HomeMy WebLinkAbout02-08-1999 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 8,1999
Council Chambers, Municipal Building
Meeting No. 99-03
A. CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers,
Municipal Building, and was called to order at 7:00 P.M. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
Councilmember Allenspach moved to approve the minutes of Meeting 98-02 (January 25, 1999) as
presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as amended.
M-1. Mayor's Report
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS
NONE
G. CONSENT AGENDA:
Councilmember Carlson moved to approve the Consent Agenda Items G 1-2 & G 4-11 as recommended.
Mayor Rossbach pulled G-3 for a separate vote.
Seconded by Councilmember Koppen Ayes -all
Consent Item G-3.-Plumbing Inspection Fees Ayes - Councilmembers
Nay -Mayor Rossbach
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 12,532.43 Checks #7778 - #7780 Dated 01-21-99 thru 01-22- 99
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$ 66,692.64 Checks #41965 - #42035 Dated 01-26- 99
$ 164,688.93 Checks #7781 - #7797 Dated 01-25-99 thru 01-29-99
$ 84,480.30 Checks #42039 - #42141 Dated 2-2-99
$ 328,394.30 Total Accounts Payable
PAYROLL: $ 414,940.48 Payroll Checks and Direct Deposits Dated 01-22-99
$ 20,637.64 Payroll Deduction Checks Dated 01-22-99
$ 435,578.12 Total Payroll
$ 763.972.42 GRAND TOTAL
2. Harvester Avenue, Project 97-16, MnDOT Limited Use Permit
Approved the conditions of the Limited Use Permit for the placement of the 8-foot bituminous trail on
State Highway 5 right-of-way between Harvester Avenue and Bartelmy Lane, and authorized the
execution of the Limited Use Permit with the Minnesota Department of Transportation.
3. Plumbing Inspection Fees
Approved an increase in plumbing fees to $50 plus 1.25 percent of the total plumbing cost.
4. Acceptance of Donation -Robert & Carolyn Odegard
Accepted a $250 donation from Robert and Carolyn Odegard for the Nature Center Budget to be used for
future capital improvements.
5. Acceptance of Donation -Northeast Soccer Association (NESA)
Accepted a equipment donation of $2,000 in soccer balls and soccer nets to the Maplewood Parks &
Recreation youth soccer program. The donation is in exchange for a small storage area in the
recreations division equipmenf storage room.
6. Temporary Liquor License -Church of Presentation of the Blessed Virgin Mary
Approved an application for a temporary liquor license for Kathleen Yzermans, 1424 East Eldrige, to be
used at the Church of the Presentation of fhe Blessed Virgin Mary.
7. Transfers from Tax Increment Funds
Authorized the appropriate 19998 budget adjustments and 1998 transfers totaling $863,200 from the Tax
Increment Funds to the Debt Service Funds.
8. Transfers to Close Debt Service Funds for Two Bond Issues
Approved that effective 12-31-98 (1) Debt Service Fund #322 forthe 1990 Improvement Bonds be closed
by a transfer of the remaining balance of $68,317.36 to the General Fund, ~2) Debt Service Fund #327 for
the 1993 Capital Notes be closed by a transfer of the remaining balance o $$828.76 to the General Fund
and (3) that the appropriate budget adjustments be approved.
9. 1999 Labor Contracts and Agreements
Approved the settlements as presented for the Metro Area Supervisoryry Association & LELS #153-Police
Officers. Approved a 2°k general wage increase retroactive to 1-1-39, and an additional 1°k increase
effective 7-1-99 and a 3°k increase effective 1-1-2000 for non-union employees. Approved vacation
conversion language as presented.
10. Vehicle Replacement
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Authorized staff to enter into contract with Egggebrecht Chevrolet, under state contract #421928, for the
purchase of a 1999 Chevrolet half-ton 2 wheel drive pick-up in the amount of $16,352.23 and
dispose of the 1998 Chevrolet Corsica at state auction.
