The URL can be used to link to this page

Home My WebLink AboutCity Council-Agenda Packets-4/2/2013 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 2, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the designation of park land for the Longwood Property PC-2 Presentation of the Monthly Financial Report - February 2013 PC-3 Presentation and discussion concerning gas rates PC-4 Presentation and update on Colleyville CloseBuy PC-5 Discussion of the April 2, 2013, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Advice from city attorney regarding drainage Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager City of Colleyville Page 1 City Council Agenda April 2, 2013 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville 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-13-3612 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 20, 2013 – Charna Gray, President, Ret Stansberger, member, Keep Colleyville Beautiful Committee Proclamation in recognition of Child Abuse Prevention Month - Samantha Shirdiff, Community Educator, Alliance for Children 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3613 4a Approval of the minutes of the regular City Council meeting of March 19, 2013 4b Approval of the North Central Texas Public Works Mutual Aid Agreement, authorizing the City to provide mutual aid to other cities in the North Central Texas region in times of emergencies, and to receive mutual aid from other cities when needed, and authorize the Mayor to execute the agreement 4c Approval of a donation from Susan Stark of a bronze sculpture, "Juliana's Two Loves" to the Colleyville Public Library City of Colleyville Page 2 City Council Agenda April 2, 2013 4d Approval of the Colleyville Center Advisory Committee, Parks and Recreation Advisory Board, Colleyville Library Board, and Colleyville Sidewalks Committee bylaws 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-13-1869 Approval to declare unopposed candidates in the May 11, 2013, General Election elected to office and canceling the election 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1870 Approval of amending Ordinance O-92-880 setting fees and charges for City facilities, Case GC13-006 6b Ordinance O-13-1871 Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3614 Approval of a resolution re-authorizing the conveyance of Lot 42 in the Village at Colleyville 7b Resolution R-13-3615 Approval of a construction contract with P & E Contractors, Inc., for Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation – Phase 2, in an amount not to exceed $3,560,188.50, and authorize the city manager to execute the contract 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Minutes - February 11, 2013 City of Colleyville Page 3 City Council Agenda April 2, 2013 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 2, 2013 - Reading and Public Hearing - Resolution R-13-3616 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, March 28, 2013, by 5:00 p.m. Amy Shelley City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-1 Agenda Date 04/02/2013 Type Pre Council Department City Manager Title Discussion of the designation of park land for the Longwood Property Explanation At the request of Mayor David Kelly, this item is placed on the Pre Council agenda for City Council to discuss designation of the two parcels of donated land totaling approximately 8.1 acres at 7201 Colleyville Boulevard, on the southeast corner of Colleyville Boulevard and Longwood Drive, as park land. These two parcels of land were used in 1999 to obtain a matching grant from the Texas Parks and Wildlife Department (TPWD) for the development of Kimzey Park. While these two parcels are not now, nor have ever been, a part of Kimzey Park, the grant agreement with TPWD provides that the parcels must be dedicated and held as open space in perpetuity as match for the TPWD grant. A Certificate of Land Dedication for Park Use provided that the property cannot be converted to other than public recreation use without the written approval of the TPWD. TPWD’s approval will not be granted unless the City can prove a competing public necessity for the alterative use and upon the City making a new dedication of matching open space to replace same. Currently, Kimzey Park is comprised of 20.45 acres and is the City's largest neighborhood park. Amenities include a large pond with a fountain and adjacent fishing pier, pavilion, playground, sand volleyball court and a basketball half-court. There are sidewalks and walkways throughout Kimzey Park. There is a narrow portion of the park extending to the northeast, which connects Kimzey Park to the Big Bear Creek corridor. This portion of the park is in its natural state and is adjacent to the property at 7201 Colleyville Boulevard. The total acreage of the property at 7201 Colleyville Boulevard is 8.1 acres and 7.3 acres of that total agreage is located within the Federal Emergency Management Agency (FEMA) 100 year floodplain. One of the parcels is entirely located within the floodplain and Little Bear Creek flows through that piece of property. As the majority of the property is located within the FEMA 100 year flood plain, the City will be required to obtain approval from FEMA and possibly other federal agencies in order to build any structures in the flood plain. Attachments 1.Designation of park land for the Longwood Property presentation Discussion of the designation of park land for the Longwood Property Pre Council Meeting April 2, 2013 Two parcels comprising 8.1 acres / 7.3 acres lie within FEMA 100 year floodplain Currently held as open space 7201 Colleyville Boulevard properties Properties are adjacent to Kimzey Park (20.45 acre neighborhood park) Kimzey Park’s amenities: Pond and fishing pier Pavilion Playground Sand volleyball court Basketball half-court 7201 Colleyville Boulevard properties 7201 Colleyville Boulevard properties The current state of the two properties is similar to the nature preserve of the Colleyville Nature Center  Nature Center is 46 acres located along Little Bear Creek Questions and Discussion City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-2 Agenda Date 04/02/2013 Type Pre Council Department Finance Title Presentation of the Monthly Financial Report - February 2013 Explanation General Fund The percentage of current year ad valorem taxes collected is 95.97%, which is the same as the percent collected through February 2012. Sales tax revenue received in February is down 2.95% for the same time period last year. This is the first decrease after five consecutive months of increased sales tax revenues as compared to the prior year, however the February 2012 sales tax allocation was the highest ever received. This month's allocation is a quarterly allocation and includes sales tax on purchases made during the holiday time period. Year-to-date General Fund sales tax is up 3.08% or $22,934. The annual electric franchise payment received from Oncor Electric was $51,771 more than projected, due to higher customer usage. Six residential building permits were issued along with one new commercial building permit. Permit revenues currently exceed budgeted projections by over $19,755. Ambulance collections remain strong and currently exceed budgeted projections by 9.5%. Colleyville Center's revenues are ahead of projections by $7,399. The average amount expended by the General Fund departments at the end of February is 34.08% of the total appropriation, versus 35.48%, which was projected to be spent. Utility Fund Through February 2013, water usage has increased year to date as compared to the amount sold through February 2012. The average amount expended by the Utility Fund departments at the end of February 2012 is 35.20% of the total appropriation, versus 38.21%, which was projected to be spent. Attachments 1.February 2013 Monthly Financial Report MONTHLY FINANCIAL REPORT - FEBRUARY 2013 GENERAL FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2013 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 2/28/2013 2/28/2013 INCR (DECR)2/28/2012 PRIOR YEAR Current Taxes $10,825,606 $10,413,578 $10,519,691 -1.01%$10,163,932 2.46% Delinquent Taxes 72,000 49,137 50,400 -2.51%61,441 -20.03% Penalty & Interest 63,000 19,913 24,391 -18.36%22,068 -9.77% TOTAL AD VALOREM TAXES $10,960,606 $10,482,629 $10,594,482 -1.06%$10,247,442 2.30% Oncor Electric $840,000 $891,771 $840,000 6.16%$1,024,876 -12.99% Tri-County Electric 115,000 100,229 115,000 -12.84%118,281 -15.26% Atmos Gas 335,000 0 0 0.00%0 0.00% AT&T 85,000 42,920 42,500 0.99%43,637 -1.64% Verizon/Others 75,000 33,818 31,250 8.22%32,681 3.48% Refuse/Recycling 145,800 61,600 60,750 1.40%55,351 11.29% Cable TV 378,000 213,655 189,000 13.04%198,645 7.56% TOTAL FRANCHISE TAXES $1,973,800 $1,343,993 $1,278,500 5.12%$1,473,470 -8.79% Sales Tax $2,675,000 $767,942 $778,057 -1.30%$745,008 3.08% Mixed Beverage Tax 67,000 33,500 33,500 0.00%31,067 7.83% TOTAL SALES TAX $2,742,000 $801,442 $811,557 -1.25%$776,076 3.27% Building $485,768 $195,360 $202,403 -3.48%$256,334 -23.79% Plumbing 48,680 22,055 20,283 8.74%28,635 -22.98% Mechanical 28,868 12,896 12,028 7.21%13,725 -6.04% Electrical 37,568 20,969 15,653 33.96%24,527 -14.51% City License 37,372 13,625 15,572 -12.50%17,100 -20.32% Building Plan Review Fee 55,207 42,822 23,003 86.16%38,043 12.56% New Business 3,372 1,739 1,405 23.77%2,350 -26.00% Sign Permit 5,463 2,420 2,276 6.32%2,930 -17.41% Fence Permit 3,500 2,075 1,458 42.29%1,725 20.29% Fire Permits 6,500 2,300 2,708 -15.08%3,925 -41.40% Irrigation Permit 13,660 5,976 5,692 5.00%6,723 -11.11% TOTAL LICENSES & PERMITS $725,958 $322,238 $302,483 6.53%$396,395 -18.71% Fines $795,000 $272,739 $331,250 -17.66%$347,730 -21.57% Alarm Fees 52,000 21,309 21,667 -1.65%20,555 3.67% Library Fines 20,969 9,363 8,737 7.16%8,737 7.15% TOTAL FINES $867,969 $303,411 $361,654 -16.10%$377,023 -19.52% MONTHLY FINANCIAL REPORT - FEBRUARY 2013 RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT REVENUE SOURCE FY 2013 AS OF AS OF PROJECTED AS OF CHANGE OVER BUDGET 2/28/2013 2/28/2013 INCR (DECR)2/28/2012 PRIOR YEAR Re-zoning $7,500 $3,765 $3,125 20.48%$6,440 -41.54% Plat Fee/Site Plan 4,000 4,905 1,667 194.30%2,490 -96.99% Board of Adjustment 1,250 1,000 521 92.00%875 14.29% Sale of Material 100 4 42 -89.92%63 -93.38% Weed Mowing 6,500 4,602 2,708 69.92%5,505 -16.40% Ambulance 275,000 125,464 114,583 9.50%123,165 1.87% Recreation Program 145,000 47,752 36,250 31.73%41,891 13.99% Non-Resident Fee Parks 36,570 20,433 18,285 11.74%17,160 19.07% Field Use Charge 22,500 7,450 7,875 -5.40%10,535 -29.28% Colleyville Center Rental 230,000 103,232 95,833 7.72%95,659 7.92% Lot Drainage Insp Fee 16,875 4,375 7,031 -37.78%7,625 -42.62% TOTAL CHARGES FOR SERVICE $745,295 $322,981 $287,920 12.18%$312,199 3.45% SRO Officer Reimb $89,792 $0 $0 0.00%$0 0.00% Keller Court $216,980 $110,305 $108,490 1.67%$0 100.00% TOTAL INTERGOVERNMENTAL $306,772 $0 $0 0.00%$0 0.00% Sale of Surplus Property $10,000 $0 $0 0.00%$6,185 -100.00% Interest Income 35,000 10,215 7,600 34.41%7,575 34.86% Miscellaneous 54,000 74,767 43,505 71.86%36,254 106.23% Use of Available Cash 1,000,000 0 0 0.00%0 0.00% Antenna Lease 70,040 37,525 32,575 15.20%38,978 -3.73% TOTAL MISCELLANEOUS $1,169,040 $122,507 $83,680 46.40%$88,993 37.66% Transfer from Utility Fd $956,469 $0 $0 0.00%$0 0.00% TOTAL TRANSFERS $956,469 $0 $0 0.00%$0 0.00% TOTAL GENERAL FUND REVENUES $20,447,909 $13,699,201 $13,720,277 -0.15%$13,671,596 0.20% MONTHLY FINANCIAL REPORT - FEBRUARY 2013 TOTAL PERCENT FY 2013 THROUGH THROUGH INCREASE INCREASE BUDGET 2/28/2013 2/28/2012 (DECREASE)(DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0%95.97%95.97%0.00%0.00% RESIDENTIAL BLDG PERMITS 132 31 59 (28)-47.46% COMMERCIAL BLDG PERMITS 7 4 3 1 100.00% CITATIONS ISSUED 11,750 3,426 4,733 (1,307)-27.61% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2013 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 2/28/2013 EXPENDITURES EXPENDED REMAINING City Council $203,306 $127,392 $127,913 62.66%$75,914 City Manager 600,530 224,992 230,508 37.47%375,538 City Secretary 319,696 170,359 174,085 53.29%149,337 Finance 434,896 188,826 190,063 43.42%246,070 Legal 130,460 53,357 54,061 40.90%77,103 Engineering 393,139 171,442 171,845 43.61%221,697 Economic Development 379,692 71,750 83,924 18.90%307,942 Building Inspection 307,617 127,613 132,086 41.48%180,004 Community Development 238,064 96,717 98,511 40.63%141,347 Fire 4,113,285 1,817,284 1,829,002 44.18%2,296,001 Police 4,197,317 1,699,783 1,826,803 40.50%2,497,534 Parks 1,388,218 416,342 450,904 29.99%971,876 Recreation 309,175 82,723 86,447 26.76%226,452 Senior Center 51,328 9,472 13,020 18.45%41,856 Street Maintenance 3,340,996 431,739 438,872 12.92%2,909,257 Library 717,534 280,714 298,063 39.12%436,820 Communications 142,676 56,253 56,761 39.43%86,423 Colleyville Center 382,537 180,017 184,237 47.06%202,520 Human Resources 237,510 90,385 92,604 38.06%147,125 Municipal Court 411,805 155,347 159,728 37.72%256,458 Fleet Maintenance 227,322 93,624 95,778 41.19%133,698 Building Services 325,559 143,374 154,577 44.04%182,185 Information Services 757,927 278,600 304,233 36.76%479,327 Capital Equipment Reserve 231,000 - - 0.00%231,000 Strategic Initiatives Fund Transfer 200,000 - - 0.00%200,000 Performance Pay 402,751 - - 0.00%402,751 TOTAL EXPENSES $20,444,340 $6,968,105 $7,254,025 34.08%$13,476,235 MONTHLY FINANCIAL REPORT - FEBRUARY 2013 UTILITY FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2013 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 2/28/2013 2/28/2013 INCR (DECR)2/28/2012 PRIOR YEAR Water Sales $9,361,814 $3,659,842 $3,714,952 -1.48%$3,173,122 15.34% Sewer Sales 2,884,565 1,222,242 1,201,902 1.69%1,273,590 -4.03% Sewer Installation 7,000 3,300 2,917 13.14%5,500 -40.00% Water Installation 21,000 7,380 8,750 -15.66%12,270 -39.85% Sewer Tie-on Charges 5,000 0 0 0.00%0 0.00% Engineering Charges 5,000 3,676 3,250 13.11%0 100.00% Penalties 183,696 84,670 76,540 10.62%101,633 -16.69% Miscellaneous 13,000 7,548 5,417 39.35%7,321 3.10% TOTAL OPERATING INCOME $12,481,075 $4,988,658 $5,013,727 -0.50%$4,573,436 9.08% Interest Income $20,300 $18,393 $12,180 51.01%$2,360 679.35% TOTAL NON-OPERATING INCOME $20,300 $18,393 $12,180 51.01%$2,360 679.35% TOTAL INCOME $12,501,375 $5,007,051 $5,025,907 -0.38%$4,575,796 9.42% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 2/28/2013 2/28/2012 (DECREASE)(DECREASE) GALLONS OF WATER SOLD 905,104,760 830,008,600 75,096,160 9.05% NUMBER OF WATER CUSTOMERS 9,344 9,189 155 1.69% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2013 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 2/28/2013 EXPENSES EXPENDED REMAINING Billing 382,501 141,109 $155,006 36.89%241,392 Operations 9,414,733 3,070,883 3,424,882 32.62%6,343,850 Utility Support 661,488 330,606 333,746 49.98%330,882 Debt Service 827,824 792,447 792,447 95.73%35,377 Merit Adjustment 28,470 0 0 0.00%28,470 Interfund loan repayment 44,286 0 0 0.00%44,286 Transfer to General Fund 956,469 0 0 0.00%956,469 TOTAL EXPENSES $12,315,771 $4,335,046 $4,706,081 35.20%$7,980,725 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-3 Agenda Date 04/02/2013 Type Pre Council Department City Manager Title Presentation and discussion concerning gas rates Explanation Councilmember Michael Muhm requested this item be placed on the City Council's agenda for discussion in response to recent changes in the base rates charged by Atmos Energy Corporation for natural gas. Adrienne Lothery, Strategic Services Manager for the City of Colleyville, and Cathy Cunningham, Attorney at Boyle and Lowry, L.L.P., will present an overview of the gas rate process and recent legislation along with a summary of some of the work being done by the Atmos Cities Steering Committee, of which the City of Colleyville is an active member. Ms. Cunningham has extensive experience dealing with utility issues in Texas from her time as an Assistant City Attorney in Irving as well as her current position with Boyle and Lowry. Ms. Cunningham has served on the Board of Directors of the Texas Coalition of Cities for Utility Issues and has helped advance many city interests in the Texas Legislature over the years. Mary Jean Maloney from Atmos Energy Corporation will be present to discuss the recent rate changes and answer any questions from the City Council. Attachments 1.Gas Rates- Update 4-2-13 Gas Rates- Update Pre Council Meeting April 2, 2013 Background: Gas and Electric Rates in Texas •Traditionally, Texas cities were involved in rate regulation for electric, gas, telephone, and cable •Telephone and cable rates are no longer regulated by cities •Gas rates are still regulated •Electric rates are regulated in part- the “wires charge” only Background: Gas and Electric Rates in Texas •Historically, each city reviewed rates separately. •This led to disparity in rates among nearby cities. Cities that were not as active usually had higher rates while larger cities had lower rates. •This individual process was costly and extremely labor intensive for the cities who engaged in it. •When the regional, then statewide rates took effect, cities joined together to review rates. This partnership drastically reduced city labor and costs in the rate review process. Gas Rate Process Q: What is the process a utility must follow to propose a rate increase? A: Utility files a written “statement of intent” to increase rates and publishes notice in the newspaper for 4 weeks. Rates may not increase for 35 days. •City may take no action (rates approved) or approve rates. •The city may suspend for an additional 90 days beyond the 35th day (a total of 125 days from the date that the initial rate increase was filed). •City may deny •After review, City may grant the increase, grant a lesser increase or deny. •Upon denial or partial denial, the Company may appeal to the Railroad Commission. Gas Rates in Texas •Rate requests begin with cities if they have retained original jurisdiction. •Railroad Commission has exclusive appellate authority. •Appeal is de novo. •Two bills have been filed that would affect the process for rate request hearings •HB 1148 would eliminate rate case expense reimbursement for cities •HB 1149 would eliminate original jurisdiction for cities •Legislative hearing on March 6th – bills were left pending Gas Rates in Texas •Years ago, cities would handle rates requests individually. •Approximately 15 years ago, the gas utility began consolidating geographical areas in regard to rates. •Gas rates eventually became state wide by company, although a few years ago, Dallas separately challenged gas rates. Dallas is still handled separately. Their challenge was not successful. Atmos Cities Steering Committee •With the regional, then state wide consolidation of rates, it made sense for cities to consolidate in their approach to rates. •Cities formed a group that is now known as the Atmos Cities Steering Committee (ACSC). -150+ member cities -Represents nearly 1.2 million residential customers •Being a member of ACSC saves cities and citizens money through consolidation of efforts. Gas Reliability Infrastructure Program (GRIP) •In addition to regular rate cases, in 2003 the Texas Legislature passed legislation that allowed for an increase in gas rates based upon infrastructure needs of the gas company. •The procedure is referred to as “GRIP” – Gas Reliability Infrastructure Program. •GRIP cases receive very little oversight. •ACSC believes that GRIP led to “…un-reviewed rate increases and windfall utility profits.” Rate Review Mechanism (RRM) •In 2007, ACSC negotiated an alternative procedure to GRIP – the Rate Review Mechanism (RRM). •It offers a more comprehensive review than the piecemeal GRIP system. •Cities agreed to expedite the rate review in exchange for the more comprehensive system. •However, the RRM process does not cover everything – for example rate increases associated with gas pipeline systems outside city limits. Rate Review Mechanism (RRM) Status •Rate Review Mechanism (RRM) is currently being reviewed by ACSC and Atmos •ACSC’s attorney (Geoffrey Gay) is having discussions with Atmos •Atmos has provided a draft tariff and it will soon be reviewed and discussed by ACSC •After review, a decision will be made as to whether to keep the RRM process. If the RRM process is not kept, Atmos will use the GRIP process. Legislature In Session •Prior to the 2013 session, the House Committee for State Affairs had the following charge: “Identify inefficiencies in the regulation of public utilities in order to minimize the cost of regulation to consumers.” •What does that mean? It is a phrase some officials use in regard to municipal oversight of rate regulation. Such a charge could result in legislation that would eliminate municipal involvement, and with it, protection of our citizens in rate cases. •This charge evolved into HB 1148 & 1149 discussed above Recent Gas Rate Changes •Residential •Base customer charge was $7.50, is now $17.70 •Consumption Charge (per Mcf ) was $2.5116 and is now $0.4172 •Commercial •Customer Charge was $16.75 and is now $34.72 •Consumption Charge (per Mcf ) was $1.0217 and is now $0.6589 •Effective date was January 1, 2013 Questions? City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-4 Agenda Date 04/02/2013 Type Pre Council Department Economic Development Title Presentation and update on Colleyville CloseBuy Explanation The Economic Development Department has been promoting the Colleyville CloseBuy program since the associated web site platform was first launched in July 2011. With the subsequent launch of the Ccard Program in fall 2012, staff members will present a brief report on hits to the City's and Colleyville businesses' web pages, the growth of participating Ccard businesses, and related CloseBuy promotional efforts, including the kick-off and continuance of the CashMob campaign. Attachments 1.Colleyville CloseBuy presentation Colleyville CloseBuy Pre Council Meeting April 2, 2013 July 2011 Launch ColleyvilleCloseBuy.com November 2011 Logo first appears in advertisement May 2012 Launch of Ccard Program to Businesses November 2012 Launch of Ccard Program to Public Business Directory Events Cash Mob - A gathering similar to a flash mob organized through social media, where a group meets near a small business and spends about $20 each. C-STAR/R Colleyville Services to Assist Restaurants & Retailers City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-5 Agenda Date 04/02/2013 Type Pre Council Department City Secretary Title Discussion of the April 2, 2013, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 04/02/2013 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Advice from city attorney regarding drainage Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-13-3612 A RESOLUTION APPROVING CITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 2, 2013 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 2ND DAY OF APRIL 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 04/02/2013 Type Announcements, Proclamations and Presentations Department Parks and Recreation Title Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 20, 2013 – Charna Gray, President, Ret Stansberger, member, Keep Colleyville Beautiful Committee Proclamation in recognition of Child Abuse Prevention Month - Samantha Shirdiff, Community Educator, Alliance for Children Attachments 1.Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville 2.Proclamation in recognition of Child Abuse Prevention Month RESOLUTION R-13-3613 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 2, 2013 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 March 19, 2013 b.Approval of the North Central Texas Public Works Mutual Aid Agreement, authorizing the City to provide mutual aid to other cities in the North Central Texas region in times of emergencies, and to receive mutual aid from other cities when needed, and authorize the Mayor to execute the agreement c.Approval of a donation from Susan Stark of a bronze sculpture, "Juliana's Two Loves" to the Colleyville Public Library d.Approval of the Colleyville Center Advisory Committee, Parks and Recreation Advisory Board, Colleyville Library Board, and Colleyville Sidewalks Committee bylaws AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND ________ ABSTENTIONS ON THIS THE 2ND DAY OF APRIL 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 19, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on March 19, 2013, 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, Police Chief Mike Holder, Captain Robert Hinton, Interim Fire Chief Clif Nelson, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Human Resources Analyst Jesse Perez, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. PC-1 Presentation and discussion of landscaping and hardscaping throughout the City of Colleyville Public Works Director Bob Lowry discussed the landscaping and hardscaping throughout the City of Colleyville. Michael Black with la terra studio, provided a presentation on various landscaping concepts and designs. Councilmember Wollin questioned Mr. Black regarding if drip irrigation may be used. Mr. Black replied yes, but the maintenance product will be incorporated at the time of design. Councilmember Taylor stated landscaping will vary throughout the City, especially on Colleyville Boulevard were the business visibility is more important. Councilmember Muhm concurred. Mayor Kelly stated landscaping may be tailored all over Colleyville. Councilmember Taylor stated there will need to be a balance between the residential areas versus the commercial areas. Mr. Black concurred. Councilmember Wollin stated it is important to have texture and variety, to be appealing to the eye, and incorporate items which are low in maintenance. City of Colleyville Page 1 City Council Minutes - DRAFT March 19, 2013 Councilmember Hall questioned if there will be landscaping in the center of Colleyville Boulevard (SH26). Mayor Kelly replied there will be some opportunities for landscaping along SH26. Councilmember Muhm questioned staff regarding if the typical landscaping will occur along SH26. Director Lowry stated plantings will be limited along SH26 because of TxDOT’s requirements. Councilmember Muhm questioned staff regarding if the hardscapes, similar to what Grapevine is doing, will be the standard for landscaping along state highways. Director Lowry replied yes. Mayor Pro Tem Hart questioned Mr. Black regarding if TxDOT will allow trees. Mr. Black replied typically they will not. Mayor Kelly stated the branches cannot go past the medians. Mayor Pro Tem Hart questioned Mr. Black regarding if TxDOT will allow boulders. Mr. Black replied typically they will not. Councilmember Muhm questioned Mr. Black regarding where these types of things allowed, if they are not allowed on SH26. Mr. Black replied the photos presented this evening are simply examples of landscaping, but portions of each photo will work on various sites. Mayor Pro Tem Hart stated heat and drought tolerant plants are important. Councilmember Taylor questioned staff regarding what can be done in other parts of Colleyville, other than SH26. Director Lowry replied the median portion of SH26 is only one part of the landscaping puzzle; there are other parkways and curbs in which to incorporate. Mr. Black stated he did not want to focus on Colleyville Boulevard, since TxDOT has more control over it than the City. He further stated they will incorporate approved landscaping along SH26 as TxDOT allows. Councilmember Hall questioned staff regarding if this landscaping design has been incorporated in the contract for the Glade Road study. City Manager Jennifer Fadden replied no. Councilmember Hall stated he could see areas landscaped like the existing areas on Glade Road, however, stated he knows those same types cannot be used on SH26. Mayor Kelly stated there needs to be a common theme with adjustments throughout the City. Councilmember Hall stated low maintenance plantings are important. He stated boulders and such may be used, but limited. City of Colleyville Page 2 City Council Minutes - DRAFT March 19, 2013 Councilmember Wollin stated regular grass requires a lot of maintenance. Councilmember Taylor stated the intersection areas need to be of concentration for this discussion. He stated he did not want to distract from the resident’s landscaping. Mayor Kelly stated la terra needs an overall theme to be able to bring back something to update City Council. Councilmember Taylor questioned Mr. Black regarding what other projects they have done for Colleyville. Mr. Black replied the Riverwalk landscape plan and some park work at McPherson. Councilmember Muhm stated he would like to see some examples of the landscaping that has already been done in Colleyville. He stated it would be easier for him to see these, if they were applied to a Colleyville landmark. Mayor Kelly questioned City Council regarding if they are willing to accept a higher initial cost. Councilmembers concurred. Councilmember Taylor stated all citizens will benefit from these landscaped areas. Mayor Kelly stated there may be areas, such as the major gateways to the City, which may cost more. Councilmember Muhm stated there has been a huge investment made into the landmark signs, therefore