Proposed improvements must exceed City's minimum rating criteria for commercial building designs; ➢ Proposed improvements must be reviewed and approved by an Architectural Review Commission. 2. Signage removal and replacement—Assistance with pole sign removal and/or replacement as landscaped monument signs or landmark signs (if applicant meets the City's square footage requirement); signage plan must meet the following criteria: ➢ Proposed signage removal and replacement must meet all the current requirements of the City's Land Development Code and be reviewed and approved by an Architectural Review Commission. 3. Tenant improvements for destination restaurants and retailers— Restaurants or retailers interested in applying for a matching qrant for tenant improvements must not be presently located in Colleyville or any immediately adjacent city, if new, and not replicated in any adjacent city if existing.-; moreover, applicants must show that they will attract residents of other, neiqhboring communities (in addition to Colleyville residents). Matching grants for this purpose are designed to help stimulate redevelopment and development (i.e. tenant finish out) of spaces to accommodate these types of restaurants and retailers, providing a way to attract diners, shoppers and expenditures from other parts of our region, from even outside the region and to reduce existing leakage within the region. Those associated expenditures become additional City of Colleyville Guidelines and Criteria Page 10 revenues to Colleyville's businesses, wages to the employees, and tax receipts to the City. By definition, ay4 destination restaurant or retailer is a dining or shopping establishment that is unique to the City's primary trade area, as delineated by the Colleyville Merchandising Plan. As it relates to the idea of "destination" restaurants and retailers, Wikipedia defines a destination restaurant as "one that has a strong enough appeal to draw customers from beyond its community." Prentice-Hall's On-line Glossary notes that a destination retailer is ��A retailer to whom consumers will make a special shopping trip." And BusinessDirectory.com adds that it is a"Popular retailer (catalog, store, or website) from whom customers, attracted by its ambience, price, and/or variety, will make a special effort to buy." To qualify for matching grant consideration under Matching Grant Program category 3, applicants must illustrate that their proposed restaurant or retail establishment- 1) Will be unique to Colleyville's primary retail market; 2) Is investing a minimum of �� twice the amount of sought e-�rfor interior tenant improvements (qualifying as real property improvements that will remain with the building in a worst case scenario), and exclusive of any equipment or fixtures (i.e. personal property that could be removed and sold on the secondary market, again in a worst case scenario). All applications for Matching Grants associated with a new or relocatinq business venture occupyinq an existina buildinq must also submit a written business plan for review and comment by the City's SCORE business counseling office. When considering applications for Matchina Grants, hi hq est priority will be qiven to City of Colleyville Guidelines and Criteria Page 11 1) A�plicants whose property is located on or adjacent to Colleyville Boulevard (SH26). Not all projects submitted for City Council consideration have the same merit; therefore there is no auarantee that a grant will be awarded to each applicant. 2) Applicants that qenerate or which has siqned, continqent leases with a tenant or tenants that generate sales tax revenues. Please note that City Council will not consider a�plications for the same address of a previous grant recipient unless the time period of the first arant has expired, all of the oriainal criteria have been met and the property ownership has chanqed. As identified by the Architectural Review Commission, projects havinq the areatest aesthetic impact in the city should likewise be aiven priority. In evaluating applications, they have recommended that Colleyville focus on and seek the followinq: 1. Projects that will encourage other restoration or redevelopment in the local proximity. 2. Projects where an immediate renovation will stop serious deterioration of the buildinq's facade. 3. Projects that improve the architectural intearity of the buildinq fa�ade. 4. Projects that demonstrate collaboration with adjacent properties and will help to attract people to Colleyville. 5. Projects that will result in new or increased property values or the aeneration of either sales or occupancy tax revenues for the City. 6. Projects which are strategically located. 7. Projects that may have a positive impact on existing, adjacent properties. In addition, proposed projects will be reviewed and based on the merits of individual applications. Individuals contemplatinq an application to the City's Matchina Grant Program should note that general buildina maintenance is not eliqible under this proaram. All applicants will be considered on a case- bv-case basis. City of Colleyville Guidelines and Criteria Page 12 Matching Grant incentives approved for the first two categories will consist of cash payments payable upon successful completion and inspection of all facility improvements or redevelopment, as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant. If the City chooses to utilize the Matching Grant program for one of the first two categories of improvements, the City may elect to make a grant in an amount up to 50% of the cost of improvement, not to exceed $3�30,000 per improvement, with a minimum business investment of $15,000. Matching Grant incentives approved for the third category will be paid out, likewise as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant, in �ee two equal payments e�e� within the first �ee two years of operation (i.e. one half after improvements have been inspected and the business opens its doors and the other one half after completion of one year of operation). Foraivable Loans The City of Colleyville will consider providing destination restaurants or retailers (again, ones that have ��a strong enough appeal to draw customers from beyond" our community or ��to whom consumers will make a special shopping trip") with forgivable loans of up to an amount negotiated by the City Council, in which the restaurant or retailer is forgiven a portion of its loan for each year it is open and operates. Any loan approved under this program shall be forgiven 20% each year for up to 5 years. Thus for example, if City Council approves a forgivable loan amount of $100,000, it is to be forgiven in annual increments of 20% or $20,000, beginning one year after the issuance of a certificate of occupancy. The entire loan amount may be recaptured by the City, should the restaurant or retailer suspend operations at any time within 5 years following the issuance of a certificate of occupancy. Non-Cash Incentives City of Colleyville Guidelines and Criteria Page 13 The City of Colleyville will also consider providing non-cash incentives (primarily procedural in nature) for stimulation of development and redevelopment. Such incentives include: 1. Signage and intersection improvements already funded within the CIP; 2. Fast-track planning, plans review and permitting, as staff work level