HomeMy WebLinkAboutCity Council Minutes 02-29-2000Adopted Minutes
Regular Council Meeting
February 29, 2000
A Regular Meeting of the Plymouth City Council was called to order by Deputy Mayor Bildsoe
at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on February
29, 2000.
COUNCIL PRESENT: Deputy Mayor Bildsoe, Councilmembers Brown, Black, Harstad,
Johnson, and Slavik.
ABSENT: Mayor Tierney.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Public Safety
Director Gerdes, Community Development Director Hurlburt, Finance Director Hahn, Public
Works Director Moore, Parks and Recreation Director Blank, Attorney Scott, Planner Rask, and
City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.1) Acceptance of Donation for Millennium Garden
Parks and Recreation Director Blank highlighted the "Buy a Brick" program for the Millennium
Garden. He stated residents may purchase bricks at a cost of $50 at City Hall. He mentioned
that there is a mini millennium garden display at City Hall that showcases this effort.
Resident Kathleen Thompson presented a check to Deputy Mayor Bildsoe for the purchase of
bricks.
4.2) Oath of Office to Five Firefighters
Fire Chief Kline introduced firefighters Brett Meltzer, Christopher Knettel, Meredith Reed, Scott
Schiltz, and Christopher Warren whom recently passed their probationary training program. City
Clerk Paulson administered the oath of office to the firefighters.
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 2 of 13
4.3) Information on "Watch your Car Program"
Korky Ornburg, from the Crime and Prevention Fire Fund, explained the "Watch your Car
Program" which is an auto theft prevention program. This program assists in increasing the
public awareness of auto thefts. He stated the program is free, and individuals simply complete
an application for each vehicle they would like to register. Application forms are available at
City Hall. Once a vehicle is registered, decals are then displayed on the vehicles. He stated the
decals must be displayed which gives a police officer the authority to pull the vehicle over if
there is suspicion that the vehicle could be stolen. He stated the City received a grant in
September 1999 to administer the program. He explained the goal is to register 1,000 vehicles
by July 2001. Lastly, there would be an article in the March edition of the Plymouth News.
Deputy Mayor Bildsoe requested that information regarding this program be broadcast on cable
as well.
4.4) Recognize Plymouth Volunteers
Volunteer Coordinator Anderson stated there are 10 volunteers who the City would like to
recognize this evening with a Certification of Appreciation from Deputy Mayor Bildsoe. The
volunteers that received the certificates were Sandy Steiner, Mary Pestel, Kathy Marshall, Myrna
Kaner, Jeanna Vonier-Smith, and Jim Garland. She stated volunteers Dee Dee Solarz, Vivian
Nelson, Lynn Armstrong, and Arvid Anderson were unable to attend this evening's meeting.
4.5) 1999 Police Recognition Awards
Public Safety Director Gerdes highlighted the Police Recognition Award Ceremony recently
conducted, and those officers who were recognized for their accomplishments during the past
year.
Approval of Agenda
Public Safety Director Gerdes requested item No. 7.2.2 (hearing on alcohol compliance check
violation for C.I.A. 0., Inc. d/b/a Broadway Station,) be removed from the agenda as the licensee
surrendered their license to the Department of Public Safety.
Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to
approve the amended agenda. With all members voting in favor, the motion carried.
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Regular Meeting of February 29, 2000
Page 3 of 13
Consent Agenda
Deputy Mayor Bildsoe asked if there were any additions, corrections, or deletions to be made to
the Consent Agenda.
Councilmember Johnson requested to remove item No. 6.16 (approve disposition of tax forfeit
parcel in the City of Plymouth) until a later Council meeting which would allow additional time
for staff to contact the adjacent homeowners association regarding this parcel
City Manager Johnson informed the Council that the bids were opened today for the four items
under 6.19, and results of that bid opening were faxed to the Council earlier today.
Councilmember Johnson indicated her intent to abstain from voting on item No. 6.4.
Motion was made by Councilmember Black, and seconded by Councilmember Brown, to
approve the amended Consent Agenda which included the following items:
6.01: Approve proposed City Council Minutes (Special Joint Meeting ofFebruary 14, Special
Council Meeting of February 15, and Regular Meeting ofFebruary 15).
6.02: Resolution Approving Disbursements for the Period ending February 18, 2000 (Res2000-
108).
6.03: Resolution Approving Site Plan, Conditional Use Permit, and Variance for Quinwood
Square, LLC for a Culver's Restaurant for Property Located north of Bass Lake Road and West
of Quinwood Lane North (99125 — Res2000-109).
6.04: Resolution Approving a PUD Amendment for Lundgren Bros. Construction, Inc. to Allow
Four -Foot Eight -Inch High Split Rail Cedar Fencing at the Entrances to the Plum Tree East
Wyndemere Farms) PUD, Located North of Old Rockford Road, South of the Soo Line
Railway, East of Peony Lane, and West of Holly Lane (99133 — Res2000-110), Ordinance
Amending Chapter 21 of the City Code to Amend Section 21655.21 for the Plum Tree East
PUD, located north of Old Rockford Road, South of Soo Line Railway, East of Peony Lane, and
west of Holly Lane (99133 — Ord2000-05), and a Resolution Approving Findings of Fact for
Amending the Zoning Ordinance Text for the Plum Tree East PUD, Located north of Old
Rockford Road, south of the Soo Line Railway, East of Peony Lane, and West of Holly Lane
99133 — Res2000-111).
6.05: Resolution Approving Site Plan Amendment for Building Addition and an Interim Use
Permit to Reduce the Number of Required Parking Stalls at the Aljon Tool, Inc. Building located
at 15700 28`" Avenue North (99134 — Res2000-112).
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 4 of 13
6.06: Resolution Approving the Labor Agreement between the City of Plymouth and Plymouth
Sergeants Represented by Law Enforcement Labor Services (LELS) for Calendar Years 2000-
2001 (Res2000-113).
6.07: Resolution Approving 2000 Membership Dues in Municipal Legislative Commission
Res2000-114).
6.08: Resolution Authorizing the Application for and Allocation of Program Year 2000
Community Development Block Grant Funds (Res2000-115).
6.09: Resolution Approving Contractual Pavement Marking Contract for the Years 2000 and
2001 (Res2000-116).
6.10: Resolution Ordering Preparation of Preliminary Report for Holly Lane from Old Rockford
Road to CP Railroad (9024 — Res2000-117).
6.11: Resolution Authorizing Request for Payment No. 5 for 1998 Trail Improvement Project
8021— Res2000-118).
6.12: Resolution Requesting Payment No. 6 for Ferndale Road Utility and Street Improvements
for State Aid Project (S.A.P.) 152-110-01 and 155-178-01 (6007 — Res2000-119).
6.13: Resolution Approving Traffic Signal Agreement for CSAH 9 and Vicksburg Lane (9003 —
Res2000-120), Resolution Approving Traffic Signal Plans for CSAH 9 and Vicksburg Lane
9003 — Res2000-121), Resolution Approving Traffic Signal Agreement for CASH 61 and
Schmidt Lake Road (9907 — Res2000-122), Resolution Approving Traffic Signal Plans for
CASH 61 and Schmidt Lake Road (9907 — Res2000-123), Resolution Approving Traffic Signal
Agreement for CSAH 24 and Medina Road (9908 — Res2000-124), Resolution Approving
Traffic Signal Plans for CSAH 24 and Medina Road (9908 — Res2000-125), Resolution
Approving Traffic Signal Agreement for CSAH 61 and Sunset Trail (9909 — Res2000-126), and
a Resolution Approving Traffic Signal Plans for CSAH 61 and Sunset Trail (9909 — Res2000-
127).
6.14: Approval 2000 Contribution Payments to Social Service Agencies.
6.15: Resolution Approving Change Order No. 1 for Ferndale Road Utility and Street
Improvements, State Aid Project (S.A.P.) 152-110-01 and 155-178-01 (6007 — Res2000-128).
6.16: (This item was removedfrom the agenda).
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Regular Meeting of February 29, 2000
Page 5 of 13
6.17: Cancellation of Public Hearing for Assessment of the 1999 Removal and Destruction of
Diseased Trees, Roll 2.
6.18: Resolution Approving Purchase of Furnishings for Activity Center (Res2000-130).
6.19.1: Resolution Approving purchase of Shenandoah Playground Play Equipment (Res2000-
131).
6.19.2: Resolution Approving purchase of Elm Creek Playground Play Equipment (Res2000-
132).
6.19.3: Resolution Approving purchase of St. Mary's Playground Equipment (Res2000-133).
6.19.4: Resolution Approving Zachary Playground Play Equipment (Res2000-134).
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) Assessment Hearing for 1999 Weed Eradication and Destruction, Roll 2
Finance Director Hahn explained during the summer months, the city investigates complaints
and other obvious noxious weed problems. The City notifies the property owners and allows
them 15 days to remove the weeds. If the weeds are not removed within the required timeline,
the City has contractual crews carry out the removal process. The affected property owners are
billed for the costs associated with eradication and destruction and are given at least 30 days to
pay the costs. He stated the proposed assessments are for those property owners who are
delinquent in paying the City.
Deputy Mayor Bildsoe opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor
Bildsoe declared the public hearing closed.
Motion was made by Councilmember Johnson, and seconded by Councilmember Brown, to
adopt a Resolution Adopting Assessments for 1999 Weed Eradication and Destruction, Roll 2
Res2000-135). With all members voting in favor, the motion carried.
7.2.1) Hearing on Alcohol Compliance Check Violation for Speedway SuperAmerica LLC
d/b/a Speedway SuperAmerica, 5750 Nathan Lane first violation)
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 6 of 13
Deputy Mayor Bildsoe opened the public hearing for testimony.
Public Safety Director Gerdes explained the licensee's first violation that occurred on July 20,
1999. He stated the cashier requested verification, and the undercover individual utilized an
unaltered driver's license. The cashier admitted that the person was underage but completed the
sale anyway because of the many customers waiting in line.
He explained for first violations, the Public Safety Director conducts administrative hearings for
presumptive penalties. However, the licensee requested their right to a hearing before the
Council.
Deputy Mayor Bildsoe questioned if the licensee had contacted the Police Department for
alcohol training. Public Safety Director Gerdes stated no, but it was discussed at the
administrative hearing.
Gary Zahler, District Manager for SuperAmerica, 5270 Lake Avenue, Albertville, explained the
company's extensive and mandatory training program for all employees which includes all the
policies for tobacco and alcohol sales. He stated employees sign an actual agreement with the
company affirming the company's policies. In addition, employees are subject to termination if
an illegal sale of alcohol is made. He requested the Council deviate from the presumptive
penalty since the employee was fully trained and had signed the agreement with the company.
This particular employee, for whatever reason, ignored the company policy.
Deputy Mayor Bildsoe asked Mr. Zahler if he is aware of Public Safety's alcohol training. Mr.
Zahler stated he is aware of the training and is considering contacting them.
Mr. Zahler explained the company conducts tobacco and alcohol training classes within 60 to 90
days of employment. However, the employee in question was not able to attend the classes since
she had not been employed by SuperAmerica for 60 days.
He also stated there is a video training series that addresses fake identifications and different
scenarios which their employees view. Lastly, the notice provided by the City for the
compliance checks was posted in the store.
Councilmember Brown asked what the company's immediate response was to the violation. Mr.
Zahler stated the employee was suspended and then terminated. In addition, all employees were
made aware of the violation.
There being no one else wishing to appear before the Council to give testimony, Deputy Mayor
Bildsoe declared the public hearing closed.
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 7 of 13
Motion was made by Councilmember Harstad, and seconded by Councilmember Johnson, to
adopt a Resolution Imposing a Civil Penalty Against Speedway SuperAmerica LLC d/b/a
Speedway SuperAmerica for Liquor Compliance Check Violation (license suspension of 10
days to be served at the discretion of the City, and an administrative fine of $1,000 fine)
Res2000-136).
