HomeMy WebLinkAboutCity Council-Minutes-3/20/2007
City of Colleyville
Agenda
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Tuesday, March 20, 2007
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation and overview of Tarrant County Projects by Commissioner
Fickes
PC-2 Discussion regarding proposed Comprehensive Development
Agreement (CDA) legislation and probable impacts on Dallas-Fort Worth
(DFW) transportation projects
PC-3 Presentation of the Monthly Financial Report - February 2007
PC-4 Discussion of the proposed amendments to the Records Management
Ordinance 0-90-797
PC-5 Review of proposed web pages detailing the Capital Improvement Plan
PC-6 Update concerning RFP process for refuse and recycling services
PC-7 Discussion of the March 20,2007, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v.
City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott
v. John Smith, Wildwood Suites Property Management, Inc., Ian
Robert Smith, Montclair Pare Homeowners Association, Inc.,
Montclair Pare, Inc., and the City of Colleyville
City of Colleyville
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City Council
Agenda
March 20, 2007
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Dorothy Eggering, Good Shepherd Catholic Community
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-07-2819
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Presentation
Recognition of employees for years of service
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07 -2820
4a Approval of the minutes of the regular City Council meeting of March 6,
2007
4b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07 -009
4c Approval of a donation of up to $10,000.00 from the Colleyville Baseball
Association for a lightning detector system at City Park
4d Approval of a donation of $5,000.00 from the Colleyville Baseball
Association and a donation of $2,500.00 from the Colleyville Girls
Softball Association for artificial turf replacement at Reagan Park
4e Approval of a local historical marker entitled "Frontier Justice" to be
placed at the Riley Family Cemetery
City of Colleyville
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Agenda
March 20, 2007
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a
0-07-1611
Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 6.4 acres out of the George W. Teeter Survey located at
1301 Glade Road, Case Z-07-005
5b
0-07 -1612
Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 0.65 acres out of the S.C.H. Witten Survey located at
5504 Montclair Drive, Case Z-07 -006
5c
0-07-1613
Approval to an Amendment to Chapters 9 and 14 of the Land
Development Code regarding emergency access gate maintenance,
Case G-07 -007
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07-1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the
E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case
Z-07 -003
6b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General
Election elected to office and canceling the election
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Senior Center Advisory Committee Minutes - January 18, 2007
Parks and Recreation Advisory Board Minutes - February 5, 2007
Zoning Board of Adjustments Minutes - February 13, 2007
Planning and Zoning Commission Minutes - February 26, 2007
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2007
- READING AND PUBLIC HEARING - Resolution R-07 -2821
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
March 16, 2007, by 5:00 p.m.
City of Colleyville
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City Council
Agenda
March 20, 2007
6/t~~a~
Cynthia Singleton, TRMC, C
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
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Printed on 3/16/2007
City of Colleyville
City Council Minutes
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Tuesday, March 20, 2007
CITY COUNCIL CHAMBERS
PC-1
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on March 20, 2007, at 5:31 p.m.
ROLL CALL: Councilpersons George Boll, Tony Licata, Rich
Hendler, Tom Hart and Mike Taylor were present. Mayor David
Kelly, City Manager Bill Lindley, Assistant City Manager Dal
Anderson, Police Chief Tommy Ingram, Fire Chief Mike Johnston,
Public Works Director Steve Chutchian, Finance Director Terry
Leake, Acting Community Development Director Chris Fuller,
Budget and Administrative Services Manager Stephen Seidel,
Communications Manager Mona Gandy, Human Resources Director
Kelly Cooper, Parks and Recreation Director Monica Walsh,
Recreation Supervisor Luke DeFilippis, Records Coordinator Nicole
Seidel, Management Assistant Matt McCombs, Audio Visual
Technician Les Earwood, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Mayor Pro Tern Jon Ayers was absent.
Mayor Kelly introduced Mayor Oscar Trevino and City Manager Larry
Cunningham of North Richland Hills.
Presentation and overview of Tarrant County Projects by Commissioner
Fickes
County Commissioner Gary Fickes introduced Carolyn Sims, Precinct
Administrator and Neal Welch, Director of Field Operations.