allows; 3. Dedicated inspections; 4. Corporate relocation assistance for employees and their families; 5. Employee recruitment and training, as funded through State of Texas grant programs and Tarrant County College; 6. Possible access to community bank lending through the City's CDARS program; 7. Recreational opportunities; 8. Business promotion and assistance; 9. Assistance with demolition of existing and new investment. Public Improvement Districts structures for redevelopment The City of Colleyville is also willing to consider the creation of Public Improvement Districts (PIDs). Public Improvement Districts may be created by a municipality at the request or with the consent of property owners. PIDs allow for the levy of voluntary assessments and the issuance of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for capital improvement projects and maintenance within the geographic area. Section 5. Recapture All incentive agreements shall include a provision allowing City staff access to the applicant's business and/or facilities for an annual inspection, so the City may monitor and enforce accountability. In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyville City of Colleyville Guidelines and Criteria Page 14 in full. All incentive agreements will be negotiated and executed to include claw-back provisions. Section 6. Procedural Guidelines Any person, organization or corporation desiring that the City of Colleyville consider providing economic development incentives to encourage location or expansion of operations with the city limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide incentives of any amount or value to any applicant. Preliminary A�plication Steps 1. Applicant shall complete an ��Application for Economic Development Incentive" as provided by the City. 2. Applicant shall address all criteria questions outlined in Section 2. above directly on the application form and in letter format, if additional explanation and information are necessary. 3. Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site. If the property is described by metes and bounds, then the applicant shall also provide a complete legal description. 4. Applicant shall present the application to the Director of Economic Development and obtain his/her signature that the package is complete before formal submission to the City. Applicant shall complete all forms and information detailed in items 1 through 3 above and submit them to the Director of Economic Development, City of Colleyville, 100 Main Street, Colleyville, Texas 76034. Application Review Steps City of Colleyville Guidelines and Criteria Page 15 1. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 2. The application will be distributed to the appropriate City departments for internal review and comment�. Additional information may be requested as needed. 3. Copies of the complete application package and staff comments will be provided to the City Council. 4. In light of the proprietary nature of this data, all information included within the application shall remain confidential unless and until formal action is taken to establish an incentive agreement. Consideration of the A�plication The City Council will consider the application at a regular or called meeting(s). State law stipulates that incentives need to be endorsed by a local governing body. Therefore, additional information may be requested as needed. The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate. The Colleyville City Council shall hold a public hearing and determine whether the project is ��feasible and practical" and whether it ��would be of benefit to the land to be included in the zone and to the municipality." The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. City of Colleyville Guidelines and Criteria Page 16 The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives. If the City Council chooses to grant a tax abatement, the City must designate an area as a reinvestment zone. Any City designating a reinvestment zone must make two findings: 1. Proposed improvements are feasible and practical and would benefit the zone; and 2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion include 1) whether the proposed project within the zone is likely to contribute to the retention or expansion of primary employment or 2) to attract investment within the zone. RESOLUTION R-12-3550 A RESOLUTION TO REVISE RESOLUTION R-11-3387 ADOPTING GUIDELINES AND CRITERIA FOR ECONOMIC DEVELOPMENT INCENTIVES WHEREAS, Texas State law provides for a home rule municipality to offer various economic development incentives; and WHEREAS, the City of Colleyville has made a long term commitment to economic development, and the City seeks to foster a more diversified tax base so that it may deliver sustainable government; and WHEREAS, the economic viability of the City of Colleyville depends upon the City's ability to retain and foster the expansion of existing businesses, as well as attract new investment through the location of new businesses; and WHEREAS, the City of Colleyville recognizes it must also enhance its competitiveness with other communities and especially neighboring municipalities; and WHEREAS, Chapter 312 of the Texas Tax Code requires that each taxing entity who wishes to consider granting economic development incentives must first adopt a set of guidelines and criteria, and the City of Colleyville desires to update Resolution R-11-3387. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Economic Development Incentive Guidelines and Criteria contained in Exhibit ��A" are hereby adopted. Sec. 2. THAT the City of Colleyville will utilize said Guidelines and Criteria to negotiate and consider economic development incentive programs. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 16T" DAY OF OCTOBER 2012. ATTEST: Resolution R-12-3550 Page2of2 CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor Exhibit A CITY OF COLLEYVILLE, TEXAS ECONOMIC DEVELOPMENT INCENTIVE GUIDELINES AND CRITERIA Section 1. General Purpose and Objectives General Purpose The policy herein is intended as a guide for use in developing economic development incentive packages under the provisions of state law. Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose adopted within this set of Guidelines and Criteria. Objectives The City of Colleyville, Texas, has made a long-term commitment to economic development. The City seeks to foster a more diversified tax base so that it may deliver sustainable government. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give consideration to providing tax abatements and other forms of economic development incentives as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to provide any type of incentive to any applicant. The City of Colleyville's Economic Development Department is charged with retaining existing businesses, attracting new businesses and marketing Colleyville—with the goal of expanding the City's commercial tax base. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish these important tasks: ➢ To identify and assist retail developers, corporate office and medical/physician specialist/laboratory-related facilities to invest and build new, high quality sales and property tax-generating projects in Colleyville; ➢ To assist landowners in the sale, development, and redevelopment of potential retail, office and hotel sites to their highest and best use; and ➢ To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and other sales tax and property tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goal, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to attract similar new businesses to Colleyville. Within the context of these goals, the City of Colleyville will give consideration to providing reasonable incentives as a stimulus for new development and redevelopment on a case-by-case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to an applicant. The City recognizes that only certain businesses are worthy of incentives. Section 2. Criteria Any request for a tax abatement or any other type of economic development incentive shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will address in narrative form within or on pages attached to the City's Application for Economic Development Incentives: Employment Impact ➢ Total number of full time equivalent jobs brought to Colleyville; ➢ Types of jobs created; ➢ Total annual payroll. Fiscal Impact ➢ Total real and personal property value to be added to the tax roll; ➢ Anticipated direct sales tax to be generated at one (1) percent of taxable sales; ➢ Other revenues generated for the City: franchise payments, occupancy taxes, utility revenues, etc.; ➢ Amount of city infrastructure construction or participation required; ➢ Projected total annual operating budget of the facility. Community Impact ➢ The expected effect the project will have on the local housing market; ➢ The expected environmental impact, if any, created by the project; ➢ The compatibility of the project with the City's Comprehensive Plan; ➢ The impact on neighboring businesses and/or property owners; ➢ The project's location (i.e. is it proposed to be located in a targeted area or an area designated for redevelopment?); ➢ The project's impact on the cost or provision of Colleyville municipal services; ➢ The project's type of business enterprise (i.e. is it among the types of businesses targeted for retention within or attraction to Colleyville?). Competitive Impact ➢ The effect the project would have on existing businesses in Colleyville; ➢ A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; ➢ A list of specific businesses seen as direct competitors to the applicant. Please note that the City of Colleyville seeks first to retain existing businesses and therefore will consider whether an applicant will compete or potentially displace existing Colleyville businesses. Section 3. Types of Incentives It is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Colleyville's goal is to adequately package incentives, with clear parameters, that are tailored to match business needs—as well as to the types of businesses Colleyville prefers. Likewise, Colleyville recognizes how incentives that encourage business growth and development are often unique to the needs of each individual business. The City is therefore open to discuss any particular incentive(s) that may be necessary for a business to ensure its success in Colleyville. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport exemptions, state tax grants and other grants in general, as well as participation in infrastructure and waiver of fees. These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program. The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville. All incentive agreements will be performance-based. Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 4. Value of Incentives Following an assessment of the response provided to the criteria contained in Section 2, the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be granted to the applicant. The review process will examine the "value added" terms of the project. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Moreover, the City will consider whether the proposed business type is included on the targeted list identified within the three point strategy included in Section 1. above. Preference is given to medical/physician specialist/laboratory-related facilities and corporate office uses. Tax Abatements: A Tax Abatement may be offered in two categories: 1. Real Property (not located in the TIF District); and/or 2. Business and Personal Property Real property abatements may be offered to applicants which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply only to the value of improvements made. Business Personal property abatements may be offered to applicants which will pursue the purchase or long-term lease of existing facilities. The abatement will apply to the value of new personal property brought into the taxing jurisdiction. State law permits municipalities to grant a maximum property tax abatement of 100 percent each year for up to ten (10) years. Once a determination has been made that a tax abatement may be offered, the City will determine the value and term of the abatement according to the following schedule: Minimum Abatement Percentage of Property Duration Abatement Investment Considered by Council $2 million* 1St year Up to 100% 2�d year Up to 90% 3rd year Up to 80% $5 million 1St year Up to 80% 2�d year Up to 70% 3rd year Up to 60% $10 million+ 1St year Up to 60% 2�d year Up to 50% 3rd year Up to 40% *Only medical, physician-specialist or laboratory facilities are eligible for consideration. Each application for consideration of a tax abatement, whether for Real Property or Business and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall cover the cost of staff time spent analyzing and evaluating the application's merits. Grants The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas Local Government Code also permits loans and grants of City funds and use of City staff and City facilities at minimal or no charge. Any such use must be construed as serving a "public purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and the applicant. Retail Sales Tax Grants By contract, the City may provide an incentive consisting of an annual grant through a tax rebate, based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant. The City is authorized by Section 380.001, Texas Local Government Code, to make such grants. Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable items by the applicant at the applicant's business location in the City. The applicant by contract will be required to provide a sales tax certificate setting forth the applicant's collection of sales and use tax for the sale of taxable items consummated at the applicant's business location in the City for the previous ending twelve (12) calendar month period, with such supporting documentation as may be required by the City. The grant would be conditioned on the applicant's continued ownership/occupancy of the project site. The sales tax grants would be paid in annual installments within ninety (90) days of the end of each twelve (12) calendar month period following the issuance of the certificate of occupancy for the facility, or other commencement date if no certificate of occupancy is required. The grant would not include any of the City sales and use tax receipt from the imposition and collection of sales and use tax for taxable items consummated at any location, business establishment or by any other entity in the city, other than from the applicant's sale of taxable items at the applicant's business location in the city. Any sales tax grant