HomeMy WebLinkAboutCity Council-Minutes-8/3/2010.°`-
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_ City of Colleyville 100 Main Street
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Agenda 817. 503.1000
' www.colleyville.com
City Council
Tuesday, August 3, 2010 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 State of the Hospital address by Mr. Doug Lawson, President, Baylor
Regional Medical Center at Grapevine
PC-2 Discussion of the interlocal agreement between the City of Colleyville
and the City of Euless, Texas for the construction of Heritage Avenue
improvements between Cheek-Sparger Road and Glade Road
PC-3 Presentation of proposed Fiscal Year 2011 (FY 2011) events and draft
policy
PC-4 Presentation and discussion of the Fiscal Year 2010 (FY 2010) Work
Plan update for the third quarter
PC-5 Discussion of the August 3, 2010 City Council meeting 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 -Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Section 551.072 -Property -Deliberate the sale, exchange or value of
real property -Old City Hall property
Section 551.087 - Economic Development -Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand within the City
City of Colleyville Page 1 Printed on 7/30/2010
City Council Agenda August 3, 2010
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Rickey Texada, Covenant 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-10-3251
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Recognition of the graduates of the- First Annual Colleyville Fire
Department Kid's Camp -Mayor David Kelly and Fire Chief Russell
Shelley
Presentation of the Government Finance Officers Association (GFOA)
award -Mayor David Kelly and Assistant City Manager and Chief
Financial Officer Terry Leake
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3252
4a Approval of the minutes of the regular City Council meeting of July 20,
2010
4b Approval of the minutes of the City Council Worksession of July 22,
2010
4c Approval of the disposal of obsolete and non-serviceable equipment and
vehicles
4d Approval of a five-year lease agreement between the City of Colleyville
and USA Mobility Wireless, Inc., for housing and operation of
communications equipment at 312 McDonwell School Road, and
authorize the City Manager to execute the lease
4e Approval and adoption of the 2010 certified tax roll
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City Council Agenda August 3, 2010
4f Approval of a bid award for health and dental insurance to Aetna and
authorize the City Manager to execute the agreement
4g Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit
services for fiscal year ended September 30, 2010, in the amount of
$41,175
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-10-1760 Approval of a request for an amendment to the PUDR-Planned Unit
Development Residential zoning and development regulations for the
Cambridge Place Addition located in the 800 block of Creekview Lane,
Case ZC 10-015
5b 0-10-1761 Approval of a request to rezone 8.1 acres from the CC2-Shopping
Center zoning district to the PUDC-Planned Unit Development
Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H.
Survey located at 8100 Precinct Line Road, Case ZC10-017
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-10-1762 Approval of a request for a Special Use Permit for a Package Store on
Lot 2, Block 1, of the Glade Points Addition located at 4200 Glade Road,
Case ZC10-011
6b 0-10-1763 Approval of a request for a Special Use Permit for a Package Store on
Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405
Colleyville Boulevard, Case ZC10-012
6c 0-10-1764 Approval of a request for a Special Use Permit for a Package Store on
Lot 10, Block 23, of The Village at Colleyville Condo Addition located at
62 Main Street, Suite 110, Case ZC10-013
7. RESOLUTION(S):
READING AND PUBLIC HEARING
7a R-10-3253 Consideration of appointment to the Park Land Dedication Committee
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
City of Colleyville Page 3 Printed on 7/30/2010
City Council Agenda August 3, 2010
9. REPORTS:
Historical Preservation Committee Minutes -June 9, 2010
Planning and Zoning Commission Minutes -July 12, 2010
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 3, 2010
- Reading and Public Hearing -Resolution R-10-3254
11. ADJOURNMENT:
I hereby certify the above agend ~
30, 2010, b~~0 p.m.
C~hthia Singleton, TRMC, CMC
City Secretary
posted on the bulletin boards at City Hall on Friday, July
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 Printed on 7/30/2010
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City of Colleyville
City Council Minutes
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, August 3, 2010
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on August 3, 2010, at 5:41 p.m.
ROLL CALL: Councilmembers Michael Muhm, Stan Hall, Tom Hart,
Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Jennifer Fadden, Assistant City Manager
and Chief Financial Officer Terry Leake, Police Chief Steve Dye,
Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley,
Public Works Director Steve Chutchian, Community Development
Director Ron Ruthven, Library Director Mary Rodne, Human
Resources Manager Elise Welborn, Colleyville Center Manager Lin
Przybyl, Economic Development Director Marty Wieder, Finance
Manager Karen Hines, Communications and Marketing Director
Mona Gandy, Parks and Recreation Director Monica Walsh,
Marketing Coordinator Ashley Stathatos, Management Assistant
Christine Loven, Information Services Manager Chris Pena, City
Attorney Matthew Boyle and City Secretary Cynthia Singleton were
also present.
Councilmember Carol Wollin was absent.
PC-1 State of the Hospital address by Mr. Doug Lawson, President, Baylor
Regional Medical Center at Grapevine
Mr. Doug Lawson, President, Baylor Regional Medical Center at
Grapevine, introduced Ms. Dee Dee Ogrin, Director of Marketing and Ms.
Rachel Nobles, Community Relations Coordinator, and provided an
overview of the history of the hospital, capital projects, services,
community outreach and answered questions of the City Council.
Discussion ensued regarding health care reform.
PC-2 Discussion of the interlocal agreement between the City of Colleyville
and the City of Euless, Texas for the construction of Heritage Avenue
improvements between Cheek-Sparger Road and Glade Road
Community Development Director Ron Ruthven provided information
regarding an interlocal agreement between Colleyville and the City of
Euless, which provides for the design and construction of the proposed
City of Colleyville Page 1 Printed on 8/19/2010
City Council City Council Minutes August 3, 2010
Heritage Avenue improvements south of Glade Road, the feasibility of a
potential annexation agreement with Euless regarding property located
at the northwest corner of Heritage Avenue and Cheek-Sparger Road
and outlined the options for City Council consideration.
PC-3
PC-4
City Council determined the City should extend the agreement with the
City of Euless for two years and staff may explore the feasibility of
annexation of the property located at the northwest corner of Heritage
Avenue and Cheek-Sparger Road.
Presentation of proposed Fiscal Year 2011 (FY 2011) events and draft
policy
Economic Development Director Marty 1Nieder presented the proposed
Fiscal Year 2011 Events Policy, which is a proposed guide for the
structure and funding for the City's special events, outlined the proposed
City events and funding sources and answered questions of the City
Council.
Councilmember Muhm requested the City be designated as a co-owner
of events in the Events Policy.
City Council determined the Celebrate Colleyville Steering Committee
should be renamed and membership increased to provide for broader
responsibility for City events.
Economic Development Coordinator Ashley Stathatos provided an
overview of proposed events and answered questions of the City
Council.
Discussion ensued regarding the consolidation of not-for-profit
organizations, community and City department events for maximum
exposure and participation and cost management and the size and
funding of events.
City Manager Jennifer Fadden stated staff proposes to pool all of the
existing funding. allocated for special events. and disburse to the four
primary events and the concert and movie series.
Presentation and discussion of the Fiscal Year 2010 (FY 2010) Work
Plan update for the third quarter
Assistant City Manager and Chief Financial Officer Terry Leake provided
an update of the Fiscal Year 2010 Work Plan and answered questions of
the City Council:
City of Colleyville Page 2 Prinfed on 8/19/2010
City Council City Council Minutes August 3, 2010
Ms. Leake provided information regarding the Kidsville project and
answered questions of the City Council.
City Manager Jennifer Fadden provided an update of the entrance
markers project.
PC-5 Discussion of the August 3, 2010 City Council meeting regular agenda
items
Mayor Kelly stated the agenda includes an item to consider an
appointment to the Park Land Dedication Committee.
Mayor Kelly adjourned the Pre Council meeting at 6:53 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on August 3, 2010, at 6:53 p.m.
ROLL CALL: Councilmembers Michael Muhm, Stan Hall, Tom Hart,
Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Jennifer Fadden, Assistant City Manager
and Chief Financial Officer Terry Leake, Police Chief Steve Dye,
Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley,
Public Works Director Steve Chutchian, Community Development
Director Ron Ruthven, Library Director Mary Rodne, Human
Resources Manager Elise Welborn, Colleyville Center Manager Lin
Przybyl, Economic Development Director Marty Wieder, Finance
Manager Karen Hines, Communications and Marketing Director
Mona Gandy, Parks and Recreation Director Monica Walsh,
Management Assistant Christine Loven, Information Services
Manager Chris Pena, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Councilmember Carol Wollin arrived at 7:20 p.m.
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 -Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Section 551.072 -Property -Deliberate the sale, exchange or value of
real property -Old City Hall property
City of Colleyville Page 3 Printed on 8/19/2010
City Council City Council Minutes August 3, 2010
Section 551.087 - Economic Development -Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand 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 6:53 p.m. and reconvened at 7:41 p.m.
INVOCATION: Pastor Rickey Texada, Covenant 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-10-3251
This resolution was not needed.
3. ANNOUNCEMENTS AND PRESENTATIONS
Mayor Kelly invited citizens to the Colleyville Public Library summer
reading finale on Wednesday, August 4, 2010, 6:30 to 8:30 p.m. to enjoy
face painting, balloon artists, children's crafts and to see the "Bank on
Books" mascot Oink.
Mayor Kelly, Fire Chief Russell Shelley, Battalion Chief Mark Cantrell
and Lieutenant Mitch White recognized the graduates of the First Annual
Colleyville Fire Department Kid's Camp.
Battalion Chief Mark Cantrell introduced the camp participants, spoke
regarding camp activities, commended Lieutenant White for developing
the curriculum and coordinating the camp activities and expressed
appreciation to Mayor Kelly for supporting and attending the camp every
day.
Mayor Kelly expressed appreciation to Fire Department personnel for
organizing and operating the camp.
Mayor Kelly presented -the Government Finance Officers Association
(GFOA) award to Assistant City Manager and Chief Financial Officer
Terry Leake and expressed appreciation to staff for the development and
management of the budget.
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City Council City Council Minutes August 3, 2010
Ms. Leake expressed appreciation to the City Council, City Manager and
staff for support in managing the budget process.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3252
4a Approval of the minutes of the regular City Council meeting of July 20,
2010
4b Approval of the minutes of the City Council Worksession of July 22, 2010
4c Approval of the disposal of obsolete and non-serviceable equipment and
vehicles
4d Approval of a five-year lease agreement between the City of Colleyville
and USA Mobility Wireless, Inc., for housing and operation of
communications equipment at 312 McDonwell School Road, and
authorize the City Manager to execute the lease
4e Approval and adoption of the 2010 certified tax roll
4f Approval of a bid award for health and dental insurance to Aetna and
authorize the City Manager to execute the agreement
4g Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit
services for fiscal year ended September 30, 2010, in the amount of
$41,175
Mayor Kelly read Resolution R-10-3252 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 Michael Muhm commended the Benefits and Wellness
Committee for the evaluation of health care expenses and negotiation of
a decrease in costs.
Councilmember Hall moved to approve Resolution R-10-3252.
Councilmember Taylor seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
City of Colleyville Page 5 Printed on 8/19/2010
City Council City Council Minutes August 3, 2010
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-10-1760 Approval of a request for an amendment to the PUDR-Planned Unit
Development Residential zoning and development regulations for the
Cambridge Place Addition located in the 800 block of Creekview Lane,
Case ZC 10-015
Mayor Kelly read the caption of Ordinance 0-10-1760.
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 Pro Tem Ayers moved to approve Ordinance 0-10-1760.
Councilmember Wollin seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
5b 0-10-1761 Approval of a request to rezone 8.1 acres from the CC2-Shopping
Center zoning district to the PUDC-Planned Unit Development
Commercial zoning district on Tract 1B1 of Abstract 1154 of the R.H.
Survey located at 8100 Precinct Line Road, Case ZC10-017
Mayor Kelly read the caption of Ordinance 0-10-1761.
Community Development Director Ron Ruthven stated the applicant is
requesting a 25 foot front setback off of Lavaca Trail and the draft
ordinance requires a 40 foot setback and additionally, the applicant is
still requesting all uses in the CC2 district for the tract that is along
Precinct Line Road only, which is stated as such in the draft ordinance.
Mayor Kelly opened the public hearing.
Mr. Tony Callaway, Miller Hodges Architects, 13642 Omega, Dallas,
Texas, reported conversations with neighbors regarding fencing and is
open to considering the masonry wall or the City Council's pleasure
related to screening.
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City Council City Council Minutes August 3, 2010
Mr. John Fegan, 1303 Bellefonte Lane, expressed appreciation to the
Public Works Department for a quick response to a potential problem
and stated a desire fora 40 foot setback, a stone and brick masonry wall
and opposition to dual zoning for the property.
Ms. Shauna Ihle, 6212 Cimarron Trail, expressed appreciation to Ron
Ruthven for responsiveness and requested a privacy wall, preservation
of trees, a 40 foot setback and spoke in favor of the memory facility but
in opposition to dual zoning.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding concerns related to dual zoning of the
proposed development, the allowed uses in CC2-Shopping Center
commercial zoning, building setbacks, type of fencing and screening.
Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1761, with the
amendment to 10a stating a six foot wrought iron and masonry fence
with stone columns will be constructed along the property line adjacent
to Lavaca Trail.
Councilmember Hall seconded the motion.
Councilmember Wollin made a friendly amendment that a minimum
eight foot brick or natural stone fence will be constructed along the east
property line adjacent to residential properties.
Mayor Pro Tem Ayers and Councilmember Hall accepted the friendly
amendment.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-10-1762 Approval of a request for a Special Use Permit for a Package Store on
Lot 2, Block 1, of the Glade Points Addition located at 4200 Glade Road,
Case ZC 10-011
Mayor Kelly read the caption of Ordinance 0-10-1762.
Community Development Director Ron Ruthven provided information
regarding the request for a Special Use Permit to operate a package
store and outlined the development analysis of the site as proposed and
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City Council City Council Minutes August 3, 2010
stated one letter of opposition was received and the Planning and Zoning
Commission recommends approval.
Mayor Kelly opened the public hearing.
Mr. Charlie Hall, 5606 Amador Trail, applicant, was present to answer
questions of the City Council.
Mr. James Day, 805 Shelton, spoke in favor of the proposed ordinance.
Mr. Chuck Bultmann, 4900 Wildwood Court, spoke in favor of the
proposed ordinance and regarding the success of Hall's Grocery and
support of small retail businesses.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding the location of the propane tanks, parking
spaces, dumpster location and screening, gross floor area of the
building, shared parking agreement with adjacent property owner,
volume of traffic and egress and ingress and the building design score.
Mayor Kelly requested a revised parking plan.
Councilmember Wollin requested the date the design score was
established.
City Council requested signage advertising the package store will be
removed in its entirety at the expense of the business and/or property
owner within thirty days of abandonment of the business.
6b 0-10-1763 Approval of a request for a Special Use Permit for a Package Store on
Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405
Colleyville Boulevard, Case ZC10-012
Mayor Kelly read the caption of Ordinance 0-10-1763.
Community Development Director Ron Ruthven provided information
regarding the request for a Special Use Permit for a Package Store at
4405 Colleyville Boulevard and stated the current monument sign does
not meet the minimum requirements of Chapter 7 and staff recommends
the requirements be deferred as the State will require the sign be
removed for the future expansion of SH26, one letter of opposition was
received and the Planning and Zoning Commission recommended
approval.
Mayor Kelly opened the public hearing.
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City Council City Council Minutes August 3, 2010
Mr. Atef Henary, 500 Bridlewood North, spoke regarding the landscaping
and parking requirements and changing the name of the business.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding landscaping requirements and the process
for changing the name of the business.
Councilmember Hall requested the applicant provide alternate names for
the business.
Mayor Kelly requested the applicant to seek a shared parking agreement
with the adjoining business.
Community Development Director Ron Ruthven stated the proposed
ordinance provides if the shared parking agreement is not obtained, the
Special Use Permit is deemed null and void.
City Attorney Matthew Boyle stated, if you do not want to expose the
applicant to that unfortunate occurrence, then consideration should be
given to revising that condition.
Mayor Kelly requested the proposed ordinance be revised to provide that
a letter of denial or agreement be obtained from the adjoining property
owner regarding a shared parking agreement and if the adjoining
property owner does not wish to participate in the agreement, the
Special Use Permit will not be denied on that basis.
6c 0-10-1764 Approval of a request for a Special Use Permit for a Package Store on
Lot 10, Block 23, of The Village at Colleyville Condo Addition located at
62 Main Street, Suite 110, Case ZC10-013
Mayor Kelly read the caption of Ordinance 0-10-1764.
Community Development Director Ron Ruthven provided an overview of
the request for a Special Use Permit for a Package Store at 62 Main
Street and stated staff recommends the applicant retain the current
business name of Tivoli Wines and the Planning and Zoning
Commission recommended approval.
Mayor Kelly opened the public hearing.
Mr. Kevin Smith, 3007 Ridgecrest Drive, Southlake, Texas, spoke
regarding the proposed products for the package store and answered
questions of the City Council.
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City Council City Council Minutes August 3, 2010
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Community Development Director Ron Ruthven stated the Crime
Prevention Recommendations for Convenience Stores and Package
Stores are required measures.
7. RESOLUTION(S):
READING AND PUBLIC HEARING
7a R-10-3253 Consideration of appointment to the Park Land Dedication Committee
Mayor Kelly read Resolution R-10-3253 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-10-3253,
appointing Ron Rottahus to the Park Land Dedication Committee.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, 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.
9. REPORTS:
Historical Preservation Committee Minutes -June 9, 2010
Planning and Zoning Commission Minutes -July 12, 2010
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 3, 2010
- Reading and Public Hearing -Resolution R-10-3254
This resolution was not needed.
Cify of Colleyville Page 10 Printed on 8/19/2010
City Council City Council Minutes August 3, 2010
11. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Wollin moved to adjourn and Mayor Pro Tem Ayers seconded the
motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 9:23 p.m.
APPROVED BY A VOTE OF ~ AYES, NAYS AND ~
ABSTENTIONS ON THIS THE ~~ DAY OF 2010.
Minutest nand prepare by:
' ~~
Cynthia Singleton, TRMC, MC
City Secretary
City of Colleyville Page 11 Printed on 8/19/2010