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HomeMy WebLinkAboutCity Council-Minutes-10/8/2010 (2)m- ,:..., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 21, 2010 5:00 PM CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 An air quality monitoring and inspections presentation as it relates to potential gas wells in Colleyville PC-2 Discussion of proposed amendments to Chapter 3.1-Oil and Gas Well Drilling and Production PC-3 Presentation by PlayWell Group on the Kidsville playground project PC-4 Discussion of potential 2011 Legislative Priorities PC-5 Discussion of setting a date for a City Council worksession to discuss the SH26 reconstruction project PC-s Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-7 Presentation of the Monthly Financial Report -August 2010 PC-8 Discussion of the September 21, 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 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz City of Colleyville Page 1 Printed on 9/17/2010 City Council Agenda September 21, 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Reverend Jeff Strickland, Colleyville Assembly of God 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-10-3265 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the featured Colleyville Business - J.R.'s Steakhouse, 5400 SH121 and J.R.'s Grill, 5220 SH121 -Johnny Ragland Proclamation in recognition of National Night Out in Colleyville, October 5, 2010 - Police Chief Steve Dye and Community Services Officer Raymon Cannon 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3266 4a Approval of the minutes of the regular City Council meeting of September 7, 2010 4b Approval to amend the contract for services with James R. Ames, Attorney at Law, for Municipal Court Judge services 4c Approval of a lease agreement with Tarrant County 9-1-1 District (TC911), for rental of the Colleyville communications and jail space, for a regional 9-1-1 backup site for Northeast Tarrant County, and authorize the city manager to execute the agreement City of Colleyville Page 2 Printed on 9/17/2010 City Council Agenda September 21, 2010 4d Approval to renew the horticulture grounds maintenance contract with The Lawn Firm, Inc., in an amount not to exceed $139,468 and authorize the city manager to execute same and any associated change orders, in an amount not to exceed $25,000, and subject to the approval of funding in the Fiscal Year 2011 (FY 2011) budget 4e Approval of a bid award for the grounds maintenance mowing contract to Whitmore and Sons, Inc., in an amount not to exceed $126,090 and authorize the city manager to execute the same and any associated change orders, in an amount not to exceed $25,000, and subject to the approval of funding in the Fiscal Year 2011 (FY 2011) budget 4f Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 5b 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 5c 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 ZC10-020 5d 0-10-1770 Adoption of the proposed Fiscal Year 2011 (FY 2011) budget 5e 0-10-1771 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2011 (FY 2011) 5f 0-10-1772 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2011 (FY 2011) Budget 5g 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) City of Colleyville Page 3 Printed on 9/17/2010 City Council Agenda September 21, 2010 5h 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 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-10-3267 Consideration of appointments to the Planning and Zoning Commission 6b R-10-3268 Consideration of appointments to the Zoning Board of Adjustment 6c R-10-3269 Consideration of appointments to the Library Board 6d R-10-3270 Consideration of appointments to the Historical Preservation Committee 6e R-10-3271 Consideration of appointments to the Metroport Teen Court Advisory Board 6f R-10-3272 Consideration of appointments to the Senior Center Advisory Committee 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Sign Board of Appeals - Februrary 9, 2010 Library Board Minutes -August 9, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 21, 2010 -Reading and Public Hearing -Resolution R-10-3273 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 17, 2010 .m. Cy hia 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. City of Colleyville Page 4 Printed on 9/17/2010 City Council Agenda September 21, 2010 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 9/17/2010 ~~~~, d ra ~~ ~~ '~ _u-- ~,..: City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 21, 2010 5:00 PM CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 21, 2010 at 5:03 p.m. ROLL CALL: Councilmembers Carol Wollin, 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, Community Development Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Finance Manager Karen Hines, Information Systems Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Michael Muhm arrived at 5:15 p.m. PC-1 An air quality monitoring and inspections presentation as it relates to potential gas wells in Colleyville Community Development Director Ron Ruthven stated Dr. Kenneth Tramm, Regional Environmental Manager, Kleinfelder Group, Inc., will brief City Council on air quality monitoring and enforcement as it relates to potential gas wells operating in the City. Dr. Kenneth Tramm, Regional Environmental Manager, Kleinfelder Group provided information regarding air quality and surface water quality assessments and costs, Texas Commission on Environmental Quality (TCEQ) air quality monitoring and findings, regulatory criteria, air dispersion model and modeling results and answered questions of the City Council. Discussion ensued regarding air quality monitoring and enforcement of potential gas wells operating in the City, baseline studies and variables of air and water quality in nearby cities, air monitoring comparison values City of Colleyville Page 1 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 (AMCV) and effects screening levels (ESL) used in the air permitting process for emission rate limits. PC-2 Discussion of proposed amendments to Chapter 3.1-Oil and Gas Well Drilling and Production Community Development Director Ron Ruthven outlined the proposed amendments to Chapter 3.1 of the Land Development Code, Oil and Gas Well Drilling and Production, which included air quality standards and monitoring; indemnification and liability limits; pipeline permitting standards; groundwater protection standards; clarification and specification of drilling and production phasing and timelines; fee increases and additions; cost recovery; property damage; affects on future development and fence standards. Mr. Ruthven further stated if drilling does not occur within one year of issuing a Special Use Permit, the permit expires. Discussion ensued regarding the fess associated with oil and gas well production, the use of thumper trucks, road condition monitoring and recovery fees, noise regulations, setback requirements, indemnification coverage amount and site work hours. Councilmember Muhm requested additional information regarding the use and regulation of thumper trucks. City Council determined the proposed ordinance regarding oil and gas well drilling and production should be placed on a City Council agenda for consideraiton. PC-3 Presentation by PlayWell Group on the Kidsville playground project Parks and Recreation Director Monica Walsh provided a history of the Kidsville playground, reviewed the current condition of the playground equipment and the recommendation of the Parks and Recreation Advisory Board regarding funding for the playground project, outlined efforts to contact citizens involved in the original Kidsville playground project and introduced Mr. Mike Howerton of the PlayWell Group, who staff selected to provide a proposed playground design concept. Mr. Mike Howerton, PlayWell Group, introduced team members Jeff Popenoe, owner, PlayWell Group; David Wright and Michael Spillman, Walk in the Park Construction; Butch DeFillippo, Managing Partner, PlaySafe, LLC; and Todd Lehman, Design Guy, Cre8play. City of Colleyville Page 2 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Mr. Butch DeFillippo, Managing Partner, PlaySafe, LLC, provided information regarding a review of the existing and proposed playground equipment against the industry standards of care for play grounds. Mr. Todd Lehman, Design Guy, Cre8play, presented information regarding the proposed playground materials, design and accessibility and plans to pay homage to the citizens that constructed the original Kidsville playground. Parks and Recreation Director Walsh provided information regarding the incorporation of original playground pieces at the proposed playground and presentation of the proposed design concept during a public meeting to be held September 23, 2010. Mr. Howerton spoke regarding plans to involve citizens in the construction of the new playground. Councilmember Muhm requested staff plan a playground dedication event that includes citizen participation in the final phase of the project and the address of a similar playground in the area. Discussion ensued regarding the location of similar playgrounds and the maintenance costs and labor for the proposed playground. PC-4 Discussion of potential 2011 Legislative Priorities City Manager Jennifer Fadden stated Senator Wendy Davis invited mayors and city managers to a meeting to identify legislative priorities related to local government for the next legislative session in January and outlined the suggested issues. Ms. Fadden further reported the Texas Municipal League (TML) has made recommendations to the TML Resolutions Committee and stated those recommendations are included in the agenda briefing. Ms. Fadden stated the City Council may want to ask Senator Davis to advocate for, on behalf of the City, statewide regulation of K2, Texas Municipal Retirement System (TMRS) Act modifications, gas drilling, opposition to reductions to local parks funding and elimination of residential sprinkler ordinance restrictions. Councilmember Taylor spoke regarding redistricting and stated we need to make sure we are not divided; we prefer to have one representative, one senator and one congressman and spoke regarding the federal tax burden on cities. Mayor Kelly spoke regarding the delay in mutual aid reimbursements to cities. City of Colleyville Page 3 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Mayor Pro Tem Jon Ayers spoke regarding the generalization of the issues and whether the City should support such broad initiatives or issues. PC-5 PC-6 PC-7 PC-8 It was determined Mayor Kelly will convey to Representative Vicki Truitt, the City Council's opposition to redistricting cities of similar interest and to cities bearing the responsibility for the state's budget deficit. Discussion of setting a date for a City Council worksession to discuss the SH26 reconstruction project City Council determined the worksession to discuss the SH26 reconstruction project would be held Monday, October 4, 2010, at 6:00 p.m. Presentation of the Colleyville Economic Development Corporation Annual Activity Report Councilmember Muhm requested information regarding the Use of Available Cash in the CEDC budget. Assistant City Manager and Chief Financial Officer Terry Leake stated at the end of the fiscal year, the City has a coverage ratio that is a little over $250,000. The City has to budget or there are lower expenses as opposed to the revenue because there is a 1.40 coverage ratio that has to be met on the bonds. So, that adds back every fiscal year. If not , we basically budget that money; it is called use of available cash. It is the half cent sales tax from the CEDC; the half cent each month, which is one half of what the general fund sales tax is goes back into the CEDC budget. It never goes into the General Fund. Presentation of the Monthly Financial Report -August 2010 Threre was general discussion regarding the Capital Equipment Reserve expenditures and sales tax revenue. Assistant City Manager and Chief Financial OfficerTerry Leake stated there is an approximately $80,000 budget deficit. Discussion of the September 21, 2010 City Council meeting regular agenda items City Manager Jennifer Fadden stated Police Chief Steve Dye will be available to answer questions regarding Consent agenda item 4c regarding the lease agreement with Tarrant County 9-1-1 District for City of Colleyville Page 4 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 rental of the Colleyville communications and jail space. Ms. Fadden stated a super majority vote by City Council will be required for approval of Agenda item 5b regarding a package store at 7101 Colleyville Boulevard. Ms. Fadden further stated regarding Agenda items 5a and 5c, the support and opposition from residents within 200 feet of the subject property has changed and Community Development Director Ron Ruthven is determining whether a super majority vote is necessary and will provide an update as the cases are considered. Additionally, the applicant for Agenda item 5a requested City Council table the item. City Manager Fadden provided City Council with a review of City memberships and agency agreements in the proposed Fiscal Year 2011 (FY 2011) budget for any changes prior to consideration of the FY 2011 budget during the regular meeting. Ms. Fadden further stated staff is requesting information from North Central Texas Council of Governments (NCTCOG) regarding Colleyville ridership numbers on the Trinity Railway Express (TRE) and if City Council renews the THE agreement, funding can be provided through the Council discretionary fund in lieu of including in the FY 2011 budget. City Council determined to fund the Tarrant Regional Transportation Coalition at $2,250. City Manager Fadden stated all August expenses have been posted and staff estimates revenues exceed expenditures by $886,864 at the end of the current fiscal year next week. This amount includes a $702,000 planned draw down of fund balance for the Saddlebrook street reconstruction project, so the net increase to fund balance is estimated to be $184,000 just for revenues, exceeding revenues in the current fiscal year. What is driving most of this is in March the City made significant expenditure adjustments anticipating decline by 8.5% at the end of the fiscal year. The projection did not materialize and the City also received the audit adjustment last month and sales tax revenue out performed projections. In addition, the efforts of the warrant officer and the Court of Record implementation have increased fine revenues dramatically so that has helped the revneue side. Staff provides this information in the event, City Council wishes to modify the proposed budget amendment to allow for a greater transfer into the strategic initiative that provides for City Council to have some flexibility in funding items that relate directly to the strategic plan and economic development incentives. City Council determined economic development incentive opportunities will be reviewed and the budget amended as needed and warranted. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 21, 2010, at 7:17 p.m. City of Colleyville Page 5 Prinfed on 10/7/2010 City Council City Council Minutes September 21, 2010 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, Community Development Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Finance Manager Karen Hines, Information Systems Manager Chris Pena, 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 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz 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 7:17 p.m. and reconvened at 7:51 p.m. INVOCATION: Reverend Jeff Strickland, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 6 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3265 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly invited citizens to attend a public meeting at the Senior Center, 2512 Glade Road, Thursday, September 23, 2010, at 6:00 p.m. for the presentation of the new design of the Kidsville playground project. Mayor Kelly recognized new business J.R.'s Grill and the established and popular J.R.'s Steakhouse, owned and operated by Johnny Ragland. Mr. Matt Parker, Manager, J.R.'s Steakhouse, expressed appreciation to the City Council and citizens for their patronage and invited everyone to visit the new J.R.'s Grill. Mayor Kelly presented a proclamation to Police Chief Steve Dye and Police Lieutenant Rodney Cunningham in recognition of National Night Out, Tuesday, October 5, 2010. Police Chief Steve Dye stated the official National Night Out is held in August but Texas is authorized to celebrate National Night Out in October due to cooler temperatures and encouraged citizens to contact Officer Raymon Cannon for assistance in organizing a neighborhood event October 5 to promote crime prevention programs. Mayor Pro Tem Ayers stated the City lost a great humanitarian, former Councilmember Jim Moore, who was involved in City politics, served on almost every City board, commission and committee and knew more about the City of Colleyville than anyone else. Our prayers and thoughts are extended to Mr. Moore's family. Mayor Kelly stated Mr. Moore attended every City Council meeting and he is with us tonight in spirit. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3266 4a Approval of the minutes of the regular City Council meeting of September 7, 2010 4b Approval to amend the contract for services with James R. Ames, Attorney at Law, for Municipal Court Judge services City of Colleyville Page 7 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 4c Approval of a lease agreement with Tarrant County 9-1-1 District (TC911), for rental of the Colleyville communications and jail space, for a regional 9-1-1 backup site for Northeast Tarrant County, and authorize the city manager to execute the agreement 4d Approval to renew the horticulture grounds maintenance contract with The Lawn Firm, Inc., in an amount not to exceed $139,468 and authorize the city manager to execute same and any associated change orders, in an amount not to exceed $25,000, and subject to the approval of funding in the Fiscal Year 2011 (FY 2011) budget 4e Approval of a bid award for the grounds maintenance mowing contract to Whitmore and Sons, Inc., in an amount not to exceed $126,090 and authorize the city manager to execute the same and any associated change orders, in an amount not to exceed $25,000, and subject to the approval of funding in the Fiscal Year 2011 (FY 2011) budget 4f Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the city manager to execute the agreement Mayor Kelly read Resolution R-10-3266 in its entirety. Police Chief Steve Dye provided information regarding the lease agreement with Tarrant County 9-1-1 District (TC911) for rental of the Colleyville communications and jail space, which will be vacated upon regionalization on October 1, 2010, for a regional 9-1-1 backup site for Northeast Tarrant County. Chief Dye further stated the TC911 would maintain the current communications equipment and infrastructure as a fully functional and operating 9-1-1 center, which would be activated anytime a 9-1-1 center in Northeast Tarrant County was inoperable for any reason., Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-10-3266. Councilmember Hall seconded the motion. City of Colleyville Page 8 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 stated the applicant submitted information regarding traffic impact from the DeShazo Group and stated they wished to amend their request by restricting the sale of any products typically found in a convenience store. The restriction has been included in the proposed ordinance. Mr. Ruthven further stated, based on all of the letters received by staff, there is no super majority requirement. Mayor Kelly opened the public hearing. Mr. Jay P. Volk, applicant, 3719 Tremont Circle, spoke regarding the egress and ingress to the proposed package store, operating hours and security. Mr. Tom Matthews, 2600 Southlake Boulevard, Southlake, Texas, spoke regarding the previous zoning of the property and uses, traffic management and installation of a traffic signal and the center's retail use. Mr. David McMahan, Longwood/26 LTD, 401 North Carroll Avenue, Southlake, Texas, representing the applicant, spoke regarding egress and ingress, operating hours for the proposed package store, traffic flow, previous zoning of the property and uses, residential adjacency and current Special Use Permit for on-site consumption of alcohol. Ms. Chris Marsh, 2202 Broadoak Way, spoke in support of the proposed ordinance and regarding the results of the local option election, groups in opposition to package stores and their concerns and development of the retail center. Mr. G. W. Dodson,7309 Balmoral Drive, spoke in opposition to the proposed ordinance and regarding traffic concerns. City of Colleyville Page 9 Printed on 10!1/2010 City Council City Council Minutes September 21, 2010 Mr. Reece Norris, 3407 Langley Hill Lane, spoke in opposition to the proposed ordinance and regarding potential problems associated with package stores. Mr. Tim Waterworth, 6808 Rockbrook Court, spoke in opposition to the proposed ordinance and regarding neighborhood opposition to the proposed ordinance, ingress and egress, concerns voiced by the Police Chief regarding safety and traffic and permitted uses of the center. Ms. Michelle Hudak, 7004 Cole Court, spoke in opposition to the proposed ordinance and regarding neighborhood opposition to the proposed ordinance, potential patrons of proposed package store and content of recorded telephone message in opposition to package stores. Ms. Catherine Canter, 6905 Upland Lane, spoke in opposition to the proposed ordinance and regarding pedestrian traffic and safety at the community park. Mayor Kelly stated the following individuals wish to record their opposition to the proposed ordinance: John Williams, Manohark Saraf, Linda Gill, Matthew Coates, Woojo Moon, Eric Moon, Myung Moon, Tina Forslund, Brad Forslund, Gabriel Krikorian, Michelle Hudak, Emad Mikhail, Sharad Mane, Kavita Mane, Rachel Koch, Sharon Dowdey, Catherine Canter, Father Samuel Bakoum, Joan Smith, Donna Kauffman, Swarupa Saraf, Berlan Dumas and Mona Patel. Mr. Fred Ballinger, 304 Bandit Trail, spoke in opposition to liquor stores in Colleyville and regarding zoning requirements for package stores, the effect of package stores on property values and the results of the local option election. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Community Development Director Ruthven stated state law and City ordinance provide for all properties within 200 feet of the subject property, which is 7171 Colleyville Boulevard, be rezoned. If the percentage of the actual land area of the property is more than 20% of the buffer area, a super majority vote is required. Just to preface with this particular case, the property to the south is a condominium regime, and the condominium owners of that property each own 5% of the common area around the buildings, so the vote was very close. However, staff calculated this based on actual ownership of the condominiums and corresponding share of the common area. That totaled 11 owners in the condominium regime. City of Colleyville Page 10 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 There was general discussion regarding the previous permitted and prohibited uses of the development, the installation of a traffic light at the intersection of SH26 and Longwood, the egress and ingress, the trip generation calculations for a package store and traffic concerns related to the proposed package store. Mr. David McMahan stated the applicant is willing to furnish a traffic impact study. Discussion ensued regarding the future development of the center and the traffic impact related to future tenants, the impact of the traffic light to egress and ingress to the center and whether the location is suitable for a package store related to traffic and safety concerns. Mayor Pro Tem Ayers moved to table Ordinance 0-10-1767. Mayor Kelly seconded the motion. Discussion continued regarding traffic impact study recommendations and the response of the Texas Department of Transportation (TxDOT) to the recommendations and the timeline for a traffic impact study. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart Nay: 2 -Stan Hall, Mike Taylor 5b 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 stated the applicant is requesting this item be tabled as the applicant is proposing to move the proposed package store to the other side of the existing multi-tenant retail building and stated options for City Council action are the item be tabled to give the applicant time to submit a new site plan, the City Council could return the item to the Planning and Zoning Commission or take action on the item tonight. Mayor Kelly opened the public hearing. Mr. Bryan Hull, 600 Wentworth, Richardson, Texas, Clay Company, Inc., representing the applicant, requested City Council deny the application without prejudice so a new application can be submitted to address City of Colleyville Page 11 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 aesthetic, location and screening issues. Mr. Neal Quigley, 28096 Colleyville Boulevard, Original Joe's Pasta and Pizza, spoke in favor of the proposed ordinance and stated as a tenant of the retail center where the proposed package store would open, we are willing to exchange spaces with the package store to address proximity to the neighborhood and park, and spoke regarding screening, traffic volume and safety concerns. Mr. Charles Primer, 207 West Greenbriar Lane, spoke in opposition to the proposed ordinance and regarding the location of the dumpster. Mr. Gary Guthrie, 505 Woodbriar Lane, President, Woodbriar Estates Homeowner's Association, spoke in opposition to the proposed ordinance. Mayor Kelly stated the folllowing citizens do not wish to speak but wish to record their opposition to the proposed ordinance: G.W. Dodson, Barbara Donnelly, Leanne Southerland, Mike Gramling, Brad Forslund, Tina Forslund, Sharad Mane, Karita Mane, Ingrid Keiser, Ketan Patel, Emad Mikhail, Mona Patel, Berlan Dumas, Swarupa Saref, Father Samuel Bakoum and Sharon Dowdey. There .were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to deny Ordinance 0-10-1768 with prejudice. Councilmember Wollin seconded the motion. Mayor Kelly spoke regarding the traffic flow to the proposed package store. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5c 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. City of Colleyville Page 12 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Community Development Director Ron Ruthven stated the Police Chief provided information related to accidents at John MCain Road and regarding opposition to this particular request, as of this moment, total opposition within 200 feet of the subject property is 20.3%; therefore, a super majority vote is required. Mayor Kelly opened the public hearing. Mr. Randy Johnson, 7041 Braemar Terrace, applicant, spoke regarding the plans for the proposed package store, results of the local option election, alternative uses of the property and stated a willingness to change anything including the service window and awning. Ms. Michelle Hudak, 7004 Cole Court, spoke in opposition to the proposed ordinance and regarding the appropriate use of the property. Ms. Pat Aistrup, 2201 Danielle, spoke regarding the applicant's willingness to work with neighbors regarding screening, sound abatement and security issues. Ms. Donna Kauffman, 1208 John McCain Road, 7111 Colleyville Boulevard, Unique Lanscaping, spoke in opposition to the proposed ordinance and regarding volume and flow of traffic, egress and ingress and safety concerns. Mr. Ken Martin, 7114 Walden Court, spoke in favor of the proposed ordinance and expressed appreciation to the City Council for their comments regarding the zoning issues. Mr. John McDaniel, 3609 Cliffwood Drive, spoke in opposition to the proposed ordinance and regarding the required security for package stores. Mr. Matthew Coates, 7400 John McCain Road, spoke in opposition to the proposed ordinance and regarding the quality of neighborhoods, entrance to the City and warehouse and distribution services of the proposed package store. Mr. G.W. Dodson, 7309 Balmoral, spoke in opposition to the proposed ordinance and regarding traffic flow and egress and ingress issues related to the proposed package store. Ms. Joanne Smith, 2213 Danielle Drive, expressed appreciation to City Council for their service and spoke in opposition to the proposed ordinance and all package stores and regarding screening and pedestrian traffic in the area of the proposed package store. City of Colleyville Page 13 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Mr. Urmesh Shah, 7305 Braemar Terrace, spoke in opposition to the proposed ordinance and regarding the dangerous intersection and proximity of the proposed package store to neighborhoods and City entry markers. Mr. Todd Miller, 1504 Douglas Avenue, spoke in support of the proposed ordinance. Mr. Fred Ballinger, 304 Bandit Trail, spoke in opposition to the proposed ordinance, service window and awning and regarding potential criminal activity near the proposed package store. Ms. Tammy Nakamura, 2204 Collins Path, spoke in support of the proposed ordinance and regarding development of the property. Mr. Tim Waterworth, 6808 Rockbrook Court, spoke in opposition to the proposed ordinance and regarding potential traffic accidents and criminal activity near the proposed package store. Mayor Kelly stated the following citizens do not wish to speak but wish to record their support of the proposed ordinance: Scott Linguard, Eric Miles, Lori Miles, Bobby Clark and Andrea Reel. Mayor Kelly stated the following citizens do not wish to speak but wish to record their opposition to the proposed ordinance: Brad Forslund, Tina Forslund, Myong Moon, Woojo Moon, Gabriel Krikorian, John Williams, Rachel Koch, Coley Canter, Kavifa Mane, Sharad Mane, Michelle Hudak, Angela Khalil, Samir Khalil, Ingrid Keiser, Manshark Saraf, Sharon Dowdey, Father Samuel Bakoum, Swarupa Saref, Berlan Dumas, Mona Patel, Emad Mikhail, Vaughn Odom, Frank Hague, Kathy Dean, Marc Beglari, Marty Shah, Urmesh Shah and Mahuash Hatamieh. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the previous uses of the property, current permitted uses, screening, elimination of the canopy and drive-through window, egress and ingress, signalized light, ~ buffering between the proposed package store and neighborhood property, suitability and compatibility of the proposed package store, parking and circulation, the phases of the development of the business and the need for a traffic impact study. Mr. Johnson outlined the building development phases of the proposed package store. City of Colleyville Page 14 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Discussion ensued regarding the need for a definitive timetable for the construction phases of the building and restrictive zoning. Mr. Johnson stated the business is scheduled to open November 2011. City Attorney Matthew Boyle stated, due to the fact that the applicant in this case has made a straight zoning application, in addition to an application for a Special Use Permit (SUP), you have a live zoning case that will allow the City Council to approve a zoning to any other less intensive category than ML, separate and apart from consideration of the SUP. Mayor Pro Tem Ayers asked the City Attorney, so the City Council could impose the most restrictive zoning classification possible? City Attorney Boyle stated the City Council would have that within the City Council's perogative. Mayor Pro Tem Ayers moved to table Ordinance 0-10-1769. Mayor Kelly seconded the motion. Mayor Pro Tem Ayers requested the applicant provide a traffic study and a timeline for renovation phases. Councilmember Hall stated I think we should get this out of the way tonight. I think continuing to table these things will just prolong arguments and cause the citizens to have to come back. I want it on record that I think this should be resolved tonight. Community Development Director Ruthven stated the property meets the minimum parking requirements of the Land Development Code. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 -Stan Hall Mayor Kelly recessed the meeting at 10:55 p.m. and reconvened at 11:07 p.m. 5d 0-10-1770 Adoption of the proposed Fiscal Year 2011 (FY 2011) budget Mayor Kelly read the caption of Ordinance 0-10-1770. City of Colleyville Page 15 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 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 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. Staff recommends approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Muhm stated staff spent a tremendous amount of time putting this budget together during a difficult year. One thing I would like to see in the future; I think we really need to look at the future sustainability on just one issue, and it is not an easy discussion or topic. It is the whole pension liability thing. We did have a Texas Municipal Retirement System representative in here, but I just think we need to City of Colleyville Page 16 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 look at that on a wholesale basis at some point particularly, in light, with what is happening in the private industry and other municipalities. We are very fortunate to have balanced the City's budget this year and the City Manager and staff have done an excellent job of doing that but I would ask in the future, we look more closely at that. Mayor Kelly moved to approve Ordinance 0-10-1770. 5e 0-10-1771 Councilmember Hall 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 expressed appreciation to the City Manager, Assistant City Manager and staff for an excellent job of managing the budget. 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 that they perform an effective tax rate calculation. The effective Fiscal Year 2010 effective tax rate was calculated at $.372887. This calculated rate is actually higher than what is included in the ordinance that is presented for you tonight for adoption for the tax rate for Fiscal Year 2011, which is $.3559. To comply with the property tax code, the notice of the effective tax rate for Fiscal Year 2011 was published on Wednesday, August 11, 2010, in the Fort Worth Star Telegram. Additionally, so the citizens of Colleyville would be informed of the Fiscal Year 2011 tax rate, City Council adopted Resolution R-10-3258, on August 17, 2010 which reflected their intention to adopt a tax rate of $.3559. This proposed Fiscal Year 2011 tax rate is unchanged from Fiscal Year 2010, and is the fourth year the tax rate has remained at $.3559. For Fiscal Year 2011, the average residential value is lower than it was in Fiscal Year 2010 and that reduction in value equates to an annual property tax decrease of $5.29 to support City services. Additionally, the average value on existing property on the tax roll decreased 3.26%. Something that is important to point out that the effective tax rate calculation has two components; the debt rate and in Fiscal Year 2011, the debt rate will be $.05832 and the remainder of the tax rate of $.29758 will be allocated to operations and maintenance. Those two rates together equal the proposed rate of $.3559 for Fiscal Year 2011. City of Colleyville Page 17 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-10-1771. 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 5f 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 on August 24, 2010, the Colleyville Economic Development Corporation (CEDC) Board met and adopted the annual budget for the CEDC as is required in the corporate bylaws. Ms. Leake further stated the bylaws also require the City Council to ratify the budget after the Board adopted the budget and provided an overview of the expenditures. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Ordinance 0-10-1772. Councilmember Hall 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 5g 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. City of Colleyville Page 18 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Assistant City Manager and Chief Financial Officer Terry Leake reviewed the rate increase process and stated Atmos originally requested a $72 million rate increase and, as a result of negotiations, was reduced to $27 million. Additionally, something that is part of this ordinance is supplemental revenue for the steel service line placement program. Within the 148 cities that makeup the Atmos Cities Steering Commitee, there are approximately 100,000 steel service lines that need to be replaced and Colleyville has 362 service replacement lines that fall into that category. The monthly bill impact for the average residential customer will be approximately be $1.40 increase per month. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Lance Andrews, 4001 Bonehill Lane East, Atmos representative spoke regarding the residential and commercial charges for the steel service line replacments and answered questions of the City Council. Mayor Kelly moved to approve Ordinance 0-10-1773. 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 5h 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. City Manager Jennifer Fadden stated based on a discussion during Pre Council, staff wants to seek clarification regarding the transfer of up to $50,000 dollars to the Strategic Initiatives Fund, the creation of which was part of the proposed Fiscal Year 2011 budget, so staff is seeking clarification at this time. City Manager Fadden stated based on the City Council discussion in Pre Council on this item, there seemed to be consensus that City Council's prefernce is to not create a separate fund and allow these funds to collect in fund balance. So, the budget amendment ordinance will need City of Colleyville Page 19 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 to be modified should that be the direction of City Council. In addition, in the proposed and now adopted Fiscal Year 2011 budget, there is an $80,000 transfer into the Strategic Initiative Fund that is budgeted, and in addition to this $50,000 that is proposed to be transferred from the current year excess revenue. City Manager Fadden stated staff is estimating that at the end of the Fiscal Year next week revenues will exceed expenditures by $185,000; a portion of which does not take into account savings in the street maintenance fund. The City Council has adopted an ordinance that states that anything that is saved from street maintenance bids authomatically gets transferred into captial projects fund up to $150,000. That will be done, but this is in addition to that. Assistant City Manager and Chief Financial Officer Terry Leake stated the $185,000 referenced by the City Manager, does not include that. if the $50,000 transfer was made, then basically $135,000 would be added to fund balance. Mayor Kelly opened the public hearing. 6. 6a Mayor Kelly stated this item will be passed over and requested staff schedule interviews with the Planning and Zoning Commission applicants and place an item for consideration of appointments to the Commission on the October 6, 2010 agenda. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Muhm moved to approve Ordinance 0-10-1774, with the exception of the $50,000 that would go into the Strategic Initiatives Fund; remove it and it will go into the General Fund. 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 RESOLUTION(S): READING AND PUBLIC HEARING R-10-3267 Consideration of appointments to the Planning and Zoning Commission City of Colleyville Page 20 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 6b R-10-3268 Consideration of appointments to the Zoning Board of Adjustment Mayor Kelly stated this item will be passed over and requested staff schedule interviews with the Zoning Board of Adjustment applicants and place an item for consideration of appointments to the Board on the October 6, 2010 agenda. 6c R-10-3269 Consideration of appointments to the Library Board Mayor Kelly read Resolution R-10-3269 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 Kelly nominated Karen Birkes, Place 2; Jerome Davis, Place 4; Mary Alice Rippe, Place 6; and Charna Logan-Gray, Place 7, and ex-officio members, Steve Banta, Corporate Sponsor; Jesse Rodriguez, Grapevine-Colleyville Independent School District; Dr. Larry Darlage, Tarrant County College; Mary Smith, Colleyville Area Chamber of Commerce; and Mayor David Kelly, City of Colleyville for service on the Library Board. There were no other nominations. Mayor Kelly moved to approve Resolution R-10-3269, appointing the following individuals to the Colleyville Library Board: Karen Birkes, Place 2; Jerome Davis, Place 4; Mary Alice Rippe, Place 6; and Charna Logan-Gray, Place 7, and ex-officio members, Steve Banta, Corporate Sponsor; Jesse Rodriguez, Grapevine-Colleyville Independent School District; Dr. Larry Darlage, Tarrant County College; Mary Smith, Colleyville Area Chamber of Commerce; and Mayor David Kelly, City of Colleyville. 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 6d R-10-3270 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-10-3270 in it entirety. City of Colleyville Page 21 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Carol Wollin nominated Louis Miller and Nancy Shepherd for service on the Historical Preservation Committee. There were no other nominations. Councilmember Wollin moved to approve Resolution R-10-3270, appointing Louis Miller and Nancy Shepherd to the Historical Preservation Committee with a term expiring September 2012, and requesting staff advertise for the remaining open positions. 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 Mayor Pro Tem Ayers asked the City Attorney if the members serving on the Planning and Zoning Commission and the Zoning Board of Adjustment, whose terms are expiring September 2010, will continue to serve until new members are appointed. City Attorney Matthew Boyle stated that is correct, as a matter of law. 6e R-10-3271 Consideration of appointments to the Metroport Teen Court Advisory Board Mayor Kelly read Resolution R-10-3271 in its entirety. Mayor Kelly opened th epublic hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall nominated Carrie Stewart and Heath Dowell for service on the Metroport Teen Court Advisory Board. There were no other nominations. Councilmember Hall moved to approve Resolution R-10-3271, appointing Carrie Stewart and Heath Dowell to the Metroport Teen Court Advisory Board with a term expiring September 2011. City of Colleyville Page 22 Printed on 10/7/2010 City Council City Council Minutes September 21, 2010 Councilmember Muhm 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 6f R-10-3272 Consideration of appointments to the Senior Center Advisory Committee Mayor Kelly read Resolution R.-10-3272 in it entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin nominated Debra Minea, Molly Skinner, Anne Gifford, Heath Dowell and Melanie Damron to serve on the Senior Center Advisory Committee. Councilmember Wollin moved to approve Resolution R-10-3272, appointing Debra Minea, Molly Skinner, Anne Gifford, Heath Dowell and Melanie Damron to the Senior Center Advisory Committee with a term expiring September 2012. 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 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Thre was no one present wishing to speak concerning this item. 8. REPORTS: Sign Board of Appeals - Februrary 9, 2010 Library Board Minutes -August 9, 2010 There was no discussion of this item. City of Colleyville Page 23 Printed on 10!7/2010 City Council City Council Minutes September 21, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 21, 2010 -Reading and Public Hearing -Resolution R-10-3273 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Taylor moved to adjourn and 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 Mayor Kelly adjourned the meeting at 11:42 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE 1~ DAY OF Minutest nd prep ~ed-b Cy is Si eton, TRMC, CMC City Secretary NAYS AND 2010. City of Colleyville Page 24 Printed on 10/7/2010