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HomeMy WebLinkAboutCity Council-Minutes-2/5/2008''"' Cit of Colle V~~~e 100 Main Street `'~.~m_ Y Y Colleyville, Texas 76034 ~~ ~ (817) 503-1000 '~~' ,.~ Agenda www.colleyville.com City Council Tuesday, February 5, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation by Oncor Electric Delivery of alternative power pole costs along SH26 PC-2 Discussion of the use of a citizen survey to evaluate public interest in the development of a commuter rail facility in conjunction with the Cotton Belt Commuter Rail Line PC-3 Discussion of the Trans-Texas Corridor Committees PC-4 Discussion of the February 5, 2008, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court City of Colleyville Page 1 Printed on 2/1/2008 City Council Agenda February 5, 2008 Sec. 551.071 - Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding transportation initiatives Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Craig Etheredge, First Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2934 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation Sports Turf Managers Association's 2007 Soccer Field of the Year Award -Troy Crawford, Parks Supervisor and Chuck Majors, Parks Superintendent 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2935 4a Approval of the minutes of the regular City Council meeting held on January 15, 2008 4b Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields City of Colleyville Page 2 Printed on 2/1/2008 City Council Agenda February 5, 2008 4c Approval of a Nonexclusive Distribution Agreement with North Texas Tollway Authority of Texas for the issuance of tolltags 4d Approval of a donation of a bench in memory of John Foreman 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1655 Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 5b 0-08-1656 Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 5c 0-08-1657 Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1658 Approval of a request for a zoning change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-08-001 6b 0-08-1659 Approval of a request for a zoning change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 6c 0-08-1660 Approval of a request for a Special Use Permit for outside display and storage on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, Case Z-08-004 6d 0-08-1661 Approval of an amendment to Ordinance 0-04-1485 regarding Chapter 18-Buildings and Building Regulations, Case G-08-006 6e 0-08-1662 Approval of an amendment to the 2003 International Fire Code local amendments regarding LPG tank size in residential areas 6f 0-08-1663 Approval of a Settlement Agreement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division City of Colleyville Page 3 Printed on 2/1/2008 City Council Agenda February 5, 2008 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2936 Consideration of appointment to the Traffic Safety Advisory Committee 7b R-08-2937 Consideration of appointments to the Celebrate Colleyville Steering Committee 7c R-08-2938 Consideration of appointment to the Historical Preservation Committee 7d R-08-2939 Calling a General Election for May 10, 2008, for the purpose of electing Councilmembers to Place 3 and Place 4 7e R-08-2940 Acceptance of the annual audit for Fiscal Year Ended September 30, 2007 7f R-08-2941 Consideration of an appeal of the decision by the Sign Board of Appeals, for a variance regarding a monument sign on Lot 2A, Block 1 of the Docs Addition, located at 4400 Colleyville Boulevard, Case G-08-009 7g R-08-2942 Consideration of establishing an ad hoc citizens committee to evaluate development of a commuter rail facility in conjunction with the Cotton Belt Commuter Rail Line 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Celebrate Colleyville Steering Committee Minutes -November 7, 2007 Historical Preservation Committee Minutes -November 8, 2007 Planning and Zoning Commission Minutes -December 10, 2007 Sign Board of Appeals Minutes -December 11, 2007 Senior Center Advisory Committee Minutes -December 20, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 5, 2008 -Reading and Public Hearing -Resolution R-08-2943 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 1, 2008, by 5:00 p.m. City of Colleyville Page 4 Printed on 2/1/2008 City Council Agenda February 5, 2008 1 ,, ~ ~ ~~ U V Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 5 Printed on 2/1/2008 '~ City of Colleyville 100 Main Street ~~~ Eli Colleyville, Texas 76034 City Council Minutes 817.503.1000 n~a..~ ~ www.colleyville.com City Council Tuesday, February 5, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 5, 2008 at 5:34 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, Management Assistant Jeremy Moore, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:01 p.m. Councilmember Rich Hendler arrived at 7:10 p.m. PC-1 Presentation by Oncor Electric Delivery of alternative power pole costs along SH26 Public Works Director Steve Chutchian provided information regarding the possible relocation of utility poles on SH26. Mr. Robert Martinez, Project Manager, Oncor Electric Delivery, presented information regarding the costs associated with the replacement of existing wooden utility policies with fiberglass poles along SH26, durability of fiberglass poles, timeline for installation and pole inventory storage arrangements. Mr. James Chase and Mr. Carlos De La Torre, Oncor Electric Delivery, were present to answer questions of the City Council. There was general discussion regarding pole color, purchasing economy of scale and the repair of poles. It was determined that an item will be placed on a future City Council agenda for further discussion. City of Colleyville Page 1 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 PC-2 Discussion of the use of a citizen survey to evaluate public interest in the development of a commuter rail facility in conjunction with the Cotton Belt Commuter Rail Line Mr. Raymond Turco, Raymond Turco and Associates provided an overview of the process to conduct a citizen survey to evaluate public interest in the development of a commuter rail facility in conjunction with the Cotton Belt Commuter Rail Line and answered questions of the City Council. There was general discussion regarding the survey content and level of participation in the survey. PC-3 Discussion of the Trans-Texas Corridor Committees Management Assistant Jeremy Moore provided information regarding opportunities to serve on the Trans-Texas Corridor committees established by the Texas Transportation Commission and requested direction regarding City Council's desire to participate. It was determined that Councilmember Tony Licata would serve on the Corridor Advisory Committee and additional information would be provided by staff regarding service on the Corridor Segment Committee. PC-4 Discussion of the February 5, 2008, City Council regular agenda items Councilmember Wollin stated that she would recuse herself from considering Agenda Item 6b due to a conflict of interest. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:55 p.m. City of Colleyville Page 2 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 5, 2008 at 6:56 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, Management Assistant Jeremy Moore, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 - Legal - Discussion of pending litigation - Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 - Property - Deliberate the purchase, lease, sale, exchange or value of real property regarding transportation initiatives Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road City of Colleyville Page 3 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:57 p.m. and reconvened at 7:32 p.m. INVOCATION: Pastor Craig Etheredge, First Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2934 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Taylor encouraged citizens to attend the Colleyville Heritage High School production of Bye Bye Birdie. Mayor Kelly presented a plaque to Troy Crawford, Parks Supervisor and Chuck Majors, Parks Superintendent in recognition of the Sports Turf Manager's Association 2007 Soccer Field of the Year Award. Parks Superintendent Chuck Majors commended Parks Supervisor Troy Crawford and the Parks staff for their commitment to attaining the award. Parks Supervisor Troy Crawford expressed appreciation to the City Council, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, City Manager Bill Lindley and Assistant City Manager Kelly Cooper for their support. Mayor Kelly announced the opening of McPherson Park and commended Parks staff for the development of the park. City of Colleyville Page 4 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 4. 4a 4b 4c 4d 5. 5a Mayor Kelly read the caption of Ordinance 0-08-1655. Community Development and Business Strategies Director Chris Fuller provided an overview of the proposed amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2935 Approval of the minutes of the regular City Council meeting held on January 15, 2008 Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields Approval of a Nonexclusive Distribution Agreement with North Texas Tollway Authority of Texas for the issuance of tolltags Approval of a donation of a bench in memory of John Foreman Mayor Kelly read Resolution R-08-2935 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2935. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-08-1655 Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 City of Colleyville Page 5 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 There was general discussion regarding the proposed elimination of a reserve fund for the maintenance and replacement costs for private streets and the Homeowner's Association's responsibility for the maintenance and reconstruction of private streets. Councilmember Taylor moved to approve Ordinance 0-08-1655. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5b 0-08-1656 Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Mayor Kelly read the caption of Ordinance 0-08-1656. 5c Mayor Kelly read the caption of Ordinance 0-08-1657. Mayor Kelly opened the public hearing. Mr. James Moore, 1416 Glade Road, spoke regarding economic development and recognizable signs. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1656. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 0-08-1657 Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 City of Colleyville Page 6 Prinfed on 6/30/2008 City Council City Council Minutes February 5, 2008 Councilmember Taylor moved to approve Ordinance 0-08-1657. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1658 Approval of a request for a zoning change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-08-001 Mayor Kelly read the caption of Ordinance 0-08-1658. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a zoning change from R40-Single Family Residential to R30-Single Family Residential and stated since the Planning and Zoning Commission recommended denial, the request can only be approved by a supermajority vote by the City Council. Mayor Kelly opened the public hearing. Mr. Jerry Moore, 700 Shelton Drive, applicant, provided information regarding the proposed development of the property. Mr. James Day, 805 Shelton Drive, spoke in favor of the proposed ordinance. Ms. Dinah Stephens, 605 Shelton Drive spoke in favor of the proposed ordinance. Mr. Charles Huggins, 700 Shelton Drive, spoke in favor of the proposed ordinance. Ms. Kathryn Day, 805 Shelton Drive, spoke in favor of the proposed ordinance. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 7 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 6b 0-08-1659 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 Councilmember Wollin recused herself from consideration of this item due to a conflict of interest. Mayor Kelly read the caption of Ordinance 0-08-1659. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a zoning change from AG-Agricultural to R20-Single Family Residential and stated since opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson Circle, provided an overview of the proposed development and spoke regarding a drainage analysis, flood control plan and the tree population. Mr. Robert Potter, 1104 Chatsworth, President, Lakes of Somerset Homeowners' Association, spoke regarding concerns of increased water flow and the desire for the Homeowners' Association's engineer to inspect the implementation of drainage and silt fencing, the design and drainage plan, and for the developer to post a bond in the amount $1,000,000 for claims of damage to property. Mr. Steve Symonds, 4513 Dartmoore, spoke in favor of the proposed ordinance and expressed concerns about ponds flooding in the Lakes of Somerset sub-division and requested an equity account for the protection of ponds in the Lakes of Somerset sub-division Mr. Harold Whitten, 1209 Garry Lynne, spoke in favor of the proposed ordinance and regarding flooding issues on personal property and the Lakes of Somerset sub-division and stated a preference for R30 zoning. Mr. Wes Lansford, 1313 Glade Road, spoke in opposition to the proposed ordinance and regarding lot size and drainage issues. Mr. Steve Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 8 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 Mr. Curtis Young, applicant, answered questions of the City Council and agreed to work in conjunction with the Lakes of Somerset Homeowners' Association engineer regarding the drainage plan. Councilman Licata asked the City Attorney for the procedural steps if by some process, the applicant was to decide to try to present this very same plan as a PUDR. City Attorney Matthew Boyle stated, "the question there is one of lot use intensity and based on the way this case was noticed and presented to the extent that it could be evolved to a case where it is no more intensive than what was noticed and applied for in the instant case than that could be considered as part of this case just the same as if the Council wished to consider R30 instead of R20, you could do that, because that is a less intensive use than a more intensive use." Councilmember Licata asked the City Attorney if the case would have to be sent back to the Planning and Zoning Commission, if the Council chose to accept the plan and the plat and do so by approving a PUDR with this plat attached as opposed to an R20. City Attorney Matthew Boyle stated, "a whole lot of that depends on the manner in which the PUDR came about. You have a lot of things that are absent in this application that would be necessarily required as part of a PUDR. That is a longer way of saying it depends on what manner it came back as." Mayor Kelly asked the City Attorney if a preliminary plat can be changed. City Attorney Matthew Boyle stated, "Plat considerations and plat approvals are ministerial in nature and any plat application, so long as it meets the minimum basic requirements of the subdivision ordinance, must be approved by the City Council and that gives the applicant the ability to apply for a revision down the road, as long as it is consistent with the zoning ordinance and the subdivision ordinance." Mr. Boyle further stated, "A plat is not permanently long term binding." 6c 0-08-1660 Approval of a request for a Special Use Permit for outside display and storage on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, Case Z-08-004 Mayor Kelly read the caption of Ordinance 0-08-1660. City of Colleyville Page 9 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 Community Development and Business Strategies Director Chris Fuller provided information regarding the outside sales and storage areas and outlined the Planning and Zoning Commission and staff recommendations. Mayor Kelly opened the public hearing. 6d 6e 6f Ms. Victoria Rader, 401 Exposition, Dallas, Texas, representing the applicant, spoke regarding the proposed business. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the aesthetics of the outside storage area and the impact to the surrounding area. 0-08-1661 Approval of an amendment to Ordinance 0-04-1485 regarding Chapter 18-Buildings and Building Regulations, Case G-08-006 Mayor Kelly read the caption of Ordinance 0-08-1661. Community Development and Business Strategies Director Chris Fuller provided an overview of the proposed amendment. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 0-08-1662 Approval of an amendment to the 2003 International Fire Code local amendments regarding LPG tank size in residential areas Mayor Kelly read the caption of Ordinance 0-08-1662. Fire Chief Mike Johnston reviewed the proposed amendment to the Fire Code regarding the liquified petroleum gas tank size for residential areas. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 0-08-1663 Approval of a Settlement Agreement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division City of Colleyville Page 10 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 Mayor Kelly read the caption of Ordinance 0-08-1662. 7. 7a 7b Mayor Kelly read Resolution R-08-2937 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the proposed settlement agreement between the Atmos Cities Steering Committe and Atmos Energy Corporation, Mid-Tex Division and stated that the Committe recommends approval. Mayor Kelly stated Ms. Mary Jean Maloney, Atmos representative, could not attend the meeting this evening. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. RESOLUTION(S): READING AND PUBLIC HEARING R-08-2936 Consideration of appointment to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-08-2936 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Kelly nominated Mr. Carl Mitcham. There were no other nominations. Mayor Kelly moved to approve Resolution R-08-2936, appointing Mr. Carl Mitcham to the Traffic Safety Advisory Committee with a term expiring December 2009. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor R-08-2937 Consideration of appointments to the Celebrate Colleyville Steering Committee City of Colleyville Page 11 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 Mayor Kelly opened the public hearing. 7c R-08-2938 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Hart moved to approve Resolution R-08-2937, appointing Ms. Sherry Pipkin and Mr. Chuck Baudrau to the Celebrate Colleyville Steering Committee with a term expiring December 2009. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointment to the Historical Preservation Committee 7d R-08-2939 Mayor Kelly read Resolution R-08-2938 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Licata moved to approve Resolution R-08-2938, appointing Mr. Richard Jackson to the Historical Preservation Committee with a term expiring September 2009. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Calling a General Election for May 10, 2008, for the purpose of electing Councilmembers to Place 3 and Place 4 Mayor Kelly read Resolution R-08-2939 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 12 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-08-2939. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7e R-08-2940 Acceptance of the annual audit for Fiscal Year Ended September 30, 2007 Mayor Kelly read Resolution R-08-2940 in its entirety. Mayor Kelly opened the public hearing. Mr. John Manning, Patillo, Brown and Hill, 401 West Highway 6, Waco, Texas, provided an overview of the audit report and stated the City received an unqualified audit rating, which is the highest rating awarded and commended Finance Director Terry Leake, staff and the City Council for assistance and support of the audit process. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-08-2940. Councilmember Taylor seconded the motion. Mayor Kelly expressed appreciation to Mr. Manning and Finance Director Terry Leake and staff for managing the City's assets. City Manager Bill Lindley commended City Council for the oversight and management of the budget. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7f R-08-2941 Consideration of an appeal of the decision by the Sign Board of Appeals, for a variance regarding a monument sign on Lot 2A, Block 1 of the Docs Addition, located at 4400 Colleyville Boulevard, Case G-08-009 Mayor Kelly read Resolution R-08-2941 in its entirety. City of Colleyville Page 13 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 Community Development and Business Strategies Director Chris Fuller stated the Sign Board of Appeals denied a request for a sign along SH26 and provided an overview of the request for a variance regarding the construction of a monument sign located on SH26. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the proposed height and location of the sign and the impact of the reconstruction of SH26 on sign design. Mayor Kelly moved to approve Resolution R-08-2941. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7g R-08-2942 Consideration of establishing an ad hoc citizens committee to evaluate development of a commuter rail facility in conjunction with the Cotton Belt Commuter Rail Line Mayor Kelly read Resolution R-08-2942 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2942. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. City of Colleyville Page 14 Printed on 6/30/2008 City Council City Council Minutes February 5, 2008 9. REPORTS: Celebrate Colleyville Steering Committee Minutes -November 7, 2007 Historical Preservation Committee Minutes -November 8, 2007 Planning and Zoning Commission Minutes -December 10, 2007 Sign Board of Appeals Minutes -December 11, 2007 Senior Center Advisory Committee Minutes -December 20, 2007 There was no action taken on this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 5, 2008 -Reading and Public Hearing -Resolution R-08-2943 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:21 p.m. APPROVED BY A VOTE OF AYES, !~ AND D ABSTENTIONS ON THIS THE DAY OF 2008. Cynthia Singleton, TRMC, C City Secretary City of Colleyville Page 15 Printed on 6/30/2008