payable would be limited to the extent that the City has received sales tax from taxable sales by the applicant. The City would not be required to provide any grant for any twelve (12) calendar month period during the term of the agreement for which the City has not received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar month period. The City's obligation to pay the sales tax grants in the agreement would additionally be conditioned upon the applicant requesting and providing sales tax documentation from the Office of the Comptroller of the State of Texas. The City may also condition the incentive upon the creation of employment, construction of improvements, certain development, continued operations for a stated period, or other public consideration. Any incentive agreement shall be written in a legally enforceable contract. The contract shall require the applicant to construct certain improvements or expansions and contain at a minimum the following terms: 1. Generation of a certain level of sales tax; 2. An annual written certification that applicant is in compliance with the agreement; 3. Authority to terminate or modify the agreement if applicant fails to comply with agreement; 4. Minimum term of occupancy or continued operations within the city. 5. Authority/permission for the City to schedule an annual inspection of the business or facility. 6. Annual review of the business entity's financials; 7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal increases throughout the term of the contract. 8. Claw-back or recapture of any and all rebated grants should the applicant default on any portion of the contract (see Section 5. Recapture below). In the event the applicant files an amended sales and use tax return; or report with the State of Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas, affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant payment for the next twelve (12) month calendar period immediately following such State of Texas approved amendment could be adjusted accordingly provided that the City has received sales tax receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the applicant should provide the City with a copy of any such amended sales and use tax report or return, and the approved thereof by the State of Texas. In the event the State of Texas determines that the City erroneously received sales tax receipts, or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and use tax for a previous twelve (12) calendar month period for which the applicant has received a sales tax grant, the applicant will be required within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such sales tax grant exceeds the amount to which the applicant was entitled pursuant to such State of Texas determination, repay such amount to the City. Infrastructure Participation and Waiver of Fees The City of Colleyville may agree to partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, building permit applicants, utility taps and similar fees. MatchinQ Grants In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also consider providing matching grants of up to $30,000 for any and only one of the following types of investments through a public/private, cost-sharing program: 1. Fa�ade improvements—Existing building fa�ade improvements that meet the following criteria: ➢ Proposed improvements must exceed City's minimum rating criteria for commercial building designs; ➢ Proposed improvements must be reviewed and approved by an Architectural Review Commission. 2. Signage removal and replacement—Assistance with pole sign removal and/or replacement as landscaped monument signs or landmark signs (if applicant meets the City's square footage requirement); signage plan must meet the following criteria: ➢ Proposed signage removal and replacement must meet all the current requirements of the City's Land Development Code and be reviewed and approved by an Architectural Review Commission. 3. Tenant improvements for destination restaurants and retailers— Restaurants or retailers interested in applying for a matching grant for tenant improvements must not be presently located in Colleyville or any immediately adjacent city, if new, and not replicated in any adjacent city if existing; moreover, applicants must show that they will attract residents of other, neighboring communities (in addition to Colleyville residents). Matching grants for this purpose are designed to help stimulate redevelopment and development (i.e. tenant finish out) of spaces to accommodate these types of restaurants and retailers, providing a way to attract diners, shoppers and expenditures from other parts of our region, from even outside the region and to reduce existing leakage within the region. Those associated expenditures become additional revenues to Colleyville's businesses, wages to the employees, and tax receipts to the City. By definition, a destination restaurant or retailer is a dining or shopping establishment that is unique to the City's primary trade area, as delineated by the Colleyville Merchandising Plan. As it relates to the idea of "destination" restaurants and retailers, Wikipedia defines a destination restaurant as ��one that has a strong enough appeal to draw customers from beyond its community." Prentice-Hall's On-line Glossary notes that a destination retailer is ��A retailer to whom consumers will make a special shopping trip." And BusinessDirectory.com adds that it is a"Popular retailer (catalog, store, or website) from whom customers, attracted by its ambience, price, and/or variety, will make a special effort to buy." To qualify for matching grant consideration under Matching Grant Program category 3, applicants must illustrate that their proposed restaurant or retail establishment- 1) Will be unique to Colleyville's primary retail market; 2) Is investing a minimum of twice the amount of sought for interior tenant improvements (qualifying as real property improvements that will remain with the building in a worst case scenario), and exclusive of any equipment or fixtures (i.e. personal property that could be removed and sold on the secondary market, again in a worst case scenario). All applications for Matching Grants associated with a new or relocating business venture occupying an existing building must also submit a written business plan for review and comment by the City's SCORE business counseling office. When considering applications for Matching Grants, highest priority will be given to: 1. Applicants whose property is located on or adjacent to Colleyville Boulevard (SH26). Not all projects submitted for City Council consideration have the same merit; therefore there is no guarantee that a grant will be awarded to each applicant. 2. Applicants that generate or which has signed, contingent leases with a tenant or tenants that generate sales tax revenues. Please note that City Council will not consider applications for the same address of a previous grant recipient unless the time period of the first grant has expired, all of the original criteria have been met and the property ownership has changed. As identified by the Architectural Review Commission, projects having the greatest aesthetic impact in the city should likewise be given priority. In evaluating applications, they have recommended that Colleyville focus on and seek the following: 1. Projects that will encourage other restoration or redevelopment in the local proximity. 