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HomeMy WebLinkAboutCity Council-Minutes-10/8/2010,,,~.~, c ~~ =: ~~ ,, .., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 7, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation and discussion of the Texas Municipal Retirement System PC-2 Presentation and discussion of a City branding effort PC-3 Discussion of roadway rehabilitation alternatives with Tarrant County for Fiscal Year 2011 (FY 2011) PC-4 Presentation of the "Call on Colleyville" web-based citizen response module PC-5 Discussion of the package (liquor) store development review policy regarding scheduling of public hearings PC-6 Discussion of the September 7, 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 551.071(2) -Legal -Consultation with attorney regarding status and terms of Franchise Agreement with Oncor 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 Prinfed on 9/3/2010 City Council Agenda September 7, 2010 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Community 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-10-3261 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of employees' years of service Recognition of employee achievements 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3262 4a Approval of the minutes of the regular City Council meeting of August 17, 2010 4b Approval of the minutes of the City Council Worksession of August 10, 2010 4c Approval of the minutes of the City Council worksession of August 5, 2010 4d Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2011-2015 (FY 2011-2015) of the Colleyville Economic Development Corporation 4e Approval of the renewal of an Interlocal Agreement with Tarrant County for the Glade Road and Pool Road Intersection Improvements, and authorize the city manager to execute the agreement 4f Approval of rejecting all bids for the Colleyville Public Library Second Floor Expansion Project City of Colleyville Page 2 Printed on 9/3/2010 City Council Agenda September 7, 2010 4g Approval of the annual review of the City's Investment Policy 4h Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC10-009 4i Approval to establish a money market savings account with Worthington Bank for the purpose of participation- in the Certificate of Deposit Account Registry .Service (CDARS) CD program and providing for the authorized signers on the account to be the mayor and city manager 4j Approval to establish a money market account with Northstar Bank of Texas for the purpose of participation in the Certificate of Deposit Account Registry Service (CDARS) CD program and providing for the authorized signers on the account to be the mayor and city manager 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1765 Approval of amending and replacing Ordinance 0-88-671, amending Chapter 22-5 Sexually Oriented Businesses in the Colleyville Code of Ordinances, Case GC10-007 5b 0-10-1766 Authorizing the sale and issuance of $3,260,000 of Water and Sewer Refunding Bonds, Series 2010 and providing for the redemption of the obligations being refunded 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1767 Approval of a request for a Special Use Permit for a package store on Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC10-016 6b 0-10-1768 Approval of a request for a Special Use Permit for a package store on Lot 1, Block 5R of the Woodbriar Estates West Addition located at 3809 Colleyville Boulevard, Suite D, Case ZC10-018 6c 0-10-1769 Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a package store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC 10-020 6d 0-10-1770 Adoption of the proposed Fiscal Year 2011 (FY 2011) budget se 0-10-1771 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2011 (FY 2011) City of Colleyville Page 3 Printed on 9/3/2010 City Council Agenda September 7, 2010 6f 0-10-1772 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2011 (FY 2011) Budget 6g 0-10-1773 Approving a negotiated resolution between .the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's third Rate Review Mechanism (RRM) 6h 0-10-1774 Amending Section 1 of Ordinance 0-09-1732 relating to the Fiscal Year 2010 General Fund budget and authorizing the city manager to transfer unspent street resurfacing budget appropriations to the Capital Projects Fund and transfer unspent budget appropriations to establish a Strategic Initiatives Fund 7. RESOLUTION(S) READING AND PUBLIC HEARING 7a R-10-3263 Approval to amend Resolution R-02-2062 related to non-resident sports association fees 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Planning and Zoning Commission Minutes -August 9, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 7, 2010 -Reading and Public Hearing -Resolution R-10-3264 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 2010, 5: w ~~ C is Sin eton, 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 4 Printed on 9/3/2010 1~~~yV!/lam '~ ,~~~~ r:~.~- City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 7, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 7, 2010, at 5:35 p.m. PC-1 ROLL CALL: Councilmembers Carol Wollin, 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, City Engineer Jeremy Hutt, Street Superintendent Jimmy Brock, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Marketing Coordinator Ashley Stathatos, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Information Systems Manager Chris Pena, Desktop Support Specialist Steve Thompson, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Presentation and discussion of the Texas Municipal Retirement System Human Resources Manager Elise Welborn stated the purpose of this item is to provide further clarification on the City's Texas Municipal Retirement System (TMRS) plan design as well as the short and long-term effects of the proposed change to the plan design. The proposal is to amend the annuity increase benefit or cost of living adjustment (COLA) for retirees from 70% repeating to 70% ad hoc. Ms. Welborn introduced Anthony Mills, Regional Manager, Texas Municipal Retirement System (TMRS) to provide information and answer questions of the City Council. Mr. Mills provided an overview of the Texas Municipal Retirement System (TMRS); plan provisions; benefit variables; the February plan provisions and retirement statistics; recent TMRS Board actions regarding diversification and actuarial cost method changes; and, potential changes in