Councilmember Black stated it is unfair to hold the employer strictly responsible in this case
when the employee knew what they did was wrong.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
amend the main motion to not impose an administrative fine, and the 10 days be stayed unless
there is a further violation in a year.
Councilmember Harstad stated he does not support deviating from the Council's policy.
Councilmember Black stressed the importance of the City providing alcohol training for
licensees and their employees.
Councilmember Slavik stated after reviewing the documents provided by the licensee, proper
training was given to the employee. Therefore, she does not support the presumptive penalty.
The Council voted on the amendment. With all members voting against the motion but Black,
the motion failed.
Motion made by Councilmember Johnson, and seconded by Councilmember Harstad, to call the
ueqstion. With all members voting in favor, the motion carried.
Motion made by Councilmember Slavik, and seconded by Councilmember Johnson, to impose a
license suspension of 10 days with five days stayed with the condition there be no further
violations in a year, and an administrative fine of $500.
Councilmember Harstad suggested a friendly amendment to the motion for a license suspension
of 10 days and an administrative fine of $1,000. Councilmembers Slavik and Johnson accepted
this amendment.
The Council voted on the amended amendment to the main motion. With all members voting in
favor but Brown and Black, the motion carried.
The Council then voted on the amended main motion. With all members voting in favor but
Brown and Black, the motion carried.
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 8 of 13
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
request that the findings of fact be placed on the March 21 Council agenda. With all members
voting in favor, the motion carried.
7.2.2) Hearing on Alcohol Compliance Check Violation for C.I.A.O., Inc. d/b/a Broadway
Station, 4190 Vinewood Lane (second violation)
This item removed from the agenda.
General Business
8.1) Amendment to the Text of Chapter 21 of the Plymouth City Code, the Plymouth
Zoning Ordinance (proposed amendments address both technical and typographical errors,
and substantive changes regarding PUD amendments and lighting — 99096)
Planner Rask stated the primary amendments are for exterior lighting standards, Planned Unit
Development (PUD) zoning district updates, and general provisions of the zoning ordinance.
He stated amendments to the exterior lighting standards would address maximum intensity and
glare, minimum intensity of lighting, and general standards. The Planning Commission and the
Environmental Quality Commission reviewed the proposed amendments.
He explained the purpose of the draft ordinance is to insure that new lighting is installed in a
manner and location where it is most effective, while eliminating off-site impacts. It also
establishes standards to insure that exterior lighting does not produce glare, light trespass, sky
glow, harsh shadows, or steep transitions from light to dark.
He discussed with the Council the proposed maximum intensity of lighting and glare standards,
minimum intensity of lighting standards which are consistent with the Illuminating Engineering
Society of North America, and general performance standards.
He stated the next section of amendments addresses Planned Unit Developments (PUD). He
reminded the Council that PUDs are zoning districts. The proposed ordinance amendments
remove most of the specific PUD standards as they are not necessary. He explained the
performance standards, such as setbacks, building height, design criteria, etc., may be established
as part of the PUD general plan on an individual basis. In the absence of specific standards, the
Council would review a requested PUD as any other rezoning request which would take into
consideration the characteristics of the site and consistency with the Comprehensive Plan.
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 9 of 13
He discussed the general zoning amendments which addresses regulations for the following
items:
1. Exceptions to site plan review.
2. Outside storage regulations as it applies to construction/landscaping equipment and materials,
and vehicles.
3. Common open space and amenities.
4. Yard encroachments.
5. Accessory buildings.
6. Fences and walls.
7. Loading space/screening requirement.
8. Business signs.
9. Hours of operation for grading.
10. Single family detached dwelling as a conditional use in RMF -1 Zoning Districts.
The Council first discussed the proposed lighting amendments.
Councilmember Slavik asked when these amendments would be effective. Planner Rask stated
immediately. He stated the provisions would apply to any new lighting that would be installed
after passage of the ordinance.
Councilmember Slavik asked if someone could appeal the Zoning Administrator's decision to
issue a variance. Planner Rask stated yes.
Planner Rask informed the Council that whenever lighting is to be replaced in a development, an
amendment to the site plan must be prepared.
The Council briefly discussed the proposed amendments to the PUD section of the ordinance.
The Council discussed the proposed amendments to the General Zoning Ordinance, and more
specifically, the proposed amendment to the land fill and grading operations section. The
amendment is to change the hours of operation for land fill and grading operations from 7:00
a.m. to 7:00 p.m. Monday through Saturday to 7:00 a.m. to 7:00 p.m. Monday through Friday,
and 8:00 a.m. to 6:00 p.m. on Saturday. The City currently utilizes these hours in its contracts
for street projects.
Councilmember Slavik suggested that Saturday hours be changed to 9:00 a.m. to 6:00 p.m.
Community Development Director Hurlburt reminded these hours would apply to City projects
as well.
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 10 of 13
Councilmember Harstad stated he would prefer to solicit input from residents and businesses
before adopting this proposed amendment. He stated this amendment would have a definite
impact on business contracts.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
an Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, the Plymouth
Zoning Ordinance (99096 — Ord2000-06, and Summary Ordinance No. 2000-07 for Chapter 21).
A considerable amount of discussion was held regarding changing the hours on Saturdays.
Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to
amend the proposed Saturday hours to 9:00 a.m. to 6:00 p.m.
Councilmember Brown stated the one hour less per Saturday would be a substantial loss for
construction businesses.
Councilmember Harstad agreed with Councilmember Brown in that with the proposed
amendment, the City is already decreasing the hours by two hours on Saturdays.
There being no further discussion and with all members voting against the motion but Slavik, the
motion failed.
The Council then voted on the main motion, and with all members voting in favor, the motion
carried.
8.2) Amendment to the Text of Chapter 21 of the Plymouth City Code, the Plymouth
Zoning Ordinance (proposed amendments are regarding the placement of wireless
communication antennas and use ofpublic right-of-ways — 99115)
Planner Rask stated the purpose of the proposed ordinance is to make minor technical changes to
the general antenna regulations (Section 21175) and to create a new ordinance section (Section
21177) to address telecommunication equipment in public rights-of-way. He stated currently
there are currently six licensed providers and there could be the possibility of three additional
licensed providers. In addition, there are 27 approved antenna sites in the City. Of these 27
sites, eight consist of free-standing towers with the remaining 19 antenna sites being located on
structures, such as existing towers, buildings, and water towers. The proposed ordinance would
continue to encourage co -location of antennas on existing structures.
He discussed the trends in wireless communications, local government regulations according to
the Federal Telecommunications Act, and recent revisions to State Statutes 237 which defines
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 11 of 13
local governments' authorities in managing and regulating public rights-of-way for all right-of-
way users including telecommunications.
He stated currently a licensed provider strives to locate a site on an existing structure. If there is
not one available, the provider tries to locate a site in an industrial district, followed by the
commercial district, and lastly, a residential district. To date, the City has no towers in the
residential district.
He stated staff is proposing a new ordinance relating specifically to telecommunication right-of-
way users. The purpose of this ordinance is to establish regulations for the siting and placement
of telecommunications facilities within public rights-of-way in a manner that does not jeopardize
the public health, safety, and general welfare. The ordinance addresses all telecommunication
equipment, including both land-based and wireless facilities.
In conclusion, he clarified that if a licensed provider installs an antenna on an existing pole or
structure, no action is necessary.
Steve Roell, 5915 Dunkirk Lane, requests the ordinance be stricter. He resides across the street
from a tower that was installed without a permit. He illustrated a picture of a pole only 20 feet
from his garage. He requested the ordinance state the structure needs to be 200' from a property
rather than 50' as proposed. He voiced his frustration with the noise that is generated from the
adjacent structure, and the size of the unit (six feet tall and seven feet wide).