2. Projects where an immediate renovation will stop serious deterioration of the building's facade. 3. Projects that improve the architectural integrity of the building fa�ade. 4. Projects that demonstrate collaboration with adjacent properties and will help to attract people to Colleyville. 5. Projects that will result in new or increased property values or the generation of either sales or occupancy tax revenues for the City. 6. Projects which are strategically located. 7. Projects that may have a positive impact on existing, adjacent properties. In addition, proposed projects will be reviewed and based on the merits of individual applications. Individuals contemplating an application to the City's Matching Grant Program should note that general building maintenance is not eligible under this program. All applicants will be considered on a case-by-case basis. Matching Grant incentives approved for the first two categories will consist of cash payments payable upon successful completion and inspection of all facility improvements or redevelopment, as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant. If the City chooses to utilize the Matching Grant program for one of the first two categories of improvements, the City may elect to make a grant in an amount up to 50% of the cost of improvement, not to exceed $30,000 per improvement, with a minimum business investment of $15,000. Matching Grant incentives approved for the third category will be paid out, likewise as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant, in two equal payments within the first two years of operation (i.e. one half after improvements have been inspected and the business opens its doors and the other one half after completion of one year of operation). Foraivable Loans The City of Colleyville will consider providing destination restaurants or retailers (again, ones that have ��a strong enough appeal to draw customers from beyond" our community or ��to whom consumers will make a special shopping trip") with forgivable loans of up to an amount negotiated by the City Council, in which the restaurant or retailer is forgiven a portion of its loan for each year it is open and operates. Any loan approved under this program shall be forgiven 20% each year for up to 5 years. Thus for example, if City Council approves a forgivable loan amount of $100,000, it is to be forgiven in annual increments of 20% or $20,000, beginning one year after the issuance of a certificate of occupancy. The entire loan amount may be recaptured by the City, should the restaurant or retailer suspend operations at any time within 5 years following the issuance of a certificate of occupancy. Non-Cash Incentives The City of Colleyville will also consider providing non-cash incentives (primarily procedural in nature) for stimulation of development and redevelopment. Such incentives include: 1. Signage and intersection improvements already funded within the CIP; 2. Fast-track planning, plans review and permitting, as staff work level allows; 3. Dedicated inspections; 4. Corporate relocation assistance for employees and their families; 5. Employee recruitment and training, as funded through State of Texas grant programs and Tarrant County College; 6. Possible access to community bank lending through the City's CDARS program; 7. Recreational opportunities; 8. Business promotion and assistance; 9. Assistance with demolition of existing structures for redevelopment and new investment. Public Improvement Districts The City of Colleyville is also willing to consider the creation of Public Improvement Districts (PIDs). Public Improvement Districts may be created by a municipality at the request or with the consent of property owners. PIDs allow for the levy of voluntary assessments and the issuance of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for capital improvement projects and maintenance within the geographic area. Section 5. Recapture All incentive agreements shall include a provision allowing City staff access to the applicant's business and/or facilities for an annual inspection, so the City may monitor and enforce accountability. In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyville in full. All incentive agreements will be negotiated and executed to include claw-back provisions. Section 6. Procedural Guidelines Any person, organization or corporation desiring that the City of Colleyville consider providing economic development incentives to encourage location or expansion of operations with the city limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide incentives of any amount or value to any applicant. Preliminary Application Steps 1. Applicant shall complete an ��Application for Economic Development Incentive" as provided by the City. 2. Applicant shall address all criteria questions outlined in Section 2. above directly on the application form and in letter format, if additional explanation and information are necessary. 3. Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site. If the property is described by metes and bounds, then the applicant shall also provide a complete legal description. 4. Applicant shall present the application to the Director of Economic Development and obtain his/her signature that the package is complete before formal submission to the City. Applicant shall complete all forms and information detailed in items 1 through 3 above and submit them to the Director of Economic Development, City of Colleyville, 100 Main Street, Colleyville, Texas 76Q34. �plication Review Steps 1. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 2. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. 3. Copies of the complete application package and staff comments will be provided to the City Council. 4. In light of the proprietary nature of this data, all information included within the application shall remain confidential unless and until formal action is taken to establish an incentive agreement. Consideration of the Application The City Council will consider the application at a regular or called meeting(s). State law stipulates that incentives need to be endorsed by a local governing body. Therefore, additional information may be requested as needed. The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate. The Colleyville City Council shall hold a public hearing and determine whether the project is ��feasible and practical" and whether it ��would be of benefit to the land to be included in the zone and to the municipality." The City Council of Colleyville may consider adoption of an ordinance or ` resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives. If the City Council chooses to grant a tax abatement, the City must designate an area as a reinvestment zone. Any City designating a reinvestment zone must make two findings: 1. Proposed improvements are feasible and practical and would benefit the zone; and 2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion include 1) whether the proposed project within the zone is likely to contribute to the retention or expansion of primary employment or 2) to attract investment within the zone. LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number 8 Type Report Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 