11. City Manager Evaluation
Approved merit payment of 4.5°k for the City Manager for 1998.
H. PUBLIC HEARINGS
1. 7:00 P.M. (7:07) Pleasantview Park Neighborhood Streets, Project 98-12 (4 votes)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Director of Public Works & Engineering Haider presented the specifics of the
report.
d. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Dick Schmidt, 2459 Mamie Avenue
Kim Vanderherde, 1015 Crestview Drive
Addie Niemtz, 1069 S. Crestview Drive
D.W. Preruss, 1052 S. Crestview Drive
Dick Schmidt, second appearance
e. Mayor Rossbach closed the public hearing.
Councilmember Koppen introduced the followin Resolution and moved its ado tion and to discuss
assessment concerns at a s er a e a a pu is earinq.
99-02-007
RESOLUTION
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution ofthe city council adopted the 11th day of January, 1999, fixed a date for a
council hearing on the proposed improvement of the Pleasantview Park Neighborhood Streets, City
Project 98-12,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given,
and the hearing was duly held on February 8, 1999, and the councl has heard all persons desiring to be
heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. That it is necessary cost-effective and feasible, as detailed in the feasibility report, that the City
of Maplewood improve the Pleasantview Park Neighborhood Streets, City Project 98-12.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 8th day
of February, 1999.
3. The city engineer is designated engineer for this improvement and is hereby directed to prepare
final plans and speafications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to implement
the financing plan for the project. A project budget of $283,000 shall be established. The proposed
financing plans is as follows:
Assessments $121,800
City contribution 16,200
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Total $283,000
Seconded by Councilmember Allenspach Ayes -all
2. 7:15 P.M. (7:26) Nationwide Group Acorn Mini-Storage (West side of Highway 61)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Boardmember Matt Ledvina presented the Community Design Review Board report.
f. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mr. Ellis Gottlieb, Nationwide Group, architect for the project
Gwen Kingsbeck, 2498 Adele Street
Mike Trenda, 2474 Adele Street
Mr. Ellis Gottlieb, second appearance
Gwen Kingsbeck, second appearance
g. Mayor Rossbach closed the public hearing.
Councilmember Carlson moved/introduced the followin Resolution and to a rove the site Ian date-
stam ed November 25 1 an sca a ans a e-s am a anua a ui in a eva ions
a e-s am a ecem er an a si e i in an avi rawin s a e-s am a ecem er
or a corn ini- ora a as i on ewes si e o i wa on e o a e ea rive-in ea er
si e, ase on a in ings require y e co e. a grope y owner s a
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Provide the following for staff approval before the city issues a building permit:
a. A grading, drainage, utility and erosion control plan to the city engineer for appproval. The
erosion control plan shall comply with ordinance requirements. The existing cast-iron
sanitary sewer pipe, which served the old house on the property, shall be severed and
terminated at the street right-of-way. In addition, the existing pond shall be cleaned out and
approved by the City Engineer.
b. A tree survey identifying quality trees on the site that are eight inches or more in caliper.
Staff may require additional trees for code compliance.
c. A building-color scheme of neutral colors.
d. A fence design plan for the screening fence around the outdoor storage area.
3. Complete the following before occupying the building:
a. Replace property irons that are removed because of this construction.
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b. Restore and sod damaged boulevards. Restore and seed or sod any and all disturbed
ground such as the areas of blacktop removal and the future building pads for Buildings C
and D. Remove all old driveway entrances and restore with sod.
c. Install ahandicap-parking sign for the handicap-parking space.
d. Screen all roof-mounted equipment visible from adjacent residential properties. Such
equipment visible on non-residential sides must be painted to match the building.
e. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The
enclosures must match the building in color and materials. There must be a closeable gate
that is 100°k opaque.
f. Install an in-ground sprinkler system for all lawn areas on the front and sides of Building A.
g. Provide site-security lighting that is directed or shielded so not to cause any lighting
nuisance for adjacent property owners or drivers.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives cash escrow for the required work. The amount shall be 200 percent of
the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if
the building is occupied in the fall orwinter, orwithin six weeks of occupancy if the building
is occupied in the spring or summer.
c. The city receives an agreement that will allow the city to complete any unfinished work.
