2010-07-06 Regular CC Meeting Vj CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: JULY 6, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Southlake Baptist
3. Discuss Southlake water system and provide update on current water demand.
4. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 6:30 P.M. or immediately following the work session
1. CaII to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding sexually- oriented
businesses.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
b. Discuss the potential amortization of property located at 815
Randol Mill Avenue, Southlake, Texas 76092 (also known as
875, 845, 815, 850, 820, and 800 Enterprise Place,
Enterprise Drive or Gifford Court, Southlake, Texas 76092).
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3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Attorney.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
B. City Manager's Report
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve minutes from the June 15, 2010 regular City Council meeting and
the minutes from the June 22, 2010 June Retreat with City Council.
B. This item was intentionally left blank.
C. This item was intentionally left blank.
D. Resolution No. 10 -027, Appoint five members to serve on the Board of
Directors of the Tax Increment Reinvestment Zone Number One, City of
Southlake, Texas.
E. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended
(Plat Extension), extending the validity of Case ZA05 -088, Plat Revision
for Lots 13R1 and 13R2, F. Throop No. 1511 Addition (Johnson
Elementary School). Current Zoning: CS Community Service District.
SPIN Neighborhood #3.
F. Consider SV10 -011, Sign Variance for a temporary sign for Carillon Office
Development located in the 200 Block of East State Highway 114.
G. Approve a contract in an amount not to exceed $14,000 to Kleinfelder for
ambient air quality testing within the City of Southlake.
City of Southlake values:
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City Council meeting agenda
July 6, 2010
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H. Ordinance No. 977, 1 Reading, Dedication of an easement and right -of-
way on city -owned park property at Bicentennial Park to Oncor Electric
Delivery Company. (If approved on first reading, a public hearing will be
held at the July 20, 2010 City Council meeting.)
I. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended
(Plat Extension), extending the validity of Case ZA07 -136, Plat Revision
for Lot 11R, J.G. Allen No. 18 Addition (Northeast Baptist Church).
Current Zoning: CS Community Service District. SPIN Neighborhood
#11.
J. Ordinance No. 480 -588 (ZA09 -017), 1 Reading, Zoning Change and Site
Plan for Bethel Methodist Church of Southlake on property being
described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18,
Tarrant County and being located at 180 and 190 Jellico Circle West.
Current Zoning: SF -1A Single Family Residential District. Proposed
Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #11. THIS
ITEM IS TABLED TO THE JULY 20, 2010 CITY COUNCIL MEETING AT
THE REQUEST OF THE APPLICANT. (This is the 8 time this item has
been tabled.)
K. ZA10 -014, Site Plan for Brazos Southlake Substation and a variance to
the Masonry Ordinance No. 557 -A, as amended, on property being
described as Lot 3, Block A, MTP -IBM Addition No. 1, being located at
3411 T. W. King Road. Current Zoning: NR -PUD Non Residential Planned
Unit Development District. SPIN Neighborhood #1. THIS ITEM IS
TABLED TO THE JULY 20, 2010 CITY COUNCIL MEETING AT THE
REQUEST OF THE APPLICANT. (This is the 6th time this item has been
tabled.)
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. ZA10 -034, Site Plan for improvements to Johnson Elementary School on
property being described as Lot 13A, F. Throop, No. 1511 Addition, an
addition to the City of Southlake and being located at 1301 North Carroll
Avenue and being approximately 13.87 acres. Current Zoning: CS
Community Service District. SPIN Neighborhood #3. PUBLIC HEARING
B. Variance to Masonry Ordinance No. 557 -A for one portable building at
Durham Intermediate School being described as Lot 1, Block 1, Carroll
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ISD No. 1 Addition, an addition to the City of Southlake and being located
at 801 Shady Oaks Drive. Current Zoning: CS Community Service
District. PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Resolution No. 10 -031, Declare a 90 -day moratorium on the acceptance
or processing of any sign applications for readerboard (electronic or
manual) signs as defined in Sign Ordinance No. 704 -D.
9. Other items for consideration:
A. Consider MSP10 -004, Master Sign Plan for the Medical Villas at Tuscan
Creek located at 311 and 321 West Southlake Boulevard.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, July 2, 2010, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, TR C m
City Secretary
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If you plan to attend this publit,r,nett arl&'have a disability that requires special needs, please
advise the City Secretary's Officea548'',ours in advance at 817 748 -8016 and reasonable
accommodations will be made to assist you.
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City Council meeting agenda
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EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and /or contemplated litigation subjects:
1. Jayson Steele vs. City of Southlake. August 2008.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay,
or expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
Section 418.183(fl: Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
City of Southlake values:
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City Council meeting agenda
July 6, 2010
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radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) (e): Local meetings to discuss emergency management
plans regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and /or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
City of Southlake values:
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CITY TEXAS O F OFFICIAL RECORD
SOUTHLAI(
REGULAR CITY COUNCIL MEETING MINUTES: JULY 6, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell (arrived at 6:22 p.m.), Mayor Pro Tem
Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn
Morris (arrived at 5:36 p.m.), Pamela A. Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Director of
Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources
Stacey Black, Director of Information Technology Dale Dean, Director of Planning and
Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Richard
Schell, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director
of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer,
Environmental Coordinator Christi Upton, City Attorney E. Allen Taylor, and City
Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Pro
Tem Hill at 5:32 p.m.
Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church gave the
invocation. Mayor Pro Tem Hill led the pledge of allegiance.
Agenda Item No. 3. Discuss Southlake water system and provide update on current
water demand. Director Price presented this item and answered Council's questions.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action will be
taken and each item will be considered during the Regular Session. Council reviewed
the items on the consent agenda. Item 8A was moved to the consent agenda for
approval.
Councilmember Morris requested item 4G be removed from consent and considered
separately.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010
Page 1 of 6
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Pro Tem Hill at 6:22 p.m.
Mayor Terrell arrived at 6:22 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tem Hill announced City Council
would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with attorney; Section 551.072, deliberation regarding
real property; Section 551.074 deliberation regarding personnel matters; and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:22 p.m. Executive Session began at 6:35 p.m. and
ended at 8:13 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:21
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. Mayor's Report Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events.
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton thanked St.
Laurence Episcopal Church Boy Scout Troop 168 for helping the city with our flag
project over the Independence Day weekend. They assisted staff by placing flags in
Town Square over the July 4 weekend which really added to the visual impact and
importance of the event.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the consent agenda items.
Agenda Item No. 4A. Approve minutes from the June 15, 2010 regular City Council
meeting and the minutes from the June 22, 2010 June Retreat with City Council. The
minutes were approved as presented.
Agenda Item No. 4B. This item was intentionally left blank.
Agenda Item No. 4C.This item was intentionally left blank.
Agenda Item No. 4D. Resolution No. 10 -027, Appoint five members to serve on the
Board of Directors of the Tax Increment Reinvestment Zone Number One, City of
Southlake, Texas. A presentation was not made on this item. Council appointed
members Al Zito and Jeff Wang to a one year term to fill the remainder of the terms of
Virginia M. Muzyka and Gregory Jones. Council also re- appointed Council members
Laura K. Hill, Carolyn Morris, and Brandon Bledsoe with terms to expire in May 2012.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010
Page 2 of 6
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
fol lows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS
TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT
ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE
DATE.
Agenda Item No. 4E. Variance to Section 4.01 of Subdivision Ordinance No. 483, as
amended (Plat Extension), extending the validity of Case ZA05 -088, Plat Revision for
Lots 13R1 and 13R2, F. Throop No. 1511 Addition (Johnson Elementary School).
Current Zoning: CS Community Service District. SPIN Neighborhood #3. A
presentation was not made on this item. Council approved this item with an approval
date of the plat extension until September 6, 2010.
Agenda Item No. 4F. Consider SV10 -011, Sign Variance for a temporary sign for
Carillon Office Development located in the 200 Block of East State Highway 114. A
presentation was not made on this item.
Agenda Item No. 4G. Approve a contract in an amount not to exceed $14,000 to
Kleinfelder for ambient air quality testing within the City of Southlake. During the work
session, Councilmember Morris asked for this item to be removed from the consent
agenda and to be discussed during the regular meeting. It was later decided to leave it
on consent.
City Attorney Taylor commented that during the executive session, he had an
opportunity to brief the Council on the legal issues relating to the contract contents, the
protocol, and the method of implementation. It is his understanding that Council is now
aware that the contract is the original draft instrument prepared by the consultant after
on -going conversations with the city staff. We have requested that State and Federal
Agencies that are also involved in air quality enforcement provide input as to whether or
not any additional tests should be added to the study protocol. Council has suggested to
staff that if they find those suggested tests to be reasonable, they should be added to
the contract and if that increases the projected price of the contract the contract will be
modified or amended to include those cost estimates up to the maximum amount
permitted by law for approval by the City Manager. It is his understanding that the
Council desires to go ahead in its motion tonight to direct the staff to implement this
program and proceed with the execution of the contract when it is in its final form after
adding into the agreement any additional tests deemed appropriate by State or Federal
representatives and adjusting the cost to reflect the increased price of that testing.
Agenda Item No. 4H. Ordinance No. 977, 1 Reading, Dedication of an easement and
right -of -way on city -owned park property at Bicentennial Park to Oncor Electric Delivery
Company. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010
Page 3 of 6
Agenda Item No. 41. Variance to Section 4.01 of Subdivision Ordinance No. 483, as
amended (Plat Extension), extending the validity of Case ZA07 -136, Plat Revision for
Lot 11R, J.G. Allen No. 18 Addition (Northeast Baptist Church). Current Zoning: CS
Community Service District. SPIN Neighborhood #11. A presentation was not made on
this item. Council approved this item with an approval date of the plat extension until
April 1, 2011.
Agenda Item No. 4J. Ordinance No. 480 -588 (ZA09 -017), 1 Reading, Zoning Change
and Site Plan for Bethel Methodist Church of Southlake on property being described as
Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Tarrant County and being
located at 180 and 190 Jellico Circle West. Current Zoning: SF -1A Single- Family
Residential District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #11. This item was tabled to the July 20, 2010 City Council meeting.
Agenda Item No. 4K. ZA10 -014, Site Plan for Brazos Southlake Substation and a
variance to the Masonry Ordinance No. 557 -A, as amended, on property being
described as Lot 3, Block A, MTP -IBM Addition No. 1, being located at 3411 T. W. King
Road. Current Zoning: NR -PUD Non Residential Planned Unit Development District.
SPIN Neighborhood #1. This item was tabled indefinitely and staff was directed to
readvertise the case.
Agenda Item No. 8A. Resolution No. 10 -031, Declare a 90 -day moratorium on the
acceptance or processing of any sign applications for readerboard (electronic or
manual) signs as defined in Sign Ordinance No. 704 -D. Director Baker answered
questions about this item during the work session.
Motion was made to approve consent agenda items 4A; 4D to appoint members Al Zito
and Jeff Wang to one year terms to expire in May 2011 and to reappoint Laura K. Hill,
Carolyn Morris, and Brandon Bledsoe with terms to expire in May 2012; 4E; 4F; 4G
including the comments by City Attorney Taylor; 4H; 41 with an approval date of the plat
extension until April 1, 2011; to table item 4J to the July 20, 2010 City Council meeting;
to table item 4K indefinitely and directing staff to readvertise; and including 8A.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one
spoke. Mayor Terrell closed the public forum.
Agenda Item No. 6A. ZA10 -034, Site Plan for improvements to Johnson Elementary
School on property being described as Lot 13A, F. Throop, No. 1511 Addition, an
addition to the City of Southlake and being located at 1301 North Carroll Avenue and
REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010
Page 4 of 6
being approximately 13.87 acres. Current Zoning: CS Community Service District.
SPIN Neighborhood #3. Planner Schell presented this item and answered Council's
questions. Applicants John Blacker, Tom Grant, and John Haugen also made a
presentation and answered Council's questions.
No one spoke during the public hearing.
Council continued discussion of this request.
Motion was made to approve ZA10 -034, Site Plan for improvements to Johnson
Elementary School subject to the following:
•subject to Site Plan Review Summary No. 3, dated June 17, 2010;
•granting variances for driveway stacking and driveway spacing;
•granting a variance for the sidewalk from 8' (feet) to 6' (feet) along Carroll Avenue,
but construction of the sidewalk would not be required until such time that the
Director of Public Works provides the school district notice that the city is prepared
to initiate the road widening project on Carroll Avenue and at that time, the school
district will be obligated to fund the 6' (feet) sidewalk adjacent to the new roadway;
and,
•not granting a variance for the required sidewalk to the south of the school along
East Highland Street, but allowing construction of the 8' (feet) multi -use trail to be
deferred until such time that the sidewalks are constructed on either side of the
school property with the widening of East Kirkwood Boulevard to its ultimate four
lane cross section, at which time the school district will be obligated to fund
construction of the 8' (feet) multi -use trail.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 7 -0
Agenda Item No. 6B. Variance to Masonry Ordinance No. 557 -A for one portable
building at Durham Intermediate School being described as Lot 1, Block 1, Carroll ISD
No. 1 Addition, an addition to the City of Southlake and being located at 801 Shady
Oaks Drive. Current Zoning: CS Community Service District. Planner Schell presented
this item to Council. Applicant John Haugen answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve Variance to Masonry Ordinance No. 557 -A for one
portable building at Durham Intermediate School.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010
Page 5 of 6
Agenda Item No. 9A. Consider MSP10 -004, Master Sign Plan for the Medical Villas at
Tuscan Creek located at 311 and 321 West Southlake Boulevard. Director Baker
presented this item to council. Applicants Skip Blake and Lori Taylor answered
Council's questions.
Motion was made to approve MSP10 -004, Master Sign Plan for the Medical Villas at
Tuscan Creek. Granting the following:
•There will be one (1) monument sign placed on location `B' as presented;
•The monument sign will be no wider than 17' (feet);
•Monument sign is permitted eight (8) panels;
•The monument sign will look similar to what was presented;
•The letters on the monument sign are limited to 16" (inches);
•The address numbers on the monument sign are limited to 18" (inches);
•All internal signs as shown on the plan presented will have letters no larger than
18" (inches); and,
•Accepting the height of the monument sign as presented.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell
Nays: None
Approved: 7 -0
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.071, consultation with attorney; Section
551.072, deliberation regarding real property; Section 551.074 deliberation regarding
personnel matters; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 10:36 p.m. Executive
Session began at 10:45 p.m. and ended at 11:40 p.m.
Mayor Terrell reconvened the regular meeting at 11:43 p.m. and asked if any action was
necessary from Executive Session. No action was necessary.
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:43
p.m.
*An audio recording of this meeting will be per retained in the City Secretary's
Office.
John Terrell
r. Mayor
c onuse 3 'L Y
ATTEST: r.-. c :cc
P o >e
Lori Payne
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City Secretary �,.a`
REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010
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