10/16/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Senior Center Advisory Committee Meeting Minutes - November 17, 2011 Parks and Recreation Advisory Board Meeting Minutes - December 5, 2011 Senior Center Advisory Committee Meeting Minutes - January 19, 2012 Parks and Recreation Advisory Board Meeting Minutes - February 6, 2012 Senior Center Advisory Committee Meeting Minutes - March 15, 2012 Parks and Recreation Advisory Board Meeting Minutes - April 2, 2012 Senior Center Advisory Committee Meeting Minutes - July 19, 2012 Zoning Board of Adjustment Minutes - September 11, 2012 Attachments 1. Senior Center Advisory Committee Meeting Minutes - November 17, 2011 2. Parks and Recreation Advisory Board Meeting Minutes - December 5, 2011 3. Senior Center Advisory Committee Meeting Minutes - January 19, 2012 4. Parks and Recreation Advisory Board Meeting Minutes - February 6, 2012 5. Senior Center Advisory Committee Meeting Minutes - March 15, 2012 6. Parks and Recreation Advisory Board Meeting Minutes - April 2, 2012 7. Senior Center Advisory Committee Meeting Minutes - July 19, 2012 8. Zoning Board of Adjustment Minutes - September 11, 2012 City of Colleyville Page 1 G�T'�' (]� '�- ��]LLEYVILLE �� SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, November 17, 2011 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:33 p.m. on Thursday, November 17, 2011 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Molly Skinner, Anne Gifford, Denise LaPosta and Melanie Damron ABSENT: Heath Dowell and Dorothy Parker STAFF: Renee Garrett, Senior Center Supervisor 1. Call to Order and Roll Call 2. Approval of the September 15, 2011 Senior Center Advisory Committee Minutes Molly Skinner made a motion to approve the minutes. Melanie Damron seconded the motion. The motion carried with a unanimous vote. 3. Introduction of New Senior Center Advisory Committee Member Committee introductions were made. 4. Elect Senior Center Advisory Committee Chair and Vice Chair Molly Skinner made a motion that Debra Minea continue as Committee Chair and that Anne Gifford serve as Vice-Chair. Melanie Damron seconded the motion. The motion carried with a unanimous vote. 5. Discussion and Consideration of Senior Center Wish List The Committee discussed the current items on the Senior Center Wish List, and decided to make a couple of modifications. Anne Gifford made a motion to remove the ten square tables and the forty chairs from the wish list. Molly Skinner seconded the motion. The motion carried with a unanimous vote. 6. Discussion of Items of Interest for Potential Future Action Debra Minea asked the Committee to bring ideas that relate to younger seniors to the January meeting. 7. Reports - Staff and Committees Renee Garrett, Senior Center Supervisor gave an overview of the center activities and upcoming special events. 8. Citizen comments/presentations regarding items not on the agenda None 9. Adjournment Melanie Damron moved to adjourn at 2:35 p.m. Molly Skinner seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: �1 _+ r: .r�' r i�� w�_ cr r ri � Kathy E. Moore, Administrative Assistant ��T �' �F "'�- +�C�I�I.EYVILLE �� PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, December 5, 2011 6:00 p.m. Suzanne Hughes called the meeting to order at 6:00 p.m. on Monday, December 5, 2011, at the City Hall - Executive Conference Room. ROLL CALL: Suzanne Hughes, Debby Abitz, Ken Llewellyn, Charles Bethards, Tevon Taylor, Natalie Genco and John Gooding ABSENT: Rick Paddock STAFF: Monica Walsh, Director of Parks and Recreation, Terry Leake, Assistant City Manager/Chief Financial Officer, Chuck Majors, Parks Superintendent, Kathy Moore, Administrative Assistant 1. Call to Order 2. Approval of the August 1, 2011 Parks and Recreation Advisory Board Minutes. Charles Bethards made a motion to approve the minutes as read. John Gooding seconded the motion. The vote was unanimous. Approval of the October 3, 2011 Joint Parks and Recreation Advisory Board and Colleyville Trails and Sidewalks Committee Meeting Minutes. Debby Abitz questioned if a verbiage change had been made to the 2011 Parks, Recreation and Open Space Master Plan per a request at the October 3, 2011 meeting. Monica Walsh stated that the requested change had been made. Ken Llewellyn made a motion to approve the minutes as read. Tevon Taylor seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports. Monica Walsh, Director of Parks and Recreation, gave an update on the ongoing programs. Parks and Recreation Advisory Board December 5, 2011 Page2of2 She noted that in an effort to go green, the Parks and Recreation Department now offers a new online, interactive brochure located at www.colleyvillepard.com. Baseball, softball, lacrosse, football and soccer started in the fall and most have wrapped up their seasons. We are currently in the process of signing contracts for the spring. Athletics had three more Legends Sports Youth Baseball Tournaments this year for a total of five during the summer. We offered several camps which included soccer, basketball, volleyball, lacrosse and golf. Additionally, we hosted the Mid-Cities Tennis Tournament in September, with 115 participates, which was our largest one to date. The Seniors went to the Dallas Aquarium and the Little Red Court House. They celebrated National Parks and Recreation Month with a hotdog cookout, and National Coffee Day. 4. Park Operations and Capital Improvement Status Report Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. She informed the Board that the 2011 Parks, Recreation and Open Space Master Plan would be going to Council on December 6, 2011. The plan was well received at the Pre Council meeting in November. Pleasant Run Trail is underway, with the design and R.O.W. acquisition. Construction is scheduled for 2012. Colleyville's portion of the Cotton Belt Trail Phase II is now open. Hurst's portion of the project is scheduled to open in February. A date for the ribbon cutting will be announced once both sections are complete. 5. Citizen Comments/Presentations Regarding Items not on the Agenda None 6. Adjournment John Gooding moved to adjourn at 6:11 p.m. Natalie Genco seconded the motion. The vote was unanimous. Respectfully submitted and approved: .��a.tPu� E. J�lc�arie Kathy E. Moore, Administrative Assistant G�T'�' (]� '�- ��]LLEYVILLE �� SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, January 19, 2012 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:37 p.m. on Thursday, January 19, 2012 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Molly Skinner, Anne Gifford, Denise LaPosta and Melanie Damron ABSENT: Heath Dowell and Dorothy Parker STAFF: Renee Garrett, Senior Center Supervisor; Terry Leake, Assistant City Manager/Chief Financial Officer 1. Call to Order and Roll Call 2. Approval of the November 17, 2011 Senior Center Advisory Committee Minutes Melanie Damron made a motion to approve the minutes. Molly Skinner seconded the motion. The motion carried with a unanimous vote. 3. Discussion and Consideration of Activities for Younger Seniors The Committee members collectively brought ideas forward to discuss activities for younger seniors. Suggestions included the possibility of establishing a Book Club; a Texas Holdem' Night; a Trivia Night; and bus trips to various destinations, and others. It was agreed by the Committee and staff to research all the ideas brought forward and to discuss further at the March meeting. 