5. Comply with any requirements of MnDOT for access to the frontage road.
6. All work shall follow the approved plans. The director of community development may approve
minor changes.
7. There shall not be any outdoor storage permitted in the area designated for Building D.
99-02-008
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ellis Gottlieb, of the Nationwide Group, applied for a conditional use permit to build a
mini-storage facility in an M-1 (light manufacturing) district closer than 350 feet to a residential district.
WHEREAS, this permit applies to the property to the north of 2441 Highway 61. The legal
description is:
PARCEL 1:
LOT 2, W. H. HOWARD'S GARDEN LOTS, EXCEPT THE WESTERLY 221 FEET THEREOF AND
EXCEPT THE SOUTHERLY 90 FEET THEREOF LYING EASTERLY OF THE WESTERLY 221
FEET, SUBJECT TO HIGHWAY.
PARCEL 2:
THE SOUTHERLY 90 FEET LYING EASTERLY OF THE WESTERLY 221 FEET OF LOT 2, W. H.
HOWARD'S GARDEN LOTS, SUBJECT TO RIGHTS ACQUIRED BY STATE OF MINNESOTA FOR
HIGHWAY PURPOSES; AND THE WESTERLY 221 FEET OF LOT 2,
W. H. HOWARD'S GARDEN LOTS.
WHEREAS, the history of this conditional use permit is as follows:
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1. On January 4, 1999, the planning commission recommended that the city council approve this
permit.
2. The city council held a public hearing on 2-08-99. City staff published a notice in the paper and
sent notices to the surrounding property owners as required by law. The council gave everyone
at the hearing a chance to speak and present written statements. The council also considered
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be inconformity
with the city's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbingg or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dusf, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city date-stamped
November 25, 1998.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The city council may require additional parking in the future if the council determines that there
is a need for additional parking on the site.
5. Outdoor storage is ppermitted on the area proposed for Building C, provided it is screened from
the west and north by asix-foot-tall cedar decorative screening fence. The outdoor storage in
this area shall be reevaluated when Building C is proposed for construction but shall not be
permitted for more than three (3) years unless approved by City Council.
6. The applicant shall dedicate a drainage easement over all wetland areas and the proposed
pretreatment pond, subject to the city engineer's approval.
7. The hours of operation shall be as proposed by the applicant on page 19 of the staff report.
8. The lighting on the north and south sides of the site shall be post-mounted and shine toward the
site.
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Seconded by Councilmember Koppen Ayes -all
3. 7:30 P.M. (8:04) Maplewood Auto Service (743 Century Avenue North)
Conditional Use Permit
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Will Rossbach presented the Planning Commission.
e. Boardmember Matt Ledvina presented the Community Design Review Board report.
f. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Ray Muckala, owner of the In & Out Market and Maplewood Auto Service
Joe Zappa, 2522 Flandrau
Ray Muckala,ppsecond ap earance
John F atnD~757 MayhilORoad innehaha
Tom Charles, 794 Mayhill Road
Kevin Berglund, 1929 Kingston Avenue
Ray Muckala, third appearance
g. Mayor Rossbach closed the public hearing.
Councilmember Kittridge introduced the following Resolution and moved its adoption:
99-02-009
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ray Muckala applied for a conditional use permit to add two second-story additions on
his repair garage and convenience-store.
WHEREAS, this permit applies to 743 North Century Avenue. The legal description is:
LOTS 15, 16 AND 17, BLOCK 1, CAHANES ADDITION.
WHEREAS, the history of this conditional use permit is as follows:
1. On January 4, 1999, the planning commission recommended that the city council approve this
permit.
2. The city council held a public hearing on February 8, 1999. City staff published a notice in the
paper and sent notices to the surrounding property owners as required by law. The council
gave everyone at the hearing a chance to speak and present written statements. The council
also considered reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
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1. The use would be located, designed, maintained, constructed and operated to be inconformity
with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbingg or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dusf, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit yearly.
4. Before getting a building permit, the property owner shall submit a uniform building-color
scheme for approval by the community design review board.
5. The property owner shall not pave the graveled westerly parking lot unless first submitting a
fully-developed grading, drainage, paving and striping plan for the city's approval.
6. Before getting a building permit, the property owner shall remove all debris, parts and old tires
from the site.
7. The trash enclosure be emptied at a minimum of once every two weeks at a minimum and there
be no outside storage other than vehicles.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Kittridge moved to approve the plans and building elevations date-stamped November 23, 1998
for two second-stor additions on the Ma lewood Auto Service buildin at 743 N. Centu Avenue. The ro ert
owner s a o t e o owing:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Before getting a building permit, the property owner shall submit a uniform building-color scheme for
approval by the community design review board.
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3. The property owner shall not pave the graveled westerly parking lot unless first submitting afully-
developed grading, drainage, paving and striping plan for the aty's approval.
4. Before getting a building permit, the property owner shall remove all debris, parts and old tires from the
site.
5. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount
shall be 200°~ of the cost of the unfinished work.
6. All work shall follow the approved plans. The director of community development may approve minor
changes.
7. Any new roof-top mechanical equipment shall be screened from view from the adjacent residential
properties and/or painted to match the building color if it can be seen from any other direction.
Seconded by Councilmember Allenspach Ayes -all
4. 7:45 P.M. (8:39) Just-for-Feet Curbing Variance (3090 Southlawn Drive)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following person was heard:
John Johnson, Welsch Companies on behalf of Just for Feet
e. Mayor Rossbach closed the public hearing.
Councilmember Kittridge moved to den the ro osed variance to allow the use of bituminous curbin
ad~acent to 3090 Southlawn rive. a nee o e variance was no ue o arcums ance uni ue o e
roe u was crea e e a scan . is is con rar o e in in s or variance a rova as
s i u a e s a e s a u e. ove o a rove a co e c an es as o ows a owin a em ora use o
i uminous cur ing.
ORDINANCE NO. 795
AN ORDINANCE AMENDING CURBING REQUIREMENTS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This section changes Sections 36-22(c) as follows (additions are underlined):
All parking lots shall have continuous concrete curbing surrounding the exterior erimeter of the lot and drives.
Park parking lots, that are not used in the winter, and parking lots having twelve ~12) spaces or less are exempt
from this requirement, unless required by the city engineer for drainage control.
The community design review board may allow continuous bituminous curbing temporarily on a case-bv-case
basis, su iect to t e o owing~itions:
1 Bituminous curbin ma be ermitted for hased or sta ed develo ments where an adjacent future
deve opment p ase wou a ui t t at wou resu t in t e remova o t e cur ing.
Bituminous curbin shall not be allowed for more than three ears from the time of installation at which
time it must a remove ue to t e construction o a uture ase o eve o ment or sim re ace wit
permanent continuous concrete cur ing.
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(3) Bituminous curbing shall not be permitted if the city engineer requires concrete curbing for drainage
control.
(4) Bituminous curbing that becomes damaged shall be repaired immediately or as soon as the weather
ep rmi
s'f-
Seconded by Councilmember Carlson Ayes -all
I. AWARD OF BIDS
NONE
J. UNFINISHED BUSINESS
NONE
K. NEW BUSINESS
1. On-Sale Intoxicating Liquor License -Scott M. Formaro
a. Manager McGuire introduced the staff report and presented the specifics of the report.
b. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter.
The following person was heard:
c. Applicant Scott Formaro, 7100 Humboldt Avenue of Brooklyn Center
d City Attorneyy Kell introduced the following language for consideration. Applicant shall
meet with aty staf~ City Clerk, Police Chief, City Manager and the City Attorney to resolve
questions raised by information obtained at approximately 4:00 p: m. on February 8, 1999.
Upon completion of verification of the additional information, staff will make a
recommendation to the City Manager. The City Manager will be authorized to release the
appproval or non-approval of the application at that time. If the verification is not to the
safisfaction of the City Manager, this item will then be placed on the next agenda on
February 22, 1999 for final approval.
Councilmember Koppen moved to a rove the above Ian ua a submitted b the Cit Attorne and
authorizin the Cit Mana er o issue a rova or non-a rova o e i uor icense a ica ion ase on
in ings o s a .
Seconded by CouncilmemberAllenspach Ayes-CouncilmembersKopppen&Allensppach
Nays -Mayor Rossbach, Counalmembers
Kittridge & Carlson
2. Consider Location of Tot Lot at Four Seasons Park and Recommend Equipment Purchase from
Game Time Manufacturing
a. Manager McGuire introduced the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Commissioner Peter Fischer presented the Park Commission.
d. Mayor Rossbach asked if anyone wished to speak before the Council regarding
this matter. The following persons were heard:
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Joe Zappa, 2522 Flandrau
Harlan Hess, 2472 Flandrau
JoAnne Waterfield, 2567 Bittersweet Lane
Joe Zappa, second appearance
JoAnn Waterfield, second appearance
Jackie Strand, 2452 Germain
Ann Walton, 2561 Bittersweet Lane
Councilmember Carlson moved a rove Parks and Recreation Commission's recommendation that
Game Time la round a ui men a urc ase an ins a e a our easons ar as ro ose in e
no ern sec ion emon venue or our easons ar .
Seconded by Councilmember Kittridge Ayes -all
Abstain -Councilmember Koppen
3. Kevin Berglund Letter
a. A letter received from Kevin Berglund was read by Assistant to the City Manager Mike
Erickson regarding concerns on the operation of the Ramsey County Famil Services
Shelter. After discerning Mr. Berglund's request Mayor Rossbach directed staffto address
Mr. Berglund's questions in letter form.
4. Bob Zick Letter
a. Mr. Zick was present to ask questions of the Council to clarify his understanding of
conditions in issuing a Conditional Use Permit.
L. VISITOR PRESENTATIONS
1.
2.
M. COUNCIL PRESENTATIONS
1. Mayor Rossbach reported on several meetings held in the last month.
N. ADMINISTRATIVE PRESENTATIONS
1. Bruentrup Farm
a. Manager McGuire introduced the staff report.
b. Pete Boulay, 110 County Road C presented the specifics of the report.
c. Robert Overby, 1829 Ferness Street, Historical Society gave a presentation ofthe historical
significance of the Bruentrup Farm.
d. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter.
The following persons were heard:
Carolyn Peterson, 1999 Jackson Street
Senator Chuck Winger
Bob Zick, 1880 Easf Shore Drive
Robert Overby
Char Wasiluk, 1740 Frank
Kevin Berglund, 1929 Kingston
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Councilmember Carlson moved/introduced the following Resolution and moved its adoption:
RESOLUTION
99-02-010
MOVING THE BRUENTRUP FARM
WHEREAS, The Maplewood Area Historical Society's preference is to support moving the
Bruentrup House, Barn, Granary, Windmill and any other buildings agreed upon, to the 32 Acre Open
Space Land on County Road D, to replicate the Farmstead that was located on County Road D, known
as the Conklin site
Seconded by Councilmember Koppen Ayes -all
ADJOURNMENT
Councilmember Allenspach motioned to adjourn the meting at 10:42 P.M.
Seconded by Mayor Rossbach Ayes -all
Karen Guilfoile, City Clerk
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