Commissioner Fickes provided an overview of Tarrant County projects,
current City and County street projects and funding timeline for projects.
He further stated information regarding Tarrant County road projects
may be accessed at www.trtcmobility.org and spoke of the need for John
Peter Smith Hospital satellite facilities in northeast Tarrant County.
Councilman Hendler expressed appreciation to Commissioner Fickes for
the partnership between the County and City for road projects.
City of Colleyville
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March 20, 2007
PC-2
Discussion regarding proposed Comprehensive Development
Agreement (CDA) legislation and probable impacts on Dallas-Fort Worth
(DFW) transportation projects
Mayor Oscar Trevino of North Richland Hills presented information
regarding the proposed Comprehensive Development Agreement
legislation, potential impacts on Dallas-Fort Worth transportation projects
and answered questions of the Council. He further stated that the
Tarrant Regional Transportation Coalition is requesting that local officials
send letters opposing the legislation to legislators.
Council determined that a letter opposing SB 1267 and HB 2772 would
be sent to Senator Jane Nelson and Representative Vicki Truitt.
PC-3
Presentation of the Monthly Financial Report - February 2007
The meeting was adjourned prior to this item being discussed.
PC-4
Discussion of the proposed amendments to the Records Management
Ordinance 0-90-797
The meeting was adjourned prior to this item being discussed.
PC-5
Review of proposed web pages detailing the Capital Improvement Plan
The meeting was adjourned prior to this item being discussed.
PC-6
Update concerning RFP process for refuse and recycling services
Budget and Administrative Services Manager Stephen Seidel provided
an update regarding the Refuse and Recycling Request for Proposal
(RFP) process and actions taken by peer cities related to refuse and
recycling.
Council determined that staff will continue the RFP process and meet
with IESI representatives regarding the current contract.
PC-7
Discussion of the March 20,2007, City Council regular agenda items
There was no discussion of the regular agenda items.
There being no further business, Mayor David Kelly declared the Pre
Council meeting adjourned at 6:52 p.m.
City of Colleyville
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City Council
City Council Minutes
March 20, 2007
-
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly at 7:00 p.m.
ROLL CALL: Councilpersons George Boll, Tony Licata, Rich
Hendler, Tom Hart, and Mike Taylor were present. Mayor David
Kelly, City Manager Bill Lindley, Assistant City Manager Dal
Anderson, Police Chief Tommy Ingram, Fire Chief Mike Johnston,
Public Works Director Steve Chutchian, City Engineer Chad Bartee,
Community Development Director Barry LeBaron, Acting
Community Development Director Chris Fuller, Communications
Manager Mona Gandy, Human Resources Director Kelly Cooper,
Parks and Recreation Director Monica Walsh, Audio Visual
Technician Les Earwood, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Mayor Pro Tern Jon Ayers arrived at 7:15 a.m.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
,..
Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v.
City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott
v. John Smith, Wildwood Suites Property Management, Inc., Ian
Robert Smith, Montclair Pare Homeowners Association, Inc.,
Montclair Pare, Inc., and the City of Colleyville
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
{--
Mayor Kelly explained that the Executive Session had been called in
accordance with the Texas Government Code Chapter 551, Subchapter
D, Section 551.071, Legal, Section 551.072, Property, and Section
551.087, Economic Development. He further explained that there would
be no decisions made or action taken during this time. The meeting was
recessed at 7:01 p.m. and reconvened at 7:49 p.m.
City of Colleyville
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City Council Minutes - Draft
March 20, 2007
INVOCATION: Dorothy Eggering, Good Shepherd Catholic Community
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-07-2819
There was no action taken on this item.
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Councilman Taylor, on behalf of the City Council, commended the Fire
Department personnel and Police Department personnel for the
decorum, dignity and care exhibited after a fatal accident.
Mayor Kelly invited children, infants to 9 years old, to participate in the
Candy Free Egg Hunt at City Park, 3:00 to 5:00 p.m. on March 31, 2007
and for children age 10 to 14, a Good Night Egg Hunt will be held at City
Park, 6:30 to 8:00 p.m.
Mayor Kelly expressed appreciation to Assistant City Manager Dal
Anderson who is leaving the City and wished him success in his new
endeavors.
Mayor Kelly recognized Brian Wilson, Police Officer; Steve Chutchian,
Public Works Director; Michael Stephens, Firefighter/Paramedic; Mike
Almy, Parks Maintenance Worker; Luke DeFilippis, Recreation
Supervisor; Gary Keahey, Equipment Operator; Patrick Starrett, Police
Officer and Marilyn Gilbert, Colleyville Center Administrative Assistant for
one year of service, and Debby Scott, Assistant to the Finance Director
for fifteen years of service to the City.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07-2820
4a Approval of the minutes of the regular City Council meeting of March 6,
2007
4b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07 -009
4c Approval of a donation of up to $10,000.00 from the Colleyville Baseball
Association for a lightning detector system at City Park
City of Colleyville
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City Council Minutes - Draft
March 20, 2007
4d
Approval of a donation of $5,000.00 from the Colleyville Baseball
Association and a donation of $2,500.00 from the Colleyville Girls
Softball Association for artificial turf replacement at Reagan Park
4e
Approval of a local historical marker entitled "Frontier Justice" to be
placed at the Riley Family Cemetery
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilman Taylor moved to approve Resolution R-07-2820.
Councilman Hendler seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly expressed appreciation to the Colleyville Baseball
Association and the Colleyville Girls Softball Association for contributions
to improve Reagan Park.
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-07-1611 Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 6.4 acres out of the George W. Teeter Survey located at
1301 Glade Road, Case Z-07-005
Mayor Kelly read the caption of Ordinance 0-07-1611.
Mayor Kelly opened the public hearing.
Mr. Ron Shirley, Southlake, Texas, applicant, proposed the approval of
R20 zoning conditional upon drainage study results.
Mr. Steve Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance, future development in the area and regarding
roadways.
Ms. Connie Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding the Master Plan.
City of Colleyvi/le
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Ms. Connie Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding the Master Plan.
Mr. Todd Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding the Master Plan related to the
proposed zoning and traffic flow.
Mr. Andy Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding potential traffic congestion related to
the proposed subdivision.
Mr. Wes Lansford, 1313 Glade Road, spoke in opposition to the
proposed ordinance and regarding traffic flow, the Master Plan and
estate lots.
Mr. Chris Jefferson, 6749 St. Martins, spoke in opposition to the
proposed ordinance and in support of the Master Plan.
Mr. Roy Jackson, 1117 Garry Lynne, representing his father George
Jackson, 1117 Garry Lynne, spoke regarding drainage issues, traffic flow
and the Master Plan.
Mr. Keith Mouney, 1216 Chatsworth Drive, spoke in opposition to the
proposed ordinance and regarding lot size along Glade Road and in
appreciation of the Pledge of Allegiance and prayer recited prior to the
Council meeting.
Mr. Clifton Duke, 3416 Circle Bend Place, spoke in favor of the proposed
ordinance and regarding the drainage issues and the floodplain.
Ms. Michele Whitten, 1205 Garry Lynne, spoke in opposition to the
proposed ordinance.
Ms. Linda Whitten, 1209 Garry Lynne, spoke in opposition to the
proposed ordinance and regarding standing water in the backyard.
Mr. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to the
proposed ordinance and regarding open space.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly requested that the City Attorney address the proposal made
by the applicant, Mr. Ron Shirley, related to drainage.
City Attorney Matthew Boyle stated "it would be a conditional consent to
City initiated rezoning. The City always has the ability to unilaterally
City of Colleyville
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March 20, 2007
rezone property and this would effectively be the owner's anticipatory
consent being granted to the City that they would not oppose or in any
way stand against a City initiated rezoning if that condition was met. The
condition in that case being the inability of the applicant to successfully
plat the property based on drainage concerns."
Discussion ensued regarding the future land use map related to density,
setback, trees and drainage plan.
Mayor Kelly moved to approve Ordinance 0-07-1611.
Councilman Taylor seconded the motion.
The motion failed by the following vote:
Aye: 1 - David Kelly
Nay: 6 - George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom
Hart, Mike Taylor
Mayor Pro Tem Ayers moved to deny Ordinance 0-07-1611.
Councilman Boll seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
5b 0-07-1612 Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 0.65 acres out of the S.C.H. Witten Survey located at
5504 Montclair Drive, Case Z-07 -006
Mayor Kelly read the caption of Ordinance 0-07-1612.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilman Taylor moved to approve Ordinance 0-07-1612.
Councilman Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
City of Colleyville
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March 20, 2007
5c 0-07-1613 Approval to an Amendment to Chapters 9 and 14 of the Land
Development Code regarding emergency access gate maintenance,
Case G-07 -007
Mayor Kelly read the caption of Ordinance 0-07-1613.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilman Taylor moved to approve Ordinance 0-07-1613.
Councilman Kelly seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07-1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the
E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case
Z-07-003
Mayor Kelly read the caption of Ordinance 0-07-1614.
Acting Community Development Director Chris Fuller provided an
overview of the request, history of the property, the Planning and Zoning
recommendation and information related to the hours of operation.
Mayor Kelly opened the public hearing.
Mr. Ben Johnson, 1712 Oak Knoll Drive, member of First Baptist Church,
spoke in opposition to the proposed ordinance.
Ms. Sandra Williamson, 5509 Janet Lane, homeowner and member of
First Baptist Church, spoke in opposition to the proposed ordinance and
regarding a healthy lifestyle and safety concerns related to the proposed
business.
Mr. Dale Molden, 105 Timberline Drive North, spoke in opposition to the
proposed ordinance and regarding previous businesses at the location.
City of Colleyville
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March 20, 2007
Mr. Darius McKay, 1322 Briar Ridge Drive, Keller, Texas, Pastor, spoke
in opposition to the proposed ordinance and regarding the Master Plan,
family community and hours of operation of the proposed business.
Mr. Michael Ray, 5405 Pleasant Run Road, Pastor, First Baptist Church,
spoke in opposition to the proposed ordinance and hours of operation of
the proposed business.
Mr. Richard Schoulin, 1200 Clubhouse Court, South lake, member of
First Baptist Church, spoke in opposition to the proposed ordinance and
regarding the distance between the children's activity room and the
business property.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Acting Community Development Director Chris Fuller stated the
applicant is requesting the item be tabled and the Public Hearings be
held April 3 and April 17, 2007.
City Council determined that the second public hearing would be held
April 3, 2007.
Councilman Taylor stated that he is a member of the First Baptist
Church of Colleyville.
6b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General
Election elected to office and canceling the election
Mayor Kelly read the caption of Ordinance 0-07-1615.
City Secretary Cynthia Singleton reported that there are no write-in
candidates and each candidate on the ballot is unopposed for election to
office and under these circumstances, the Texas Election code
authorizes the City Council to declare the candidates elected to office
following the time the election results would be canvassed and cancel
the May 12, 2007 General Election. The candidates will take office May
15,2007.
Mayor Kelly opened the public hearing.
Mr. Jim Moore, 1416 Glade Road, spoke in support of the proposed
ordinance and suggested purchasing recumbent bicycles for the Senior
Center with the funds designated for election expenses.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
City of Colleyville
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March 20, 2007
Councilman Hendler stated that Councilman Boll, who is not running for
City Council, is part of the success and stability of the City Council and it
is an honor serving beside him.
Councilman Taylor congratulated Mayor Kelly, Councilman Licata and
Ms. Carol Wollin for a victory at the polls.
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Senior Center Advisory Committee Minutes - January 18, 2007
Parks and Recreation Advisory Board Minutes - February 5, 2007
Zoning Board of Adjustments Minutes - February 13, 2007
Planning and Zoning Commission Minutes - February 26, 2007
There was no action taken on this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2007
- READING AND PUBLIC HEARING - Resolution R-07-2821
This resolution was not needed.
10. ADJOURNMENT:
There being no further business before the City Council, Councilman
Taylor moved to adjourn.
Councilman Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 9:08 p.m.
City of Colleyville
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March 20, 2007
APPROVED BY A VOTE OF ~ AYES, 0 NAYS AND D
ABSTENTIONS ON THIS THE ~ ~/t...t:iL DAY OF f~,----- 2007.
City of Colleyville
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