they need to be an extreme focal point. Mayor Kelly questioned City Council regarding if hardscaping is acceptable to be incorporated. Councilmembers concurred but some stated limiting the hardscaping. Mayor Kelly questioned City Council regarding if berming is acceptable to be incorporated. Councilmembers concurred. Councilmember Taylor stated having an issue with not being able to see oncoming traffic. Councilmembers concurred. Mayor Kelly questioned City Council regarding if evergreen trees are preferred versus flowering trees. Councilmembers concurred. Mr. Black stated he will bring back a variety of trees. Councilmember Wollin stated evergreens do need to be incorporated for interest. Councilmember Taylor stated we need to keep the same people making the presentations, and completing the projects, so that a natural theme is consistent. City of Colleyville Page 3 City Council Minutes - DRAFT March 19, 2013 Councilmember Muhm stated the two contractors for the Glade Road and SH26 projects need to be engaged with the landscape design. City Manager Fadden stated la terra will provide a maintenance component to the design. Director Lowry replied maintenance is a large aspect for this design. PC-2 Update and discussion of the job classification and compensation study Human Resources Director Michelle Reyes introduced Bruce Lawson, Managing Director, and Sandra Spellman, Senior Consultant, of Fox Lawson & Associates, to discuss the job classification and compensation study. Councilmember Muhm questioned staff regarding if the prior, 2006 study has been used. Director Reyes replied yes. Councilmember Muhm questioned staff regarding how worthwhile is the current system. Director Reyes replied the system built in 2006 was applicable to what had been requested at the time. She further stated it is somewhat cumbersome and stated they are requesting something more flexible. Councilmember Taylor questioned staff regarding where is the information obtained for the chart listed in the briefing. Director Reyes replied the information gathered from the salary survey completed by the human resources department. Councilmember Taylor stated it is hard to believe that in a three year period, staff has come from a quarter of the employees being below market to over half of the employees are below market. Councilmember Muhm questioned if those one time payments have been included in the salary. Director Reyes replied no. She stated this study will look at the salary ranges as compared to the actual salary in surrounding cities. Councilmember Muhm questioned staff regarding if other cities have been adding to their base and moving their salary structures. Director Reyes replied yes. Councilmember Hall questioned staff regarding if the compression issue addressed last year for the police department, has that been included? Director Reyes explained the survey has not been conducted since the compression had been addressed. Councilmember Taylor questioned staff regarding why the study is being conducted prior to a new survey, especially with the changes that have already been made. Director Reyes stated there are challenges with the current system that will be addressed with this study. City of Colleyville Page 4 City Council Minutes - DRAFT March 19, 2013 Mayor Kelly stated staff is trying to be proactive to have a compensation philosophy to move forward. He stated the compression done with the police department was reactive. Councilmember Muhm stated it is important to have a compensation structure which makes sense. He further stated the funding side of this is a huge part. Mayor Kelly concurred and stated the commitment portion is just as big. Councilmember Short stated this study would need to be done even if we were at 100 percent of market. Councilmember Muhm stated the seven cities and the private sector information is important to have. He stated the entire benefit package has to be considered and be a fair compensation structure. Councilmember Wollin stated she would like to look outside of this area, the seven cities, plus cities similar to us in size. Councilmember Hall stated it is important to attract and keep the best and stated he would like to see what the cost is for 75 percent of market. Councilmember Muhm questioned staff if it has ever been discussed to be at 50 percent of the market. Mayor Kelly replied no, we are trying to get the philosophy structure. Councilmember Hall stated he would like to see a draft for each job category comparing the tenure versus compensation. Councilmember Muhm stated it will almost be a step system. Mr. Lawson explained the theory behind the compensation ranges. City Manager Jennifer Fadden explained the City does not have a longevity based compensation system; we have a performance based system. Mayor Kelly questioned staff regarding if we are currently at the mid-point per the 2006 study. Director Reyes replied currently it is 50 percent of the seven cities studied. Mr. Lawson further explained the mid-point and the market rate. Councilmember Hall questioned staff regarding if there is a high turnover at the 50 percent. Director Reyes replied there were 28 people who left. Councilmember Taylor questioned staff regarding if those were retired persons or resignations. Director Reyes replied eight people retired and 16 people resigned. Councilmember Muhm questioned staff regarding how many of those persons left the police department. Director Reyes replied six. City of Colleyville Page 5 City Council Minutes - DRAFT March 19, 2013 Councilmember Taylor stated the numbers become unbalanced if you have employees who are not performing and are not getting increases in pay because of it. He stated the same is true with other cities, especially the cities that we use to compare; the numbers become unbalanced with the market but it is because of the employees who are not performing. Councilmember Taylor questioned Mr. Lawson if the Council of Government’s data is used. Mr. Lawson replied they will use some published data, especially on the public sector, but most private sector information relates to the public sector, such as finance and human resources. Mayor Kelly questioned staff regarding the competitiveness of the market and if we are seeing issues with our current system. Director Reyes stated it is becoming very difficult to get qualified applicants for open positions. She stated some people who have left, state the pay is an issue. Councilmember Muhm stated 50 percent is a good place to start. Mr. Lawson stated the survey is going to show where the organization is currently placed. Councilmember Short questioned staff regarding the screening process, how the “star performers” are determined. Mayor Kelly stated there is always a balancing act with performance versus pay. Councilmember Muhm stated it is important to be able to manage the staff so that if you have a top performer then maybe they can be paid at the top level. Councilmember Short stated if we are able to identify those star performers then we should be able to pay them for it and select people at a reasonable rate. Councilmember Hall stated he would like to see the cost in which, it would take to raise it to the 75 percent. Mayor Kelly stated it is important to maintain the 50 percent, at or below. Councilmember Taylor stated he does not want to raise all of the other cities salaries. Mayor Kelly stated it is much larger than that; our community demands a high level of service. Councilmember Taylor stated if there is a need, he wants to know that it can be addressed. Councilmember Muhm stated compensation is part of the equation and people will not just stay because of the money. City of Colleyville Page 6 City Council Minutes - DRAFT March 19, 2013 Councilmember Taylor stated employees like to have the best equipment to help them do their job and provide those services. PC-3 Presentation and update regarding the Quiet Zones on the Cotton Belt Railroad Public Works Director Bob Lowry discussed the Quiet Zones on the Cotton Belt Railroad. Councilmember Muhm questioned staff regarding if there will be quad gates at John McCain. Director Lowry replied no. Councilmember Muhm questioned staff regarding if the City’s portion will be less than 20 percent. Director Lowry replied the total cost will be less than the funding available. Councilmember Taylor questioned staff regarding if this will negate the quiet zone. Director Lowry replied the quiet zones are implemented by several different measures. Councilmember Hall questioned staff regarding the trail. Director Lowry explained the trail construction and who will be funding it. Councilmember Wollin stated having concerns for whether they “may” or “shall” sound the horn if there are quiet zones in place. Director Lowry stated there is no way to enforce it. Mayor Kelly stated they are now required to sound their horn, but in the future they will not be required to sound it. Mayor Pro Tem Hart questioned staff regarding if the entire stretch of track in Colleyville will be in a quiet zone. Director Lowry replied yes. Councilmember Short questioned staff regarding if the City will be paying any of this. Director Lowry stated there is a 10 percent contingency if the railroad adds any unforeseen items. Mayor Kelly stated the City is allocating funds for item 4c, however the City will be reimbursed. Councilmember Muhm questioned staff regarding if there will be issues with the reimbursement. Director Lowry replied The T has budgeted that amount to refund the City. PC-4 Discussion of the designation of park land for the Longwood Property This item was not discussed. It will be placed on the April 2, 2013 agenda. PC-5 Presentation of the Monthly Financial Report - February 2013 City of Colleyville Page 7 City Council Minutes - DRAFT March 19, 2013 This item was not discussed. It will be placed on the April 2, 2013 agenda. PC-6 Discussion of the March 19, 2013, City Council regular agenda items Mayor Kelly adjourned the Pre Council meeting at 7:12 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on March 19, 2013, at 7:13 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, Police Chief Mike Holder, Captain Robert Hinton, Interim Fire Chief Clif Nelson, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.071, Litigation, 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 7:13 p.m. and reconvened at 7:46 p.m. INVOCATION: Reverend Kaiya Kershaw, First United Methodist Church City of Colleyville Page 8 City Council Minutes - DRAFT March 19, 2013 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-13-3609 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the 7th Annual Candy-Free, Hoppin' Good Egg Hunt is scheduled Saturday, March 23, at the Village at Colleyville. The Village is located at Colleyville Boulevard and Main Street. Activities take place in the green space in front of the library (110 Main Street). Hours are 10:00 a.m. until noon. The free event is geared to children ages 12 and under. Hunts are divided by age groups. A certain bunny will be the guest of honor and activities are planned for the entire family. Bunny photos will be available for a small fee. There will also be bounce houses, a balloon artist, face painters, a petting zoo, and lots of bunny- licious activities. For additional information, please call 817.503.1180. In recognition of Colleyville's featured business - Unique Landscaping, 7111 Colleyville Boulevard, Kurt and Donna Kauffman, owners - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized Unique Landscaping owners, Kurt and Donna Kauffman. Mr. and Mrs. Kauffman explained their business and their philosophy. Recognition of employees' years of service Mayor Kelly recognized Office Assistant Chris Andersen; Marketing Coordinator Heather Gaven; Human Resources Analyst Jesse Perez; Library/Parks and Recreation Director Mary Rodne; and Operations Lieutenant Hillary Wreay for their years of service. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3610 4a Approval of the minutes of the regular City Council meeting of March 5, 2013 City of Colleyville Page 9 City Council Minutes - DRAFT March 19, 2013 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of March 7, 2013 4c Approval of an Engineering Services Agreement with CTC, Inc., in an amount not to exceed $321,803.50, for the design of Supplemental Safety Measures (SSMs) for at grade crossings on the Cotton Belt Railway at Bransford Road, Pleasant Run Road, and John McCain Road, to allow the Federal Railroad Administration (FRA) to designate those locations as quiet zones, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-13-3610 in its entirety. Director Lowry briefed City Council regarding item 4c. Mayor Kelly questioned staff regarding the proposed work with the light rail, is the quiet zone a separate item to be put in place? Director Lowry replied the desire is to have the light rail, and The T agreed to fund our portion of the quiet zone. He further explained the expected completion will be 24 months. Councilmember Hall questioned staff regarding if there will be quad gates installed on all four crossings. Director Lowry replied quad gates will only be installed on two locations; the remaining locations will have approved safety measures in place. Councilmember Hall questioned staff regarding if the entire section of tracks located within Colleyville will be considered a quiet zone. Director Lowry replied yes. Councilmember Hall questioned staff regarding the $321,803.50. Director Lowry stated The T will reimburse the City as we are the pay master for this project. Councilmember Taylor stated we will be at net zero for all costs associated with this project. Director Lowry concurred. Councilmember Taylor stated the City would have to request a rail station, and has to be willing to build and maintain a portion, and as such, current and future planning does not indicate this will benefit the City. He further stated a future City Council may be directed to pursue a rail station but as for right now, the citizens do not want a station. Director Lowry stated the cities of Hurst, North Richland Hills, and Colleyville do not wish to have a rail station. Mayor Kelly opened the public hearing at 8:09 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:09 p.m. City of Colleyville Page 10 City Council Minutes - DRAFT March 19, 2013 Councilmember Wollin moved to approve Resolution R-13-3610. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-13-1867 Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 Mayor Kelly read the caption of Ordinance O-13-1867. Director Ruthven provided an update regarding this agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:14 p.m. Curtis Young, applicant, 8003 Jefferson Circle, presented an update regarding this agenda item. Matt Quinn, 5020 Stonebridge Drive, spoke in opposition to this request with concerns for density, traffic, drainage, and home values. Jackie Gardner, 5017 Bluebonnet Drive, spoke in opposition to this request with concerns for density, traffic, drainage, and home values. Harold Whitten, 1209 Garry Lynne Drive, stated not being in support or opposition of this request, but stated having issues with drainage. Lisa Pomroy, 4712 Behrens Road, spoke in opposition to this request with concerns for density, traffic, drainage, and the rural atmosphere being taken away. Kathleen Hennessy, 5013 Stonebridge Drive, stated the allocation of Bluebonnet Drive on the Master Thoroughfare Plan is as a local street; however this new development will create more homes than the criteria for a local street. She stated having a dilemma with rather to support or oppose the request. City of Colleyville Page 11 City Council Minutes - DRAFT March 19, 2013 Martha Dameron, 1600 Cherry Street, spoke in opposition to this request with concerns for density, traffic, drainage, and home values. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:53 p.m. Mayor Kelly questioned staff regarding if the current zoning is R20. Director Ruthven replied correct. Mayor Kelly questioned staff regarding the number of lots which are zoned R40 but do not meet the R40 zoning district requirement. Director Ruthven replied there are a few lots on Bluebonnet Drive, which do not meet the R40 zoning district requirements, such as lot depth and width. Mayor Kelly questioned staff regarding if the developer could face homes to front Bluebonnet Drive and Glade Road with the current zoning district. Director Ruthven replied yes. Mayor Kelly stated there would be no open space requirements if the properties were developed as R20 lots. Director Ruthven concurred. Mayor Kelly questioned staff regarding the density, based on the current Master Plan, is 3.0 units per acre, same density as R15. Director Ruthven concurred. Mayor Kelly questioned staff regarding if the zoning is appropriate for the land use and in terms of this being a transitional area. Director Ruthven concurred. Mayor Kelly stated the density is actually more than R40 on the east side of Bluebonnet Drive given some of the lots do not meet the R40 zoning district requirements. Director Ruthven concurred. Mayor Kelly questioned staff regarding if the Bridges at Riverwalk development is 3.8 units per acre, minus the commercial component. Director Ruthven concurred. Mayor Kelly questioned staff regarding the lot size, noting the Bridges at Riverwalk average lot size is 6,479 square feet, whereas the proposed development is 9,208 square feet. Director Ruthven replied yes. Mayor Kelly stated in terms of open space, the Bridges at Riverwalk is 24 percent, whereas the proposed development is 23 percent. Mayor Kelly stated there are some transitional benefits between the Bridges at Riverwalk and the proposed development regarding the items mentioned above. Councilmember Muhm questioned Mr. Young regarding if the sketch is to scale? Mr. Young replied yes. City of Colleyville Page 12 City Council Minutes - DRAFT March 19, 2013 Councilmember Muhm questioned Mr. Young regarding the landscape buffer along Bluebonnet Drive, what is the distance. Mr. Young replied the open space, which backs to Bluebonnet Drive, varies from 42 feet to a maximum of 53 feet. Councilmember Muhm questioned Mr. Young regarding what will be seen going down Bluebonnet Drive. Mr. Young replied there will be trees, then a wrought iron fence, then more trees. Councilmember Muhm stated there will be a wrought iron fence, roughly about 40 feet from the roadway. Mr. Young replied yes. Councilmember Muhm questioned Mr. Young regarding the drainage along the western property line. Mr. Young explained the drainage for the subject property. Councilmember Muhm questioned Mr. Young regarding access to the open space. Mr. Young stated it will be entirely accessible to the public and it will contain the ten (10) foot required City trail. Councilmember Muhm questioned Mr. Young regarding the anticipated number of builders. Mr. Young replied probably no more than two. Councilmember Muhm questioned Mr. Young regarding the west side, what is the current situation with the existing fence. Mr. Young replied the fence will remain in place. Councilmember Muhm questioned staff regarding the number of lots which could be in place for the R20 zoning district. Director Ruthven stated approximately 13 lots; however, with the dedication of a street in the middle of the development, the maximum would be 23 lots. Councilmember Muhm questioned staff regarding if the proposed lots are typical for an R20 lot. Director Ruthven replied yes, the minimum lot depth is 100 feet for an R20 lot. Councilmember Muhm questioned staff regarding if the lots along Bluebonnet Drive are zoned R40. Director Ruthven replied yes, however there are approximately four lots which are smaller than R40. Councilmember Muhm questioned staff regarding the location of the Bidault House. Director Ruthven explained the location of the house in relation to this development. Mayor Kelly re-opened the public hearing at 9:04 p.m. The following persons filled out a speaker card in opposition to this request, however did not wish to speak: Leon and Sharon Maxwell, 5137 Stonebridge Drive; Lola City of Colleyville Page 13 City Council Minutes - DRAFT March 19, 2013 Cobb, 1508 Cherry Lane; George and Bobbie Douglass 1412 Cherry Lane; Jesse Cobb, 1508 Cherry Lane; Harry Clark, 5104 Rose Street; David Gardner, 5017 Bluebonnet Drive; David Michael Gardner, 4500 Stafford Drive; Rachel Cloward, 4500 Stafford Drive; Jimmy Callahan, 5019 Bluebonnet Drive; Mary Callahan, 5019 Bluebonnet Drive; Sharon Albert, 5004 Rose Street; Sally Coleman, 5113 Stonebridge; Linda Campanella, 5008 Stonebridge Drive; Ray Dameron, 1600 Cherry Lane; Joy Winters, 5025 Stonebridge Drive; Pam and Troy Marshall, 5021 Stonebridge Drive; Stewart Harms, 5009 Stonebridge Drive; Reta Sage, 5117 Stonebridge Drive; Joseph and Charlene Palmieri, 5125 Stonebridge Drive; Alan and Jeanette Caldwell, 5016 Stonebridge Drive; Bryan and Judy Berry, 5000 Stonebridge Drive; Steven Fryer, 4300 Briar Ridge Drive; Donna Bertram, 5108 Stonebridge Drive; Terry and Joyce Roland, 5004 Stonebridge Drive; Jimmie Smith, 5028 Stonebridge Drive; Don Black, 5109 Stonebridge Drive; Karen Miesen, 5121 Stonebridge Drive; Patrick and Regina Esken, 5145 Stonebridge Drive; Debbie Free, 5005 Stonebridge Drive; Phil Dill, 5001 Stonebridge Drive; Daniel Mead, 5140 Stonebridge Drive; Ava Fryer, 5129 Stonebridge Drive; Ashley Hansen, 1312 Glade Road; Desiree Sage, 6418 Lorraine Park and Mark Seebeck, 5141 Stonebridge Drive. Mayor Kelly closed the public hearing at 9:07 p.m. Councilmember Taylor questioned staff regarding if there are any concerns for the access gate given the potential for cars parking at Colleyville Center and the Justice Center during an event. Interim Fire Chief Clif Nelson replied they would monitor the event and if there were issues, he would have the Fire Marshal ask the owner to move the cars or they would have wrecker service move the cars. Councilmember Taylor questioned staff regarding the number of parking spaces located at the Colleyville Center. Director Ruthven replied approximately 206. Mayor Kelly questioned staff regarding if the lane would be striped as a fire lane. Chief Nelson replied he would have to review the code. Councilmember Taylor stated this site plan is a vast improvement and much lower in density from the Planning and Zoning Commission recommendation. He stated having concerns for the emergency access and its location. He stated the main access is still too close to the Glade Road and Bluebonnet Drive intersection. Councilmember Taylor questioned Mr. Young regarding the drainage. Mr. Young replied the front of the properties would drain toward the street and the properties located on the west side would have a small portion drain to the rear however, there will be proper drainage in place to accommodate it. Councilmember Taylor questioned Mr. Young regarding the rational between wrought iron fences versus a brick wall on a neighborhood street. Mr. Young stated a wrought iron fence is more neighborly. City of Colleyville Page 14 City Council Minutes - DRAFT March 19, 2013 Councilmember Taylor questioned Mr. Young regarding the view from the back of resident’s homes. Mr. Young stated the back yards will be screened with landscaping. Councilmember Taylor stated having concerns for people being able to view the back of citizen’s yards, especially since Bluebonnet Drive is a highly traveled road. Mr. Young stated they are committed to providing natural screening. Mayor Kelly stated having the same concerns from both sides, having people seeing others in their back yard, and having items in the back yard. He stated having concerns for the natural screening being maintained. Councilmember Short stated the properties along Riverwalk are the same, separated by a water feature and vegetation. Mayor Pro Tem Hart questioned staff regarding if there are any controls with drainage if the property develops as R20. Director Ruthven replied the street would have to have an underground stormwater system to meet the requirements of the code. However, if the homes solely faced Bluebonnet Drive, the builder would be responsible for ensuring the drainage met the code requirements. He further explained a developer will put in all of these requirements with a PUD. Mayor Kelly questioned staff regarding the flow of water, where will it go? Director Ruthven explained it would be contained on the property, in the two water detention areas shown on the plan. Further discussion occurred regarding the drainage for the subject area. Councilmember Wollin questioned staff regarding the existing fence, it is outlined in the ordinance as it shall be kept, however, it does not mention who maintains it? Director Ruthven replied the Bridges at Riverwalk would have to maintain the existing fence. Councilmember Short stated the developer has done a nice job of addressing a lot of the concerns; drainage, density, fencing, and landscaping. Councilmember Muhm questioned Mr. Young regarding the distance of the main entrance to the development from Glade Road. Mr. Young replied approximately 180 feet. Councilmember Muhm questioned Mr. Young regarding if there are any concerns with the homeowners only having one entrance and one exit, especially with getting to and from their homes. Mr. Young replied no. Councilmember Muhm stated the developers have done a nice job with the transitioning of this property within the neighborhood. City of Colleyville Page 15 City Council Minutes - DRAFT March 19, 2013 Councilmember Hall stated this is an improvement over what had been previously presented. He further stated this will take care of the drainage however, he stated being shocked by the overwhelming negative comments regarding this project. He stated he has not seen one person in support of this request. Mr. Young stated they have tried to reach support from the neighbors, especially having addressed most of their concerns. City Manager Jennifer Fadden explained the average home valued at $397,889, has an average property tax of $1,416.09, therefore, if the increase of the home value is $500,000, the average property tax would be $1,780, therefore the average home is provided $2,842 in City services. Mayor Kelly questioned staff regarding if the proposed changes have been incorporated in the proposed ordinance. Director Ruthven replied yes. Councilmember Taylor stated the main access has not been discussed, and the access point has been moved closer to the intersection problem. Mayor Kelly stated the lots were removed to meet the request of City Council. Councilmember Short questioned staff regarding standards for access placement in relation to intersections. Director Ruthven explained the Land Development Code does not address the placement of access to intersections. He further stated staff did not report any issues with the access of this development. Councilmember Taylor stated he has nothing to measure if a roundabout is placed at Bluebonnet Drive and Glade Road in relation to the access of this development. Mayor Kelly questioned staff regarding if the intersection improvements at Bluebonnet Drive and Glade Road will have an impact on this development. Director Lowry replied no decisions have been made regarding this intersection, but that a roundabout has been mentioned as a possible remedy. He stated if the decision is made to construct a roundabout in this location; the access to this development will meet those requirements. He further explained a roundabout has been shown as a possible solution. Councilmember Taylor stated it is possible this intersection may contain a roundabout and he questioned staff regarding will the entrance to this development have an effect on that roundabout? Director Lowry replied he does not have the exact measurements; however, at John McCain and Pleasant Run Road, there are driveways closer than the proposed entrance. Councilmember Muhm questioned staff regarding how many feet are needed to construct a roundabout. Director Lowry explained there will be plenty of room to accommodate the splitter island, which extends from the center of the roundabout, City of Colleyville Page 16 City Council Minutes - DRAFT March 19, 2013 without blocking the traffic. He stated the steep of the grade is another concern and will impact a roundabout for this intersection. Mayor Kelly moved to approve Ordinance O-13-1867, with an amendment to include a wrought iron fence along the east side, with evergreen shrubs placed along the fence for additional privacy. Councilmember Muhm seconded the motion and stated although it is not a perfect development, it will make a nice addition. This item requires a super majority vote and therefore the motion to approve failed by the following vote: Aye: 5 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Jody Short, and Mike Taylor Nay: 2 - Councilmembers Carol Wollin and Stan Hall Councilmember Hall stated there is an overwhelming opposition to this development. Councilmember Wollin concurred. Mayor Kelly stated he does understand the citizens concerns, however, those who are concerned with the proposed development do live in a similar development. Councilmember Hall stated the citizens do not want this development. City Attorney Boyle stated the motion was to approve and it did not carry, therefore the case has not yet been denied and has not been subject to final action. He stated if at the end of deliberation, the City Council were not able to get a sufficient majority vote, either for a vote to deny, which would require four votes, or a vote to approve, which would require six votes, then the case would expire, at that point. Councilmember Muhm questioned City Council regarding what can be done to make this a better development. Mayor Kelly stated there has been input for meeting the parameters, and if it is to develop, as currently zoned, it may not fix those particular issues. Councilmember Hall stated the citizens have heard the developers speak and they still do not want this development. Councilmember Taylor moved to deny Ordinance O-13-1867 without prejudice. Councilmember Hall seconded the motion. Councilmember Taylor stated he did not want less density than what has been proposed and stated there is not a problem with this development. City of Colleyville Page 17 City Council Minutes - DRAFT March 19, 2013 Councilmember Short stated the City is missing an opportunity with this development. He stated this is a good transition. Mayor Kelly stated the City Council has looked at other developments, similar to this one, in which the citizens did not want it and we have voted for it. Councilmember Hall questioned staff regarding when could the developer bring this back for consideration. City Attorney Boyle stated the case will have to start over as a brand new application, somewhere around ten weeks to three months. Councilmember Muhm stated it will be a nice development once this is done. He stated this will not be the only case like this; it is not an isolated case. Councilmember Taylor withdrew his motion. Councilmember Hall agreed to rescind his motion. City Attorney stated the City Council could refer this case back to the Planning and Zoning Commission. Councilmember Muhm stated it may still require a supermajority vote. Councilmember Hall stated there was a supermajority requirement for two reasons; the Planning and Zoning Commission denied the request, and 20 percent of the property owners within the 200 foot notification area were in opposition. Councilmember Hall stated through this process, the development has been designed for the developers. Mayor Kelly stated it has happened through the comments made by the residents on both the east and west side. Councilmember Hall stated even if the property owners stated now being in support of the development, the supermajority vote would still be required because of the Planning and Zoning Commission recommendation of a denial. Mayor Kelly questioned Mr. Quinn (resident who previously spoke in opposition to this request) as to why the homeowners do not want this development. Mr. Quinn stated the residents are not in support because of density, an increase in traffic, and the developer did not approach the residents with something legitimate. Councilmember Muhm questioned staff regarding the discussion of the neighbors when the Riverwalk development was presented to City Council. Director Ruthven stated he was not present for those discussions. Councilmember Taylor stated the citizens did not want that development either. Mayor Pro Tem Hart stated this project needs to go back to the Planning and Zoning Commission. He further stated this is too good of a project to be denied. City of Colleyville Page 18 City Council Minutes - DRAFT March 19, 2013 Councilmember Wollin concurred with Mayor Pro Tem Hart and stated the revisions need to be communicated with the neighbors. Councilmember Hall stated it may be approved by the Planning and Zoning Commission. Councilmembers Taylor and Muhm stated there will still be a supermajority vote required because of the citizen’s opposition. Councilmember Hall stated they may change their mind. Councilmember Hall stated not seeing a commitment by the developer since they have not purchased this land. Mayor Kelly made a motion to send this item back to the Planning and Zoning Commission for additional consideration and recommendation. Mayor Pro Tem Hart seconded the motion. City Attorney Boyle stated he would further review the Charter to see if this item will require one or two readings. Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Staff note: Vijay Borra, 5209 Bluebonnet Drive, turned in a speaker card in support of this item, before the end of the meeting, however, after the public hearing. Mayor Kelly recessed the meeting at 10:05 p.m. Mayor Kelly reconvened the meeting at 10:15 p.m. 5b Ordinance O-13-1868 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, from an Office Land Use Designation to a Single Family Land Use Designation Councilmember Muhm moved to table Ordinance O-13-1868. Councilmember Taylor seconded the motion. City Attorney Matthew Boyle stated this item will remain on the table and off the agenda until Ordinance O-13-1867 is back on the agenda. Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING City of Colleyville Page 19 City Council Minutes - DRAFT March 19, 2013 6a Ordinance O-13-1869 Approval to declare unopposed candidates in the May 11, 2013, General Election elected to office and canceling the election Mayor Kelly read the caption of Ordinance O-13-1869. City Secretary Amy Shelley presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 10:18 p.m. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:18 p.m. 7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 7a Ordinance O-13-1865 Request for a Special Use Permit for a carport on Lot 19, Block 2, of the Briarwood-Colleyville Addition located at 5804 Quails Path, Case ZC12- 032 Mayor Kelly read the caption of Ordinance O-13-1865. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 10:19 p.m. Tim Coltart, applicant and property, owner came forward to present the agenda item and brief the City Council. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:27 p.m. Councilmember Muhm stated he has not had an opportunity to review this submittal since it was only given to the City Council two hours before the meeting. Councilmember Taylor questioned Mr. Coltart regarding elevations. Mr. Coltart stated he did not have elevations. Councilmember Taylor stated having the same issues with following along as Councilmember Muhm. Councilmember Muhm questioned Mr. Coltart regarding the sliding cedar portion of the exhibit. Mr. Coltart stated it is the gate. Discussion occurred regarding the gate mechanism and movement. City of Colleyville Page 20 City Council Minutes - DRAFT March 19, 2013 Discussion occurred regarding a garage versus carport, the roof pitch, and the height of the building. Councilmember Muhm questioned staff regarding the new addition. Director Ruthven stated the new addition could be constructed with the issuance of a building permit, if it met the setback requirements. City Attorney Boyle questioned Mr. Coltart regarding if the plans for the proposed carport are not final. Mr. Coltart concurred. City Attorney Boyle questioned Mr. Coltart regarding if he is aware of the supermajority vote requirement. Mr. Coltart concurred. City Attorney Boyle stated the proposed plan to enclose three sides of the garage would not require a Special Use Permit. Mr. Coltart replied correct. City Attorney Boyle questioned Mr. Coltart regarding if he would have any issues with City Council tabling this request, which would allow for him to bring it back for a second and final consideration, subject only to re-notification when the plans are final? Mr. Coltart replied yes. Mayor Kelly stated being concerned since the applicant requested this item to be tabled two weeks ago and has submitted incomplete plans for a second time. Mayor Kelly questioned staff regarding if the new addition is allowed by right. Director Ruthven replied yes, if it meets all of the setback requirements. Mayor Kelly questioned staff regarding if a carport is being requested or if a garage is being requested. Mr. Coltart stated he did not want to spend any more of City Council’s time. Councilmember Hall questioned Mr. Coltart regarding if he would like to have a carport to be able to drive through. Mr. Coltart replied no. Councilmember Hall questioned Mr. Coltart regarding if he would rather have a garage. Mr. Coltart replied that is really where he is at with this since he does not want to have a sign in his yard any longer requesting a zoning change. Mayor Pro Tem Hart stated the plan has now changed from a carport to a garage. Mr. Coltart concurred. Director Ruthven stated the current plan does not meet the requirements of a carport and therefore would not require a Special Use Permit. Mr. Coltart stated he is currently working with a designer and therefore would like the flexibility to either have a carport or a garage. City of Colleyville Page 21 City Council Minutes - DRAFT March 19, 2013 City Attorney Boyle stated not being sure that this is or is not a carport because the moment he eliminates the north wall, the structure then becomes a carport. He explained the applicant has the choice to have City Council table this item until he can provide exhibits which identify his desire to either have a carport or a garage, depending on the requirements of the ordinance. Mayor Kelly stated he would prefer to clear out this item rather than leave it on the agenda forever. Councilmember Hall moved to table this agenda item to April 16, 2013. Mayor Pro Tem Hart seconded the motion. The motion to table carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no speakers regarding this agenda item. 9. REPORTS Colleyville Sidewalks Committee Minutes - July 10, 2012 Colleyville Center Advisory Committee Minutes - November 26, 2012 Colleyville Events Steering Committee Meeting Minutes - January 23, 2013 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 19, 2013 - Reading and Public Hearing - Resolution R-13-3611 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City of Colleyville Page 22 City Council Minutes - DRAFT March 19, 2013 Mayor Kelly adjourned the City Council meeting at 10:42 p.m. APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND ________ ABSTENTIONS ON THIS THE ________ DAY OF _______________ _____. Minutes taken and prepared by: Amy Shelley City Secretary City of Colleyville Page 23 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 04/02/2013 Number Resolution R-13-3613 Type Resolution Department Public Works Title Approval of the North Central Texas Public Works Mutual Aid Agreement, authorizing the City to provide mutual aid to other cities in the North Central Texas region in times of emergencies, and to receive mutual aid from other cities when needed, and authorize the Mayor to execute the agreement Explanation Reading and Public Hearing Approximately two years ago, representatives from the North Central Texas branch of the Texas Public Works Association (TPWA) began meeting with the Emergency Management staff at the North Central Texas Council of Governments (NCTCOG) for the purpose of establishing a Public Works Emergency Response Team to provide disaster assistance, when called upon to do so. An outgrowth of those meetings was the development of a Public Works Mutual Aid Agreement, similar to what fire and police departments have in place with surrounding cities. The attached Memorandum of Agreement does not obligate Colleyville to do anything, but puts in place the legal framework for Colleyville to provide assistance to other municipalities in the region in times of natural disasters or other kinds of emergencies. The agreement complies with Chapter 791, the Interlocal Cooperation Act, and the Texas Statewide Mutual Aid System of Chapter 418 of the Texas Local Government Code. The Memorandum provides for participating cities to provide mutual aid to other cities when requested to do so. Any such request for assistance will: A. Be made only with a Declaration of a state of Local Civil Emergency or Declaration of Disaster by a Requesting Party pursuant to Section 418.108, Texas Local Government Code or after a proclamation of a State emergency under Section 433.001, Texas Local Government Code. B. Be made only without a Declaration of a state of Local Civil Emergency or Declaration of Disaster if the requesting agency expects to use the resource(s) for less than one operational period (no longer than 36 hours) or if the declaration of emergency is expected to be issued during the first operational period (36 hours). C. Be made by the highest-ranking authority of the Requesting Party available at the City Council Agenda Briefing 4b City of Colleyville Page 2 time of need. D. Be made to the highest ranking authority of the Responding Party available at the time of need, and E. Specify to the greatest extent possible the nature of the problem requiring assistance and the resources requested. While it is not possible to predict when or if Colleyville will be asked to provide aid to another city, or if Colleyville will ever request aid from another city, this agreement is beneficial to the the interests of the city in times of emergency. Financial Impact Adoption of the Agreement has no impact on the budget. If the City is requested to provide mutual aid to another jurisdiction, and agrees to do so, the cost to the City for salaries, fuel, equipment maintenance and supplies will be borne by the City for the first 36 hours of the event. After that, the City may be eligible for reimbursement from the state or federal government if a Disaster Declaration is issued. Recommendation Approve Attachments 1.North Central Texas Public Works Mutual Aid Agreement 2.Procedures to use for the North Central Texas Mutual Aid Agreement NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 1 This mutual aid agreement (“Agreement”) is entered into by, between, and among the North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas acting by and through their duly authorized officials. The undersigned Participating Local Governments and any and/or Public/Political Sub-Divisions of the State of Texas adopting this agreement upon a formal order of their respective governing bodies as provided therein may be referred to in this Agreement individually as “Party” and collectively as “Parties.” By signing this document, and sending it to the Public Works Emergency Response Team, at an address maintained by the NCTCOG, the agency has indicated that it consents to be a party to this emergency mutual aid agreement, and acknowledges that it is not necessary to receive copies of the agreement from other agencies that are party to such agreement. RECITALS WHEREAS, the Parties recognize the vulnerability of the people and communities located within local governments and public subdivisions to damage, injury, and loss of life and property resulting in emergencies, disasters or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual (governmental entity) (Party); and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of an emergency, disaster or civil emergency or public works emergency; and WHEREAS, the Parties that wish to make suitable arrangements to provide Mutual Aid are so authorized, and make this Agreement pursuant to all governmental power inherent in home rule and other municipalities and all statutory authority, including, but not limited to, the Interlocal Cooperation Act Chapter 791 of the Texas Government Code); the Texas Disaster Act of 1975 as amended Chapter 418 of the Texas Government Code including the Texas Statewide Mutual Aid System of the Emergency Management Chapter, set out in Subchapter E-1 of Texas Government Code, Section 418.111 et seq, and any amendments to that authority or other authority that may be set out in the constitution of laws of the State of Texas; WHEREAS, it is understood that the creation of this Agreement and the Texas Statewide Mutual Aid System (SB11) under Chapter 418 E-1 does not replace or supersede existing mutual aid agreements or interfere with the ability of municipalities to enter into written mutual aid agreements in the future. It is understood that if a written agreement is entered into by governmental entities or municipalities requesting resources, then the terms of that agreement control the rights and responsibilities of the participating parties to the extent the agreement provides terms that differ from the Texas Statewide Mutual Aid System. WHEREAS, it is expressly understood that any mutual aid extended under this Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the “Texas Disaster Act” and other applicable provision of law and except as otherwise provided by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of such Mutual Aid Plans; NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 2 NOW, THEREFORE, the Parties agree as follows: Section 1: Incorporation: The above whereas provisions and statements are incorporated as if written word for word below. Section 2: Purpose: This Agreement is hereby established to provide planning and operating procedures whereby public works related Agencies may request aid and assistance in the form of personnel, equipment, materials and/or other associated services from other public works related agencies. This agreement allows for better coordination of efforts, identifies available resources and helps ensure that timely aid can be provided. Section 3: Definitions A.“Agency” means any municipal public works agency, township road district, county highway departments, or any Public/Political sub-division that performs a public works function that abides by the provisions as found in this Agreement. B.“Administrative Agency” means the entity designated by the Parties to be responsible for maintaining the documents associated with this Agreement including distributing Point of Contact and Resource Inventory information. C.“Assisting Party” or “Responding Party” means the agency or organization which has received a request to furnish aid and assistance from another Party and has agreed to provide the same. D. “Civil Emergency” means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. E.“Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, winter storm, biological or health hazards, dam or levee break, drought, explosion, riot, acts of terrorism and other public calamity requiring emergency action or requiring homeland security activity (as that term is defined in Chapter 421 of the Texas Government Code entitled Homeland Security) that is or likely to be, beyond the control of the services personnel equipment and facilities of a Party that requires assistance under this Agreement, but must be coordinated through the appropriate local accredited/certified Emergency Management Agency coordinator. F.“Emergency” means any occurrence or threat thereof, whether natural or caused by man, in war or in peace, which results in substantial injury or harm to the population, or substantial damage to or loss of property. G.“Homeland security activity means any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency. H.“Mutual Aid” means providing resources such as personnel, equipment, services and supplies. These resources support typical public works missions or tasks such as: removal of debris, restoration of water/wastewater operations, flood control, infrastructure system repairs, standby power, and damage assessment. NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 3 I.“National Incident Management System (NIMS)” means a Presidential directive that provides a consistent nationwide approach that allows federal, state, local and tribal governments as well as private sector and nongovernmental organizations to work together to manage incidents and disasters of all kinds. J.“Operational Period” shall mean a period of time beginning at the time of the request for Mutual Aid and lasting no longer than thirty six (36) hours. Typically assistance would be given in Twelve (12) hour shifts for operational efficiencies. It is the intention of this mutual aid to be for assistance in the initial response to the emergency and not part of the long term recovery. If assistance is requested beyond the initial 36 hours, then the requesting agency must work with the responding agency directly and put in place a mutual agreeable contract and payment for services rendered. It is also understood that any agency responding under this mutual aid agreement will not receive any reimbursement for their mutual aid assistance up to the first 36 hours, even if the event becomes a declared emergency by the President. After the first 36 hours repayment shall be provided. It is also understood that any agency for any reason may decline to assist or recall their mutual aid at any time. K.“Point of Contact” means a person and/or an agency’s department/office serving as the coordinator or focal point of information dealing with public works emergency response activities. L.“Public Works Emergency Response Team” (PWERT) means a working group of Public Works Officials representing their agencies; whose mission is to develop and maintain a region wide network of public works’ related agencies. This teams’ principal purpose is to provide mutual aid response and recovery assistance, to each other, when confronted with natural or man- made emergencies or disasters. This Group is designated as the Administrative Agency to manage this Agreement. M. “Requesting Party” means the agency or organization receiving aid and assistance from a Assisting Party. N.Public/Political Sub-Division means a basic level of independent local government or quasi- government authorized by Section 52 of the Texas Constitution that typically have a specific or limited purpose including Dallas Fort Worth International Airport, Toll Authorities, independent school districts, water or wastewater districts and improvement and economic development districts and exist separately from general purpose local governments such as county, city or townships. Section 4: Term This Agreement shall become effective as to each Party on date of adoption as indicated on the signature page for each Party and shall continue in force and remaining binding on each and every Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 5 of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties Section 5: Termination Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of Public Works Mutual Aid. The Governing Body of a Party shall, by NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 4 Resolution, give notice of termination of participation in this Agreement and submit a copy of such resolution to the Administrative Agency and all other Parties. Such termination shall become effective thirty (30) days after filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. Section 6: Responsibility of Parties Provision of Aid: Each Party recognizes that it may be requested to provide aid and assistance at a time when it is necessary to provide similar aid and assistance to the Party’s own constituents. This Agreement shall not be construed to impose any unconditional obligation on any Party to provide aid and assistance. A Party may choose not to render aid and assistance at any time for any reason, or to recall aid that has been deployed at anytime. Section 7: Request for Assistance: The request for assistance will: A.Be made only with a Declaration of a state of Local Civil Emergency or Declaration of Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code or after a proclamation of a State of Emergency under Section 433.001, Texas Government Code, B.Be made only without a Declaration of a state of Local Civil Emergency or Declaration of Disaster if the requesting agency expects to use the resource(s) for less than one operational period or if the declaration of emergency is expected to be issued during the first operational period. C.Be made by the highest ranking authority of Requesting Party available at the time of need, D.Be made to the highest ranking authority of the Responding Party available at the time of need, and E.Specify to the greatest extent possible the nature of the problem requiring assistance and the resources requested. Section 8: Procedures for Requests and Provision of Mutual Aid: See Attachment 1 Section 9: Cost Limitation A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the first Operational Period as defined in Section 2 of this Agreement. A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the first Operational Period. Section 10: Expending Funds: A Responding Party that performs services or furnishes aid pursuant to this Agreement shall do so with their own current funds. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Section 11: Insurance NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 5 A.Worker’s Compensation Coverage: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers’ Compensation Act. B.Automobile Liability Coverage: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. C.To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages Section 12: Miscellaneous A.Entirety: This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with an Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 12E below. B.Other Mutual Aid Agreements: This Agreement is not intended to replace or conflict with - local mutual aid agreements for other emergency response needs such as fire and police or for the other purposes C.Severability: If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of the Agreement are severable. D.Validity and Enforceability: If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made as part of the Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirement of the limitations, and so modified, this Agreement shall continue in full force and affect. E.Amendment: This Agreement may be amended only by the mutual written consent of the Parties. F.Governing Law and Venue: The Laws of the State of Texas shall govern this Agreement. In the event of an Emergency or Disaster physically occurring with the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the Emergency or Disaster occurred. In the event an Emergency or Disaster physically occurring in more than one county that is a Party thereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. G.Signatories: The PWERT shall be the official repository of original pages of the Parties to this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain a copy of their own originally signed document with an additional individual signature page from their Agency to be filed with the PWERT under this Agreement. PWERT will maintain contact information from all of the parties and provide for a means of communication whenever there is a need to call for mutual aid. This agreement may be signed in multiple copies, and it is only necessary for the agencies to notify the PWERT and keep them informed of the contact information. NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 6 H.PWERT – the Administrative Agency, managing this agreement, provides for one membership seat for each participating agency and one alternate seat. The primary seat should be held by a Public Works Official or designee. The alternate seat should be held by a member of the jurisdiction of the Emergency Management Division or designee. The jurisdiction is not required to fill the seats, but, it is strongly recommended, in order to receive information and training for emergency response. EXECUTED this _______day of ___________________, 2013 CITY OF COLLEYVILLE, TEXAS: _________________________________________________ David Kelly Mayor ATTEST: _________________________________________________ Amy Shelley City Secretary APPROVED AS TO FORM: _________________________________________________ Matthew Boyle, City Attorney PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Here are the suggested steps for your agency to follow when using the Agreement. Generally if the Emergency Operations Center for your city is activated follow the incident command system and associated communications operations plan to request resources 1. Requesting Agency Steps to Follow: A. Assess the situation and determine the resources needed. B. Fill out the REQUESTING AGENCY Checklist (Form 1). C. Locate agencies included in the agreement OR Contact the Public Works Emergency Response Team (PWERT) standby point of contact for assistance to complete the remaining steps. D. Call one or more agencies that may have the resources you need. E. Fill out a REQUESTING AGENCY MUTUAL AID INFORMATION Form (Form 2). F. Send copy of the form to the RESPONDING AGENCY as soon as possible. 2. Responding Agency Steps to Follow: A. Make sure you can fulfill the request before providing an answer. Notes: 1) obtain required local authority to deploy the resources 2) providing assistance is voluntary and an agency is not required to fulfill the request if you determine the resources are critical to your operational needs. B.Analyze the risk level of the request. C.Complete the RESPONDING AGENCY Checklist (Form 3) with the information given by the REQUESTING AGENCY. D.Brief your employees and prepare the equipment. E.Complete the Employee & Equipment Information Form (Form 4). Provide copies to your responding staff and to the REQUESTING AGENCY. F.Dispatch staff to the REQUESTING AGENCY for assistance. 