the TMRS structure and provisions and answered questions of the City Council. Discussion ensued regarding the cost of living adjustment, City's annual contribution rate formula, liability for repeating ordinance, refunding City of Colleyville Page 1 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 provisions, matching ratio and full contribution rate. PC-2 PC-3 City Manager Jennifer Fadden stated, for budgetary purposes, the City uses the exact rate that TMRS provides based on the City's current plan design. Discussion continued regarding the City's actuarial accounting method, the retiree's cost of living adjustment, the TMRS fund performance and reserve fund, TMRS retirement estimate and the supplemental death benefit. Mr. Mills provided an overview of the updated service credit benefit, how it is calculated and the annuity increase of 70%, and answered questions of the City Council. Presentation and discussion of a City branding effort This item was not discussed during the Pre Council meeting. Discussion of roadway rehabilitation alternatives with Tarrant County for Fiscal Year 2011 (FY 2011) City Manager Jennifer Fadden stated the City has partnered with Tarrant County, Precinct 3 Public Works for roadway rehabilitation improvements and Tarrant County requested a determination of roadway rehabilitation needs for inclusion in a Fiscal Year 2011 Interlocal Agreement. Tarrant County partners with many municipalities to provide roadway rehabilitation improvements and as a result, the County's workload only permits one project per City. Staff requested City Council direction regarding the rehabilitation of a portion of Heritage Avenue, Jackson Road or Brown Trail for County participation. Discussion ensued regarding the condition, traffic flow and volume of the roads. City Council determined to partner with Tarrant County for the rehabilitation of Brown Trail (Cheek-Sparger Road to SH26) and Heritage Avenue and Jackson Road will be included in the schedule for rehabilitation using the City's annual street maintenance program funds. City Manager Jennifer Fadden stated an updated pavement condition report will be presented to City Council in the spring for review and consideration. City of Colleyville Page 2 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 PC-4 Presentation of the "Call on Colleyville" web-based citizen response module This item was not discussed during the Pre Council meeting. PC-5 Discussion of the package (liquor) store development review policy regarding scheduling of public hearings Community Development Director Ron Ruthven stated City Council established a policy of two package store Special Use Permit (SUP) cases scheduled per City Council agenda. City Council requested discussion of the current policy to determine whether the policy of placing a maximum of two package stores SUP cases should be amended. City Council determined the policy should be amend to allow for three cases per agenda and group according to the area. PC-6 Discussion of the September 7, 2010 City Council meeting regular agenda items City Manager Jennifer Fadden stated Consent Agenda item 4f requests approval to reject all bids for the Colleyville Public Library Second Floor Expansion Project because all bids exceeded the remaining available funding for the project and staff is recommending the bids be rejected. Staff will begin working with the architect to identify items that can be modified in the bid without significantly impacting the quality of the project. The project will be rebid and presented to City Council in six to eight weeks. Councilmember Wollin stated the plan should be maintained without decreasing the scope of the project. Ms. Fadden stated staff will identify items to remove from the bid specification, which can then be bid as alternates and, if City Council wishes to allocate additional funding, should the bids come in excess of the budget, additonal funding may be allocated at that time. This will delay the bid process six to eight weeks with a project completion date in February 2011. City Manager Fadden stated the first reading of the Fiscal Year 2011 budget ordinance is on the agenda and, as a reminder, since the City's ridership could not be established, staff did not recommend funding for the Trinity Railway Express (TRE) Interlocal Agreement with the North City of Colleyville Page 3 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 Central Texas Council of Governments (NCTCOG). However, the City Council may want to reconsider renewing the agreement in support of the NCTCOG. Discussion ensued regarding the scope and timeline of the SH26 reconstruction project and the City's ridership numbers on the TRE. Mayor Pro Tem Ayers, Councilmember Muhm and Councilmember Wollin stated they are not in favor of renewing the TRE Agreement at this time. Mayor Kelly requested staff obtain the City's ridership on the TRE. City Manager Fadden stated staff will request data from NCTCOG regarding Colleyville ridership and, if City Council determines to renew the TRE Interlocal Agreement, funding can be allocated from the City Council discretionary fund. Assistant City Manager and Chief Financial Officer stated the City had a very successful sale of the water and sewer bonds, saving over $242,000 on the refunding and exceeding the projected savings by over $48,000. Ms. Leake stated the City Council audio and visual system is not working this evening and there will not be a live broadcast of the meeting. City Manager Fadden stated the meeting will be taped this evening and will be rebroadcast. Mayor Kelly stated there will be a recess after Agenda item 5b to execute the documents related to the water and sewer refunding bonds. Mayor Kelly adjourned the Pre Council meeting at 7:23 p.m. City of Colleyville Page 4 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 7, 2010, at 7:24 p.m. ROLL CALL: Councilmembers Carol Wollin, 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, City Engineer Jeremy Hutt, Street Superintendent Jimmy Brock, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Marketing Coordinator Ashley Stathatos, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Information Systems Manager Chris Pena, Desktop Support Specialist Steve Thompson, 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 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 551.071(2) -Legal -Consultation with attorney regarding status and terms of Franchise Agreement with Oncor 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 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 7:24 p.m. and reconvened at 7:42 p.m. INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 5 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3261 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly invited citizens to the Colleyville Center Open House, Thursday, September 9, 2010, 5:00 p.m. to 7:00 p.m. Mayor Kelly stated the City is requesting citizens lock vehicles and place valuables in the trunk to help prevent vehicle burglaries and keep our community safe. Mayor Kelly recognized employees for years of service: Marty Wieder, Economic Development Director, one year; Renee Garrett, Senior Center Supervisor, five years; Sunny Lindsey, GIS Specialist, five years; Joyceinne Williams, Executive Secretary, five years; Chuck Tinsman, Police Officer, fifteen years; and, John Fossett, Warrant Officer, 25 years. Mayor Kelly stated on behalf of the City Council and residents, we appreciate your dedication and service to the community. Mayor Kelly recognized the Employee Benefits and Wellness Committee members, Mike Almay, Raymon Cannon, Theresa Fox, Renee Garrett, marilyn Gilbert, Erica Gill, Sunny Lindsey, Eddie Moran, Amy Shelley, Steve Thompson, Chuck TinsmanRenee Garrett, Sunny Lindsey, Amy Shelley, Steve Thompson, Chuck Tinsman and Ken Tywater. Mayor Kelly commended the committee members for developing a health insurance program and comprehensive wellness program that decreases health care costs and improves the employee's health. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3262 4a Approval of the minutes of the regular City Council meeting of August 17, 2010 4b Approval of the minutes of the City Council Worksession of August 10, 2010 4c Approval of the minutes of the City Council worksession of August 5, 2010 City of Colleyville Page 6 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 4d Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2011-2015 (FY 2011-2015) of the Colleyville Economic Development Corporation 4e Approval of the renewal of an Interlocal Agreement with Tarrant County for the Glade Road and Pool Road Intersection Improvements, and authorize the city manager to execute the agreement 4f Approval of rejecting all bids for the Colleyville Public Library Second Floor Expansion Project 4g Approval of the annual review of the City's Investment Policy 4h Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC10-009 4i Approval to establish a money market savings account with Worthington Bank for the purpose of participation in the Certificate of Deposit Account Registry Service (CDARS) CD program and providing for the authorized signers on the account to be the mayor and city manager 4j Approval to establish a money market account with Northstar Bank of Texas for the purpose of participation in the Certificate of Deposit Account Registry Service (CDARS) CD program and providing for the authorized signers on the account to be the mayor and city manager Mayor Kelly read Resolution R-10-3262 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-10-3262. Councilmember Hart seconded the motion. Councilmember Muhm made a friendly amendment to the motion to amend the August 17, 2010 minutes, PC-3 as follows: "Councilmember Muhm stated at this time, based on what has been presented to him, he was not in support of the proposed Pass Through Financing Agreement because of the unknown risks, cost and burden asked to be borne by the City of Colleyville, unclear highway design plan, likely cost increases, economic development assumptions and control and responsibility for the project. He stated at some point in the near future, we need to make City of Colleyville Page 7 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 a firm commitment one way or the other regarding the proposal, but agreed with continuing discussions with all parties until then" and to PC-5 as follows: "Councilmember Muhm asked for examples of employee retirement benefit amounts resulting from several salary levels based on the City's TMRS plan. He also stated his desire that we discuss and evaluate what our policy should be in regard to providing a reasonable retirement benefit to our employees". Mayor Pro Tem Ayers and Councilmember Hart 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 City Manager Jennifer Fadden stated, regarding consent agenda item 4f, staff is recommending rejection of all bids for the Colleyville Public Library Second Floor Expansion Project due to all bids exceeding the project budget. Staff will work with the architect to modify the scope of the project, identify add alternates that can be bid separately from the project to insure the project comes in within existing funding that has been approved for the project. It is estimated this will delay the bid process six to eight weeks with completion projected for February 2011. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1765 Approval of amending and replacing Ordinance 0-88-671, amending Chapter 22-5 Sexually Oriented Businesses in the Colleyville Code of Ordinances, Case GC10-007 Mayor Kelly read the caption of Ordinance 0-10-1765. Mayor Kelly opened the public hearing. There was no present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Ordinance 0-10-1765. 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 City of Colleyville Page 8 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 5b 0-10-1766 Authorizing the sale and issuance of $3,260,000 of Water and Sewer Refunding Bonds, Series 2010 and providing for the redemption of the obligations being refunded Mayor Kelly read the caption of Ordinance 0-10-1766. Assistant City Manager and Chief Financial Officer Terry Leake stated, today, the City participated in a negotiated sale for the transaction for the refunding of these bonds and the City's Financial Advisor Jim Sabonis, First Southwest, will provide the results of the transaction and the recent results of the bond rating by Fitch and Standard and Poors. Mr. Sabonis presented the results of the sale of the water and sewer refunding bonds and stated the bonds were rated "AAA" and "AA+" by Fitch Ratings and Standard and Poor's, respectively, and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no present wishing to speak and Mayor Kelly closed the public hearing. Mr. Sabonis stated refunding bonds is no different than refunding a home mortgage. Currently, the City has $640,000 of bonds that were issued in 2002 and $1,470,000 bonds issued in 1998 and $1,190,000 issued in 1996. Those bonds are outstanding and currently have interest rates of 3.7% to 5.7%. We monitor them and try to understand when there is an optimal time to refund them. Interest rates have been at a cyclical low since 1962, we decided to move forward and refund the bonds. There is no extension of the debt, no change in actual payment dates or payment timeframe. Eight years are remaining on the bonds and there will be eight years outstanding, exact payment debts. -The bottom line is the City has bonds that are above market interest rate and the City is taking advantage of the City's good credit rating and low interest rates and refunding them for savings and taking the savings equally over time, just like refinancing a home. Mr. Sabonis reported the City is saving $548,000 over the next eight years. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1766. Councilmember Kelly seconded the motion. City of Colleyville Page 9 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 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 recessed the meeting at 8:11 p.m. and reconvened at 8:20 p.m. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1767 Approval of a request for a Special Use Permit for a package store on Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC10-016 Mayor Kelly read the caption of Ordinance 0-10-1767. Community Development Director Ron Ruthven provided an overview of the request for a Special User Permit for a package store at 7171 Colleyville Boulevard, staff's analysis and summary of recommendations and stated the Planning and Zoning Commission recommended approval. Mr. J.P. Volk, 3719 Treemont Circle, applicant, provided information regarding the proposed business, marketing concepts, inventory and sales projections. Mr. Tom Matthews, 2875 Exchange, Southlake, Texas, representing the applicant, provided a history of the property and zoning, proposed plans for the retail center, traffic flow and signalization at the intersection. Mr. Tim Waterworth, 6808 Rockbrook Court, expressed appreciation to the City Council and staff for responsiveness to requests for information and spoke in opposition to the proposed ordinance and regarding traffic flow and public safety. Mr. Darren Lee, 7005 Cole Court, spoke in opposition to the proposed ordinance and regarding the current zoning of the property, traffic concerns regarding the ingress and egress from the proposed business to SH26, and the desire to preserve and protect community neighborhoods. Mr. Bill Lindley, 2402 Broad Oak Way, spoke in opposition to the proposed ordinance and requested the City Council deny the proposed ordinance with prejudice. City of Colleyville Page 10 Prinfed on 10/7/2010 City Council City Council Minutes September 7, 2010 Mr. George Dodson, 7309 Balmoral, spoke in opposition to the proposed ordinance and regarding the impact of the local option election on the City. Mr. Kevin Smith, 3007 Ridgecrest Drive, spoke in opposition to the proposed ordinance and regarding the package store industry and owners. Ms. Michelle Hudak, 7004 Cole Court, spoke in opposition to the proposed ordinance and the impact of the proposed package store on the neighborhood and community and ingress and egress to the proposed store to SH26 and residential streets. Mayor Kelly stated the following citizens do not wish to speak but wish to record their opposition to the proposed ordinance: Marcella Murphey, Barb Stephens, Ketan Patel, John Smith, Joanne Smith, Michelle Hudak, Jason Hudak, Woo Jo Moon, Myung Moon, George Coleman, Homer Murphey, Angela Kahle, Julie Lindley and Doris Fiori. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly requested the City Attorney provide clarification regarding the City regulating alcohol versus the City regulating land use. There were some concerns about City Council not being responsible regarding the regulation of alcohol. City Attorney Matthew Boyle stated the Texas Alcoholic Beverage Code provides that state law is the only means by which to regulate the sale of alcoholic beverages including the sale of alcoholic beverages in package stores. As such, the Special Use Permit (SUP) requirement was instituted by the City Council in advance of last May's election was strictly a land use matter. As such, the SUP's before City Council tonight, and those considered in the future, are before you strictly based on compatibility and compliance with the Land Development Code and/or the other land use issues provided for by Chapter 2 of the Local Government Code and the Land Development Code. Mayor Kelly asked the City Attorney to address if anyone can make an application for a certain land use. City Attorney Boyle stated there is no statutory or ordinance ability to limit the number of applications for an SUP, including an SUP for a package store. Mayor Kelly stated there is some reference that City staff had something to do with the local option referendum and asked the City Attorney to City of Colleyville Page 11 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 provide information regarding who initiated the referendum and what involvement the City had in the process. City Attorney Boyle stated last May's referendum on package liquor stores was a local option election held pursuant to the Alcoholic Beverage Code, which was initiated through a citizen petition, which was filed with the Tarrant County Clerk. The entirety of both the consideration of and the approval of the petition and calling the election were all handled by the County all outside, separate and wholly apart from the City of Colleyville. City Attorney Boyle stated, in response to a question the City Council may ask next, it is definitely possible, and it is specifically provided for by the Alcoholic Beverage Code, that the same means by which the election was held in May to approve the local option, a corresponding election to the negative could be held, thereby revoking the approval of package store sales in the City of Colleyville through the exact same process. Mayor Kelly reopened the public hearing to allow a citizen to speak. Mr. Tim Neuman, 6906 Wandering Way, spoke in opposition to the proposed ordinance and regarding traffic flow in the residential neighborhood and the safety of children. Discussion ensued regarding the criteria the City Council is allowed under state law to consider the Special Use Permits for package stores, the City Council's desire and responsibility to protect the quality of life in the City, allowed uses in the proposed location for the package store and public safety concerns regarding egress and ingress to the retail building. Police Chief Steve Dye stated, for this specific land use, I do have some concerns about traffic patterns, especially the confluence of traffic on Friday evenings and Saturdays could be a potential issue. There is currently aright-in and right-out at this location and we experience violations currently at this intersection and I suggest with that particular confluence of traffic at peak times on Friday evenings and Saturdays, that could cause potential problems, I also have public safety concerns regarding the adjacent neighborhood and park nearby. I believe there would be cut-through traffic on Longwood Drive, as a result of the lengthy traffic light cycle, which could impact the Ross Downs neighborhood. Community Development Director Ron Ruthven stated, in response to a question regarding the calculation of traffic volume, the gas station and convenience store data is being used to determine traffic impact due to Colleyville being the only city in the area with package stores; therefore, City of Colleyville Page 12 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 a higher traffic volume is anticipated. Community Development Director Ron Ruthven provided information from TxDOT regarding public safety at the intersection and possible deterrents to illegal left turns into the retail building, which included a curb median to prevent a left turn. 6b 0-10-1768 Approval of a request for a Special Use Permit for a package store on Lot 1, Block 5R of the Woodbriar Estates West Addition located at 3809 Colleyville Boulevard, Suite D, Case ZC10-018 Mayor Kelly read the caption of Ordinance 0-10-1768. Community Development Director Ron Ruthven provided an overview of the Special Use Permit (SUP) for a package store at 3809 Colleyville Boulevard, outlined staff recommendations and stated since the Planning and Zoning Commission recommended denial, the request can only be approved by a supermajority vote of the City Council. Mayor Kelly opened the public hearing. Mr. Bryan Hull, 600 Wentworth, Richardson, Texas, Clay Company, representing the applicant, distributed a powerpoint presentation to City Council and reviewed the site plan, existing zoning, traffic flow, proposed store interior design and spoke regarding concerns of the citizens in the nearby neighborhood. Ms. Carrie Miller, 3718 Woodcrest Drive, spoke in opposition to the proposed ordinance and regarding the safety of children at Kimzey Park. Mr. Neal Quigley, 3809A Colleyville Boulevard, spoke in favor of the proposed ordinance, and regarding park safety, business security, increased business traffic and presented a petition in favor of the proposed ordinance. Mr. Bryan Tobey, 3231 Harwood Road, Bedford, Texas, spoke in favor of the proposed ordinance. Mr. Gary Guthrie, 505 Woodbriar Lane, President of Woodbriar Estates Homeowners Association, spoke in opposition to the proposed ordinance and the suitability of the location for a package store. Ms. Lisa Polk, 3813 Oakbriar Lane, spoke in opposition to the proposed ordinance. Ms. Barb Stephens, 3411 Brentwood Drive, spoke in opposition to the proposed ordinance and regarding the economic development on SH26 City of Colleyville Page 13 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 and preservation of the quality of life in the community and presented a petition in opposition to the proposed package store. Ms. Emily Primer, 207 West Greenbriar Lane, spoke in opposition to the proposed ordinance and stated, for the record, she is insulted at the presentation by the applicant's representative and regarding incompatibility of the package store to the neighborhood, traffic flow to the proposed package store and location of the dumpster. Mr. Charles Primer, 207 West Greenbriar Lane, expressed appreciation to the City Council for their service and spoke in opposition to the proposed ordinance and regarding traffic flow from the proposed package store into the neighborhood and parking area. Mr. John McDaniel, 3609 Cliffwood, spoke in opposition to the proposed ordinance and regarding the impact of a package store on the neighborhood and park. Mr. John Hall, 400 Woodbriar Court, spoke in opposition to the proposed ordinance, the impact of the package store on property values and expressed appreciation for the opportunity to speak. Mr. George Coleman, 6402 Emerald Drive, spoke in opposition to the proposed ordinance and regarding a charter election to reverse the local option election results. Ms. Sharon Dowdy, 200 Greenbriar Lane, spoke in opposition to the proposed ordinance and the safety of children in the parks. Mr. B.J. Michaels, 409 Briarcliff, spoke in opposition to the proposed ordinance, love of Colleyville and safety of children. Mr. Herb Campbell, 203 West Greenbriar Lane, requested the City Council to disregard the petition presented in favor of the proposed ordinance as the signatures were not verified to be Colleyville residents. Mayor Kelly stated the following citizens do not wish to speak but wish to register their opposition to the proposed ordinance: Jim Miller, Dolores Norris, Roland Kelley, Ann Kelley, Vick Fonseca, Kent Fonseca, Barbara Donnelly, Jim Lowe, Barbara Adair, Michael Buffo, James Dobson, Jay Adair, Ketan Patel, Ruby Dobson, Marcella Murphey, Keith Estes, Leanne Southerland, Patricia Campbell, Carter Bradford, Sophie Bradford, Ronald Johnson, Jean Johnson, George Coleman, Beth Rhodes, Lana Hardin, Homer Murphy, Angela Kahle, Doris Fiore, G. Dodson, Michelle Hudack, John Smith, Darren Lee, W. Goodell, Alan Clements, Barbara Clements and Joanne Smith. City of Colleyville Page 14 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 There were no others present wishing to speak and Mayor Kelly closed the public hearing. Community Development Director Ron Ruthven provided information regarding the history of tenants in the retail building. Police Chief Steve Dye spoke regarding public safety concerns related to the proposed package store, which included limited visibility at the back of the building and a wall that restricts movement behind the building. Additional public safety concerns include potential parking overflow on the street and near the daycare since the existing business and the applicant share peak customer volume times on Friday evening and Saturday, traffic flow on Greenbriar Lane to cut through to the east onto San Bar and back to Cheek-Sparger Road to avoid the intersection, and, the proximity of the park and daycare to the proposed package store. Discussion ensued regarding the proposed package store inventory, the right of citizens to speak regarding the proposed package store, the unsuitability and incompatibility of the proposed package store at this location and the lack of City Council support for the proposed ordinance. Mayor Kelly recessed the meeting at 10:42 p.m. and reconvened at 10:52 p.m. 6c 0-10-1769 Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a package store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC 10-020 Mayor Kelly read the caption of Ordinance 0-10-1769. Community Development Director Ron Ruthven provided an overview of the request for a zoning change from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial and a Special Use Permit (SUP) for a package store located at 7101 Colleyville Boulevard, the staff review and analysis and stated the Planning and Zoning Commission recommended approval without adrive-through window. Mayor Kelly opened the public hearing. Mr. Randy Johnson, 7401 Braemar Terrace, applicant, spoke regarding residency in Colleyville, retail experience, concerns for the community, building aesthetics, high visibility location, current zoning, requested approval for adrive-through window and answered questions of the City Council. City of Colleyville Page 15 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 Mr. Dan Shadle, 1208 Hardage Lane, expressed appreciation to Mayor Pro Tem Ayers for the explanation of the local option election process and spoke in support of the proposed ordinance and adrive-through window and regarding traffic flow and interior store design and inventory. Mr. Todd Miller, 1504 Douglas Avenue, spoke in favor of the proposed ordinance, economic impact of the business and favorable traffic flow around proposed business. Mr. Scott Redfearn, 7300 Chanel Court, spoke in opposition to the proposed ordinance and adrive-through window at the establishment. Ms. Michelle Rourke, 7001 David Lane, spoke in favor of the proposed ordinance and in support of a drive- through window at the establishment. Ms. Paige Brown, 101 Valley View Drive, spoke in favor of the proposed ordinance and in support of the drive-through window at the establishment. Ms. Lori Miles, 7101 David Lane, spoke in favor of the proposed ordinance and in support of the drive-through window at the establishment. Ms. Betsy Luttrell, 7420 Overland Trail, spoke in favor of the proposed ordinance. Mr. George Coleman, 6402 Emerald Drive, requested clarification regarding the distribution and warehousing of alcohol at the proposed business. Mr. Darren Lee, 7005 Cole Court, spoke in opposition to the proposed ordinance and regarding the distribution and warehouse aspects of the proposed business. Mr. Bill Lindley, 2402 Broad Oak Way, spoke regarding public safety concerns related to the drive-through window and the impact of Internet sales on sales tax revenue in the City. Mr. John Smith, 2213 Danielle Drive, spoke in opposition to the proposed ordinance and regarding the effect of package stores on the quality of life in Colleyville. Ms. Michelle Hudak, 7004 Cole Street, spoke in opposition to the proposed ordinance and the drive-through window at the proposed package store. City of Colleyville Page 16 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 Mr. Ketan Patel, 1701 Prince Meadow Drive, spoke in opposition to the proposed ordinance and to adrive-through window at the establishment and regarding the safety of children in the area of the proposed package store and requested this item be considered earlier in the evening at the next meeting. Mayor Kelly stated the following citizens did not wish to speak but wish to record their opposition to the proposed ordinance: Bobby Adkins, Barb Stephens, Marcella Murphey, Flora Buffo, John Williams, Carol Harvey, Julie Lindley, G. Dodson, Jason Hudak, Joanne Smith, Mona Patel, Doris Fiore, Angela Kahle, Homer Murphey, Alan Clements and Tim Waterworth. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly spoke regarding the permitted uses for ML-Light Manufacturing zoning and the CC1 zoning and stated permitted uses provides for the business to open without City Council approval and asked the City Attorney if the City Council approves the applicant's request for zoning, will those uses still be permitted should the operation fail. City Attorney Matthew Boyle stated if the application is approved, the underlined zoning will be changed from ML to CC1 and, as such, the available uses would only be those allowed in the CC District, and the ML uses would no longer be allowed as a matter right. Discussion ensued regarding the location of the dumpster, significance and impact of adrive-through window on sales and business partners. Mayor Pro Tem Ayers asked the City Attorney, if we give the applicant an upzone from ML -Light Manufacturing to CC1, which is the first step in the process, but then go beyond that, and give the applicant a Special Use Permit (SUP) for the package store; as I understand it, if the City Council approves the SUP for the applicant's package store, by right, the applicant receives the liquor distribution warehouse. Is this correct, City Attorney? City Attorney Boyle stated, the short answer is yes, but you need a longer explanation, and the longer answer is by law, once the package store local option election was approved, the operators are entitled to sell liquor in Colleyville, save and except they are obligated to comply with local regulations. In this case, the local regulations, require the right zoning and the right zoning includes a SUP, so once you get A and B, then as a package store licensee, you are entitled to sell liquor both on the retail level and at the wholesale level. That distinction and that City of Colleyville Page 17 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 entitlement is exclusively regulated at and by the state. 6d 0-10-1770 Mr. Johnson provided information regarding the advantages of a drive-through window, maintaining the parking lot canopies, the interior and exterior design of the building and use of the property in the event the package store fails. Police Chief Steve Dye spoke regarding traffic accident statistics at intersections and stated a public safety concern identified with this location is the potential for vehicles stacking up in the parking lot while waiting for the signal. Councilmember Muhm requested staff provide accident statistics at the intersection of John McCain Road and SH26. In accordance with the City Council Rules of Procedure, the City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The motion to continue the meeting carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Adoption of the proposed Fiscal Year 2011 (FY 2011) budget Mayor Kelly read the caption of Ordinance 0-10-1770. City Manager Jennifer Fadden stated the Fiscal Year 2011 budget has been developed to balance the needs of the City in concert with the willingness of its taxpayers to pay for those services. The strategy employed to prepare this budget has been quite different from that of previous years. The reality of the "new normal" including the ongoing national recession, rising costs of service delivery, and the approaching build-out of our community, has influenced resource allocation in ways rarely experienced during the previous decade, and now necessitates consideration of a permanent change in funding appropriation. Therefore, staff considered a number of factors to shape the service delivery plan for Fiscal Year 2011, including: Colleyville's life cycle as a community; resource prioritization based on community and City Council input; future sustainability of budget; implementation of program-based budgeting; and implementation of funding for the strategic plan. With this budget, staff is recommending allocating resources according to the priorities of our citizens and City Council, while maintaining the conservative fiscal approach that has allowed Colleyville to attain and maintain a AAA bond rating. The service delivery plan maintains the City of Colleyville Page 18 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 programs and services identified by our citizens as priorities, without an increase to the city's tax rate and with minimal impact to our citizens. It also funds all debt requirements and provides adequate debt service fund balances. It does not include any salary adjustments for employees and cost for employee health insurance and pension obligations have been reduced in this proposed budget. While the proposed budget does not fund all existing service levels, it meets the City Council's priorities for service delivery and maintains the current tax rate. The proposed budget has been formulated by reflecting on a philosophy of: providing solid, high-quality, core governmental services; effectively allocating resources to meet citizen needs; affordability and sustainability; pursuing opportunities to partner with other public providers; and attracting and retaining quality employees. The proposed budget is balanced and in accordance with state law, City Charter and ordinances. The combined proposed expenditures and transfers total $35,334,456, which is a $2,098,585 decrease from the current year budget. 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 Muhm asked what the long-term financial challenges will be for the City in the future. City Manager Fadden stated, what we look at in the long-term sustainability of the budget primarily is driven by the fact that our community is 85% built-out, and we cannot expect or rely on future development revenue and increases in property values the way we once did over the last decade. We worked to design the budget to insure that we had a reasonable and practical approach to projecting those revenues into the future. As the City Council will recall, at one of the first budget worksessions, we updated the ten year financial forecast and presented that to the City Council for consideration. In that ten year financial forecast, we amended down some of our revenue projections due to what we were seeing in terms of trends, property evaluations, sales tax and interest earnings, which are all large drivers to the revenue side of the budget. On the expenditure side of the budget, we took the very pragmatic approach to expenditure appropriation, funding first and foremost those priorities that are most important to our citizens, to the City Council and including public safety, street maintenance, parks and recreation, economic development and reducing the budget in areas where we felt those services were not as high a priority to the community based on citizen input through a citizen survey and City Council input as we were developing the budget process this year. We will continue to refine that as we go into each years budget to make sure we have the appropriate balance in terms of the resources that are available to us ------- City of Colleyville Page 19 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 and our citizen's willingness to provide those resources to us on a long-term basis. Mayor Kelly stated the City is projecting the General Fund at $7.5 million, which is 154 days of operating funds and in the Utility Fund, a little over $5 million, which is 162 days of operating funds. Mayor Kelly commended staff for excellent fiscal management. 6e 0-10-1771 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2011 (FY 2011) Mayor Kelly read the caption of Ordinance 0-10-1771. Assistant City Manager and Chief Financial Officer Terry Leake stated the Texas Property Tax Code requires taxing units to comply with "Truth-in-Taxation" laws in setting tax rates, and it also requires that they perform an effective tax rate calculation. What the effective tax rate calculation does is calculate the amount of revenue, that after property assessments are done, it will raise the exact same rate as the revenue that was raised the year before for that existing property. The City of Colleyville did calculate the tax rate for FY 2011 and that effective tax rate was $.372887. This rate is higher than the proposed tax rate is for the current year budget. The proposed tax rate is $.3559. It is the same rate that the taxes were in FY 2010 and this is the fourth year the tax rate is $.3559. The City, in compliance with the Texas Property Tax Code, published the Notice of Effective Tax Rate on Wednesday, August 11, 2010, in the Fort Worth Star Telegram. Also, to inform the citizens of Colleyville of the proposed FY 2011 tax rate, the City Council adopted Resolution R-10-3258, reflecting their intention to adopt a tax rate of $.3559 at a public hearing on August 17, 2010. Additionally, the residential value in Colleyville slightly decreased from FY 2010 to FY 2011; it went from $398,957 to $397,472. This would equate to an annual property tax decrease of $5.29 on an annual basis. And, just as a point of reference, one of the things the effective tax rate calculation does, is set the interest and sinking rate, which is used to pay for the City's bonded debt at $.05832. The remainder of the tax rate will be allocated to operations and maintenance, which is commonly know as the General Fund rate. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly stated the important part, according to the Truth in Taxation laws, we could have had an effective tax rate of $.372887 that would City of Colleyville Page 20 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 have raised the same revenue as last year. But we chose to maintain it at $.3559, which is reduced revenue and we made up that difference through some cost savings. The City has not raised the tax rate on the general side for 16 years due to increased property valuations. In 2005, we had a small raise on the debt side for the fire station, which was a voter approved bond issue. 6f 0-10-1772 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2011 (FY 2011) Budget Mayor Kelly read the caption of Ordinance 0-10-1772. Assistant City Manager and Chief Financial Officer Terry Leake stated the Colleyville Economic Development Corporation (CEDC) Corporate bylaws require the Board of Directors adopt an annual budget for the CEDC. This budget must also be approved and adopted by the City Council. The CEDC Board adopted the CEDC budget at the annual board meeting held August 24, 2010. Ms. Leake reviewed the capital and operating budget items and stated the recently renovated Colleyville Center project funds initially came from the Colleyville Tomorrow Fund and with an interfund loan to the CEDC, which was one of the original funding sources for the Colleyville Center, this loan will be repaid over a four-year period. Ms. Leake further stated the budget utilizes $922,476 in available cash balance, with the projected ending Fiscal Year 2010 Fund Balance being $2,007,114: Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 6g 0-10-1773 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's third Rate Review Mechanism (RRM) Mayor Kelly read the caption of Ordinance 0-10-1773. Assistant City Manager and Chief Financial Officer Terry Leake provided a history of actions of Atmos Cities Steering Committee and Atmos Energy Corporation and stated this ordinance will authorize Atmos to collect supplemental revenue, in the amount of $3.4 million, to be recovered through the customer charge component of rates to cover direct costs associated with a steel service line replacement program and answered questions of City Council. Mayor Kelly opened the public hearing. City of Colleyville Page 21 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 Ms. Mary Jean Maloney, Atmos Energy representative, 800 East Border Street, Arlington, Texas, spoke in support of the proposed ordinance and introduced Atmos representative, Lance Anderson who will attend the September 21, 2010 City Council meeting in her absence. There were no others present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the Atmos Energy Corporation filing, the negotiated rate and the settlement agreement. Ms. Mary Jean Maloney, Atmos Energy Corporation, stated the monthly bill impact for the average residential customer will be a $1.40 increase and provided information regarding gas rates and delivery and the process for the negotiated rate. 6h 0-10-1774 Amending Section 1 of Ordinance 0-09-1732 relating to the Fiscal Year 2010 General Fund budget and authorizing the city manager to transfer unspent street resurfacing budget appropriations to the Capital Projects Fund and transfer unspent budget appropriations to establish a Strategic Initiatives Fund Mayor Kelly read the caption of Ordinance 0-10-1774. Assistant City Manager and Chief Financial Officer Terry Leake stated this budget amendment includes two items. We have had some savings in the street rehabilitation and resurfacing projects and that will be transferred to the Capital Projects Fund. We have actually done this over the past few fiscal years. Another item included in this amendment, allows that a difference in revenues over expenditures, up to $50,000 would be transferred to establish the Strategic Initiatives Fund. Staff will recommend guidelines for distribution of the funds, which will be allocated by City Council for projects that are directly linked to the City's strategic plan. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S) READING AND PUBLIC HEARING 7a R-10-3263 Approval to amend Resolution R-02-2062 related to non-resident sports association fees City of Colleyville Page 22 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 Mayor Kelly read Resolution R-10-3263 in its entirety. Parks and Recreation Director Monica Walsh provided information regarding the current and proposed non-resident sports association fees and stated three area cities are considering an increase in non-resident sports association fees and the baseball, softball and soccer youth sports associations have no objection to the proposed increase in fees. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-10-3263. 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Planning and Zoning Commission Minutes -August 9, 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 SEPTEMBER 7, 2010 -Reading and Public Hearing -Resolution R-10-3264 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn and Councilmember Hart seconded the motion. Mayor Kelly adjourned the meeting at 12:47 a.m. City of Colleyville Page 23 Printed on 10/7/2010 City Council City Council Minutes September 7, 2010 APPROVED BY A VOTE OF ~ AYE; ABSTENTIONS ON THIS THE .2/ DAY O Minutes k and ~e~a by: Cynthia Singleton, TRMC, C City Secretary AND 2010. City of Colleyville Page 24 Printed on 10!7/2010