4. Discussion and Consideration of Senior Center Wish List The Committee discussed seasonal decorations for the Senior Center. 5. Discussion of Items of Interest for Potential Future Action None 6. Reports - Staff and Committees Renee Garrett, Senior Center Supervisor gave an overview of the center activities and upcoming special events. 7. Citizen comments/presentations regarding items not on the agenda None 8. Adjournment Molly Skinner moved to adjourn at 3:00 p.m. Anne Gifford seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: �1_�'j,i��_c� Kathy E. Moore, Administrative Assistant ��T �' �F "'�- +�C�I�I.EYVILLE �� PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, February 6, 2012 6:00 p.m. Suzanne Hughes called the meeting to order at 6:02 p.m. on Monday, February 6, 2012, at the City Hall - Executive Conference Room. ROLL CALL: Suzanne Hughes, Debby Abitz, Ken Llewellyn, Charles Bethards, Tevon Taylor, Thomas Parker, Kathryn Wheat, and Brett Oliver ABSENT: None STAFF: Monica Walsh, Director of Parks and Recreation, Terry Leake, Assistant City Manager/Chief Financial Officer, and Kathy Moore, Administrative Assistant 1. Call to Order 2. Approval of the December 5, 2011 Parks and Recreation Advisory Board Minutes. Charles Bethards made a motion to approve the minutes as read. Kathryn Wheat seconded the motion. The vote was unanimous. 3. Introduction of New Parks and Recreation Advisory Board Members. Monica Walsh, Director of Parks and Recreation, introduced the three new Parks and Recreation Advisory Board members, Kathryn Wheat, Thomas Parker and Brett Oliver. 4. Appoint Parks and Recreation Advisory Board Chairperson and Vice-Chairperson. Debby Abitz made a motion to reappoint Suzanne Hughes as Chairperson and Ken Llewellyn Vice-Chairperson of the Parks and Recreation Advisory Board. Tevon Taylor seconded the motion. The vote was unanimous. Parks and Recreation Advisory Board April 2, 2012 Page2of3 5. Discussion and Consideration of Appointment of Representatives to Serve on Subcommittees The members of the Parks and Recreation Advisory Board recommended Brett Oliver to serve on the Park Land Dedication Committee for a two-year term ending December 2013. Kathryn Wheat made the motion and Ken Llewellyn seconded the motion. The vote was unanimous. The members of the Parks and Recreation Advisory Board recommended Kathryn Wheat to serve on the Colleyville Tree Board for a two-year term ending December 2013. Tevon Taylor made the motion and Debby Abitz seconded the motion. The vote was unanimous. The members of the Parks and Recreation Advisory Board recommended Suzanne Hughes to serve on the Colleyville Tree Board for a one-year term ending December 2012. Ken Llewellyn made the motion and Brett Oliver seconded the motion. The vote was unanimous. 6. Recreation, Athletics, Tennis and Seniors' Reports. Monica Walsh, Director of Parks and Recreation, gave an update on the athletic programs for October through December. She noted that the Haunted Trail was the largest turnout ever, with 2400 participants; and the Senior Center held their Health Fair in October, with their largest turnout of 75 participants and 52 vendors. 7. Park Operations and Capital Improvement Status Report Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. She informed the Board that the 2011 Parks, Recreation and Open Space Master Plan was approved by Council on December 6, 2011. Pleasant Run Trail is underway, with the design and R.O.W. acquisition. Construction is scheduled for 2013. The current construct is being done by First Baptist Church. Colleyville's portion of the Cotton Belt Trail Phase II is now open. Hurst's portion of the project is scheduled to open in Spring. A date for the ribbon cutting will be announced once both sections are complete. 8. Citizen Comments/Presentations Regarding Items not on the Agenda None 9. Adjournment Tevon Taylor moved to adjourn at 6:35 p.m. Brett Oliver seconded the motion. The vote was unanimous. Parks and Recreation Advisory Board April 2, 2012 Page3of3 Respectfully submitted and approved: .��actPu� E. .Il/�ce Kathy E. Moore, Administrative Assistant G�T'�' (]� '�- ��]LLEYVILLE �� SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, March 15, 2012 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:32 p.m. on Thursday, March 15, 2012 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Molly Skinner, Anne Gifford, Denise LaPosta, Heath Dowell and Dorothy Parker ABSENT: Melanie Damron STAFF: Renee Garrett, Senior Center Supervisor; Monica Walsh, Director of Parks and Recreation 1. Call to Order and Roll Call 2. Approval of the March 15, 2011 Senior Center Advisory Committee Minutes Molly Skinner made a motion to approve the minutes. Denise LaPosta seconded the motion. The motion carried with a unanimous vote. 3. Discussion and Consideration of Activities for Younger Seniors The Committee members collectively brought ideas forward to discuss activities for younger seniors. Suggestions included the possibility of establishing a Book Club on Tuesday or Thursday night; Molly Skinner will get with Erica Gill at the Library to research. Debra Minea visited Carrollton to see how they did their Texas Holdem' Night and found that we could borrow their equipment; Dick Minea offered to host the activity. A Trivia Night was suggested with the idea of getting sponsors for this activity. A mentoring program, a 5k run and bus trips to various destinations were amongst other thoughts and ideas brought forward. It was agreed by the Committee and staff that this will require ongoing discussion and research. 4. Discussion and Consideration of Senior Center Wish List The Committee discussed the current items on the Senior Center Wish List. The puzzle table lighting is still a priority; Renee Garrett will research the cost to install a drop light over the table. 5. Discussion of Items of Interest for Potential Future Action None 6. Reports - Staff and Committees Renee Garrett, Senior Center Supervisor gave an overview of the center activities and upcoming events. 7. Citizen comments/presentations regarding items not on the agenda None 8. Adjournment Dorothy Parker moved to adjourn at 3:00 p.m. Heath Dowell seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: .��atPu� E. .lVlaa}ie Kathy E. Moore, Administrative Assistant ��T �' �F "'�- +�C�I�I.EYVILLE �� PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, April 2, 2012 6:00 p.m. Suzanne Hughes called the meeting to order at 6:02 p.m. on Monday, April 2, 2012, at the City Hall - Executive Conference Room. ROLL CALL: Suzanne Hughes, Debby Abitz, Ken Llewellyn, Charles Bethards, Tevon Taylor, Thomas Parker, Kathryn Wheat, and Brett Oliver ABSENT: None STAFF: Monica Walsh, Director of Parks and Recreation, Terry Leake, Assistant City Manager/Chief Financial Officer, and Kathy Moore, Administrative Assistant 1. Call to Order 2. Approval of the February 6, 2012 Parks and Recreation Advisory Board Minutes. Charles Bethards made a motion to approve the minutes as read. Brett Oliver seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports. Monica Walsh, Director of Parks and Recreation, gave an update on the athletic programs for January through March. She announced that Sissy White left the City in early March, but would be contracting with us to help close out the volleyball season; additionally, she informed the Board that she would be retiring at the end of April. 