Public Works Director Moore commented there is no landscaping that could be planted in front
of this particular structure as that would impede the right-of-way.
Community Development Director Hurlburt acknowledged there is noise generated from this
unit but it is a fairly low humming noise. She doubts it would violate the City's noise ordinance.
She stated with respect to the size of the equipment, what is being proposed in the unit is smaller
than this particular unit. If the City would delete the residential areas, it would be a violation of
the Federal law. She cautioned the Council in increasing the distance requirement higher than
50' as Mr. Roell recommended as this would apply to all areas of the City. Lastly, there are no
requirements for landscaping these structures. However, there could be an encroachment
agreement which could impose certain conditions.
Councilmember Johnson asked if it is an option to require screening or fencing of the ground
structures. Community Development Director Hurlburt replied it would be more advantageous
for the City to utilize an encroachment agreement. Public Works Director Moore agreed and
reiterated that for the majority of the time, the screening wouldn't be allowed due to the right-of-
way.
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 12 of 13
Motion was made by Councilmember Johnson, and seconded by Councilmember Harstad, to
adopt an Ordinance Amending the Plymouth City Code, by Amending Chapter 21 - Antenna
Regulations and Public Property/Rights-of-Way (99115 — Ord2000-08) and a Resolution
Approving Summary Publication of Ordinance No. 2000-08, an Ordinance Amending the Text
of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance (Res2000-137). With
all members voting in favor, the motion carried.
8.3) Ordinance Amending the Frequency of Separately Metered Residential Billings from
Bi -Monthly to Quarterly)
Finance Director Hahn reported on an Ordinance amending the frequency of separately metered
residential utility billing from bi-monthly to quarterly. He explained Councilmember Harstad
requested that consideration be provided to changing from a bi-monthly utility billing cycle to a
quarterly billing cycle for separately metered residential accounts. He stated the primary
advantage of a quarterly billing system would be cost savings of approximately $16,300 which is
attributed to the frequency of reading meters, postage, and supplies. He explained the
disadvantage of this type of system would be how it relates to the new tiered water system. The
size of the utility bill could cause problems to some residents. However, staff would
accommodate those individuals by notifying them what one-third of their bill would be so
payments could be made on a monthly basis. Lastly, there would be loss of interest for cash
flow.
Councilmember Harstad feels a quarterly billing cycle could assist in decreasing water usage.
Also, he favors the option of allowing residents to pay monthly if they so desire.
Motion was made by Councilmember Black, and seconded by Councilmember Harstad, to adopt
an Ordinance Amending Section 700 of the Plymouth City Code.
Councilmember Harstad stated since this ordinance wouldn't go into effect until January 1, 2001,
there would be ample time for the City to educate the residents.
Councilmember Johnson stated she wouldn't support the Ordinance as she would prefer to
analyze the effects of the new tiered water rates. In addition, with a bi-monthly utility bill, there
would be more of an opportunity to include information on various City services in the utility
bills. Lastly, according to the citizen survey, 39% of the residents prefer a bi-monthly water bill.
Councilmember Slavik agreed with Councilmember Johnson.
Councilmember Harstad stated according to the citizen survey, 44% of the residents prefer the
City's newsletter as their primary source of information rather than utilizing the utility bills to
Adopted City Council Minutes
Regular Meeting of February 29, 2000
Page 13 of 13
disseminate City information. He believes this approach would save money and not cause a
disruption.
Councilmember Johnson reiterated that she would prefer to review the tiered water rates after
this summer.
Councilmember Brown stated he would not support this ordinance at this time because of the
timing. He agrees with Councilmember Johnson to analyze the results of their tiered water rates
first. Deputy Mayor Bildsoe stated he agrees with Councilmember Brown.
With all members voting against the motion but Harstad, the motion failed.
Reports and Recommendations
There were no reports and recommendations.
Adjournment
Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to
adjourn the meeting at 9:35 p.m. With all members voting in favor, the motion carried.
Am'AwAJVJ
andra R. Paulson, City Clerk