3. Supervision and Control: The responding personnel, equipment and other resources will be under the operational control of the Requesting Agency. These response operations shall be NIMS compliant as well as organized and functioning within an Incident Command System (ICS), Unified Control System (UCS). Direct supervision and control of responding agency’s resources shall remain with their designated supervisor(s). The designated supervisor(s) shall: maintain personnel time records, material records and a log of equipment hours and report work progress to the Requesting Agency. The Responding agency’s personnel and other resources remain subject to recall by the Responding Agency’s authority at any time, subject to reasonable notice to the Requesting Agency. 4. Food, Housing and Self Sufficiency: Unless specifically instructed otherwise, the Responding agency will have the ability to be self-sufficient as practicable from the time of arrival to their designated staging area location to the time of their arrival back at the responding agency’s home department. However, the requesting agency may need to provide resources for tasks extending normal supplies. For example, if the required tasks require significant mobile activities and fuel, the Requesting agency should be prepared to augment their gas/diesel supplies. PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 5. Communications: Unless specifically instructed otherwise, the Requesting Agency shall have the responsibility for coordinating communications between the personnel of the Responding Agency and the Requesting Agency. Responding Agency should be prepared to furnish their own internal communications equipment sufficient to only maintain communications among their respective operating units. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 04/02/2013 Number Resolution R-13-3613 Type Resolution Department Library Title Approval of a donation from Susan Stark of a bronze sculpture, "Juliana's Two Loves" to the Colleyville Public Library Explanation Reading and Public Hearing Susan Stark proposes to donate a bronze sculpture, “Juliana’s Two Loves”, to honor the memory of her daughter Juliana, who loved both reading and her niece Lauren Stark, a Colleyville resident. The bronze sculpture is a table piece, approximately 10”x10”X10”, and will be placed on a pedestal on the first floor of the Library for visitors to enjoy. The estimated value of the sculpture is $5,000 per the attached Donation and Transfer of Title form. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.City of Colleyville Donation and Transfer of Title 2.City of Colleyville Donation Policy 3.Photo of Bronze Sculpture "Juliana's Two Loves" July 19, 2011 CITY OF COLLEYVILLE CITYWIDE DONATION POLICY Statement of Purpose The City of Colleyville encourages donations to the City in support of programs, services, collections and facilities, for the enhancement of Colleyville. The purpose of the Citywide Donation Policy (Policy) is to provide consistent and uniform procedures for a donation to the City and to provide the donor knowledge of the Policy under which the donation is given and accepted. All boards, commissions, committees and City Council shall comply with this Policy. All departments and employees of the City of Colleyville remain subject to the City of Colleyville Personnel Policy and Procedures Manual and the Policy. Exemptions Donations from the Friends of the Colleyville Public Library, the Colleyville Public Library Foundation, Colleyville Citizen’s Fire Academy Alumni Association, Colleyville Citizen’s Police Academy Alumni Association, monetary and services-in-kind donations provided to City of Colleyville sponsored events and donations of $2,500 or less are exempt from the Policy. Procedures Individuals, businesses or organizations making a donation to the City shall submit a City of Colleyville Donation and Transfer of Title form to the appropriate department director. Specifications including plans, drawings, photographs, or details pertinent to the donated item, including value of the donation and anticipated annual operating cost, shall be included. All spaces on the form shall be completed or noted if not applicable. Any stipulations, including location and use of a donation, shall be included on the Donation and Transfer of Title form. If no such stipulation is recorded on the form or as an addendum, the City shall have the right to use the donation as determined by the City, free of encumbrances. City insurance and accounting valuations necessary to meet standard City procedures are separate and apart from the donation process. When the Donation and Transfer of Title form has been fully executed by the donor and the City of Colleyville, the donation becomes the property of the City of Colleyville. A copy of the completed Donation and Transfer of Title form shall be given to the donor as a record of the donation. The Policy shall take precedent and supersede the donation policy of any City of Colleyville entity. July 19, 2011 City of Colleyville Citywide Donation Policy Page 2 of 2 Use of Donations Items may be accepted on a loan basis with the approval of the city manager. The City shall expend cash donations on materials, equipment or projects acceptable to the donor, if requested. Donated funds shall be deposited in donation fund accounts when defined, and shall not be intermingled with the General Fund or donation fund accounts of other departments, boards, commissions or committees. Items donated for exhibit will be subject to a rotation schedule established by the City, to allow opportunities for public view and to protect items on display. Proper preservation and care of donated item(s) shall be defined under stipulations. Right of Refusal The City reserves the right to refuse a donation. In a multi-item donation, items may be refused or accepted on an item-by-item basis. The donor reserves the right to withdraw the donation before formal acceptance by City Council. Reporting to City Council Donations of $1,000 and above shall be reported to the City Council on a quarterly basis. Bronze sculpture plate information: Juliana's Two Loves In Loving Memory of Juliana Sophia Stark February 2, 1955 - April 30, 2011 Susie Chisholm, Sculptor Picture of bronze sculpture “Juliana’s Two Loves” in wax City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 04/02/2013 Number Resolution R-13-3613 Type Resolution Department City Secretary Title Approval of the Colleyville Center Advisory Committee, Parks and Recreation Advisory Board, Colleyville Library Board, and Colleyville Sidewalks Committee bylaws Explanation Reading and Public Hearing In an effort to provide consistent bylaws and attendance requirements and to assist new members appointed to a board, commission, or committee, staff developed a standard template for bylaws that mirror the City Council and Planning and Zoning Commission attendance requirements. The standardized template also outlines the responsibility of each board, commission, and committee and identifies the resolution or ordinance by which the board, commission, or committee was created. Staff liaisons were asked to present the bylaws for discussion and adoption at a scheduled board, commission, or committee meeting. As the City Council creates, establishes, and appoints boards, commissions, and committees per the City Charter, (excerpt attached) and reviews the minutes of each board, commission, and committee, under the Reports section of the City Council agenda, staff is seeking City Council approval of all bylaws approved by each board, commission, and committee, as they are approved. As some boards, commissions, and committees, meet on an as needed basis only, bylaws will be attached to the Consent Agenda as they are adopted and approved by the board, commission, and committee. The Colleyville Center Advisory Committee approved the attached amended bylaws at the November 26, 2012 meeting. The Parks and Recreation Advisory Board approved the attached amended bylaws at the January 7, 2013 meeting. The Colleyville Library Board approved the attached amended bylaws at the February 11, 2013 meeting. The Colleyville Sidewalks Committee approved the attached amended bylaws at the February 26, 2013 meeting. City Council Agenda Briefing 4d City of Colleyville Page 2 Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.City Charter Excerpt 2.Colleyville Center Advisory Committee Bylaws 3.Parks and Recreation Advisory Board Bylaws 4.Colleyville Library Board Bylaws 5.Colleyville Sidewalks Committee Bylaws Section 7 .06 Department of Finance: There shall be a Department of Finance headed by the City Manager or his appointee. The City Manager may appoint a deputy director of finance who may be the City Collector of Taxes. (Amended May 7, 2005) Section 7 .07 Other Departments, Boards and Commissions: The City Council may abolish or consolidate any office or department except those created by this Charter. The City Council may divide the administration of any such departments as it may deem advisable and may create new departments. The City Council shall create, establish, or appoint, as may be required by State law, circumstances, or this Charter, those Boards, Commissions, and Committees which are deemed necessary to carry out the functions and obligations of the City. The City Council shall prescribe accountability and tenure of each Board, Commission, and Committee where such are not prescribed by State law or this Charter. ARTICLE VIII LEGAL AND JUDICIAL SERVICES Section 8.01 Municipal Court: There shall be established and maintained a court designated as a "Municipal Court in the City of Colleyville", for the trial of misdemeanor offenses, with all such powers and duties as are now or hereafter may be prescribed by State law relative to municipal courts. All fines imposed by said court shall be paid into the City Treasury for the use and benefit of the City. Section 8.02 Judge of the Municipal Court: The Judge of the Municipal Court shall be appointed by the City Council to serve at the discretion of the City Council. He shall be an attorney licensed and practicing in the State of Texas, and shall receive such salary as may be fixed by the City Council. In case of the disability or absence of the Judge of the Municipal Court, the City Council shall appoint a qualified person to act in his place. Section 8.03 Clerk of the Municipal Court: There shall be a clerk of the Municipal Court to be appointed by the City Manager. The clerk of the court and deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and generally do and perform any and all acts as usual and necessary to be performed by the clerks of courts in issuing process of said courts and conducting the business thereof. (Amended May 7, 2005) 20 City Charter Excerpt COLLEYVILLE CENTER ADVISORY COMMITTEE BYLAWS ARTICLE I – Identification and Purpose The Colleyville Community Center Advisory Committee was established by the City Council of Colleyville, Texas, by Resolution R-93-893 on June 15, 1993. The purpose of Colleyville Community Center Advisory Committee is to maximize the role of citizens in the planning, design and operation of the Community Center project and was established for a time period not to exceed one year. The Colleyville Community Center Advisory Committee’s charge was revised by the City Council of Colleyville, Texas, by Resolution R-97-1326 on October 21, 1997. The purpose of the Colleyville Community Center Advisory Committee is to -recommend policies for rental and use of the Colleyville Center including policies and procedures; fee structure; develop long range plans for the use and marketing of the Center; and provide a written report of the Committee’s activities and future plans to City Council on an annual basis. The Colleyville Community Center name was changed by City Council, by Resolution R-02- 2058 on November 19, 2002, to Colleyville Center. ARTICLE II – Membership 2.1 The Colleyville Center Advisory Committee shall consist of fourteen members (14) who shall be appointed by the City Council for a two-year term. The following civic organizations shall select a single representative from their organization to serve on the Advisory Committee for a two-year term; Colleyville Women’s Club, Colleyville Lions Club, Colleyville Garden Club, Colleyville Chapter of National Charity League, Arts Council NE and Colleyville Rotary Club. All other members of the Advisory Committee shall serve at-large. 2.2 Members shall serve without compensation and until their successors are appointed. 2.3 Members must be residents of Colleyville, Texas unless City Council waives the residency requirement. 2.4 Vacancies on the Colleyville Center Advisory Committee shall be reported to the City Secretary and will be filled with an appointment by the City Council for the length of the unexpired term. Colleyville Center Advisory Committee Bylaws 2.5 If a member of the Colleyville Center Advisory Committee fails to maintain a seventy- five percent (75%) attendance record for all regularly scheduled meetings, the Chair or staff liaison will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. ARTICLE III – Officers 3.1 The officers of the Colleyville Center Advisory Committee shall be the Chair and the Vice Chair. 3.2 The Colleyville Center Advisory Committee shall elect the Chair and Vice Chair annually, from among the members, at the next regularly scheduled meeting following City Council appointments. The Chair, shall have a minimum committee tenure of one-year, and the Vice Chair with no length of term requirement. The officers shall serve one-year terms or until a successor is elected. 3.3 In the event of resignation or incapacity of the Chair, the Vice Chair shall serve as the Chair for the unexpired portion of the term. 3.4 City staff shall take minutes of the meeting and serve as custodian of Colleyville Center Advisory Committee records. ARTICLE IV – Meetings 4.1 Regular meetings shall be held quarterly, on the second or third Monday of February, May, August and November at 5:30 p.m., at Colleyville Center. Meeting dates, times and location may be changed, as necessary. 4.2 Members unable to attend a regular meeting shall notify the Chair or staff liaison by noon of the meeting day. 4.3 A majority of the voting Colleyville Center Advisory Committee members shall constitute a quorum to conduct business of the Colleyville Center Advisory Committee. The act of the Colleyville Center Advisory Committee members present at a meeting, at which a quorum is in attendance, shall constitute the act of the Colleyville Center Advisory Committee. 4.4 Meeting agendas will be posted on the City Hall bulletin boards and the City’s web site 72 hours prior to a meeting. Approved meeting minutes will be included in City Council agenda packets under Reports. 4.5 Meeting agenda packets will be distributed to each member 72 hours prior to a meeting. Colleyville Center Advisory Committee Bylaws 4.6 The Chair shall preside at all meetings. In the absence of the Chair, the Vice Chair shall preside. 4.7 The Chair may recognize individuals wishing to speak regarding an item on the agenda. 4.8 Special meetings may be called at the request of the Chair or three members of the Colleyville Center Advisory Committee for the transaction of business. Posting and notification of meeting requirements shall apply to special meetings. 4.9 The Colleyville Center Advisory Committee may establish subcommittees as deemed appropriate. Such committees will be dissolved upon completion of the charge or task. ARTICLE V – Duties and Responsibilities 5.1 The Colleyville Center Advisory Committee acts in an advisory capacity to the City Council in all matters pertaining to Colleyville Center. 5.2 Committee members recommend policies for rental and use of the Colleyville Center including policies and procedures, and fee structure, develop long range plans for the use and marketing of the Center; and provide a written report of the Committee’s activities and future plans to City Council on an annual basis. 5.3 Committee members shall cooperate with City boards, commissions and committees, other governmental agencies, civic groups, and all citizens of the City in the advancement of the Colleyville Center. 5.4 The Colleyville Center Advisory Committee members shall sign the Acknowledgement Statement in accordance with the Colleyville City Charter, Section 14.02, Personal Financial Interest, Subsection G, Oath, which acknowledges familiarity with the referenced section and Chapter 171 of the Local Government Code pertaining to conflict of interest. 5.5 The Colleyville Center Advisory Committee member shall meet the filing requirements of The Disclosure Act. The City is required to place all Conflict Disclosure Statements submitted to the City on the City’s web site. 5.6 The Colleyville Center Advisory Committee member will take the Attorney General Texas Open Meetings Act on-line training course or obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed not later than the 90th day after the date the member takes the oath of office or otherwise assumes responsibilities as a member of the governmental body. Colleyville Center Advisory Committee Bylaws ARTICLE VI – Amendments 6.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment 72 hours prior to such meeting. Amendments must be in compliance with applicable City ordinances. Parks and Recreation Advisory Board BYLAWS ARTICLE I – Identification and Purpose The Parks and Recreation Advisory Board was established by the City Council of Colleyville, Texas, by Ordinance O-89-719 on May 12, 1989. The purpose of Parks and Recreation Advisory Board is to serve as an advisory body to the City Council on all matters pertaining to the delivery of leisure services to the citizens of Colleyville. ARTICLE II – Membership 2.1 The Parks and Recreation Advisory Board shall consist of eight (8) who shall be appointed by the City Council for a (2) year term. 2.2 Members shall serve without compensation and until their successors are appointed. 2.3 Members must be residents of Colleyville, Texas unless City Council waives the residency requirement. 2.4 Vacancies on the Parks and Recreation Advisory Board shall be reported to the City Secretary and filled by appointment of the City Council for the length of the unexpired term. 2.5 If a member of the Parks and Recreation Advisory Board fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chair or staff liaison will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position or appoint a replacement without advertising. ARTICLE III – Officers 3.1 The officers of the Parks and Recreation Advisory Board shall be the Chair and the Vice Chair. 3.2 The Parks and Recreation Advisory Board shall elect the Chair and Vice Chair from among the members annually at the first meeting in January and at such other times as these offices may become vacant. The officers shall serve one-year terms or until a successor is elected. Page 2 of 3 Parks and Recreation Board Bylaws Approved January 7, 2013 3.3 In the event of resignation or incapacity of the Chair, the Vice Chair shall serve as the Chair for the unexpired portion of the term. The office of the Chair will be a non-voting position, except in case of a tie. 3.4 City staff shall take minutes of the meeting and serve as custodian of Parks and Recreation Advisory Board records. ARTICLE IV – Meetings 4.1 Regular meetings shall be held quarterly on the first Monday of the month in the 2nd floor meeting room at the Colleyville Library located at 110 Main Street. Meeting dates, times and location may be changed as necessary. 4.2 Members unable to attend a regular meeting shall notify the Chair or staff liaison by noon of the meeting day. In the event any member of the Board is absent three consecutive meetings, a letter shall be submitted to the Mayor and City Council by the Board. 4.3 A majority of the voting Parks and Recreation Advisory Board shall constitute a quorum to conduct business of the Parks and Recreation Advisory Board. The act of the Parks and Recreation Advisory Board members, present at a meeting, at which a quorum is in attendance, shall constitute the act of the Parks and Recreation Advisory Board. 4.4 An agenda shall be prepared by the City Staff for each meeting of the Parks and Recreation Board. There shall be attached to each agenda a report of matters pending further action by the Board. An agenda will be posted in accordance with the Open Meeting Act. Meeting agendas will be posted on the City Hall bulletin boards and the City’s web site 72 hours prior to a meeting. Meeting agenda packets will be available in public documents 72 hours prior to a meeting. Approved meeting minutes will be included in City Council agenda packets under Reports. 4.5 Meeting agenda packets will be distributed to each member 72 hours prior to a meeting. 4.6 The Chair shall preside at all meetings. In the absence of the Chair, the Vice Chair shall preside. The Chair may recognize individuals wishing to speak regarding an item on the agenda. 4.7 Staff representatives shall be in attendance at Board meetings. They should participate in meetings to provide staff assistance, report and recommendations. 4.8 Special meetings may be called at the request of the Chair or two or more members of the Parks and Recreation Advisory Board or as may be scheduled by a majority of the Board at any previous meeting for the transaction of business. Posting and notification of meeting requirements shall apply to special meetings. Page 3 of 3 Parks and Recreation Board Bylaws Approved January 7, 2013 4.9 The Parks and Recreation Advisory Board may establish sub committees as deemed appropriate. Such committees will be dissolved upon completion of the charge or task. ARTICLE V – Duties and Responsibilities 5.1 The Parks and Recreation Advisory Board acts in an advisory capacity to the City Council in all matters pertaining to the delivery of leisure services to the citizens of Colleyville. 5.2 The Chair, or in his/her absence the Vice-Chair, shall preside at all meetings, shall decide all points of order or procedure. Staff representatives shall record, or cause to be recorded, accurate and complete minutes of all business proceedings. 5.3 Establish standing committees and other such committees from time to time may be deemed necessary. 5.4 The Parks and Recreation Advisory Board member will take the Attorney General Texas Open Meetings Act on-line training course, available on this link. http://www.oag.state.tx.us/open/og_training.shtml#22, or you may obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed not later than the 90th day after the date the member takes the oath of office or otherwise assumes responsibilities as a member of the governmental body. ARTICLE VI – Amendments 6.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment 72 hours prior to such meeting. Amendments must be in compliance with applicable City ordinances. COLLEYVILLE LIBRARY BOARD BYLAWS ARTICLE I – Identification and Purpose The Colleyville Library Board was established by the City Council of Colleyville, Texas, by Ordinance O-04-1466 on June 15, 2004. The purpose of the Colleyville Library Board is to act as an advisory board to the City Council relating to all nature of library facility planning and programming. ARTICLE II – Membership 2.1 The Colleyville Library Board shall consist of seven (7) members, who shall be appointed by the City Council for a two (2) year term; provided three (3) members shall be appointed each odd-numbered year and four (4) members must be appointed each even-numbered year. Places on the Board shall be numbered one (1) through seven (7). The Board shall also consist of two (2) alternates serving two-year terms. Alternates shall be numbered Alternate 1 and Alternate 2. 2.2 Members shall serve without compensation and until their successors are appointed. 2.3 Members must be residents of Colleyville, Texas unless City Council waives the residency requirement. 2.4 In the event of a vacancy on the Colleyville Library Board, Alternate 1 shall fill the unexpired term and Alternate 2 shall be appointed to serve as Alternate 1. In the event of more than one vacancy on the Board, Alternate 1 and Alternate 2 shall fill the unexpired terms. Applications shall be accepted through the City Secretary’s office for the Alternate position(s) and filled by City Council appointment for the length of the unexpired term. 2.5 The City Council, if it deems it desirable, may appoint ex-officio members to the Board. Such ex-officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall be one year from the date of appointment. Such ex-officio members shall have no voting authority. In consideration of appointment of ex-officio members to the Board, the President of the Friends of the Colleyville Public Library and the President of the Colleyville Public Library Foundation shall be appointed to serve as ex-officio members with concurrent terms of the Presidents of the Friends of the Colleyville Public Library and the Colleyville Public Library Foundation. Page 2 of 3 Colleyville Library Board Approved February 11, 2013 2.6 If a member of the Colleyville Library Board fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chair or staff liaison will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. ARTICLE III – Officers 3.1 The officers of the Colleyville Library Board shall be the Chair and the Vice Chair. 3.2 The Colleyville Library Board shall elect the Chair and Vice Chair from among the members annually. The officers shall serve one-year terms or until a successor is elected. 3.3 In the event of resignation or incapacity of the Chair, the Vice Chair shall serve as the Chair for the unexpired portion of the term. 3.4 City staff shall take minutes of the meeting and serve as custodian of Colleyville Library Board records. ARTICLE IV – Meetings 4.1 Regular meetings shall be held bi-monthly on the second Monday of the month at 6:00 p.m. at the Colleyville Public Library, located at 110 Main Street. Meeting dates, times and location may be changed as necessary. 4.2 Members unable to attend a regular meeting shall notify the Chair or staff liaison by noon of the meeting day. 4.3 A majority of the voting Colleyville Library Board members shall constitute a quorum to conduct business of the Library Board. The act of the Colleyville Library Board members, present at a meeting, at which a quorum is in attendance, shall constitute the act of the Colleyville Library Board. 4.4 Meeting agendas will be posted on the City Hall bulletin boards and the City’s web site 72 hours prior to a meeting. Meeting agenda packets will be available to the public on the City’s website 72 hours prior to a meeting. Approved meeting minutes will be included in City Council agenda packets under Reports. 4.5 Meeting agenda packets will be distributed to each member 72 hours prior to a meeting. 4.6 The Chair shall preside at all meetings. In the absence of the Chair, the Vice Chair shall preside. 4.7 The Chair may recognize individuals wishing to speak regarding an item on the agenda. Page 3 of 3 Colleyville Library Board Approved February 11, 2013 4.8 Special meetings may be called at the request of the Chair or three members of the Colleyville Library Board for the transaction of business. Posting and notification meeting requirements shall apply to special meetings. 4.9 The Colleyville Library Board may establish sub committees as deemed appropriate. Such committees will be dissolved upon completion of the charge or task. ARTICLE V – Duties and Responsibilities 5.1 The Colleyville Library Board acts in an advisory capacity to the City Council in all matters pertaining to the library facility planning and programming, including development of long range capital improvement programs. 5.2 Recommend policies for library services, and the adoption of standards for public library facilities and their financial support. 5.3 Receives requests for public funding for educational purposes of any public or private person(s), associations or business entities, and forward such requests with recommendations to City Council. 5.4 Review the annual operating budget and capital improvement requests related to library programs with the Library Director, and provide recommendations to the Director for submission to the City Manager or designee for consideration. 5.5 Cooperate with City boards, commissions, and committees, other governmental agencies, civic groups, and all citizens of the City in the advancement of sound library planning and programming. 5.6 Board members will take the Attorney General Texas Open Meetings Act on-line training course, available on this link. http://www.oag.state.tx.us/open/og_training.shtml#22, or you may obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed not later than the 90th day after the date the member takes the oath of office or otherwise assumes responsibilities as a member of the governmental body. ARTICLE VI – Amendments 6.