4. Park Operations and Capital Improvement Status Report Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. Parks and Recreation Advisory Board April 2, 2012 Page2of3 She informed the Board that Pleasant Run Trail is underway, with the design and R.O.W. acquisition. Construction is scheduled for 2013. Colleyville's portion of the Cotton Belt Trail Phase II is now open. The ribbon cutting ceremony is scheduled for April 19 at 4:30 pm. 5. Citizen Comments/Presentations Regarding Items not on the Agenda The Committee agreed that due to the July 4t" holiday, they would move their next scheduled meeting to Monday, July 9, 2012 at 6:00 pm. 6. Adjournment Brett Oliver moved to adjourn at 6:23 p.m. Kathryn Wheat seconded the motion. The vote was unanimous. Respectfully submitted and approved: �1 _+ ►��' r i�� w�_ cr r r i� Kathy E. Moore, Administrative Assistant L 1'I 1' O F. � COLLEYVIL�.� rr.a:�s City of Colleyville Senior Center Advisory Com m ittee M i n utes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Thursday, July 19, 2012 Senior Center 1:30 p.m. 2512 Glade Road 1. CALL TO ORDER Chairperson Debra Minea called the regular meeting of the Colleyville Senior Advisory Committee to order on July 19, 2012, at 1:32 p.m. Roll Call: Chairperson Debra Minea, Committee members Heath Dowell, Anne Gifford, Dorothy Parker, and Molly Skinner were present. Assistant City Manager and Chief Financial Officer Terry Leake, Library/Parks and Recreation Director Mary Rodne, and Acting Senior Center Manager Kathy Moore were also present. Committee members Melanie Damron and Denise LaPosta were absent. 2. 2a APPROVAL OF MINUTES Approval of the Senior Center Advisory Committee meeting minutes for March 15, 2012 Committee member Molly Skinner moved to approve the March 15, 2012 minutes as written. Anne Gifford seconded the motion. The motion carried with a unanimous vote. 2b 3. 3a The May 7, 2012 Senior Center Advisory Committee meeting was canceled due to lack of a quorum REGULAR AGENDA ITEMS Discussion and consideration of activities for younger seniors Terry Leake, Assistant City Manager and Chief Financial Officer informed the Committee that a rebranding study of the Colleyville Senior Center would take place within the next fiscal year. Once the study is complete, the Committee can move forward with potential activities for younger seniors. 3b Discussion and consideration of Senior Center wish list City of Co/leyville Page I Senior Center Advisory Minutes - Draft July 19, 2012 Committee Dorothy Parker questioned the status of the puzzle table lighting. Kathy Moore, Acting Senior Center Manager informed the Committee that Parks Superintendent Tim Hightshoe had already requested quotes for the project and is determining funding availability. Terry Leake informed the Committee that funding was available in CEDC funds for the purchase of some additional tables and chairs for the Center. There was discussion on what type/size tables would be needed. Renee Garrett submitted a quote with pricing before she left. The Committee expressed their desire to purchase some decorations for the lobby area of the Center. 3c Discussion on items for future agendas Debra Minea, Committee Chairperson would like to look at the term limits and the review of the current Committee bylaws. Dorothy Parker stated that she would like the Committee to consider quarterly meetings in lieu of by-monthly meetings. The next Senior Center Advisory Committee meeting is scheduled for September 20, 2012 at 1:30 p.m. 4. REPORTS Update of Senior Center activities and upcoming events Kathy Moore gave an overview of the Center activities and upcoming events. 5. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 6. ADJOURNMENT Molly Skinner moved to adjourn the meeting at 2:35 p.m. Heath Dowell seconded the motion. The motion carried with a unanimous vote. City of Colleyville Page 2 Senior Center Advisory Committee Minutes taken and prepared by: �. �'1,�� Kathy E. Moore Administrative Assistant Minutes - Draft July 19, 2012 City of Colleyville Page 3 � 1 1 Y (J �. �r C(JLLEYVILLE r�::,-.� City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 11, 2012 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on September 11, 2012 at 7:00 p.m. Roll Call Present: Board members John Okray, Jim Gotcher, Skip Reynolds, Tracey Doyle, and Dee McNosky Absent: Board members Eric Hulet (Alternate 1)and Michael Dunham (Alternate 2) Staff Present: Ron Ruthven 1. 2. APPROVAL OF MINUTES Board member poyle moved to approve the August 14, 2012 m eeting minutes as written. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5—Okray, Gotcher, Reynolds, Doyle and McNosky PUBLIC HEARING AGENDA ITEMS 2a VC12-011 - Request for a variance from the rear yard setback requirements on Lot 10, Block G, of the Reserve at Colleyville Addition located at 6904 Da Vinci Ron Ruthven presented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:04 p.m. John and Theresa Deptula, the property owners, came forward to present the case and brief the Board members. Board member Reynolds questioned Mr. Deptula regarding the cost for the City of Colleyvil/e Page 1 Zoning Board of Adjustment Minutes September 11, 2012 covered patio area. Mr. Deptula replied about $45,000. Board member Reynolds questioned Mr. Deptula regarding the property behind their lot. Mr. Deptula replied that it is open space for the subdivision. Board member poyle questioned staff regarding the setback for this Planned Unit Development, was the 10 foot approved by City Council? Ron Ruthven replied yes and typically there is a 25 foot setback but because there is a greenbelt located behind the property, City Council approved a smaller setback. Board member Okray questioned Mr. Deptula regarding if the Homeowners Association was notified. Mr. Deptula replied yes, they submitted their information and have not received anything from them. Board member Reynolds stated that is the Board does approve the request that the HOA may not. Mr. Deptula acknowledged. Board member McNosky stated that she acknowledges that the drainage swell is an issue. Board member Gotcher questioned staff regarding that since this is an open structure, are they able to go up to five feet? Ron Ruthven replied no, since this structure is considered attached. Board member McNosky closed the public hearing at 7:11 p.m. Board member poyle moved to approve case VC12-011 as requested. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5—Okray, Gotcher, Reynolds, Doyle and McNosky 3. ADJOURNMENT The meeting adjourned at 7:13 p.m. Minutes were written and prepared by: � City of Colleyville Page 2 Zoning Board of Adjustment Minutes September 11, 2012 Amy Shelley Community Development Coordinator The meeting minutes were approved by a vote of 5-0 at the October 9, Z01 Z meeting. City of Colleyville Page 3 RESOLUTION R-12-3551 A RESOLUT I ON APPROV I NG C I TY COUNC I L ACT I ON UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 2012 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF COLLEYV I LLE, 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 I T I S SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE 16T" DAY OF OCTOBER 2012. ATTEST: C I TY OF COLLEYV I LLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor