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HomeMy WebLinkAboutCity Council-Minutes-7/19/2011City of Colleyville City Hall ~~~~~' 100 Main Street ~~ ~ ` ~ Colleyville, Texas 76034 ~~~ . Agenda 817.503.1000 ~ 7~~:~~ ~ www.colleyville.com City Council Tuesday, July 19, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of Intermedix Ambulance Billing PC-2 Presentation of the Vial of Life Program PC-3 Discussion of the Guidelines and Criteria for Economic Development Incentives PC-4 Discussion of setting a date for a Joint Worksession with City Council, the Planning and Zoning Commission and the Architectural Review Commission to discuss potential amendments to the City's building design standards PC-5 Update on the City's water conservation program PC-6 Presentation of the Monthly Financial Report - June 2011 PC-7 Discussion of the July 19, 2011, 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 - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville City of Colleyville Page 1 Printed on 7/15/2011 City Council Agenda July 19, 2011 Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities 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 INVOCATION: Neda Moayad, Colleyville Baha'i 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-11-3379 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar eventrs and updates Announcements of awards and recognition Proclamation in recognition of Colby Bannister, Special Olympics World Champion Gymnast In recognition of the featured Colleyville business - Lofa's Libations, 4121 Colleyville Boulevard, Suite 1- Leigh Ann Rodriguez, owner 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3380 4a Approval of the minutes of the regular City Council meeting of June 21, 2011 4b Approval of the minutes of the regular City Council meeting of July 5, 2011 5. ORDINANCE(S) FIRST READING AND PUBLIC HEARING 5a 0-11-1799 Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 City of Colleyville Page 2 Prinfed on 7h5/2011 City Council Agenda July 19, 2011 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3381 Approval to replace Resolution R-04-2352 establishing a Citywide Donation Policy 6b R-11-3382 Approval of a Professional Service Agreement with Kimley-Horn Associates, Inc., for Impact Fee Updates, in an amount not to exceed $85,000, and authorize the city manager to execute the contract 6c R-11-3383 Approval of bid award for health, dental, long-term disability insurance and life and accidental death and dismemberment insurance to Aetna and voluntary vision insurance to Block Vision and authorize the city manager to execute the agreement 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Planning and Zoning Commission Minutes - May 9, 2011 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OFJULY 19, 2011 - Reading and Public Hearing - Resolution R-11-3384 10. ADJOURNMENT: I hereby certi e above w posted on the bulletin boards at City Hall on Friday, July 15, 2011, 5: p.m. ~ ' ~~ / "~. ~" ,~~ ~ C~'/nthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 Printed on 7/15/2011 ~ , ~ ~~ ~ ~ r ~xas City of Colleyville Minutes Clt~/ COUt1Cll City Hall 100 Main Street Colleyviile, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 19, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the City Council was called to order by Mayor David Kelly on July 19, 2011, at 5:31 p.m. Mayor Kelly introduced and welcomed Public Works Director Bob Lowry. PC-1 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Police Lieutenant Hillary Wreay, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Utility Superintendent Ken Tywater, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Tom Hart was absent. Discussion of Intermedix Ambulance Billing Fire Chief Russell Shelley stated the City began contracting with Intermedix in October 2005 to handle all phases of inedical records storage, state reporting and ambulance billing for all patients treated and/or transported by the City of Colleyville ambulance. Chief Shelley further stated Intermedix requested a written document from the City Council that clearly outlines all desired ambulance biling processes in the areas of in-district and out-of-district patient classifications, use of collection agencies, billing write offs and reporting of delinquent accounts to the three primary credit bureaus. Chief Shelley stated the definition of a citizen, for ambulance billing purposes, is a Colleyville resident or a citizen of a neighboring community that utilizes Intermedix, which includes the cities of Bedford, Grapevine, Southlake, Keller, Euless and North Richland Hills and outlined the Intermedix billing practices for citizens and non-citizens. City of Colleyville Page 1 Printed on 8/3/2011 City Council Minutes July 19, 2011 Discussion ensued regarding the billing practices of surrounding cities, the ambulance billing collection percentages, non-citizen collections, Medicare billing procedures and the factors that impact neighboring city revenue collections. Chief Shelley provided information regarding the Intermedix fee structure and collection timeline and outlined options related to Intermedix ambulance billing procedures, which includes retaining current practices, adding balance billing for citizens; removing balance billing of non-citizens; increasing or decreasing time period accounts are in collections; reporting to credit bureaus, and removing neighboring citizen practice and treating as non-citizens. City Council determined an item should be placed on a future City Council agenda to consider ambulance billing processes and include the requirement to report delinquent accounts to credit bureaus for non-citizens. PC-2 Presentation of the Vial of Life Program Battalion Chief Mark Cantrell stated the Vial of Life program provides senior citizens with a medical information sheet, storage container and an identification decal to place on the refrigerator and the door to their residence to alert first responders that important medical information is available, should the senior citizen be incapacitated or unconscious upon their arrival. Battalion Chief Cantrell further stated the program will be launched in late July 2011 through the Colleyville Senior Center events and local physicians and dentists. The Colleyville Fire Academy Alumni Association will fund the decals and storage containers and alumni members will assist in promoting the program. Battalion Chief Cantrell announced the program is available to citizens of any age. Councilmember Muhm requested staff determine if citizens enrolled in the program can be identified by police dispatch and suggested staff research U-line.com for supplies for the Vial of Life Program. PC-3 Discussion of the Guidelines and Criteria for Economic Development Incentives Economic Development Director Marty Wieder provided information regarding the recently adopted Matching Grant Program portion of the " City of Colleyville Texas Economic Development Incentive Guidelines City of Colleyville Page 2 Printed on 8/3/2011 City Council Minutes July 19, 2011 and Criteria and stated this item provides an opportunity to discuss possible modifications to the Matching Grant Program, which includes defining a destination restaurant or retailer; increasing the level of investment for interior tenant improvements from $5,000 to a minimum of $30,000; matching grant payout schedule to allow applicants to illustrate economic viability prior to grant payments and a new Forgivable Loan Program. Discussion ensued regarding development trends in the community, the amount allowed for forgivable loans and the disbursement of funds schedule for qualifying matching grants. Director Wieder stated an item will be placed on a future agenda for City Council consideration of the proposed changes. PC-4 Discussion of setting a date for a Joint Worksession with City Council, the Planning and Zoning Commission and the Architectural Review Commission to discuss potential amendments to the City's building design standards City Council determined a Joint City Council, Planning and Zoning Commission and Architectural Review Commission worksession regarding the City's building design standards will be held Wednesday, September 14, 2011, at 6:00 p.m. at the Colleyville Public Library. PC-5 Update on the City's water conservation program Public Works Director Bob Lowry provided an update on the City's water conservation program, public information efforts related to water conservation, the process for determining and declaring drought emergencies and answered questions of the City Council. Utility Superintendent Ken Tywater provided information regarding the status of the City's water storage tanks, the process for supplementing low water levels and water conservation programs of neighboring cities. PC-6 Presentation of the Monthly Financial Report - June 2011 Finance Manager Karen Hines presented the June 2011 Monthly Financial Report and answered questions of the City Council. PC-7 Discussion of the July 19, 2011, City Council meeting regular agenda items There was no discussion of the regular agenda items. City of Colleyville Page 3 Printed on 8/3/2011 City Council Minutes July 19, 2011 Mayor Keliy adjourned the Pre Council meeting at 6:48 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 19, 2011, at 6:49 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Utility Superintendent Ken Tywater, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Tom Hart was absent. 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 - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities 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 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, Real Estate and Section 551.087, Economic Development. He further explained that there would City of Colleyville Page 4 Printed on 8/3/2011 City Council Minutes July 19, 2011 be no decisions made or action taken during this time. The meeting was recessed at 6:49 p.m. and reconvened at 7:37 p.m. INVOCATION: Councilmember Mike Taylor 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-11-3379 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin invited citizens to see the United Freestyle Stunt Team show, which features high-flying, extreme stunts on 20" bicycles using box jumps and vertical ramps on Tuesday, July 26, 2011, at 6:30 p.m. in front of the Colleyville Public Library. The event is part of the library's summer reading program and is free to the public. Councilmember Muhm asked citizens to keep one of our own in our prayers, Marine Sergeant Johnnie Yellock, who was seriously injured in Iraq and is recovering in San Antonio, Texas. Sergeant Yellock is the son of Johnnie and Reagan Yellock of Colleyville. Mayor Kelly presented a Proclamation to Colby Bannister in recognition of earning one Gold, two Silver and two Bronze medals, as World Champion Gymnast, in the 2011 Special Olympics World Summer Games in Athens, Greece. Colby spoke regarding his experience in Athens and stated he competed for his caring friends and supportive family members and expressed appreciation for the honor of representing TEAM USA. Mayor Kelly congratulated Colby and spoke regarding Colby's achievements, inspiring speeches and representing the United States. Mayor Kelly and Economic Development Director Marty Wieder recognized Lola's Libations and Angie Losack, Director of Sales and Henley Johnson, Director of Marketing. City of Colleyville Page 5 Printed on 8/3/2011 City Council Minutes July 19, 2011 Ms. Losack spoke regarding the company's premium beverage mixers, marketing efforts and the success and popularity of the product. Ms. Johnson spoke regarding the company's support of local charities. Mayor Kelly welcomed Lola's Libations to the Colleyville business community and wished the business continued success. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3380 4a Approval of the minutes of the regular City Council meeting of June 21, 2011 4b Approval of the minutes of the regular City Council meeting of July 5, 2011 Mayor Kelly read Resolution R-11-3380 in its entirety. 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-11-3380. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart 5. ORDINANCE(S) FIRST READING AND PUBLIC HEARING 5a 0-11-1799 Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Mayor Kelly read the caption of Ordinance 0-11-1799. Community Development Director Ron Ruthven provided an overview of - the request for a Special Use Permit to allow alcoholic beverage sales for on-premise consumption at 5003 Colleyville Boulevard and stated the City of Colleyville Page 6 Printed on 8/3/2011 City Council Minutes July 19, 2011 Planning and Zoning Commission recommended approval and staff recommends approval with the provisions stated in the proposed ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Director Ruthven provided information regarding the hours of operation for on-premise consumption of alcohol, the 60 percent food versus 40 percent maximum alcohol sales requirement as prescribed in the Code of Ordinances and the building design score. Mr. Tom Aikens, 500 Dartmoore, applicant, spoke regarding the building design, customer parking accommodations, restaurant menu and restaurant and catering experience, and stated the projected opening date is late August or early September. Mayor Kelly requested the Special Use Permit to allow alcoholic beverage sales for on-premise consumption be tied to the applicant and the name of the business. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3381 Approval to replace Resolution R-04-2352 establishing a Citywide Donation Policy Mayor Kelly read Resolution R-11-3381 in its entirety. City Secretary Cynthia Singleton stated the City Council approved a Citywide Donation Policy in 2004 to provide consistent and uniform guidelines to the City and provide the donor knowledge of the policies under which a donations is given and accepted. Ms. Singleton outlined the proposed modifications to the Donation Policy include exempting donations from the Colleyville Citizen's Police Academy (CPA) Alumni Association and the Colleyville Citizen's Fire Academy (CFA) Alumni Association, donations $2,500 and less; monetary donations and services-in-kind provided to City of Colleyville sponsored events from the Policy; and consideration to accept items on a loan basis with the approval of the city manager and include the value of the donation on the Donation and Transfer of Title form. Mayor Kelly opened the public hearing. City of Colleyville Page 7 Printed on 8/3/2011 City Council Minutes July 19, 2011 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly stated the Friends of the Colleyville Public Library and the Colleyville Public Library Foundation exist solely for the purpose of supporting the library and are exempt from the policy and City Council is considering the exemption of the CPA and CFA Alumni Associations, which support the Police and Fire Departments. Councilmember Wollin moved to approve Resolution R-11-3381, with an amendment to the Donation Policy to report donations $1,000 and above to the City Council on a quarterly basis. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart 6b R-11-3382 Approval of a Professional Service Agreement with Kimley-Horn Associates, Inc., for Impact Fee Updates, in an amount not to exceed $85,000, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-11-3382 in its entirety. Community Development Director Ron Ruthven stated Chapter 395 of the Texas Local Government Code provides the statutory authority for municipalities to colfect water, sewer and roadway impact fees to pay for the expansion of major public facilities due to the additional demands on these systems generated by new developments. Colleyville began collecting roadway and water impact fees in 1990 and added sewer impact fees in 1995. Texas law requires communities, which collect impact fees, to update the related water, sewer and roadway impact fee analysis and recalculate the applicable fee schedules every five years. The City contracted with Kimley-Horn and Associates, Inc. in 2006 for the update and recommends Kimley-Horn and Associates, Inc., be retained to perform the 2011 update due to the firm's experience and knowledge of the City. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 8 Printed on 8/3/2011 City Council Minutes July 19, 2011 Discussion ensued regarding the Lavaca Trail and Murphy Road impact fee update, the content of the 2011 Impact Fee Update and the comparison of data and fees of the 2006 and 2011 updates. Mr. Jeff Whitaker, Kimley-Horn and Associates, Inc. representative, provided information regarding the process for obtaining and type of information included in the development of the Impact Fee Update, the scope of work and project timeline, and stated the purpose of the impact fee update is to calculate the maximum fee by law that can be collected for a particular development. Councilmember Taylor spoke regarding legislation that led to the requirement for the update related to the water, sewer and roadway impact fees analysis. Mayor Kelly moved to approve Resolution R-11-3382. Councilmember Taylor seconded the motion. Discussion continued regarding funding the impact fee update, the calculation process for previous updates and a City Council orientation regarding an impact fee update development process The motion carried by the following vote: Aye: 5- David Kelly, Carol Wollin, Stan Hall, Jody Short, Mike Taylor Nay: 1 - Michael Muhm Absent: 1 - Tom Hart 6c R-11-3383 Approval of bid award for health, dental, long-term disability insurance and life and accidental death and dismemberment insurance to Aetna and voluntary vision insurance to Block Vision and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-11-3383 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake provided an overview of the health, dental basic life and accidental death and dismemberment (AD&D) insurance, long term disability insurance and the optional employee paid vision plan insurance bid results. Ms. Leake spoke regarding the employee wellness initiative, reviewed the insurance subsidy levels related to the Tier structure and stated the proposed plan cost is less than Fiscal Year 2011. Ms. Leake further stated retaining Aetna as a health insurance carrier builds the City's experience modifier City of Colleyville Page 9 Printed on 8/3/2011 City Council Minutes July 19, 2011 for next year's Aetna rerate. Ms. Leake introduced Utility Superintendent -- Ken Tywater, a member of the Wellness and Benefits Committee. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the percentage of employees participating in the medical screening process, screening schedule options, difference in employee insurance cost per Tier structure and efforts to encourage 100% participation in the wellness program. City Manager Jennifer Fadden stated employees had the option of visiting their own physician and the screening results were submitted to Cooper Corporate Solutions. City Manager Jennifer Fadden stated the savings to the City is a result of the tier structure; of the $116,000 that is being saved in medical insurance cost, only about $40,000 is attributable to the rate reduction to Aetna. The remaining savings is due primarily to tiering our employee's subsidy levels resulting in a positive financial impact to the City. Mayor Kelly expressed appreciation to the Wellness and Benefits Committee for the time and analysis of the insurance bids and efforts to reduce healthcare costs. Discussion continued regarding out of network and out of pocket insurance expenses. Mr. Lewis Cochius, Cooper Corporate Solutions, spoke regarding the Blue Cross Blue Shield in and out of network fee structure and answered questions of the City Council. Mayor Kelly moved to approve Resolution R-11-3383. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart City of Colleyville Page 10 Printed on 8/3/2011 City Council Minutes July 19, 2011 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. Councilmember Taylor requested reconsideration of Consent Item 4b, Approval of the minutes of the regular City Council meeting of July 5, 2011. Mayor Kelly opened the floor for reconsideration of Consent Item 4b, Approval of the minutes of the regular City Council meeting of July 5, 2011. Councilmember Taylor made a friendly amendment to amend the July 5, 2011 City Council minutes, Item PC-2, as follows: City Council determined an item should be placed on a future agenda for consideration of the proposed rate increase, the Citywide recycling program and the renegotiation of the five year contract with IESI. Councilmember Wollin and Mayor Kelly accepted the friendly amendment. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart 8. REPORTS: Planning and Zoning Commission Minutes - May 9, 2011 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OFJULY 19, 2011 - Reading and Public Hearing - Resolution R-11-3384 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councilmember Hall seconded the motion. City of Colleyville Page 11 Printed on 8/3/2011 City Council Minutes July 19, 2011 The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart Mayor Kelly adjourned the City Council meeting at 9:13 p.m. APPROVED B`i( A VOTE OF ~_ AYES, ABSTENTIONS ON THIS THE P DAY OF Minutes Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2011. ~ City of Colleyville Page 12 Printed on 8/3/2011