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment 72 hours prior to such meeting. Amendments must be in compliance with applicable City ordinances. COLLEYVILLE SIDEWALKS COMMITTEE BYLAWS ARTICLE I – Identification and Purpose The Colleyville Sidewalks Committee was established by the City Council of Colleyville, Texas, by Resolution R-12-3464 on February 3, 2012. The purpose of the Colleyville Sidewalks Committee is to prioritize sidewalk improvements projects relative to connectivity, constructability, and cost and to recommend same to the Colleyville City Council. ARTICLE II – Membership 2.1 The Colleyville Sidewalks Committee shall consist of seven (7) members who shall be appointed by the City Council for a two-year term. 2.2 Members shall serve without compensation and until their successors are appointed. 2.3 Members must be residents of Colleyville, Texas unless City Council waives the residency requirement. 2.4 Vacancies on the Colleyville Sidewalks Committee shall be reported to the City Secretary and filled by appointment of the City Council for the length of the unexpired term. 2.5 If a member of the Colleyville Sidewalks Committee fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chair or staff liaison will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. ARTICLE III – Officers 3.1 The officers of the Colleyville Sidewalks Committee shall be the Chair and the Vice Chair. 3.2 The Colleyville Sidewalks Committee shall elect the Chair and Vice Chair from among the members annually. The officers shall serve one-year terms or until a successor is elected. 3.3 In the event of resignation, or incapacity of the Chair, the Vice Chair shall serve as the Chair for the unexpired portion of the term. Colleyville Sidewalks Committee Bylaws Page 2 of 3 February 26, 2013 3.4 City staff shall take minutes of the meeting and serve as custodian of the Colleyville Sidewalks Committee records. ARTICLE IV – Meetings 4.1 Regular meetings shall be held as needed at a date, time, and location to be determined by City staff. Meeting dates, times and location may be changed as necessary. 4.2 Members unable to attend a regular meeting shall notify the Chair or staff liaison by noon of the meeting day. 4.3 A majority of the voting Colleyville Sidewalks Committee members shall constitute a quorum to conduct business of the Colleyville Sidewalks Committee. The act of the Colleyville Sidewalks Committee members, present at a meeting, at which a quorum is in attendance, shall constitute the act of the Colleyville Sidewalks Committee. 4.4 An agenda shall be prepared by City staff for each meeting of the Colleyville Sidewalks Committee. There shall be attached to each agenda, a report of matters pending further action by the Committee. An agenda will be posted in accordance with the Open Meeting Act. Meeting agendas will be posted on the City Hall bulletin boards and the City’s web site 72 hours prior to a meeting. Approved meeting minutes will be included in City Council agenda packets under Reports. 4.5 Meeting agenda packets will be distributed to each member 72 hours prior to a meeting. 4.6 The Chair shall preside at all meetings. In the absence of the Chair, the Vice Chair shall preside. 4.7 The Chair may recognize individuals wishing to speak regarding an item on the agenda. 4.8 Special meetings may be called at the request of the Chair or three (3) members of the Colleyville Sidewalks Committee for the transaction of business. All posting and notification of meeting requirements shall apply to special meetings. 4.9 The Colleyville Sidewalks Committee may establish sub committees as deemed appropriate. Such committees will be dissolved upon completion of the charge or task. ARTICLE V – Duties and Responsibilities 5.1 The Colleyville Sidewalks Committee acts in an advisory capacity to the City Council in matters pertaining to sidewalk improvement projects that are reflected on the most Colleyville Sidewalks Committee Bylaws Page 3 of 3 February 26, 2013 current Supplemental Sidewalk System Map adopted by City Council; except those that are constructed under a development agreement or capital improvement project. 5.2 The Colleyville Sidewalks Committee will cooperate with all City boards, commissions, and committees, other governmental agencies, civic groups, and all citizens of the City in the advancement of making Colleyville a pedestrian friendly community. 5.3 Colleyville Sidewalks Committee members will take the Attorney General Texas Open Meetings Act on-line training course or obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed no later than the 90th day after the date the member takes the oath of office or otherwise assumes responsibilities as a member of the governmental body. ARTICLE VI – Amendments 6.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment 72 hours prior to such meeting. Amendments must be in compliance with applicable City ordinances. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 04/02/2013 Number Ordinance O-13-1869 Type Ordinance Department City Secretary Title Approval to declare unopposed candidates in the May 11, 2013, General Election elected to office and canceling the election Explanation Second Reading and Public Hearing There were no speakers regarding this item at the March 19, 2013 City Council meeting. First Reading and Public Hearing On February 5, 2013, the City Council approved the attached Resolution R-13-3593 calling a General Election to be held on May 11, 2013, for the purpose of electing a Mayor and Councilmembers to Place 1 and Place 2. According to the Texas Election Code, the deadline to file for a place on the ballot and the deadline for a write-in candidate to file declaration is March 1, 2013. In the event that no person has made a declaration of write-in candidacy and that each candidate on the ballot is unopposed for election to office, the City Secretary will certify that each candidate on the ballot is unopposed for election to office. The unopposed candidates are: · Mayor - David Kelly (incumbent) · Councilmember Place 1 - Carol Wollin (incumbent) · Councilmember Place 2 - Chuck Mogged, Jr. (unopposed candidate) Under these circumstances, Subchapter C, Chapter 2 of the Texas Election Code authorizes the City Council to declare the candidates elected to office, following the time the election results would be canvassed, and cancel the May 11, 2013, General Election. The attached proposed Ordinance O-13-1869 provides for this action. Financial Impact Canceling the election will provide for a savings of $7,000 in the Fiscal Year 2013 General Fund budget, City Secretary's Office, Line Item 6215. City Council Agenda Briefing 5a City of Colleyville Page 2 Recommendation Approve Attachments 1.Resolution R-13-3593 2.Ordinance O-13-1869 Il RESOLUTION R-13-3593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING A GENERAL ELECTION FOR MAY 11, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND CITY COUNCILMEMBERS, PLACE 1 AND PLACE 2 AND AUTHORIZING A JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION WHEREAS, the City of Colleyville, Texas, desires to conduct a General Election as set forth by the City of Colleyville Charter and Texas Election Code, Section 41.001, to be held on Saturday, May 11, 2013, at which time the voters will elect a Mayor and City Councilmembers to Place 1 and Place 2, including the conduct of early voting; and WHEREAS, all statutory and constitutional requirements for the passage of this Resolution have been adhered to, including but not limited to, the Texas Open Meetings Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT a General Election is hereby called to elect a Mayor and City Councilmembers to Place 1 and Place 2, to serve until their successors are duly elected and qualified. Such election shall be held at Bransford Elementary School, 601 Glade Road, Colleyville, Texas, on Saturday, May 11, 2013, from 7:00 a.m. to 7:00 p.m. Sec. 3. THAT if a Run-Off Election is necessary, it shall be held in compliance with the Texas Election Code and requirements of the City of Colleyville Charter. Sec. 4. THAT qualified persons for City Council may file as candidates by filing applications in the Office of the City Secretary, 100 Main Street, Colleyville, Texas, Wednesday, January 30, 2013 through Friday, March 1, 2013, Monday through Friday, from 8:00 a.m. to 5:00 p.m. 11 1 Resolution R-13-3593 Page 2 of 3 Sec. 5. THAT Steve Raborn, Tarrant County Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, is hereby appointed as Early Voting Clerk and may appoint additional deputy early voting clerks, as necessary, to properly conduct the election. Applications for ballot by mail must be received by mail no later than the close of business on Friday, May 3, 2013 (Mailing address: Tarrant County Elections, Attention: Steve Raborn, Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas, 76161-0011). Sec. 6. THAT Early Voting shall be conducted at Tarrant County's Main Early Voting location: Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111; Colleyville City Hall, 100 Main Street, Training Room, second floor, and branch offices for early voting by personal appearance shall also be established as outlined in the Election Agreement with Tarrant County Elections Administration. Sec. 7. THAT early voting shall begin on Monday, April 29, 2013, and shall end Tuesday, May 7, 2013, and the dates and times shall be as set forth below: April 29 - May 3 Monday - Friday 8:00 a.m. - 5:00 p.m. May 4 Saturday 7:00 a.m. - 7:00 p.m. May 5 Sunday 11:00 a.m. - 4:00 p.m. May 6 - 7 Monday - Tuesday 7:00 a.m. - 7:00 p.m. Sec. 8. THAT Tarrant County's voting equipment shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended. Sec. 9. THAT Tarrant County Elections Administration will assume the responsibility for the Election Officers and the Early Voting Ballot Board in accordance with the provisions of an Election Agreement for the conduct of the election on the aforesaid election date and the Mayor shall execute such Election Agreement on behalf of the City. Resolution R-13-3593 Page 3 of 3 Sec. 10. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 6 AYES, _O NAYS, AND D ABSTENTIONS, THIS THE 5TH DAY OF FEBRUARY 2013. ATTEST: CITY OF COLLEYVILLE b, 40 • Amyelley David Kelly City Secretary Mayor ORDINANCE O-13-1869 AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 11, 2013, GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, a General Election for the City of Colleyville was called for May 11, 2013, for the purpose of electing a Mayor and Councilmembers to Places 1 and 2; and WHEREAS, the City Secretary has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy and that each candidate on the ballot is unopposed for election to office, as depicted in Exhibit "A"; and WHEREAS, under these circumstances, Subchapter C, Chapter 2 of the Texas Election Code authorizes the City Council to declare the candidates elected to office and cancel the election; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including, but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following candidates, who are unopposed in the May 11, 2013, General Election, are declared elected to office and shall be issued Certificates of Election following the time the election would have been canvassed: David Kelly Mayor Carol Wollin Councilmember, Place 1 Chuck Mogged, Jr. Councilmember, Place 2 Sec. 2. THAT the May 11, 2013, General Election, for the purpose of electing a Mayor and Councilmembers to Places 1 and 2, is hereby cancelled, and the City Secretary is directed to cause a copy of this Ordinance to be posted on election day at each polling place that would have been used in the election and is Ordinance 0-13-1869 Page 2 of 2 further directed to notify the Tarrant County Elections Administration by sending a copy of this Ordinance. Sec. 3. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 19th day of March 2013. The second reading and public hearing being conducted on the 2nd of April 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ____________ day of ________________2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 04/02/2013 Number Ordinance O-13-1870 Type Ordinance Department Community Development Title Approval of amending Ordinance O-92-880 setting fees and charges for City facilities, Case GC13-006 Explanation First Reading and Public Hearing The City's tree preservation regulations are found in the attached Chapter 5-Tree Preservation in the Land Development Code. Section 5.5 states that "no person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter." Currently, the Community Development Department reviews and issues tree removal permits. However, to date, there is no fee for a tree removal permit in the fee schedule in the Code of Ordinances. Staff proposes adding a $50.00 fee for a tree removal permit to the schedule of fees found in Section Two of the Code of Ordinances. Individual residents who are removing trees from their properties would be exempt from the fee. However, the fee would apply in all other situations where trees are being removed. The $50.00 fee is based on the average amount of staff time required to perform the review and inspection for a tree removal permit. Given the amount of time and expertise required in enforcing the City's tree preservation regulations for larger developments, staff also proposes adding a section to the fee schedule that allows the City to charge developers for hiring a third party consultant to review tree surveys and, otherwise, enforce the provisions of Chapter 5- Tree Preservation in the Land Development Code for large commercial and residential projects. Staff would hire the third party consultant and then, upon invoice, send an invoice to the developer for the full cost of the service. If the developer were to not pay the invoice, punitive actions may include a stop work order, withholding of final inspections, and/or freezing future building permits. The decision of when a third party consultant would be required would be at the discretion of the Community Development Director. Financial Impact The implementation of these fees will generate an additional revenue of approximately $600.00 per year. City Council Agenda Briefing 6a City of Colleyville Page 2 Recommendation Approve Attachments 1.Chapter 5-Tree Preservation - Land Development Code 2.Ordinance O-13-1870 Chapter 5 Tree Preservation (11/04/2009) Section 5.1 Purpose of This Chapter The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal Permit No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. Page 5-1 Section 5.6 Applicability The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: A. Properties which are regulated by this Chapter: 1. Any real property upon which any protected tree is located. 2. Any property for which a final plat has not been submitted on the date of this Chapter. 3. Any property for which construction plans have not been submitted on the effective date of this Chapter. 4. All municipal / public domain property. Section 5.7 Submittal, Review and Approval Process and Administrative Procedures The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a tree removal permit has been issued. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville in the amount established by the schedule of fees approved by the City Council. C. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the Administrative Official. E. Any tree removal permit request that requires the removal of a protected tree shall be accompanied by a tree preservation plan. F. The items required on a tree preservation plan shall include but not be necessarily limited to: 1. Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, Page 5-2 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. 5. Proposed general areas or locations of the replacement trees. 6. Locations of all critical root zones as defined in Chapter 2 - Definitions. G. Tree information required shall be summarized in tabular form on the preservation plan (see example below) and shall include: 1. The list of trees to be removed. 2. The total diameter of trees to be removed. 3. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.13 for replacement tree list.) Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan Tree Species Number of Trees on Site Total Caliper Inches Number of Exempt Trees Removed Caliper Inches Exempt to be Removed Number of Non- Exempt Trees Removed Caliper Inches Non- Exempt to be Removed Replacement Trees to be Planted (3" Caliper) Red Oak 12 108 3 42 1 12 4 Post Oak 35 350 18 168 2 24 8 Cedar 10 89 1 12 0 0 0 Pecan 5 75 0 0 5 75 25 TOTAL 62 622 22 222 8 111 37 H. Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. (See Section 5.12) I. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal permit may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission shall be final. J. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void ninety (90) days after the issue date on the permit. Page 5-3 Section 5.8 Tree Preservation Requirements A. Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Existing Tree Coverage Preservation Requirements: Percentage of existing protected tree coverage Minimum percentage of the existing protected tree coverage to be preserved 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% Protected trees located within any of the exempted areas specified in section C below may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. NOTE: The minimum preservation coverage requirements listed above may not be mitigated for as described in Section 5.10. B. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions, may not be classified as exempted trees, regardless of whether or not they are located in an exempted area as defined in the sections below. C. Exempted Areas, Persons and Tree Species from preservation requirements: 1. New Residential Subdivisions with Street Dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Rights-of-way of newly dedicated streets Page 5-4 b. Easements c. Residential setback envelope d. NOTE: When submitting a new residential subdivision plat, the Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater tree preservation. In the event such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. If, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's application. 2. Platted Residential Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Residential setback envelope 3. Platted Commercial Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Trees located within the new commercial building footprint. 4. Exempted Tree Species: The following tree species shall be exempt from the tree preservation requirements of this chapter: a. Mesquite b. Hackberry c. Chinese Tallow 5. Exempted Persons: The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from the provisions shall not be required to obtain tree removal permits. a. An employee of the City of Colleyville, a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. b. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. c. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. d. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. Page 5-5 e. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. f. The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in non-exempt areas. (1) A person performing work authorized by a building permit in the residential buildable area. (2) A person performing work authorized by an approved site plan in the commercial building footprint. (3) A person performing work authorized by the approved grading and drainage plan in the residential setback envelope. (4) An employee of the City of Colleyville, a public utility or a person performing work authorized by an approved subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement. Section 5.9 Tree Protection A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the critical root zone of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any tree. 2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the critical root zone of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the critical root zone of trees. B. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4’) or more such that the tape is visible to workers on foot or driving equipment. 2. Protective Fencing: All protected trees shall have protective fencing located at the tree's critical root zone. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with a four- Page 5-6 foot (4’) approximate height. The protective fencing may be located within the critical root zone of the specimen tree for approved construction only. The fencing shall follow the delineation of the approved construction. In order to protect the trunk, the trunks of all protected trees shall be wrapped with orange vinyl construction fencing such that the trunk will be easily visible during construction activities. 3. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone, as defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. 1. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2”) shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's critical root zone. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48”). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. Page 5-7 Section 5.10 Mitigation and Violations Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than 50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per the requirements of this section. In the event that the loss of a protected tree requires mitigation, the party responsible for mitigation shall either replace the protected tree(s) by planting new trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees removed within any City right-of-way or other City owned property by anyone not exempted by Section 5.8(C)5 shall be mitigated per the requirements of this section and other applicable City ordinances. The mitigation authorized by this section is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees six inches (6”) or greater and slated for removal. 1. Replacement trees shall be a minimum of three inches (3”) diameter when measured one foot (1’) above the soil line and a minimum of eight feet (8’) in height when planted. Examples- a. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter trees. b. A total of 19” diameter to be removed shall be replaced with 7 – 3” trees or 5 – 3”, trees and 1-4” tree. 2. All replacement trees shall be a species listed on the replacement tree list and guaranteed for one year from the date of the final inspection and acceptance of the project. 3. The location of replacement trees is restricted from utility easements and rights-of- way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10’) of a fire hydrant. 4. Replacement trees should be planted on the site from which existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off- site. This may be approved if the planting site is no more than one-half mile from the site where the original trees were removed. 5. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacement tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost. B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All mitigation fees shall be deposited into the City’s Tree Preservation Fund. Page 5-8 C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and noted in Section 5.8: 1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or damaged shall be assessed and paid to the City of Colleyville and deposited into the City’s Tree Preservation Fund, or; 2. If replacement trees are to be planted, the total amount of replacement inches to be planted shall be in an amount that is twice the diameter inches of the Heritage Tree(s) removed and shall, otherwise, meet the requirements of Section A above. D. Colleyville Tree Preservation Fund: All mitigation fees shall be paid into the Colleyville Tree Preservation Fund. The fund shall be administered by the City Manager or his/her designee and shall only be used for the planting of new trees on City owned or leased properties, rights-of-way and other public properties such as public schools, county and State properties located within the City of Colleyville. E. Penalty for Violation: Any person violating or failing to comply with any provision or requirement of this Chapter, including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. F. If any protected tree dies within three (3) years of the issuance of the certificate of occupancy, final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee, the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section. Section 5.11 Replacement Tree List The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. REPLACEMENT TREE LIST SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM EASTERN RED CEDAR DESERT WILLOW BUR OAK LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR YAUPON HOLLY LACEY OAK EASTERN RED CEDAR MEXICAN BUCKEYE EVE'S NECKLACE NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD OKLAHOMA REDBUD GINKGO BILOBA Page 5-9 SAVANNAH HOLLY LACEBARK ELM SUMAC LITTLE GEM MAGNOLIA TEXAS MOUNTAIN LAUREL LIVE OAK VITEX PECAN WAX MYRTLE PERSIMMON YAUPON HOLLY SHANTUNG MAPLE SHUMARD RED OAK SOUTHERN MAGNOLIA Section 5.12 Construction Plan Requirements The following notes shall be required as a part of all construction plans. 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or critical root zone. The fence will be maintained throughout the construction project in order to prevent the following. A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. B. Critical root zone disturbances due to grade changes greater than two inches (2”) cut or fill or boring which was not authorized by the City. C. Wounds to the trunk, limbs or exposed roots by mechanical equipment. D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4’), the trunk must be protected with strapped-on planking to a height of eight feet (8’) or to the limits of the lower branching. 4. All grading within critical root zones of protected trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2’) behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Page 5-10 Section 5.13 Amendments Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant Page 5-11 ORDINANCE O-13-1870 AN ORDINANCE AMENDING ORDINANCE O-92-880, WHICH SETS FEES AND CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance O-92-880 and it is desirous to update and add to those fees; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all 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 from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be revised with the following revisions: Tree Removal Permit $50.00 The resident of a single family home removing all or a portion of a tree which exists on the lot of record on which the single family home is built is hereby exempt from this fee. If necessary, the costs for retaining an independent inspection service shall be in addition to the tree removal permit fee and shall be billed on a monthly basis to the holder of the tree removal permit. If payment is not received by the City within forty-five (45) days from the billing date, all existing permits issued by the City related to the property for which the permit was issued may be placed on hold including any final inspections and future building permits. Ordinance O-13-1870 Page 2 of 2 Sec. 3. THAT the effective date of this ordinance shall be upon passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of April 2013. The second reading and public hearing being conducted on the 16th day of April 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 04/02/2013 Number Ordinance O-13-1871 Type Ordinance Department Community Development Title Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 Explanation First Reading and Public Hearing The purpose of this item is to consider amendments to Chapter 3-Land Use in the Land Development Code related to portable storage structures and to screening requirements. At the November 20, 2012 Pre Council meeting, staff presented to the City Council the results of a survey of the cities that surround Colleyville (attached) concerning their screening standards. The City Council directed staff to propose amendments to City's screening standards and bring forward the amendments for consideration at a future City Council meeting. In addition to amendments to the screening standards, staff also proposes adding regulations to Chapter 3 concerning portable storage structures. These are commonly marketed as "PODS" and are utilized for temporary storage, mainly during move-in or move-out. The following is a breakdown of the proposed amendments: Section 3.24(C) - Special Land Use Standards Staff proposes adding a new sub-section that creates regulations for portable storage structures. These are utilized by both commercial and residential customers to store personal items either for moving or for other reasons such as remodeling or carpet cleaning. There are currently no regulations in Colleyville that address these types of structures. As such, staff conducted a survey of several local cities (attached) and received responses from four cities. Staff also researched cities at the national level. Based on staff research, the following are the proposed regulations for portable storage structures: "19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like container or other portable structure, other than an accessory building complying with all building codes and Land Development Code requirements, that can or is used for the storage of personal property of any kind and which is City Council Agenda Briefing 6b City of Colleyville Page 2 located for such purposes outside an enclosed building. The use of portable storage structures are allowed under the following conditions: a. A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure. (This allows staff to be able to track how long the structure has been on the property.) b. There shall be no more than one (1) portable storage structure per property. c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. d. A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. e. The portable storage structure must be set back a minimum of five (5) feet from all property lines. f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall of a building. g. The portable storage structure must be placed on an asphalt or concrete surface. h. The portable storage structure shall not be placed upon any street or within any rights-of-way. i. Portable storage structures associated with construction at a site where a building permit has been issued, are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions. j. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code." These proposed regulations are attached in mark-up format as well as Exhibit A in the proposed ordinance. Section 3.26 - Fences, Free Standing Walls and Screening Materials Based on discussion at the November 20, 2012 Pre Council meeting, staff proposes to require masonry walls as screening elements between residential and commercial properties where currently both wood or masonry is permitted. Staff also proposes City Council Agenda Briefing 6b City of Colleyville Page 3 adding more detailed screening requirements for garbage, compacting, and recycling containers used for multifamily, mixed-use, institutional, and commercial properties. The following is a detailed breakdown of the proposed amendments: Section 3.26(C)1 and 2 - the term "decorative masonry wall" has been inserted in place of "screening elements and fences" and a "wood or masonry" option. Section 3.26(C)3 - this is a new sub-section regulating garbage and recycling containers and reads as follows: "3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the building permit for the primary structure was issued on or after April 17, 2013: a. All containers shall be fully enclosed by a decorative masonry wall. b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d. The gate shall be composed of solid metal and shall be of a color that matches or compliments the masonry wall. e. The gate shall remain closed at all times. Exception: gates for recycling bins that are accessible to the public may remain open provided all recycling material is completely stored within the container. f. Where possible, gates shall be oriented away from the view of any roadway traffic. g. All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non- multifamily residential purposes. h. Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties where the building permit for the primary structure was issued before April 17, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt from the other provisions of this section. However, loss of any legal-nonconforming status for any property and/or City Council Agenda Briefing 6b City of Colleyville Page 4 building as described in Section 3.7 in the Land Development Code shall require full compliance with this section. i. All enclosures, including gates, shall be maintained in good condition by the property owner." This section repeals all existing references to screening of garbage containers and replaces it with the language above. As mentioned in the proposed language above, these regulations would only apply to properties where the building permit for the primary structure was issued before April 17, 2013. For structures where the permit was issued prior to this date, a wood or masonry enclosure will suffice provided the building and/or property does not lose any legal non-conforming status. With regard to subsection "e" above, IESI charges a monthly fee of $9.07 in addition to the commercial dumpster fee to commercial customers for any enclosures that contain locks or gates. This fee is included in their rate sheet that was approved by the city in 2011. Staff also recommends allowing recycling bins that are open to the public to leave the gates open so that they can be seen by the public for the purpose of promoting recycling. These bins typically contain advertising for their use by the public. Section 3.26(C)13 - this is a new sub-section that specifically addresses pre-formed concrete fences and reads as follows: "13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to the intent of these regulations." Section 3.26(D)1(a) - this amends the existing sub-section by clarifying that concrete masonry unit (CMU) and poured in place concrete fences must have an architectural finish. The purpose of this amendment is to avoid a cinder block or a flat, unfinished concrete fence. The amendments to Section 3.26 are attached mark-up format as well as Exhibit B in the proposed ordinance. Planning & Zoning Commission Recommendation. The Planning & Zoning Commission recommended approval of the item at the March 25, 2013 meeting by a vote of (5-2) subject to the following conditions: City Council Agenda Briefing 6b City of Colleyville Page 5 Recommended changes to Section 3.24(C) - Special Land Use Standards: 19(a): "A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure after the portable storage structure has been at a location in excess of seven calendar days." 19(e): "The portable storage structure must be set back a minimum of five (5) feet from all property lines unless the structure is located on a driveway that is located closer than five feet to the property line." 19(g): "The portable storage structure must be placed on an asphalt, concrete or gravel surface." The Planning & Zoning Commission recommended that the fee for a portable storage structure should not exceed $10.00. Recommended changes to Section 3.26 - Fences, Free Standing Walls and Screening Materials (C)13 "Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to the intent of these regulations. Cementious fiber board shall not be considered an approved masonry material for the purpose of this section." The above changes have not been added to proposed Ordinance O-13-1871. Financial Impact There is no fiscal impact to the City. Recommendation Approve Attachments 1.City Comparison Matrix of Portable Storage Structures 2.City Comparison Matrix of Screening Standards 3.Proposed Changes to Section 3.24(C) of the Land Development Code 4.Proposed Changes to Section 3.26 of the Land Development Code 5.Ordinance O-13-1871 City Duration Placement Max Size Number Misc. Fort Worth Maximum of 30 days unless associated with an unexpired building permit, which may be allowed up to 180 days or the duration of the building permit, whichever is less Only on a permanantly paved driving or parking surface if in the front yard of a single family residence or two-family residence; May not encroach into the street right of way n/a n/a n/a Bedford 60 days, with an additional 60 days allowed by administrative approval by the Building Official, or when being used in connection with a current building permit; The ZBA may grant approval for a period exceeding 120 days May be placed on a driveway in the front yard, and may encroach into the front yard or side yard setbacks, as long as the placement does not obstruct visibility; Must maintain a minimum separation of at least 5 feet from any building or structure; Cannot encroach into a sidewalk, firelane, access easement, or street right-of-way 10' x 10' x 20' maximum unless approved 1 Permit required for each storage contatiner; Not to be stacked; Not allowed on properties that do not have a primary use; Shall be painted and in good condition and appearance Keller 2 weeks without a permit; After that, must apply for an accessory building permit Must adhere to all setback restrictions of base zoning disrict; Not allowed in easement areas or alleys; allowed to be a minimum of 5 feet from side and rear property lines Not to exceed 10 feet in height; Must be 120 square feet or less No more than 2 and must be separated by a distance of not less than 10 feet n/a Grapevine Containers to be picked up or dropped off by self-storage services shall be visable for a period not to exceed 72 consecutive hours, and not more than 2 instances during any 30 day period Not allowed to be placed within a public right of way n/a n/a n/a Colleyville Proposed 30 Days upon issuance of a temporary use permit Paved surface only; 5 feet from property line or any other structures; Not allowed to be placed within a public right of way 10' x 10' x 20' maximum One n/a City Comparison Matrix of Portable Storage Structures Grapevine Euless Bedford Hurst North Richland Hills Keller Southlake Colleyville Current Colleyville Proposed Screening required between non- residential and residential Properties? Yes Yes Yes Yes Yes Yes Yes Yes Yes Screening Type Fence, Wall, Earthen Berm Fence, Wall, Shrubs Wall Wall Wall Wall Fence, Wall Fence, Wall Wall Screening Materials Allowed Wood, Masonry, Concrete, Dirt Berm Wood, Masonry, Chain link with slats, Ribbed Metal Panel Masonry only Brick or Decorative Masonry Masonry wall consistent with exterior wall material on main building Masonry Wood, Masonry, Concrete, Decorative Metal Wood, Masonry Masonry Minimum Screening Height 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 8 feet 8 feet 8 feet Maintenance Responsibility Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Other Items of Interest Screening requirements vary based on zoning districts Screening requirements vary based on zoning districts Provision for escrow in lieu of wall construction next to vacant lots zoned for residential uses Institutional Uses in Residentially Zoned Districts not required to Provide Screening n/a n/a n/a n/a n/a Screening Required?Yes Yes Yes Yes Yes Yes Yes Yes Yes Screening Materials Allowed Wood or Masonry Masonry Masonry Masonry Masonry Masonry Wood, Masonry or Landscaped Not Specified Masonry Minimum Screening Height 1 foot above the bin height 6 feet 6 feet 8 feet 6 feet 1 foot above the bin height 6 feet 6 feet 1 foot above the bin height; or six feet, whichever is greater Gate Type n/a n/a n/a Wood or Metal Metal n/a Metal n/a Durable Metal Garbage and Recycling Bin Screening Standards for Non-Residential Uses City Comparison Matrix of Screening Standards Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 C. Special Land Use Standards – The following Special Land Use: Standards, which are referenced in the Special Land Use Standards column of Table 3.24.B, Schedule of Permitted Principal Uses, refer to additional standards and requirements that are applicable to the listed land use. 1. Bed and Breakfast – a Certificate of Occupancy (C.O.) is required prior to occupancy of the premises as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the structure is in compliance with all applicable current codes and ordinances of the City of Colleyville and the following additional conditions: a. The structure is structurally sound. b. There are no clear and present dangers as to fire and fire safety. c. The plumbing is in compliance with the currently adopted code requirements for the zoning district in which it is located. d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning district in which it is located. e. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto. f. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the establishment name. g. Off-street parking shall be located behind the front building line of the structure and shall be screened from public view, and shall be provided in the following manner: one space per bedroom offered for temporary rental in addition to that required for the zoning district in which it is located. h. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the total floor area of the dwelling. Also, in order to continue operation: i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this Section. ii. Food service shall comply with all provisions of the City Code. iii. The structure shall comply with all current City Codes, including, but not limited to Building Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from time to time be adopted. ix. The length of stay for any guest is limited to fifteen (15) consecutive days. 2. Assisted Living Facilities – A facility operated under a certificate of compliance document issued by the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance or supervision are provided for a period of at least 14 days for four or more aged adults who do not require hospitalization or skilled or intermediate nursing care. 3. Telecommunication Towers – Construction shall be of monopole design only; and a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall be not less than two (2) times the height of the tower; and b. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and c. a minimum of one paved parking space shall be provided at the site of the structure. 4. Veterinarian Clinic with indoor kennels – A facility containing indoor kennels shall be subject to the following conditions. a. The entire business must be conducted within a soundproofed building. Noise and odors created by activities within the building shall not be discernible beyond the property line. b. No animals shall be kept outside the building. 5. Medical and veterinary clinics – Outpatient services only. 6. Archery & firearm ranges – An SUP required in every zoning district, except CN & CC, for sales activity over 9 mo. per year. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size. For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of fifty (50) seats. (O-04-1454 / 4-16-04) (O-05-1538 / 09/06/05) 8. Home Occupation Uses: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building. d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. f. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels and other such activities. 9. Private (HOA) Recreational Facilities – Buildings or structures in which members of a neighborhood association may gather for social, educational or cultural activities that are intended to serve the site occupants and guests thereof. 10. Emergency Clinics – Outpatient services only. 11. Livestock Raising and Breeding – A Special Use Permit is required for swine farming. 12. Alcoholic Beverage and Package Store Sales – A Special Use Permit is required for the sale of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales. 13. Vehicle Repair – Vehicle repair, including the repair of other motorized vehicles, are permitted in accordance with the Schedule of Permitted Uses, subject to the following conditions. a. All repairs and servicing shall be conducted within an enclosed building. b. A business that conducts vehicle repair and is located on property adjacent to a residential use shall provide a six-foot tall solid screen along the property line adjacent to the residential use. c. Except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that have been accepted for repair or servicing shall be parked/stored outside after regular business hours. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 d. Wrecked or dismantled vehicles waiting for repair shall not be visible from the street and shall be stored in an enclosed building or within a completely enclosed area behind a six-foot tall solid screening fence. 14. Servants or Caretaker Quarters – Servants quarters for domestic servants employed on the premises or family members provided the gross habitable square feet of floor area shall not exceed six-hundred (600’) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety, and occupancy in conformance with other applicable City codes and ordinances. 15. Day Care Centers – A facility operated with a state license for the purpose of providing care, protection and guidance to more than twelve children under the age of fourteen years of age for less than a 24-hour period. This term does not include kindergartens and public and private educational facilities or any facility offering care to individuals for a full 24-hour period. 16. Grocery Stores – A special use permit is required for the use of gasoline pumps in conjunction with a grocery store. 17. Billiard Parlor – Compliance with Chapter 10 of the Code of Ordinances is required for a Billiard Parlor. 18. Wind Driven Generators – No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site returned to its prior condition, at the expense of the property owner. 19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like container or other portable structure, other than an accessory building complying with all building codes and Land Development Code requirements, that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. The use of portable storage structures are allowed under the following conditions: a. A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure. b. There shall be no more than one (1) portable storage structure per property. c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 d. A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. e. The portable storage structure must be set back a minimum of five (5) feet from all property lines. f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall of a building. g. The portable storage structure must be placed on an asphalt or concrete surface. h. The portable storage structure shall not be placed upon any street or within any rights-of-way. i. Portable storage structures associated with construction at a site where a building permit has been issued, are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions. j. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 1 Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope 1. This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 – Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Requirements/Prohibitions for all Fences and Fee-standing Walls 1. Screening Required in Residential Districts: a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with a decorative masonry wall screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any non-residential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with a decorative masonry wall screening elements and fences of not less than (8) feet in height or a landscaped berm. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet in height or a landscaped berm.. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. cd. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a solid fencea decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence shall consist of wood or masonry materials, or a combination thereof. Proposed Changes to Chapter 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. cd. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material. de. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. ef. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f. All required screening between residential and commercial, institutional, multifamily and moble home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and moble home use. 3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the building permit for the primary structure was issued on or after April 17, 2013: a. All containers shall be fully enclosed by a decorative masonry wall. b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d. The gate shall be composed of solid metal and shall be of a color that matches or compliments the masonry wall. e. The gate shall remain closed at all times. Exception: gates for recycling bins that are accessible to the public may remain open provided all recycling material is completely stored within the container. f. Where possible, gates shall be oriented away from the view of any roadway traffic. g. All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non-multifamily residential purposes. h. Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties where the building permit for the primary structure was issued before April 17, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt from the other provisions of this section. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 in the Land Development Code shall require full compliance with this section. i. All enclosures, including gates, shall be maintained in good condition by the property owner. Proposed Changes to Chapter 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 43. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit “3-1”. Exhibit “3-1” Obstructions Prohibited 54. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit “3-2”. Exhibit “3-2” Visibility Triangle 65. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 76. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 87. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 98. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit “3-3”. Proposed Changes to Chapter 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 Exhibit “3-3” Property Owner’s Responsibility 109. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 110. Floodway Permit Required: The construction of a fence or wall in a floodway as shown on the most recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 121. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self- closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. 13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to these regulations. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the primary structurehome faces. a. The primary fencing material shall be of wrought iron, pre-formedcast concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b. On a corner lot, a house shall be deemed to face on that street on which it has it's least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five Proposed Changes to Chapter 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the property line, except on any lot having either a required side yard less than fifteen (15’) feet or an existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15’) from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3’) from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph “1.a” above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit “3-4”. Exhibit “3-4” Typical 15’-0” Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph “1.a” above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the Proposed Changes to Chapter 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 6 immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit “3-4”. E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit “A”.: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. F. Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit - Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. Proposed Changes to Chapter 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 7 g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Proposed Changes to Chapter 3.26 of the Land Development Code ORDINANCE O-13-1871 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24(C) – SPECIAL LAND USE STANDARDS AND, SECTION 3.26 – FENCES, FREE STANDING WALLS AND SCREENING MATERIALS OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend certain portion of the Land Development by adding a section regulating portable storage structures and by amending the general screening requirements; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. 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 Chapter 3 Land Use, SECTION 3.24(C) – SPECIAL LAND USE STANDARDS of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “A”. Sec. 3. THAT Chapter 3 Land Use, SECTION 3.26 – FENCES, FREE STANDING WALLS AND SCREENING MATERIALS of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “B”. 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 Ordinance O-13-1871 Page 2 of 2 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. 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 this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of April 2013. The second reading and public hearing being conducted on the 16th day of April 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 C. Special Land Use Standards – The following Special Land Use: Standards, which are referenced in the Special Land Use Standards column of Table 3.24.B, Schedule of Permitted Principal Uses, refer to additional standards and requirements that are applicable to the listed land use. 1. Bed and Breakfast – a Certificate of Occupancy (C.O.) is required prior to occupancy of the premises as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the structure is in compliance with all applicable current codes and ordinances of the City of Colleyville and the following additional conditions: a. The structure is structurally sound. b. There are no clear and present dangers as to fire and fire safety. c. The plumbing is in compliance with the currently adopted code requirements for the zoning district in which it is located. d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning district in which it is located. e. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto. f. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the establishment name. g. Off-street parking shall be located behind the front building line of the structure and shall be screened from public view, and shall be provided in the following manner: one space per bedroom offered for temporary rental in addition to that required for the zoning district in which it is located. h. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the total floor area of the dwelling. Also, in order to continue operation: i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this Section. ii. Food service shall comply with all provisions of the City Code. iii. The structure shall comply with all current City Codes, including, but not limited to Building Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from time to time be adopted. ix. The length of stay for any guest is limited to fifteen (15) consecutive days. 2. Assisted Living Facilities – A facility operated under a certificate of compliance document issued by the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance or supervision are provided for a period of at least 14 days for four or more aged adults who do not require hospitalization or skilled or intermediate nursing care. 3. Telecommunication Towers – Construction shall be of monopole design only; and a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall be not less than two (2) times the height of the tower; and b. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and c. a minimum of one paved parking space shall be provided at the site of the structure. 4. Veterinarian Clinic with indoor kennels – A facility containing indoor kennels shall be subject to the following conditions. a. The entire business must be conducted within a soundproofed building. Noise and odors created by activities within the building shall not be discernible beyond the property line. b. No animals shall be kept outside the building. 5. Medical and veterinary clinics – Outpatient services only. 6. Archery & firearm ranges – An SUP required in every zoning district, except CN & CC, for sales activity over 9 mo. per year. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size. For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of fifty (50) seats. (O-04-1454 / 4-16-04) (O-05-1538 / 09/06/05) 8. Home Occupation Uses: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building. d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. f. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels and other such activities. 9. Private (HOA) Recreational Facilities – Buildings or structures in which members of a neighborhood association may gather for social, educational or cultural activities that are intended to serve the site occupants and guests thereof. 10. Emergency Clinics – Outpatient services only. 11. Livestock Raising and Breeding – A Special Use Permit is required for swine farming. 12. Alcoholic Beverage and Package Store Sales – A Special Use Permit is required for the sale of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales. 13. Vehicle Repair – Vehicle repair, including the repair of other motorized vehicles, are permitted in accordance with the Schedule of Permitted Uses, subject to the following conditions. a. All repairs and servicing shall be conducted within an enclosed building. b. A business that conducts vehicle repair and is located on property adjacent to a residential use shall provide a six-foot tall solid screen along the property line adjacent to the residential use. c. Except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that have been accepted for repair or servicing shall be parked/stored outside after regular business hours. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 d. Wrecked or dismantled vehicles waiting for repair shall not be visible from the street and shall be stored in an enclosed building or within a completely enclosed area behind a six-foot tall solid screening fence. 14. Servants or Caretaker Quarters – Servants quarters for domestic servants employed on the premises or family members provided the gross habitable square feet of floor area shall not exceed six-hundred (600’) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety, and occupancy in conformance with other applicable City codes and ordinances. 15. Day Care Centers – A facility operated with a state license for the purpose of providing care, protection and guidance to more than twelve children under the age of fourteen years of age for less than a 24-hour period. This term does not include kindergartens and public and private educational facilities or any facility offering care to individuals for a full 24-hour period. 16. Grocery Stores – A special use permit is required for the use of gasoline pumps in conjunction with a grocery store. 17. Billiard Parlor – Compliance with Chapter 10 of the Code of Ordinances is required for a Billiard Parlor. 18. Wind Driven Generators – No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site returned to its prior condition, at the expense of the property owner. 19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like container or other portable structure, other than an accessory building complying with all building codes and Land Development Code requirements, that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. The use of portable storage structures are allowed under the following conditions: a. A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure. b. There shall be no more than one (1) portable storage structure per property. c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 d. A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. e. The portable storage structure must be set back a minimum of five (5) feet from all property lines. f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall of a building. g. The portable storage structure must be placed on an asphalt or concrete surface. h. The portable storage structure shall not be placed upon any street or within any rights-of-way. i. Portable storage structures associated with construction at a site where a building permit has been issued, are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions. j. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 1 Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope 1. This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 – Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Requirements/Prohibitions for all Fences and Fee-standing Walls 1. Screening Required in Residential Districts: a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with a decorative masonry wall of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off- street loading areas of any non-residential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with a decorative masonry wall of not less than (8) feet in height or a landscaped berm . b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet in height or a landscaped berm. c. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. In all districts where open storage is permitted and the screening thereof is required, then such Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material d. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. e. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f. All required screening between residential and commercial, institutional, multifamily and moble home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and moble home use. 3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the building permit for the primary structure was issued on or after April 17, 2013: a. All containers shall be fully enclosed by a decorative masonry wall. b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d. The gate shall be composed of solid metal and shall be of a color that matches or compliments the masonry wall. e. The gate shall remain closed at all times. Exception: gates for recycling bins that are accessible to the public may remain open provided all recycling material is completely stored within the container. f. Where possible, gates shall be oriented away from the view of any roadway traffic. g. All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non-multifamily residential purposes. h. Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties where the building permit for the primary structure was issued before April 17, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt from the other provisions of this section. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 in the Land Development Code shall require full compliance with this section. i. All enclosures, including gates, shall be maintained in good condition by the property owner. 4. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit “3-1”. Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 Exhibit “3-1” Obstructions Prohibited 5. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit “3-2”. Exhibit “3-2” Visibility Triangle 6. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 7. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 8. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 9. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit “3-3”. Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 Exhibit “3-3” Property Owner’s Responsibility 10. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 11. Floodway Permit Required: The construction of a fence or wall in a floodway as shown on the most recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 12. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. 13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to these regulations. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the primary structurefaces. a. The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b. On a corner lot, a house shall be deemed to face on that street on which it has it's least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the property line, except on any lot having either a required side yard less than fifteen (15’) feet or an existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15’) from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3’) from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph “1.a” above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit “3-4”. Exhibit “3-4” Typical 15’-0” Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph “1.a” above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 6 immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit “3-4”. E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit “A”.: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. F. Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit - Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 7 g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Exhibit "B" City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7a Agenda Date 04/02/2013 Number Resolution R-13-3614 Type Resolution Department City Manager Title Approval of a resolution re-authorizing the conveyance of Lot 42 in the Village at Colleyville Explanation Reading and Public Hearing On December 19, 2000, City Council approved attached Resolution R-00-1745, approving the conveyance of City-owned Lot 42 in the Village at Colleyville to Village Monticello Partners, LTD. (VMP), in exchange for VMP-owned Lot 14, the present site of the library. The conveyance for Lot 42 was not correctly filed by VMP at Tarrant County, due to a procedural error. In order for the conveyance for Lot 42 to be consummated, the attached Resolution R-13-3614 re-authorizing the conveyance to VMP is proposed. As a point of reference, the City has held title to Lot 14, since the time of the original conveyance. Financial Impact There is no financial impact to the City. All costs associated with the conveyance will be borne by Village Monticello Partners LTD. Recommendation Approve Attachments 1.Resolution R-00-1745 2.Resolution R-13-3614 RESOLUTION R-13-3614 A RESOLUTION RE-AUTHORIZING THE CONVEYANCE OF LOT 42 IN THE VILLAGE AT COLLEYVILLE AND AUTHORIZE THE MAYOR TO EXECUTE THE TRANSACTION WHEREAS,City Council approved Resolution R-00-1745 on December 19, 2000, authorizing the exchange of City owned land Lot 42, Village at Colleyville for Lot 14, Village at Colleyville, owned by Village Monticello Partners LTD (“VMP”); and WHEREAS,VMP, or its successors, have had equitable use of Lot 42 since at least January 23, 2001; and WHEREAS,VMP failed to properly record the Deed for the conveyance of Lot 42; and WHEREAS,South Quorum Acquisitions, LLC (“SQA”) is the successor in interest to VMP as to Lot 42; and WHEREAS,SQA has asked the City to reaffirm the conveyance of Lot 42. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Mayor is authorized to sign a Quitclaim Deed for Lot 42 subject to and conditioned upon all property taxes for the 2001 tax year and all previous and subsequent years on the property being paid, including all rollback taxes for Lot 42, as if Lot 42 had been held by VMP or its successor from the 2001 tax year. Sec. 2.THAT this Resolution shall be effective upon adoption. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS ON THIS THE 2ND DAY OF APRIL 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7b Agenda Date 04/02/2013 Number Resolution R-13-3615 Type Resolution Department Public Works Title Approval of a construction contract with P & E Contractors, Inc., for Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation – Phase 2, in an amount not to exceed $3,560,188.50, and authorize the city manager to execute the contract Explanation Reading and Public Hearing The Texas Department of Transportation (TxDOT) requires that City water and sanitary sewer lines and franchised utilities be relocated from existing locations if they are in conflict with the future Colleyville Boulevard (SH26) alignment and reconstruction. The new locations for these utilities will be either in the future Colleyville Boulevard (SH26) parkway or in easements outside of the proposed right-of-way, as no utilities will be allowed under the future pavement. This requirement will allow the highway to remain undisturbed as the utilities require maintenance and repairs. The City of Colleyville entered into an agreement with Teague, Nall & Perkins for the design of the required utility relocations in 2005. On March 22, 2011, City Council approved an amendment to the professional services agreement with Teague, Nall & Perkins, that provided for the separation of the existing plans into multiple phases. The amendment allows the City to perform the utility relocations in sections as the roadway project progresses through each phase. The contract for the next phase of construction (Phase 2) includes the relocation of water and sanitary sewer lines along Colleyville Boulevard (SH26), from John McCain Road to Centerpark Drive. The utility relocations are necessary due to the second phase of road construction, which is currently anticipated to run from John McCain Road to Hall-Johnson Road. The southern limit of utility relocation is extended to Centerpark Drive to allow flexibility in the limits of the next phase of road construction. The water and sanitary sewer improvements will include the installation of approximately 21,000 linear feet of 10”-12” water line and approximately 4,000 linear feet of 6”-12” sanitary sewer line along Colleyville Boulevard (SH26). Utility relocation improvements are shown on Exhibit "1", where new water lines are shown in blue and new sanitary sewer lines are shown in red. Construction for the water and sanitary sewer relocation project is anticipated to begin May 2013. Construction let date for the next phase of road improvements is currently estimated to be late 2014. Relocation of all utilities within the project limits must be completed prior to the construction let date for road improvements. City Council Agenda Briefing 7b City of Colleyville Page 2 Bids for this project were received and opened by staff on March 19, 2013. A total of five bids were received with P & E Contractors, Inc. being the low bid, in the amount of $3,560,188.50, per the attached bid summary. This amount includes a $300,000 miscellaneous allowance, which will be used to address field changes. Prior to the bid opening, an opinion of probable construction cost for the project was provided by Teague Nall & Perkins, and the estimated amount for the project was $4,341,00.00. References have been verified, and staff recommends approval of the contract. Financial Impact Funding for this project will come from the Tax Increment Financing District (TIF) account, water impact fees, wasterwater impact fees, and developer water escrows. Recommendation Approve Attachments 1.Recommendation Letter - Teague Nall & Perkins dated March 25, 2013 2.Bidders Summary 3.Exhibit 1 - Phase 2 Water and sanitary sewer relocation 4.Resolution R-13-3615 Fort Worth110 Denton1517 Centr R March 25, Mr. Dale C City of Co 100 Main Colleyville RE: Summ Water Colley Hello, Dale On Tuesda and Sanita received. We have consistent reduced th change No We have subcontrac warrant co awarding of proof o The bid ta email. Tha questions o Sincerely, tnp teague nall & Angela K. cc: Chuka An 00 Macon StreetFo re Place Drive, Suite 32 egistered by the Texas 2013 Crown PE lleyville Street , Texas 7603 mary of Optio and Sanitary yville Boulev e - ay, March 19 ary Sewer R The results a P&E Co Jackson North T CPS Civ ARK Co evaluated th with our exp heir base bid orth Texas Co reviewed t ctors, and ha oncern over P the Total Bas f insurance a abulation is at nk you for th or need addit & perkins Pereira PE numele - P&E Co rt Worth, Texas 7610 20Denton, Texas 762 s Board of Professional 34 ons for Awar y Sewer Relo ard SH26 9, 2013 the Relocations fo re tabulated ontractors, Inc n Construction Texas Contrac vil ontracting Se he bid tabula pectations. d from $3,84 ontracting’s ra the bidder’s ave contacted P&E’s abilitie se Bid for the nd appropria ttached for y is opportunity tional informa ontractors, Inc. 02817.336.5773 205940.383.4177 l Engineers, Firm No. F- rd ocations for City of Colle or Colleyville below. c. n cting rvices, LLC ation as comp North Texas 47,069.00 to anking. qualification d listed refer s to fulfill this e bid amount ate Performa your referenc y to be of ser ation, do not Dallas Sherman 230 Registered by eyville receiv e Boulevard S $3,560,1 $3,699,1 $3,798,7 $3,945,5 $4,161,6 pared to our Contracting o $3,798,769 ns provide b rences. We s contract. T of $3,560,1 ance and Pay ce, and an el rvice to the C hesitate to ca 17304 Preston Roa 200 North Travis S y the Texas Board of Pr ved bids for SH 26. A t 88.50 35.00 69.00 32.00 90.00 r estimate an ’s bid had a 9.00. Correc by P&E for discovered Teague Nall 88.50 contin yment Bonds. ectronic versi City of Colley all me. d, Suite 1340Dalla Street, Suite 500Sh rofessional Surveyors, F the construc otal of five nd have foun a mathemati ction of this e themselves no informati and Perkins gent upon th ion has been yville. Should as, Texas 752522 herman, Texas 75090 Firm No. 100116-00 tion of Wate (5) bids wer d the amoun ical error tha error does no and for the on that woul would suppo e procureme n delivered vi you have an 214.461.9867 903.870.1089 engineers surveyors landscape arch www.tnpinc.com er re nts at ot eir ld ort nt ia ny itects m PR O J E C T : DATE:3.19.2013 TN P J O B # C O L 1 2 2 4 3 En g i n e e r ' s E s t i m a t e IT E M D E S C R I P T I O N Q T Y . U N I T U N I T C O S T T O T A L - 1 S D A v e r a g e + 1 S D % S T D D E V U N I T C O S T T O T A L U N I T C O S T T O T A L U N I T C O S T T O T A L U N I T C O S T T O T A L U N I T C O S T T OTAL Ge n e r a l 1 M o b i l i z a t i o n 1 L S 1 0 0 , 0 0 0 . 0 0 $ 1 0 0 , 0 0 0 . 0 0 $ 1 6 8 , 4 9 7 . 3 7 $ 1 8 1 , 8 0 0 . 0 0 $ 1 9 5 , 1 0 2 . 6 3 $ 0 . 0 7 $ 2 0 5 , 0 0 0 . 0 0 $ 2 0 5 , 0 0 0 . 0 0 $ 1 6 5 , 0 0 0 . 0 0 $ 1 6 5 , 0 0 0 . 0 0 $ 179,000.00$ 179,000.00$ 185,000.00$ 185,000.00$ 175,000.00$ 175,000.00$ 2 G e n e r a l S i t e P r e p a r a t i o n 1 L S 1 2 5 , 0 0 0 . 0 0 $ 1 2 5 , 0 0 0 . 0 0 $ 4 3 , 4 4 1 . 9 5 $ 9 3 , 0 0 0 . 0 0 $ 1 4 2 , 5 5 8 . 0 5 $ 0 . 5 3 $ 5 0 , 0 0 0 . 0 0 $ 5 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 155,000.00$ 155,000.00$ 150,000.00$ 150,000.00$ 40,000.00$ 40,000.00$ 3 G r a v e l P a v e m e n t 88 T O N 3 0 . 0 0 $ 2 , 6 4 0 . 0 0 $ 3 4 . 0 3 $ 4 0 . 4 0 $ 4 6 . 7 7 $ 0 . 1 6 $ 3 0 . 0 0 $ 2 , 6 4 0 . 0 0 $ 5 0 . 0 0 $ 4 , 4 0 0 . 0 0 $ 40.00$ 3,520.00$ 40.00$ 3,520.00$ 42.00$ 3,696.00$ 4 Sa w c u t a n d R e m o v e E x i s t P a v e m e n t ; I n s t a l l A s p h a l t P a v e m e n t w i t h A s p h a l t R o l l e d C u r b s 4, 1 5 0 L F 3 5 . 0 0 $ 1 4 5 , 2 5 0 . 0 0 $ 2 7 . 6 2 $ 3 8 . 4 0 $ 4 9 . 1 8 $ 0 . 2 8 $ 4 5 . 0 0 $ 1 8 6 , 7 5 0 . 0 0 $ 4 0 . 0 0 $ 1 6 6 , 0 0 0 . 0 0 $ 35.00$ 145,250.00$ 20.00$ 83,000.00$ 52.00$ 215,800.00$ 5 A s p h a l t P a v e m e n t R e p a i r 20 4 S Y 3 0 . 0 0 $ 6 , 1 2 0 . 0 0 $ 2 9 . 7 5 $ 5 2 . 4 0 $ 7 5 . 0 5 $ 0 . 4 3 $ 3 7 . 0 0 $ 7 , 5 4 8 . 0 0 $ 7 5 . 0 0 $ 1 5 , 3 0 0 . 0 0 $ 80.00$ 16,320.00$ 20.00$ 4,080.00$ 50.00$ 10,200.00$ 6 C o n c r e t e P a v e m e n t w i t h C o n c r e t e C u r b s 3 0 0 S Y 6 5 . 0 0 $ 1 9 , 5 0 0 . 0 0 $ 4 1 . 5 9 $ 7 8 . 0 0 $ 1 1 4 . 4 1 $ 0 . 4 7 $ 4 5 . 0 0 $ 1 3 , 5 0 0 . 0 0 $ 1 2 5 . 0 0 $ 3 7 , 5 0 0 . 0 0 $ 80.00$ 24,000.00$ 30.00$ 9,000.00$ 110.00$ 33,000.00$ 7 R e m o v e a n d R e p l a c e C o n c r e t e S i d e w a l k 7 7 0 S F 5 . 0 0 $ 3 , 8 5 0 . 0 0 $ 4 . 4 7 $ 6 . 7 0 $ 8 . 9 3 $ 0 . 3 3 $ 4 . 5 0 $ 3 , 4 6 5 . 0 0 $ 7 . 0 0 $ 5 , 3 9 0 . 0 0 $ 10.00$ 7,700.00$ 4.00$ 3,080.00$ 8.00$ 6,160.00$ 8 P a r k w a y R e s t o r a t i o n - T o p s o i l , S e e d i n g , I r r i g a t i o n S y s t e m s , L a n d s c a p i n g 2 0 , 3 2 7 S Y 1 0 . 0 0 $ 2 0 3 , 2 7 0 . 0 0 $ 1 . 8 3 $ 2 . 7 0 $ 3 . 5 7 $ 0 . 3 2 $ 3 . 5 0 $ 7 1 , 1 4 4 . 5 0 $ 3 . 0 0 $ 6 0 , 9 8 1 . 0 0 $ 1.00$ 20,327.00$ 3.00$ 60,981.00$ 3.00$ 60,981.00$ 9 T r e n c h S a f e t y S y s t e m 25 , 0 2 0 L F 1 . 0 0 $ 2 5 , 0 2 0 . 0 0 $ 0 . 8 0 $ 1 . 2 0 $ 1 . 6 0 $ 0 . 3 3 $ 2 . 0 0 $ 5 0 , 0 4 0 . 0 0 $ 1 . 0 0 $ 2 5 , 0 2 0 . 0 0 $ 1.00$ 25,020.00$ 1.00$ 25,020.00$ 1.00$ 25,020.00$ 10 T r a f f i c C o n t r o l 1 L S 2 5 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 1 7 , 1 6 1 . 6 8 $ 2 2 , 4 0 0 . 0 0 $ 2 7 , 6 3 8 . 3 2 $ 0 . 2 3 $ 2 5 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 12,000.00$ 12,000.00$ 26,000.00$ 26,000.00$ 24,000.00$ 24,000.00$ 11 E r o s i o n C o n t r o l s a n d S W P P P 1 L S 3 8 , 0 0 0 . 0 0 $ 3 8 , 0 0 0 . 0 0 $ 1 5 , 1 8 8 . 3 8 $ 2 3 , 8 0 0 . 0 0 $ 3 2 , 4 1 1 . 6 2 $ 0 . 3 6 $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 15,000.00$ 15,000.00$ 37,000.00$ 37,000.00$ 22,000.00$ 22,000.00$ 12 E x p l o r a t o r y E x c a v a t i o n 3 E A 1 , 2 0 0 . 0 0 $ 3 , 6 0 0 . 0 0 $ 5 8 8 . 4 0 $ 1 , 1 2 0 . 0 0 $ 1 , 6 5 1 . 6 0 $ 0 . 4 7 $ 2 5 0 . 0 0 $ 7 5 0 . 0 0 $ 1 , 6 0 0 . 0 0 $ 4 , 8 0 0 . 0 0 $ 750.00$ 2,250.00$ 1,500.00$ 4,500.00$ 1,500.00$ 4,500.00$ 13 C o n c r e t e F l u m e R e p a i r 60 S F 2 5 . 0 0 $ 1 , 5 0 0 . 0 0 $ 5 . 5 3 $ 8 . 4 0 $ 1 1 . 2 7 $ 0 . 3 4 $ 5 . 0 0 $ 3 0 0 . 0 0 $ 1 2 . 0 0 $ 7 2 0 . 0 0 $ 10.00$ 600.00$ 5.00$ 300.00$ 10.00$ 600.00$ 14 C o n c r e t e R e t a i n i n g W a l l R e p a i r 1 0 L F 7 5 . 0 0 $ 7 5 0 . 0 0 $ 6 2 . 2 5 $ 1 8 4 . 0 0 $ 3 0 5 . 7 5 $ 0 . 6 6 $ 2 5 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 3 5 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 100.00$ 1,000.00$ -$ -$ 220.00$ 2,200.00$ 15 R o c k R i p - R a p 17 0 S F 1 0 . 0 0 $ 1 , 7 0 0 . 0 0 $ ( 2 3 . 0 0 ) $ 4 3 . 0 0 $ 1 0 9 . 0 0 $ 1 . 5 3 $ 1 7 5 . 0 0 $ 2 9 , 7 5 0 . 0 0 $ 1 0 . 0 0 $ 1 , 7 0 0 . 0 0 $ 10.00$ 1,700.00$ 10.00$ 1,700.00$ 10.00$ 1,700.00$ 16 1 8 " R C P C u l v e r t 12 5 L F 5 0 . 0 0 $ 6 , 2 5 0 . 0 0 $ 4 7 . 9 7 $ 6 3 . 0 0 $ 7 8 . 0 3 $ 0 . 2 4 $ 4 5 . 0 0 $ 5 , 6 2 5 . 0 0 $ 6 5 . 0 0 $ 8 , 1 2 5 . 0 0 $ 55.00$ 6,875.00$ 60.00$ 7,500.00$ 90.00$ 11,250.00$ 17 1 8 " S a f e t y E n d T r e a t m e n t 4 E A 1 , 5 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 6 7 5 . 8 9 $ 1 , 4 8 0 . 0 0 $ 2 , 2 8 4 . 1 1 $ 0 . 5 4 $ 1 , 2 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 750.00$ 3,000.00$ 900.00$ 3,600.00$ 3,000.00$ 12,000.00$ 18 A l l o w a n c e f o r M i s c e l l a n e o u s C o n s t r u c t i o n I t e m s 1 L S 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ - $ 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ 3 0 0 , 0 0 0 . 0 0 $ 300,000.00$ 300,000.00$ 300,000.00$ 300,000.00$ 300,000.00$ 300,000.00$ Wa t e r 19 A b a n d o n G a t e V a l v e 73 E A 1 5 0 . 0 0 $ 1 0 , 9 5 0 . 0 0 $ 7 6 . 8 2 $ 1 1 8 . 0 0 $ 1 5 9 . 1 8 $ 0 . 3 5 $ 1 0 0 . 0 0 $ 7 , 3 0 0 . 0 0 $ 9 0 . 0 0 $ 6 , 5 7 0 . 0 0 $ 100.00$ 7,300.00$ 100.00$ 7,300.00$ 200.00$ 14,600.00$ 20 R e m o v e a n d S a l v a g e F i r e H y d r a n t 2 2 E A 2 0 0 . 0 0 $ 4 , 4 0 0 . 0 0 $ 1 9 3 . 7 1 $ 3 4 0 . 0 0 $ 4 8 6 . 2 9 $ 0 . 4 3 $ 2 0 0 . 0 0 $ 4 , 4 0 0 . 0 0 $ 3 5 0 . 0 0 $ 7 , 7 0 0 . 0 0 $ 500.00$ 11,000.00$ 500.00$ 11,000.00$ 150.00$ 3,300.00$ 21 C u t a n d P l u g E x i s t i n g W a t e r L i n e , A l l S i z e s 5 7 E A 4 0 0 . 0 0 $ 2 2 , 8 0 0 . 0 0 $ 4 0 7 . 9 5 $ 5 8 0 . 0 0 $ 7 5 2 . 0 5 $ 0 . 3 0 $ 5 0 0 . 0 0 $ 2 8 , 5 0 0 . 0 0 $ 9 0 0 . 0 0 $ 5 1 , 3 0 0 . 0 0 $ 400.00$ 22,800.00$ 500.00$ 28,500.00$ 600.00$ 34,200.00$ 22 1 2 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e b y O p e n C u t 3 , 6 3 7 L F 5 0 . 0 0 $ 1 8 1 , 8 5 0 . 0 0 $ 5 8 . 5 2 $ 6 9 . 2 0 $ 7 9 . 8 8 $ 0 . 1 5 $ 5 7 . 0 0 $ 2 0 7 , 3 0 9 . 0 0 $ 5 8 . 0 0 $ 2 1 0 , 9 4 6 . 0 0 $ 85.00$ 309,145.00$ 70.00$ 254,590.00$ 76.00$ 276,412.00$ 23 1 0 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e b y O p e n C u t 1 4 , 3 9 0 L F 4 5 . 0 0 $ 6 4 7 , 5 5 0 . 0 0 $ 5 2 . 4 9 $ 6 0 . 4 0 $ 6 8 . 3 1 $ 0 . 1 3 $ 5 0 . 0 0 $ 7 1 9 , 5 0 0 . 0 0 $ 5 2 . 0 0 $ 7 4 8 , 2 8 0 . 0 0 $ 65.00$ 935,350.00$ 65.00$ 935,350.00$ 70.00$ 1,007,300.00$ 24 8 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e b y O p e n C u t 3 2 0 L F 4 0 . 0 0 $ 1 2 , 8 0 0 . 0 0 $ 3 9 . 5 3 $ 4 9 . 0 0 $ 5 8 . 4 7 $ 0 . 1 9 $ 4 7 . 0 0 $ 1 5 , 0 4 0 . 0 0 $ 3 8 . 0 0 $ 1 2 , 1 6 0 . 0 0 $ 60.00$ 19,200.00$ 40.00$ 12,800.00$ 60.00$ 19,200.00$ 25 6 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e b y O p e n C u t 2 0 0 L F 3 5 . 0 0 $ 7 , 0 0 0 . 0 0 $ 3 6 . 3 1 $ 4 6 . 2 0 $ 5 6 . 0 9 $ 0 . 2 1 $ 4 0 . 0 0 $ 8 , 0 0 0 . 0 0 $ 3 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 55.00$ 11,000.00$ 50.00$ 10,000.00$ 56.00$ 11,200.00$ 26 1 2 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e b y O t h e r t h a n O p e n C u t 9 1 L F 7 5 . 0 0 $ 6 , 8 2 5 . 0 0 $ 1 2 9 . 3 0 $ 1 6 3 . 0 0 $ 1 9 6 . 7 0 $ 0 . 2 1 $ 1 0 5 . 0 0 $ 9 , 5 5 5 . 0 0 $ 1 9 0 . 0 0 $ 1 7 , 2 9 0 . 0 0 $ 150.00$ 13,650.00$ 200.00$ 18,200.00$ 170.00$ 15,470.00$ 27 1 0 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e b y O t h e r t h a n O p e n C u t 4 2 5 L F 7 0 . 0 0 $ 2 9 , 7 5 0 . 0 0 $ 1 2 1 . 4 3 $ 1 4 8 . 0 0 $ 1 7 4 . 5 7 $ 0 . 1 8 $ 1 0 5 . 0 0 $ 4 4 , 6 2 5 . 0 0 $ 1 7 0 . 0 0 $ 7 2 , 2 5 0 . 0 0 $ 135.00$ 57,375.00$ 180.00$ 76,500.00$ 150.00$ 63,750.00$ 28 1 2 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e i n S t e e l C a s i n g 1 9 0 L F 6 0 . 0 0 $ 1 1 , 4 0 0 . 0 0 $ 5 7 . 6 3 $ 7 3 . 6 0 $ 8 9 . 5 7 $ 0 . 2 2 $ 1 0 0 . 0 0 $ 1 9 , 0 0 0 . 0 0 $ 5 2 . 0 0 $ 9 , 8 8 0 . 0 0 $ 70.00$ 13,300.00$ 80.00$ 15,200.00$ 66.00$ 12,540.00$ 29 1 0 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e i n S t e e l C a s i n g 1 , 4 7 0 L F 5 5 . 0 0 $ 8 0 , 8 5 0 . 0 0 $ 4 9 . 3 0 $ 6 9 . 6 0 $ 8 9 . 9 0 $ 0 . 2 9 $ 1 0 5 . 0 0 $ 1 5 4 , 3 5 0 . 0 0 $ 4 4 . 0 0 $ 6 4 , 6 8 0 . 0 0 $ 60.00$ 88,200.00$ 75.00$ 110,250.00$ 64.00$ 94,080.00$ 30 8 " P V C , D R 1 8 ( A W W A C 9 0 0 ) W a t e r P i p e i n S t e e l C a s i n g 2 0 L F 5 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 3 0 . 0 2 $ 9 6 . 0 0 $ 1 6 1 . 9 8 $ 0 . 6 9 $ 9 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 2 2 5 . 0 0 $ 4 , 5 0 0 . 0 0 $ 55.00$ 1,100.00$ 50.00$ 1,000.00$ 60.00$ 1,200.00$ 31 1 0 " H D P E , I P S P E 4 7 1 0 D R 9 ( A W W A C 9 0 6 ) W a t e r P i p e b y H o r i z o n t a l D i r e c t i o n a l D r il l i n g 2 4 0 L F 9 0 . 0 0 $ 2 1 , 6 0 0 . 0 0 $ 1 0 0 . 2 8 $ 1 3 1 . 0 0 $ 1 6 1 . 7 2 $ 0 . 2 3 $ 1 2 5 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 1 8 0 . 0 0 $ 4 3 , 2 0 0 . 0 0 $ 100.00$ 24,000.00$ 100.00$ 24,000.00$ 150.00$ 36,000.00$ 32 1 8 " P V C , D R 1 8 ( A W W A C 9 0 0 ) E n c a s e m e n t 7 0 L F 6 0 . 0 0 $ 4 , 2 0 0 . 0 0 $ 5 9 . 4 8 $ 9 6 . 0 0 $ 1 3 2 . 5 2 $ 0 . 3 8 $ 7 5 . 0 0 $ 5 , 2 5 0 . 0 0 $ 9 5 . 0 0 $ 6 , 6 5 0 . 0 0 $ 100.00$ 7,000.00$ 50.00$ 3,500.00$ 160.00$ 11,200.00$ 33 1 6 " P V C , D R 1 8 ( A W W A C 9 0 0 ) E n c a s e m e n t 9 0 L F 5 5 . 0 0 $ 4 , 9 5 0 . 0 0 $ 6 5 . 1 2 $ 9 7 . 6 0 $ 1 3 0 . 0 8 $ 0 . 3 3 $ 1 1 0 . 0 0 $ 9 , 9 0 0 . 0 0 $ 9 8 . 0 0 $ 8 , 8 2 0 . 0 0 $ 100.00$ 9,000.00$ 40.00$ 3,600.00$ 140.00$ 12,600.00$ 34 D r y A u g e r B o r e 1 6 " S t e e l C a s i n g P i p e 2 0 L F 5 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 9 8 . 6 9 $ 2 5 2 . 8 0 $ 3 0 6 . 9 1 $ 0 . 2 1 $ 1 6 0 . 0 0 $ 3 , 2 0 0 . 0 0 $ 2 2 4 . 0 0 $ 4 , 4 8 0 . 0 0 $ 280.00$ 5,600.00$ 300.00$ 6,000.00$ 300.00$ 6,000.00$ 35 D r y A u g e r B o r e 1 8 " S t e e l C a s i n g P i p e 1 , 2 9 0 L F 5 5 0 . 0 0 $ 7 0 9 , 5 0 0 . 0 0 $ 2 0 9 . 6 8 $ 2 6 1 . 8 0 $ 3 1 3 . 9 2 $ 0 . 2 0 $ 1 8 5 . 0 0 $ 2 3 8 , 6 5 0 . 0 0 $ 2 3 4 . 0 0 $ 3 0 1 , 8 6 0 . 0 0 $ 250.00$ 322,500.00$ 320.00$ 412,800.00$ 320.00$ 412,800.00$ 36 D r y A u g e r B o r e 2 0 " S t e e l C a s i n g P i p e 1 9 0 L F 6 0 0 . 0 0 $ 1 1 4 , 0 0 0 . 0 0 $ 2 1 9 . 4 1 $ 2 7 4 . 8 0 $ 3 3 0 . 1 9 $ 0 . 2 0 $ 2 0 4 . 0 0 $ 3 8 , 7 6 0 . 0 0 $ 2 4 0 . 0 0 $ 4 5 , 6 0 0 . 0 0 $ 250.00$ 47,500.00$ 340.00$ 64,600.00$ 340.00$ 64,600.00$ 37 1 8 " S t e e l C a s i n g P i p e b y O p e n C u t 1 7 5 L F 4 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 6 7 . 8 7 $ 1 0 6 . 0 0 $ 1 4 4 . 1 3 $ 0 . 3 6 $ 9 5 . 0 0 $ 1 6 , 6 2 5 . 0 0 $ 1 0 0 . 0 0 $ 1 7 , 5 0 0 . 0 0 $ 80.00$ 14,000.00$ 75.00$ 13,125.00$ 180.00$ 31,500.00$ 38 F i r e H y d r a n t A s s e m b l y ( 3 ' - 1 0 ' B u r y ) 2 8 E A 2 , 4 0 0 . 0 0 $ 6 7 , 2 0 0 . 0 0 $ 2 , 3 9 0 . 1 1 $ 2 , 8 4 0 . 0 0 $ 3 , 2 8 9 . 8 9 $ 0 . 1 6 $ 2 , 5 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 8 4 , 0 0 0 . 0 0 $ 3,000.00$ 84,000.00$ 3,500.00$ 98,000.00$ 2,200.00$ 61,600.00$ 39 1 2 " G a t e V a l v e w i t h B o x 14 E A 2 , 5 0 0 . 0 0 $ 3 5 , 0 0 0 . 0 0 $ 2 , 1 5 9 . 3 3 $ 2 , 4 6 0 . 0 0 $ 2 , 7 6 0 . 6 7 $ 0 . 1 2 $ 2 , 1 0 0 . 0 0 $ 2 9 , 4 0 0 . 0 0 $ 2 , 3 0 0 . 0 0 $ 3 2 , 2 0 0 . 0 0 $ 3,000.00$ 42,000.00$ 2,500.00$ 35,000.00$ 2,400.00$ 33,600.00$ 40 1 0 " G a t e V a l v e w i t h B o x 49 E A 1 , 7 0 0 . 0 0 $ 8 3 , 3 0 0 . 0 0 $ 1 , 7 9 0 . 3 3 $ 1 , 9 4 0 . 0 0 $ 2 , 0 8 9 . 6 7 $ 0 . 0 8 $ 1 , 9 0 0 . 0 0 $ 9 3 , 1 0 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 8 8 , 2 0 0 . 0 0 $ 2,000.00$ 98,000.00$ 2,200.00$ 107,800.00$ 1,800.00$ 88,200.00$ 41 8 " G a t e V a l v e w i t h B o x 13 E A 1 , 2 0 0 . 0 0 $ 1 5 , 6 0 0 . 0 0 $ 1 , 1 3 6 . 7 5 $ 1 , 2 0 0 . 0 0 $ 1 , 2 6 3 . 2 5 $ 0 . 0 5 $ 1 , 1 0 0 . 0 0 $ 1 4 , 3 0 0 . 0 0 $ 1 , 2 0 0 . 0 0 $ 1 5 , 6 0 0 . 0 0 $ 1,200.00$ 15,600.00$ 1,300.00$ 16,900.00$ 1,200.00$ 15,600.00$ 42 6 " G a t e V a l v e w i t h B o x 36 E A 9 0 0 . 0 0 $ 3 2 , 4 0 0 . 0 0 $ 8 3 0 . 0 0 $ 9 1 0 . 0 0 $ 9 9 0 . 0 0 $ 0 . 0 9 $ 8 5 0 . 0 0 $ 3 0 , 6 0 0 . 0 0 $ 9 0 0 . 0 0 $ 3 2 , 4 0 0 . 0 0 $ 1,000.00$ 36,000.00$ 800.00$ 28,800.00$ 1,000.00$ 36,000.00$ 43 1 6 " x 1 0 " T a p p i n g S l e e v e a n d V a l v e 1 E A 3 , 5 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 2 , 1 1 7 . 7 6 $ 3 , 7 9 0 . 0 0 $ 5 , 4 6 2 . 2 4 $ 0 . 4 4 $ 3 , 7 5 0 . 0 0 $ 3 , 7 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 700.00$ 700.00$ 4,000.00$ 4,000.00$ 5,500.00$ 5,500.00$ 44 2 " A i r R e l e a s e V a l v e 2 E A 6 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 3 , 2 6 9 . 4 5 $ 4 , 6 4 0 . 0 0 $ 6 , 0 1 0 . 5 5 $ 0 . 3 0 $ 3 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 5 , 2 0 0 . 0 0 $ 1 0 , 4 0 0 . 0 0 $ 6,000.00$ 12,000.00$ 3,000.00$ 6,000.00$ 6,000.00$ 12,000.00$ 45 C o n n e c t t o E x i s t 1 2 " W L 9 E A 1 , 7 0 0 . 0 0 $ 1 5 , 3 0 0 . 0 0 $ 9 4 5 . 8 9 $ 1 , 5 2 0 . 0 0 $ 2 , 0 9 4 . 1 1 $ 0 . 3 8 $ 1 , 0 0 0 . 0 0 $ 9 , 0 0 0 . 0 0 $ 2 , 4 0 0 . 0 0 $ 2 1 , 6 0 0 . 0 0 $ 2,000.00$ 18,000.00$ 1,000.00$ 9,000.00$ 1,200.00$ 10,800.00$ 46 C o n n e c t t o E x i s t 1 0 " W L 9 E A 1 , 5 0 0 . 0 0 $ 1 3 , 5 0 0 . 0 0 $ 8 8 4 . 4 2 $ 1 , 3 8 0 . 0 0 $ 1 , 8 7 5 . 5 8 $ 0 . 3 6 $ 1 , 0 0 0 . 0 0 $ 9 , 0 0 0 . 0 0 $ 2 , 3 0 0 . 0 0 $ 2 0 , 7 0 0 . 0 0 $ 1,500.00$ 13,500.00$ 1,000.00$ 9,000.00$ 1,100.00$ 9,900.00$ 47 C o n n e c t t o E x i s t 8 " W L 12 E A 1 , 3 0 0 . 0 0 $ 1 5 , 6 0 0 . 0 0 $ 7 2 4 . 8 4 $ 1 , 2 6 0 . 0 0 $ 1 , 7 9 5 . 1 6 $ 0 . 4 2 $ 1 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 2 , 2 0 0 . 0 0 $ 2 6 , 4 0 0 . 0 0 $ 1,500.00$ 18,000.00$ 800.00$ 9,600.00$ 800.00$ 9,600.00$ 48 C o n n e c t t o E x i s t 6 " W L 4 E A 1 , 1 0 0 . 0 0 $ 4 , 4 0 0 . 0 0 $ 6 2 3 . 5 8 $ 1 , 1 8 0 . 0 0 $ 1 , 7 3 6 . 4 2 $ 0 . 4 7 $ 1 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 2 , 1 0 0 . 0 0 $ 8 , 4 0 0 . 0 0 $ 1,500.00$ 6,000.00$ 600.00$ 2,400.00$ 700.00$ 2,800.00$ 49 D u c t i l e I r o n M e c h a n i c a l J o i n t F i t t i n g s 1 L S 1 2 4 , 7 0 0 . 0 0 $ 1 2 4 , 7 0 0 . 0 0 $ 4 8 , 2 6 5 . 4 4 $ 7 3 , 6 0 0 . 0 0 $ 9 8 , 9 3 4 . 5 6 $ 0 . 3 4 $ 8 8 , 0 0 0 . 0 0 $ 8 8 , 0 0 0 . 0 0 $ 1 0 5 , 0 0 0 . 0 0 $ 1 0 5 , 0 0 0 . 0 0 $ 30,000.00$ 30,000.00$ 65,000.00$ 65,000.00$ 80,000.00$ 80,000.00$ 50 1 " W a t e r S e r v i c e C o n n e c t i o n w i t h M e t e r 7 8 E A 8 0 0 . 0 0 $ 6 2 , 4 0 0 . 0 0 $ 5 3 7 . 4 3 $ 8 3 0 . 0 0 $ 1 , 1 2 2 . 5 7 $ 0 . 3 5 $ 6 5 0 . 0 0 $ 5 0 , 7 0 0 . 0 0 $ 1 , 1 0 0 . 0 0 $ 8 5 , 8 0 0 . 0 0 $ 1,200.00$ 93,600.00$ 800.00$ 62,400.00$ 400.00$ 31,200.00$ 51 1 " W a t e r S e r v i c e C o n n e c t i o n w i t h o u t M e t e r 4 E A 6 0 0 . 0 0 $ 2 , 4 0 0 . 0 0 $ 5 0 9 . 5 5 $ 7 3 0 . 0 0 $ 9 5 0 . 4 5 $ 0 . 3 0 $ 8 5 0 . 0 0 $ 3 , 4 0 0 . 0 0 $ 8 0 0 . 0 0 $ 3 , 2 0 0 . 0 0 $ 1,000.00$ 4,000.00$ 650.00$ 2,600.00$ 350.00$ 1,400.00$ 52 R e c o n n e c t W a t e r S e r v i c e f o r E x i s t i n g W a t e r M e t e r t o R e m a i n 5 E A 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 4 1 9 . 7 8 $ 6 5 0 . 0 0 $ 8 8 0 . 2 2 $ 0 . 3 5 $ 6 5 0 . 0 0 $ 3 , 2 5 0 . 0 0 $ 5 5 0 . 0 0 $ 2 , 7 5 0 . 0 0 $ 750.00$ 3,750.00$ 1,000.00$ 5,000.00$ 300.00$ 1,500.00$ 53 T e m p o r a r y W a t e r S e r v i c e C o n n e c t i o n 1 2 E A 7 5 0 . 0 0 $ 9 , 0 0 0 . 0 0 $ 5 1 5 . 4 2 $ 1 , 0 2 0 . 0 0 $ 1 , 5 2 4 . 5 8 $ 0 . 4 9 $ 6 5 0 . 0 0 $ 7 , 8 0 0 . 0 0 $ 7 0 0 . 0 0 $ 8 , 4 0 0 . 0 0 $ 1,000.00$ 12,000.00$ 750.00$ 9,000.00$ 2,000.00$ 24,000.00$ 54 B o l l a r d s 4 E A 7 5 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 3 1 . 6 8 $ 4 5 0 . 0 0 $ 5 6 8 . 3 2 $ 0 . 2 6 $ 2 5 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 5 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 500.00$ 2,000.00$ 600.00$ 2,400.00$ 400.00$ 1,600.00$ Sa n i t a r y S e w e r 55 R e m o v e E x i s t i n g S a n i t a r y S e w e r M a n h o l e 7 E A 5 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 4 0 4 . 3 5 $ 5 4 0 . 0 0 $ 6 7 5 . 6 5 $ 0 . 2 5 $ 5 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 8 0 0 . 0 0 $ 5 , 6 0 0 . 0 0 $ 500.00$ 3,500.00$ 500.00$ 3,500.00$ 400.00$ 2,800.00$ 56 A b a n d o n E x i s t i n g S a n i t a r y S e w e r M a n h o l e 6 E A 7 5 0 . 0 0 $ 4 , 5 0 0 . 0 0 $ 2 7 1 . 0 0 $ 4 7 0 . 0 0 $ 6 6 9 . 0 0 $ 0 . 4 2 $ 2 0 0 . 0 0 $ 1 , 2 0 0 . 0 0 $ 7 5 0 . 0 0 $ 4 , 5 0 0 . 0 0 $ 500.00$ 3,000.00$ 600.00$ 3,600.00$ 300.00$ 1,800.00$ BI D T A B U L A T I O N SH 2 6 U t i l i t y R e l o c a t i o n s - J o h n M c C a i n t o C e n t e r S t r e e t North Texas ContractingCPS CivilARK Contracting Services, LLC P& E C o n t r a c t o r s , I n c . J a c k s o n C o n s t r u c t i o n L t d PR O J E C T : DATE:3.19.2013 TN P J O B # C O L 1 2 2 4 3 En g i n e e r ' s E s t i m a t e IT E M D E S C R I P T I O N Q T Y . U N I T U N I T C O S T T O T A L - 1 S D A v e r a g e + 1 S D % S T D D E V U N I T C O S T T O T A L U N I T C O S T T O T A L U N I T C O S T T O T A L U N I T C O S T T O T A L U N I T C O S T T OTAL BI D T A B U L A T I O N SH 2 6 U t i l i t y R e l o c a t i o n s - J o h n M c C a i n t o C e n t e r S t r e e t North Texas ContractingCPS CivilARK Contracting Services, LLC P& E C o n t r a c t o r s , I n c . J a c k s o n C o n s t r u c t i o n L t d 57 C u t a n d P l u g E x i s t i n g S a n i t a r y S e w e r L i n e 2 1 E A 4 0 0 . 0 0 $ 8 , 4 0 0 . 0 0 $ 4 8 0 . 9 1 $ 7 0 0 . 0 0 $ 9 1 9 . 0 9 $ 0 . 3 1 $ 1 , 0 0 0 . 0 0 $ 2 1 , 0 0 0 . 0 0 $ 8 0 0 . 0 0 $ 1 6 , 8 0 0 . 0 0 $ 400.00$ 8,400.00$ 500.00$ 10,500.00$ 800.00$ 16,800.00$ 58 1 2 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e b y O p e n C u t 5 1 7 L F 8 0 . 0 0 $ 4 1 , 3 6 0 . 0 0 $ 6 2 . 1 4 $ 7 0 . 4 0 $ 7 8 . 6 6 $ 0 . 1 2 $ 5 7 . 0 0 $ 2 9 , 4 6 9 . 0 0 $ 6 8 . 0 0 $ 3 5 , 1 5 6 . 0 0 $ 75.00$ 38,775.00$ 70.00$ 36,190.00$ 82.00$ 42,394.00$ 59 1 0 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e b y O p e n C u t 3 4 0 L F 7 0 . 0 0 $ 2 3 , 8 0 0 . 0 0 $ 5 5 . 5 1 $ 6 2 . 6 0 $ 6 9 . 6 9 $ 0 . 1 1 $ 5 5 . 0 0 $ 1 8 , 7 0 0 . 0 0 $ 6 2 . 0 0 $ 2 1 , 0 8 0 . 0 0 $ 60.00$ 20,400.00$ 60.00$ 20,400.00$ 76.00$ 25,840.00$ 60 8 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e b y O p e n C u t 2 , 2 7 2 L F 6 0 . 0 0 $ 1 3 6 , 3 2 0 . 0 0 $ 4 7 . 7 1 $ 5 6 . 4 0 $ 6 5 . 0 9 $ 0 . 1 5 $ 4 7 . 0 0 $ 1 0 6 , 7 8 4 . 0 0 $ 5 8 . 0 0 $ 1 3 1 , 7 7 6 . 0 0 $ 55.00$ 124,960.00$ 50.00$ 113,600.00$ 72.00$ 163,584.00$ 61 6 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e b y O p e n C u t 3 1 2 L F 5 0 . 0 0 $ 1 5 , 6 0 0 . 0 0 $ 4 2 . 2 7 $ 5 1 . 2 0 $ 6 0 . 1 3 $ 0 . 1 7 $ 4 0 . 0 0 $ 1 2 , 4 8 0 . 0 0 $ 5 5 . 0 0 $ 1 7 , 1 6 0 . 0 0 $ 50.00$ 15,600.00$ 45.00$ 14,040.00$ 66.00$ 20,592.00$ 62 1 2 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e i n S t e e l C a s i n g 2 0 0 L F 9 0 . 0 0 $ 1 8 , 0 0 0 . 0 0 $ 5 7 . 4 0 $ 7 4 . 6 0 $ 9 1 . 8 0 $ 0 . 2 3 $ 1 0 5 . 0 0 $ 2 1 , 0 0 0 . 0 0 $ 5 6 . 0 0 $ 1 1 , 2 0 0 . 0 0 $ 70.00$ 14,000.00$ 80.00$ 16,000.00$ 62.00$ 12,400.00$ 63 1 0 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e i n S t e e l C a s i n g 9 0 L F 8 0 . 0 0 $ 7 , 2 0 0 . 0 0 $ 5 2 . 1 5 $ 6 9 . 0 0 $ 8 5 . 8 5 $ 0 . 2 4 $ 1 0 0 . 0 0 $ 9 , 0 0 0 . 0 0 $ 5 0 . 0 0 $ 4 , 5 0 0 . 0 0 $ 65.00$ 5,850.00$ 70.00$ 6,300.00$ 60.00$ 5,400.00$ 64 8 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e i n S t e e l C a s i n g 3 1 0 L F 7 0 . 0 0 $ 2 1 , 7 0 0 . 0 0 $ 4 3 . 1 2 $ 6 1 . 0 0 $ 7 8 . 8 8 $ 0 . 2 9 $ 9 5 . 0 0 $ 2 9 , 4 5 0 . 0 0 $ 4 2 . 0 0 $ 1 3 , 0 2 0 . 0 0 $ 55.00$ 17,050.00$ 55.00$ 17,050.00$ 58.00$ 17,980.00$ 65 6 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e b y O t h e r t h a n O p e n C u t 2 5 L F 1 5 0 . 0 0 $ 3 , 7 5 0 . 0 0 $ 8 8 . 1 0 $ 1 3 6 . 0 0 $ 1 8 3 . 9 0 $ 0 . 3 5 $ 7 5 . 0 0 $ 1 , 8 7 5 . 0 0 $ 1 7 0 . 0 0 $ 4 , 2 5 0 . 0 0 $ 175.00$ 4,375.00$ 80.00$ 2,000.00$ 180.00$ 4,500.00$ 66 1 2 " P V C ( S D R - 2 6 ) S a n i t a r y S e w e r P i p e b y O t h e r t h a n O p e n C u t 7 0 L F 1 5 0 . 0 0 $ 1 0 , 5 0 0 . 0 0 $ 1 1 9 . 6 1 $ 1 6 5 . 0 0 $ 2 1 0 . 3 9 $ 0 . 2 8 $ 1 2 5 . 0 0 $ 8 , 7 5 0 . 0 0 $ 2 0 0 . 0 0 $ 1 4 , 0 0 0 . 0 0 $ 180.00$ 12,600.00$ 100.00$ 7,000.00$ 220.00$ 15,400.00$ 67 D r y A u g e r B o r e 2 0 " S t e e l C a s i n g P i p e 2 0 0 L F 6 0 0 . 0 0 $ 1 2 0 , 0 0 0 . 0 0 $ 2 3 6 . 7 4 $ 2 9 1 . 0 0 $ 3 4 5 . 2 6 $ 0 . 1 9 $ 2 6 5 . 0 0 $ 5 3 , 0 0 0 . 0 0 $ 2 3 0 . 0 0 $ 4 6 , 0 0 0 . 0 0 $ 250.00$ 50,000.00$ 370.00$ 74,000.00$ 340.00$ 68,000.00$ 68 D r y A u g e r B o r e 1 8 " S t e e l C a s i n g P i p e 9 0 L F 5 5 0 . 0 0 $ 4 9 , 5 0 0 . 0 0 $ 1 7 8 . 0 3 $ 2 5 1 . 0 0 $ 3 2 3 . 9 7 $ 0 . 2 9 $ 2 6 0 . 0 0 $ 2 3 , 4 0 0 . 0 0 $ 1 6 0 . 0 0 $ 1 4 , 4 0 0 . 0 0 $ 175.00$ 15,750.00$ 330.00$ 29,700.00$ 330.00$ 29,700.00$ 69 D r y A u g e r B o r e 1 6 " S t e e l C a s i n g P i p e 1 9 0 L F 5 0 0 . 0 0 $ 9 5 , 0 0 0 . 0 0 $ 2 1 7 . 7 4 $ 2 5 6 . 0 0 $ 2 9 4 . 2 6 $ 0 . 1 5 $ 2 1 0 . 0 0 $ 3 9 , 9 0 0 . 0 0 $ 2 2 0 . 0 0 $ 4 1 , 8 0 0 . 0 0 $ 250.00$ 47,500.00$ 300.00$ 57,000.00$ 300.00$ 57,000.00$ 70 1 6 " S t e e l C a s i n g P i p e b y O p e n C u t 8 0 L F 4 0 0 . 0 0 $ 3 2 , 0 0 0 . 0 0 $ 6 6 . 8 1 $ 9 3 . 0 0 $ 1 1 9 . 1 9 $ 0 . 2 8 $ 9 5 . 0 0 $ 7 , 6 0 0 . 0 0 $ 8 5 . 0 0 $ 6 , 8 0 0 . 0 0 $ 85.00$ 6,800.00$ 60.00$ 4,800.00$ 140.00$ 11,200.00$ 71 P V C ( S D R - 3 5 ) f o r S e w e r S e r v i c e L i n e 1 4 4 L F 2 5 . 0 0 $ 3 , 6 0 0 . 0 0 $ 1 3 . 3 7 $ 2 6 . 4 0 $ 3 9 . 4 3 $ 0 . 4 9 $ 4 0 . 0 0 $ 5 , 7 6 0 . 0 0 $ 4 0 . 0 0 $ 5 , 7 6 0 . 0 0 $ 5.00$ 720.00$ 25.00$ 3,600.00$ 22.00$ 3,168.00$ 72 4 " S a n i t a r y S e w e r S e r v i c e W y e & C l e a n o u t 1 7 E A 3 0 0 . 0 0 $ 5 , 1 0 0 . 0 0 $ 3 9 3 . 2 5 $ 6 8 3 . 0 0 $ 9 7 2 . 7 5 $ 0 . 4 2 $ 4 1 5 . 0 0 $ 7 , 0 5 5 . 0 0 $ 1 , 2 0 0 . 0 0 $ 2 0 , 4 0 0 . 0 0 $ 800.00$ 13,600.00$ 500.00$ 8,500.00$ 500.00$ 8,500.00$ 73 4 ' D i a m e t e r S a n i t a r y S e w e r M a n h o l e ( 0 ' - 6 ' D e p t h ) 1 2 E A 3 , 0 0 0 . 0 0 $ 3 6 , 0 0 0 . 0 0 $ 1 , 2 1 6 . 6 4 $ 2 , 6 3 0 . 0 0 $ 4 , 0 4 3 . 3 6 $ 0 . 5 4 $ 4 , 5 0 0 . 0 0 $ 5 4 , 0 0 0 . 0 0 $ 2 , 4 0 0 . 0 0 $ 2 8 , 8 0 0 . 0 0 $ 250.00$ 3,000.00$ 2,500.00$ 30,000.00$ 3,500.00$ 42,000.00$ 74 5 ' D i a m e t e r S a n i t a r y S e w e r M a n h o l e ( 0 ' - 6 ' D e p t h ) 2 E A 4 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 $ 3 , 3 3 3 . 9 2 $ 4 , 1 6 0 . 0 0 $ 4 , 9 8 6 . 0 8 $ 0 . 2 0 $ 5 , 5 0 0 . 0 0 $ 1 1 , 0 0 0 . 0 0 $ 3 , 8 0 0 . 0 0 $ 7 , 6 0 0 . 0 0 $ 3,000.00$ 6,000.00$ 4,000.00$ 8,000.00$ 4,500.00$ 9,000.00$ 75 6 ' D i a m e t e r S a n i t a r y S e w e r M a n h o l e ( 0 ' - 6 ' D e p t h ) 1 E A 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 3 , 8 0 1 . 2 5 $ 5 , 4 0 0 . 0 0 $ 6 , 9 9 8 . 7 5 $ 0 . 3 0 $ 6 , 3 0 0 . 0 0 $ 6 , 3 0 0 . 0 0 $ 4 , 2 0 0 . 0 0 $ 4 , 2 0 0 . 0 0 $ 3,500.00$ 3,500.00$ 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 76 4 ' D i a m e t e r S a n i t a r y S e w e r M a n h o l e o v e r E x i s t i n g S e w e r L i n e ( 0 ' - 6 ' D e p t h ) 9 E A 5 , 0 0 0 . 0 0 $ 4 5 , 0 0 0 . 0 0 $ 2 , 1 8 6 . 2 4 $ 3 , 2 4 0 . 0 0 $ 4 , 2 9 3 . 7 6 $ 0 . 3 3 $ 4 , 5 0 0 . 0 0 $ 4 0 , 5 0 0 . 0 0 $ 2 , 7 0 0 . 0 0 $ 2 4 , 3 0 0 . 0 0 $ 2,000.00$ 18,000.00$ 2,500.00$ 22,500.00$ 4,500.00$ 40,500.00$ 77 5 ' D i a m e t e r S a n i t a r y S e w e r M a n h o l e o v e r E x i s t i n g S e w e r L i n e ( 0 ' - 6 ' D e p t h ) 3 E A 6 , 0 0 0 . 0 0 $ 1 8 , 0 0 0 . 0 0 $ 3 , 4 2 8 . 2 2 $ 4 , 3 0 0 . 0 0 $ 5 , 1 7 1 . 7 8 $ 0 . 2 0 $ 5 , 5 0 0 . 0 0 $ 1 6 , 5 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 3,000.00$ 9,000.00$ 4,000.00$ 12,000.00$ 5,000.00$ 15,000.00$ 78 E x t r a M a n h o l e D e p t h ( > 6 ' D e p t h ) 1 0 0 V F 3 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 1 5 4 . 0 0 $ 2 3 8 . 0 0 $ 3 2 2 . 0 0 $ 0 . 3 5 $ 3 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 3 1 0 . 0 0 $ 3 1 , 0 0 0 . 0 0 $ 100.00$ 10,000.00$ 300.00$ 30,000.00$ 180.00$ 18,000.00$ 79 S a n i t a r y S e w e r M a n h o l e W a t e r t i g h t I n s e r t 4 E A 5 0 . 0 0 $ 2 0 0 . 0 0 $ 1 4 0 . 9 0 $ 2 6 5 . 0 0 $ 3 8 9 . 1 0 $ 0 . 4 7 $ 7 5 . 0 0 $ 3 0 0 . 0 0 $ 4 0 0 . 0 0 $ 1 , 6 0 0 . 0 0 $ 200.00$ 800.00$ 250.00$ 1,000.00$ 400.00$ 1,600.00$ 80 C o n n e c t t o E x i s t i n g S a n i t a r y S e w e r M a n h o l e 3 E A 6 5 0 . 0 0 $ 1 , 9 5 0 . 0 0 $ 6 6 7 . 6 6 $ 1 , 1 6 0 . 0 0 $ 1 , 6 5 2 . 3 4 $ 0 . 4 2 $ 1 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 1 , 3 0 0 . 0 0 $ 3 , 9 0 0 . 0 0 $ 2,000.00$ 6,000.00$ 1,000.00$ 3,000.00$ 500.00$ 1,500.00$ 81 C e m e n t S t a b i l i z e d B a c k f i l l 60 L F 2 5 . 0 0 $ 1 , 5 0 0 . 0 0 $ 4 3 . 8 7 $ 6 3 . 0 0 $ 8 2 . 1 3 $ 0 . 3 0 $ 9 5 . 0 0 $ 5 , 7 0 0 . 0 0 $ 5 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 45.00$ 2,700.00$ 75.00$ 4,500.00$ 50.00$ 3,000.00$ 82 C o n c r e t e E n c a s e m e n t 45 L F 2 5 . 0 0 $ 1 , 1 2 5 . 0 0 $ 3 8 . 0 7 $ 6 8 . 0 0 $ 9 7 . 9 3 $ 0 . 4 4 $ 1 2 5 . 0 0 $ 5 , 6 2 5 . 0 0 $ 7 0 . 0 0 $ 3 , 1 5 0 . 0 0 $ 45.00$ 2,025.00$ 45.00$ 2,025.00$ 55.00$ 2,475.00$ 83 P r e c o n s t r u c t i o n C l e a n i n g & T V I n s p e c t i o n 4 , 0 6 6 L F 3 . 0 0 $ 1 2 , 1 9 8 . 0 0 $ 1 . 4 0 $ 1 . 8 0 $ 2 . 2 0 $ 0 . 2 2 $ 2 . 0 0 $ 8 , 1 3 2 . 0 0 $ 2 . 0 0 $ 8 , 1 3 2 . 0 0 $ 1.00$ 4,066.00$ 2.00$ 8,132.00$ 2.00$ 8,132.00$ 84 P o s t c o n s t r u c t i o n C l e a n i n g & T V I n s p e c t i o n 4 , 0 6 6 L F 2 . 0 0 $ 8 , 1 3 2 . 0 0 $ 1 . 0 3 $ 1 . 4 0 $ 1 . 7 7 $ 0 . 2 7 $ 2 . 0 0 $ 8 , 1 3 2 . 0 0 $ 1 . 5 0 $ 6 , 0 9 9 . 0 0 $ 1.00$ 4,066.00$ 1.50$ 6,099.00$ 1.00$ 4,066.00$ Su b t o t a l : 4 , 2 3 3 , 6 1 0 . 0 0 $ Co n t i n g . ( % , + / - ) 5 2 1 2 , 3 9 0 . 0 0 $ To t a l B a s e B i d : 4 , 4 4 6 , 0 0 0 . 0 0 $ 3, 5 6 0 , 1 8 8 . 5 0 $ 3 , 6 6 9 , 1 3 5 . 0 0 $ 3,798,769.00$ 3,945,532.00$ 4,161,690.00$ Ad d i t i v e A l t e r n a t e I A- 1 S u b s t i t u t e 1 0 " H D P E I P S P E 4 7 1 0 D R 9 ( A W W A C 9 0 6 ) W a t e r P i p e b y H o r i z o n t a l D i r e c t i o n a l D r 4, 5 8 0 L F 9 0 . 0 0 $ 4 1 2 , 2 0 0 . 0 0 $ 9 7 . 1 3 $ 1 1 8 . 4 0 $ 1 3 9 . 6 7 $ 0 . 1 8 $ 1 2 5 . 0 0 $ 5 7 2 , 5 0 0 . 0 0 $ 1 2 7 . 0 0 $ 5 8 1 , 6 6 0 . 0 0 $ 100.00$ 458,000.00$ 90.00$ 412,200.00$ 150.00$ 687,000.00$ A- 2 S u b s t i t u t e 1 2 " H D P E I P S P E 4 7 1 0 D R 9 ( A W W A C 9 0 6 ) W a t e r P i p e b y H o r i z o n t a l D i r e c t i o n a l D r 30 0 L F 1 1 0 . 0 0 $ 3 3 , 0 0 0 . 0 0 $ 1 0 9 . 7 4 $ 1 5 3 . 6 0 $ 1 9 7 . 4 6 $ 0 . 2 9 $ 1 5 0 . 0 0 $ 4 5 , 0 0 0 . 0 0 $ 2 2 8 . 0 0 $ 6 8 , 4 0 0 . 0 0 $ 110.00$ 33,000.00$ 110.00$ 33,000.00$ 170.00$ 51,000.00$ Su b t o t a l : 4 4 5 , 2 0 0 . 0 0 $ Co n t i n g . ( % , + / - ) 5 2 2 , 3 0 0 . 0 0 $ B a s i s f o r C o s t P r o j e c t i o n : To t a l A d d i t i v e A l t e r n a t e : 4 6 7 , 5 0 0 . 0 0 $ 61 7 , 5 0 0 . 0 0 $ 6 5 0 , 0 6 0 . 0 0 $ 491,000.00$ 445,200.00$ 738,000.00$ To t a l d o e s n o t i n c l u d e c o s t s a s s o c i a t e d w i t h t h e p u r s u i n g o r a c q u i s i t i o n o f e a s e m e n t s o r R O W . No D e s i g n C o m p l e t e d Pr e l i m i n a r y D e s i g n Fi n a l D e s i g n City of Colleyville Bid Summary ‐ State Highway 26 Water & Sanitary Sewer Relocation Phase 2 Jackson Construction, LTD$3,669,135.00 CPS Civil$3,945,532.00 P & E Contractors, Inc.$3,560,188.50 North Texas Contractors$3,847,069.00 Ark Contracting Services, LLC$4,161,690.00 CONTRACTOR NAMEBID AMOUNT � � '� U .7 � ,..�i' rey,¢ "W,,., .", ��*c. V 6� �' (�` �. � : - - � � � � �� a-�� a-rJ,�,�..s.o- � n :,4 !� 7`�.� / �4-^ .`�i:,�,' " ��bA"'.to-n, _ ..�,.�'...�' +r?` f �, A"x /�' `�.�'� ��„%a� �7`,Fwe.'y,�✓/': nb'\ Svyv�, e P � y`' v°' �,^� rn tn ` i � o �� r �"r � f � .-�`l �"�2` �' ,• ,a`F �'�y'Rxc`R.`-�.'v��" � .ry � .� w 7a � � � , � , AV� P- e C T * / .: �.. ,n . t / , ..� " ��r � ai J"'s r�r re° ,"iV 1 � - � � n r.r- . i m .�- r f �, _ ''' . / 'r r s / � � �_ �� %a r � p .. t �; : t C.. ^ t � �s- z �� ' ..rt� i V .. � _ " -� !? m � �J r � r P �.�/l �'� � ,r � � .- :.�- e � ,� � � ir'.- C ; � . ' / a s ''_f r ! Q/y . - m .x _ - _: r A ` f �� } ' � � r� `y � :: ' .x .� � � �, � , cCq .. � , �� ,�<t � �"! i- � ,�, . €� _ _ y �NR r' /.� 4 .E ! i ,in,J' . , '" � " � " ` ` � �GyC�iT R� i"'. _ ` � �_r _ � � .� fi,>' "` °.. �^',;F '.� ��D� , ,� � Fr . _ ' -^'" --" -' i.' - _ -'- -�=�a � T -�� .'� � o r � � � \ _ 1 ..i � " .� � �� .1 � i- . " ..' ,, . . .. l..,!^ : . ' � ��. ,F�... � �' '� �, w � . � _ � � � .... r � .', � " Y' � �./ F J..1 . _; f (�-lr .. � "^i% ' ". I�� , F w,'.' ,� ` l\ �. � ,- "y6 . ;� . � .�f .r , ' j- r-' -., a -�, , . � _ ° • �� ' �'� , r- � rl � ,.,v , �, r �� : `j� �.. . - , "s. �� . *.. P � v^ .- - � :� �� A, /� l �:`a 1.:. r .. . �V -' N i r: . 'i � . :' r� / � /�f( \ �L' / J� .,,�" ,t � . d'"; �, + � a ir > r Fj� y�l �' , � . K r .r � vj � f r ,, "` s RO i ��.� " �, � i i — � . � , t ' � . t . � � � �GO ^ � ` ` . � ! ; �"/Oy/ �_ ` + .. , � �. /`4. �' ._ �.� 3, ( �l/ 'l� Y Y'� . /` ��x I � . � � . � � l . .. � �/ •/` /LO. FJ ��. p /{ .�. �/`�� .. 1 /'. �1^ L; � . ;e� � ��C• �� r. � jL:I r � � �,,,"1 � ✓ � r`,. n ;-• �!` �� . � * f '�j ` �-n �.� : d �',:� / / _ � ,' � � p� �, '` �� , � Q � j > ', �. " p � �� ,, " �., � y L � "' �/"�e ; � �� Qy vQ�r t i �. PJ- .� - °' ; �t.n r� � ... ^ � ,rA"a � / 1 �O _ ^ � '. �� . „y . `�, f' r.\ .' n, . '�,- F�;�. -4�. ' i � � . t. �.. � _ ' .�-� n . �r�. . ' � � ` . / /; � ,a .,(��/� /� l �� n i ^� � � d h ='r � � v d;�. /�,� , �.� � - . :."r ^ � �r � 1� 4a �'F � �tl �Q � !�. (, � : �ti f � r � ) C �� / '3 .. : � . J� ��Q�� ., � ' -� t:' ? �! / a 'ia. S v 6 / r �.^ _ > "�/,� ✓.y�, iy,,. . ✓Qy ' '.r / { `' �Tr f e,ro, �� ?t��' 0 / :� � ` `, � i � . �.. `/' _�' �/i5' 4 . i.� ?� � .� � � .. �,�� .✓ ",/ r -.s/ sq �p.r�5' � .� ' ��/Rp � �;. "' -� `:" l'��,.7� , „� L � g�. C�� / f � .- � �' ��i � �� :� y, ,r ' A ' �S-e' -° � r C' �� i ° 7 ' ' n � '�i� 4 . :�„ ,�_ . ''n ,��'�'� �''FT l � � f'�'�l '� � °'P %' \"�' ' �> �^ �� /��`l "�.� .- O -, r . ( _. . � .". �. v .GO� y� .. u, ` 1�' � � ' , P �—, � �� Q', �� `. � 6 /�./�„/�,� '. e �C ,. A ,�� .t � � � ��; f i �.r � e9 f.c � ��. � ' r � y � ' l ..s. �� n �/°� l n'•r � ti/ �' Y ,'��•r ,� '� >. � > . , O+ �� / . � r J�. ` ", �" i �� r, Y c : ? , Q. > � / _ � / . ✓ i ' � -r r � .� a r.�� p .. • e � �. .' �' � � � .�r rc � eC�ti � ! , .` "`ti \ '`; ; '✓ _ . . P ^^^' ' � �r" P � � . / /` ' �. �i %� � ' i � .: . - � /.��' ; ' + n, !�i - ' r �. '�� ». ,� � � / " . � '^ . ,` -/' �_ . � � �c�o� � � �� Exhibit 1 � �=� . �: �---J'� o ti �� --= c� �: , R � / ' ' , �- ,: phase 2 Water & Sanitary `' �� ._ �. � , �`! � `� '�'j, ��` '. ^ : �. � � � "� �- ��A � ' Y , , �-, � Sewer Relocation _ _ �� '� , � �'� ��o��> �,'�;� - � � �� ' , �; � �for Collevville Boulevard - s � r � .,p fl - � { � . . _ �w � r:, ,,� �F�,,� � �� _ �� Proposed Water ? � � £ s � � ` � ` ` �� ; � Proposed Sewer < � � �' rmr F � ��, e �� :- ?��M1 . .- � .. _ ._ �..f .,_ � � _ L., s_� ... _._ ,_ _... .. � . _ ... . � ... : a .. _ , _a f.�.�'' 7`lvi.; .«. RESOLUTION R-13-3615 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH P & E CONTRACTORS, INC., FOR COLLEYVILLE BOULEVARD (SH26) WATER AND SANITARY SEWER RELOCATION – PHASE 2, IN AN AMOUNT NOT TO EXCEED $3,560,188.50, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT WHEREAS,the Texas Department of Transportation (TxDOT) requires that City water and sanitary sewer lines and franchise utilities be relocated from existing locations if they are in conflict with the future Colleyville Boulevard (SH26) reconstruction; and WHEREAS,the water and sanitary sewer relocations are necessary due to Colleyville Boulevard (SH26) road construction; and WHEREAS,the City of Colleyville desires to relocate water and sanitary sewer lines along Colleyville Boulevard (SH26), from John McCain Road to Centerpark Drive; and WHEREAS,the City of Colleyville accepted bids for this project and desires to enter into a construction contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the construction contract with P & E Contractors, Inc., in an amount not to exceed $3,560,188.50, for Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation – Phase 2, is approved. Sec. 2.THAT the city manager is authorized to execute the contract. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND ________ ABSTENTIONS ON THIS THE 2ND DAY OF APRIL 2013. Resolution R-13-3615 Page 2 of 2 ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 9 Agenda Date 04/02/2013 Type Report Department City Secretary Title Planning and Zoning Commission Minutes - February 11, 2013 Attachments 1.Planning and Zoning Commission Minutes - February 11, 2013 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 11, 2013 City Council Chambers CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 11, 2013 at 7:05 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Jim Gotcher, and Jeff Byerly Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Jeremy Hutt, Dale Crown, Rob McKeown, and Marty Wieder INVOCATION The invocation was given by Commissioner Davis 1. APPROVAL OF MINUTES Commissioner Knox moved to approve the January 28, 2013 meeting minutes as written. Commissioner Davis seconded. The motion to approve as written carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a request for an amendment to the PUD -R-PUD Residential zoning and development requirements on Tracts 1B,1B1, 1B01, 1B2, 1B4, 1B5, Abstract 685, of the John H Havins Survey and Tract 6, Abstract 352, of the Elizabeth Cox Survey located at 3805 Glade Road and 4900 and 4908 Heritage Avenue, Case ZC12-031 Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 2 Ron Ruthven presented the case and briefed the Commissioners. The public hearing was opened at 7:14 p.m. Bret Pedigo, on behalf of the applicant, came forward and briefed the Commissioners. Commissioner Gotcher questioned Mr. Pedigo regarding the relocation of the trail. Mr. Pedigo replied the trail will see more traffic on Heritage Avenue. Commissioner Dudziak questioned Mr. Pedigo regarding the ten foot buffer along the western perimeter of the development and if the buffer would reduce the lot sizes. Mr. Pedigo replied the buffer is within the lot and is there to preserve the existing natural vegetation. He further explained this area will be the responsibility of the homeowner. Commissioner Dudziak further questioned if a fence would be placed along the buffer. Mr. Pedigo replied there is an existing fence that will be used. Commissioner Dudziak questioned Mr. Pedigo regarding the ingress and egress of traffic of the commercial lots; and what types of uses were being proposed. Mr. Pedigo replied, based on staff comments, general office and retail is preferred in this location. Discussion continued between Commissioner Dudziak and Mr. Pedigo regarding the ingress and egress of the commercial lots. Commissioner Dudziak questioned Mr. Pedigo regarding the cross-sections and entrances for the commercial lots off of proposed Street “A”. Mr. Pedigo replied they will ensure the gates for the residential development are far enough back so that access to the commercial development is not an issue. Commissioner Dudziak questioned Mr. Pedigo regarding if the church had been contacted to make an agreement with them for access. Mr. Pedigo replied the church was contacted, but did not have a request for access. He further explained the church did make mention that parking may be an issue for them with the new development. Discussion continued between Commissioner Dudziak and Mr. Pedigo regarding access for the church and the commercial properties. Commissioner Dudziak questioned staff regarding if an easement is required between commercial properties. Ron Ruthven replied according to the ordinance, commercial properties which front a collector or an arterial, must provide mutual access to reduce the number of driveway cuts. He further explained a mutual access easement would be a requirement for the plat. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 3 Discussion continued between Commissioner Dudziak and staff regarding mutual access between the commercial lots and the church. Commissioner Phelps questioned Mr. Pedigo regarding the abrupt stop of the trail just before Glade Road, and the anticipated connection on Glade Road. Mr. Pedigo replied the section in question is a right-of-way dedication. Commissioner Phelps questioned Mr. Pedigo regarding the addition of the lakes and the water features, and if they increased or decreased the capacity of heavy runoff during heavy rain. Mr. Pedigo replied they are designed for both, heavy runoff and retention. Discussion continued between Commissioner Phelps and Mr. Pedigo regarding the lakes and water features. Commissioner Byerly questioned Mr. Pedigo regarding the architectural standards that were written in the PUD. Mr. Pedigo replied their builders are held to a very high standard, and the architectural standards will be enforced whether or not they are written in the PUD. Commissioner Dudziak questioned Mr. Pedigo regarding if the amenities, such as gazebos, sidewalks, open space and playground equipment would be installed with this phase. Mr. Pedigo replied their focus would be on trails and open space. He further explained their demographics did not have much of a need for playground equipment. Discussion continued between Commissioner Dudziak and Mr. Pedigo regarding the amenities. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Phelps questioned staff regarding the inclusion of ponds in the drainage plan. Jeremy Hutt replied the developer would be required to design the ponds to accommodate the drainage. He further explained the proposed plans meet the requirements. Commissioner Phelps questioned Jeremy Hutt regarding the phasing of a development. Jeremy Hutt replied when a development is started, the developer is required to plan ahead for any subsequent phases, while still accommodating all of the needs of the original phase. Discussion continued between Commissioner Phelps and Jeremy Hutt regarding phasing of developments. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 4 Commissioner Phelps questioned Jeremy Hutt regarding if it were possible to complete the section of trail that was left off of the concept plan if the owner , of the property in question, were not involved. Jeremy Hutt replied the trail would not be completed until the property in question was developed. Discussion continued between Commissioner Phelps and Jeremy Hutt regarding construction of the trail. The public hearing was re-opened at 7:51 p.m. Gina Head, 3613 Winewood Place, came forward and spoke in opposition of the development. There being no one else wishing to speak, the public hearing was closed at 7:54 p.m. Mr. Pedigo came forward to address comments. Commissioner Byerly questioned staff regarding the buffer and setbacks for Phase 2. Ron Ruthven replied there would be a 20-foot setback which the home could not extend beyond. He further explained Chapter 5 – Tree Preservation of the Land Development Code. Commissioner Gotcher questioned staff regarding the sidewalk and trail requirements. Ron Ruthven replied staff supported the developer’s plans for the sidewalk and trail. Commissioner Byerly questioned staff regarding the previous developer and the decision to require the trail to be constructed through the development versus being constructed along Heritage Avenue; and what is staff’s opinion on the location of the trail, in relation to a gated community? Ron Ruthven replied, although, it would be aesthetically pleasing to have the trail run through the community, it makes more sense to have the trail constructed along Heritage Avenue. Commissioner Wheelwright questioned staff regarding whether or not it would be the prerogative of the homeowners, of this gated community, to also gate the portion of the trail that would run through their subdivision. Ron Ruthven replied the plat or the PUD ordinance would need to call out the trail as a public access easement or pedestrian access easement. Commissioner Phelps questioned staff regarding the use of the trail. Ron Ruthven replied would be for both, bicycles and pedestrians. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 5 Discussion occurred between the Commissioners regarding the pros and cons of the sidewalk or trail system. Commissioner Phelps made a motion to approve case ZC12-031 with the following amendment: Trails 25 and 26 will be developed in accordance with Colleyville’s Pathways Plan; and will connect to Trail 24, which shall be constructed along the west side of Heritage Avenue, prior to the acceptance of public improvements. Commissioner Davis seconded. Commissioner Dudziak made a friendly amendment to allow mutual access for the church. Commissioner Phelps accepted. Commissioner Phelps stated, in fact, mutual access was needed along all of the northern properties. Commissioner Davis also accepted the amendment. Commissioner Byerly made a friendly amendment to omit Sections 5 – C through F. He further explained these items are more appropriate for homeowner association covenants and restrictions. Commissioner Phelps and Commissioner Davis both accepted Commissioner Byerly’s amendment. Mr. Pedigo came forward to address the motion and amendments. Discussion occurred between Mr. Pedigo, the Commissioners, and staff regarding mutual access. Discussion continued between the Commissioners and staff regarding how to address mutual access between the development and the church. Commissioner Byerly clarified that the amendment, for mutual access, would only be for the property along the western boundary, along Glade Road. Commissioner Phelps, Commissioner Davis, and Commissioner Dudziak all accepted. Commissioner Gotcher questioned staff regarding the inclusion of requirements for the traffic signal for Heritage Avenue and Cheek-Sparger Road. Ron Ruthven replied the city cannot make the developer pay for the entire addition of traffic signals. He further explained this could be included in a City/Developer Agreement. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 6 The motion to approve with the amendments: 1.) As shown on the Colleyville Pathways Plan, Trail 24 must connect to all other trails as shown on the Colleyville Pathways Plan 2.) A mutual access easement shall connect to the property immediately to the west of the subject property along Glade Road from the open space lot 3.) Section 5(5)c through f in the proposed ordinance that relate to residential design standards shall be deleted from the ordinance carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 8:18 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on March 25, 2013 by a vote of 7-0. RESOLUTION R-13-3616 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 2, 2013 WHEREAS,City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the agenda decisions approved by City Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a.THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________NAYS, AND ________ ABSTENTIONS ON THIS THE 2ND DAY OF APRIL 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor