HomeMy WebLinkAbout08.22.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 22, 1988
Council Chambers, Municipal Building
Meeting No. 88-20
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Alinnesota, was held in the Council
Chambers, Municipal Building, and was called to order at 7:24 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 88-12 (June 13, 1988)
Councilmember Anderson Anderson moved that the Minutes of Meeting No. 88-12
(June 13, 1988) be approved as corrected:
Page 1, E-A-1 c "Councilmember Bastian"
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Juker.
Councilmember Rossbach abstained.
2. Minutes of Meeting No. 88-14 (June 27,.1988)
Councilmember Anderson moved to approve the Minutes of Meeting No. 88-14 as
submitted.
Seconded by Mayor Greavu. Ayes - all.
D. APPROVAL OF AGENDA
Councilmember Bastian moved to approve the Agenda as amended:
1. Elm Tree Update
2. Motorcycle Ordinance
3. Cable
4. Payment of Taxes by other Communities to Ramsey County
5. Harvest Park
6. Add I-16 - Atchison Settlement
Seconded by Councilmember Anderson. Ayes - all.
8/22
E. CONSENT AGENDA
Council removed Item E-4 to become I-17.
Councilmemtier Anderson moved, seconded by Councilmember Bastian, Ayes - all, to
approve the Consent Agenda Items 1 through 3 as recommended
i. Approval of Claims
Approved the following claims:
Accounts Payable:
i
$198,086.21 Checks #7991 - #8024
Dated 08-01-88 thru - 08-08-88
$ 73,946.15 Checks #3792 - #3884
Dated 08-22-88
$272,032.36 Total per attached voucher/check register
(1,615.50) Less voided checks #3856 and #3872
$270,416.86 Total Accounts Payable
Payroll•
$158,862.31 Payroll Checks
$ 29,378.72 Payroll Deductions
$188,241.03 Total Payroll
$458,657.89 GRAND TOTAL
2. Final Plat: Southwinds of Maplewood 2nd Addition
Approved the Southwinds of Maplewood 2nd Addition final plat to create two
lots, but hold the signing of the plat until a deed is submitted to satisfy
condition nine.
"9. Thirty-foot-wide street right-of-way shall be shown on the
final plat west of a perpendicular to the Beebe Road right-
of-way along the north line of Lot Five to provide access
to the school district administration building."
3. Final Plat: Parkway Terrace 3rd Addition
Approved the Parkway Terrace 3rd Addition final plat for nine single
dwelling lots.
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F. PUBLIC HEARINGS
1. 7:00 P.M., Holloway Avenue
a. Plan Amendment (4 Votes)
b. Street Vacation
1. Mayor Greavu convened the meeting for a public hearing regarding
the proposal to vacate the south half of Holloway Avenue between
Furness Street and Beebe Road and for approval of a plan amendment
to vacate a portion of Holloway Avenue between North-St. Paul Road
and McKnight Road which is designated as a "major collector street" in
the comprehensive plan.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of
the proposal.
4. Commissioner Bob Cardinal presented the Planning Commission report.
5. Mayor Greavu called for proponents and opponents. The following
were heard:
Fred Valencour, 2104 E. Cowern, wished the street to go through
Bob Engwer, the petitioner, spoke on behalf of the proposal.
6. Mayor Greavu closed the public hearing.
7. Councilmember Rossbach moved to take no action.
Seconded by Councilmember Anderson. Ayes - all.
2. 7:10 P.M., Variance, 1927 Flandrau (Hensley)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of F. Dean and Patricia Hensley, 1927 Flandrau Street, for a lot
area variance of 2,700 square feet for a corner lot and a variation from
the subdivision code is required.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Bob Cardinal presented the Planning Commission recommenda-
tion.
e. Mayor Greavu called for proponents. The following were heard:
Mrs. Patricia Hensley, the applicant
Mr. Richard Miller, 1923 Flandrau
f. Mayor Greavu called for opponents. None were heard.
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g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved
its adoption:
88-8-132
WHEREAS, the City of Maplewood initiated a rezoning from R-1 to R-2
for the following-described property:
The easterly 150 feet of the north half of Lot 1, Block 2, Garden
Acres.
This property is also known as 1927 Flandrau Street, Maplewood;
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by the City of Maplewood, pursuant
to Chapter 36, Article VII of the Maplewood Code of Ordinances.
2, This rezoning was reviewed by the Maplewood Planning Commission
on August 15, 1988. The Planning Commission recommended to the
City Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on August 22,
1988, to consider this rezoning. Notice thereof was published
and mailed pursuant to law. All persons present at said hear-
ing were given an opportunity to be heard and present written
statements. The Council also considered reports and recommenda-
tions of-the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEW00D CITY COUNCIL that the
above-described rezoning be approved on the basis of the following find-
ings of fact:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
2. The proposed change will not substantially injure or detract
from the use of neighboring property or from the character of
the neighborhood, and that the use of the property adjacent to
the area included in the proposed change or plan is adequately
safeguarded.
3. The proposed change will serve the best interests and conveni-
ences of the community, where applicable and the public welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services
and facilities, such as public water, sewers, police and fire
protection and schools.
5. The lot would appear to meet the R-1 area standard, since a
home could not be built on the 71 feet of land to the west of
the R-2 zone.
Seconded by Councilmember Juker. Ayes - all.
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g. Councilmember Bastian introduced the following resolution and moved
its adoption:
88-8-133
WHEREAS, F. Dean and Patricia Hensley applied for a code variation
for the following-described property:
The north half of Lot 1, Block 2, Garden Acres.
This property is also known as 1927 Flandrau Street, Maplewood.
WHEREAS, Section 30-8 of the Maplewood Code of Ordinances prohibits
double-frontage lots, except where topographic or other conditions ren-
der subdividing otherwise unreasonable.
WHEREAS, the applicant is proposing a double-fnantage lot.
WHEREAS, the procedural history of this variation is as follows:
1. This variance was reviewed by the Maplewood Planning Commission
on August 15, 1988. The Planning Commission recommended to the
City Council that said variance be approved.
2. The Maplewood City Council held a public hearing on August 22,
1988, to consider this variance. Notice thereof was published
and mailed pursuant to law. All persons present at said hearing
were given an opportunity to be heard and present written state-
ments. The Council also considered reports and recommendations
of the City Staff and Planning Commission.
NOW, THEREOFE, BE IT RESOLVED BY THE MAPLEWOOD,CITY COUNCIL that the
above-described variance be approved on the basis of the following findings
of fact:
1. The unusual L-shaped pattern of the proposed lot is unique.
2. No home would be built on the lot.
3. The intent of the ordinance would be met. There would be no homes
facing the wrong direction.
4. There would be no adverse effect on the neighborhood.
Seconded by Councilmember Anderson. Ayes - all.
3. Code .Amendment - BC (M) District - Auto Service
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of GP-BAJR, Inc., to amend the BC (M) zoning district to allow an
Auto Service Center as a conditional use.
b. Manager McGuire presented the Staff report.
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c. Director of Community Deveopment Olson presented the specifics of the
proposal.
d. Commissioner Bob Cardinal presented the Planning Commission report.
e. Mayor Greavu called for proponents and opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson moved to table.
.Seconded by Councilmember Bastian. Ayes - all.
4. 7:30 P.M., 2829-47 White Bear Avenue
a. Plan Amendment (4 Votes)
b. Rezoning (4 Votes)
c. Conditional Use Permit
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of GP-BAJR, InG., for a plan amendment from LSC,
limited service commercial, to SC, service commercial, for all
three properties; rezoning from LBC, limited business commercial,
to BC (M) business commercial modified for 2829 White Bear Ave-
nue; a conditional use permit for all three lots to operate a
limited automobile service center.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of
the proposal.
4. Commissioner Bob Cardinal presented the Planning Commission report.
5. Mr. Gene Peterson, one of the owners, spoke on behalf of the
proposal.
6. Mayor Greavu called for proponents. The following were heard:
Bill Engleman, representing property owner, Ernest Radatz
Elana Palace, the listing agent
Bob Anderson, owner of property on Radatz
Robert Heinbuch, 2847 White Bear Avenue
Don Schoenberger, representing his mother, Esther Schoenberger,
2811 White Bear Avenue
Gene Tschida
7. Mayor Greavu closed the public hearing.
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8. Councilmember Anderson moved to refer Item 4-b Rezoning to the
Planning commission.
Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach
Nay - Councilmember Juker.
9. Councilmember Bastian moved to table Item 4-c, Conditional use
permit indefinitely and to table Item 4-a plan amendment until such
time as it is brought before the Council again.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Nay - Councilmember Juker.
5. 7:40 P.M., Conditional Use Permit: 1055 Highway 36 (Hermanson Dental Lab)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Hermanson Dental Laboratories for approval of a conditional use
permit to construct a 413 x 76 foot addition onto the west side of the
building.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Board Member Anitzberger presented the Community Design Review Board
report.
e. Commissioner Bob Cardinal presented the Planning Commission recommenda-
tion.
f. Mayor Greavu called for proponents and opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following resolution and moved its
adoption•
88-8-134
WHEREAS, Krech, O'Brien, Mueller and Wass, Inc., initiated a condi-
tional use permit to construct an addition onto a dental laboratory struc-
ture at the following-described property:
That part north of STH 36-118, of W 248.52 feet, of E 739.52
feet, of SW 1/4 (subject to road and easement of Sec. 9, Tn 29,
Rn 22.)
This property is also known as 1055 East Highway 36, Maplewood;
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WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on August 1, 1988. The Planning Commission recommended
to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on August 22,
1988. Notice thereof was published and mailed pursuant to law.
All persons present at said hearing were given an opportunity
to be heard and present written statements. The Council also
considered reports and recommendations of the City Staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described conditional use permit be approved on the basis of the fol-
lowing findings-of-fact:
1. The use is in conformity with the City's comprehensive plan, and
with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
3. The use would be located,. designed, maintained and operated to
be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area prop-
erties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to adherence to the site plan, dated July 12, 1988,
unless a change is approved by the City's Community Design Review Board.
Seconded by Councilmember Juker. Ayes - all.
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6: 7:50 P.M., Chesterwood Two Second Addition
a. Rezoning (4 Votes)
b. Preliminary Plat
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Garet M. Bros for approval of a rezoning from R-l,
single dwelling residential to R-2, double dwelling residential fcr
two proposed double dwellings and approval of a preliminary plat to
create two double dwelling lots along McKnight Road.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics.
4. Mayor Greavu called for proponents. The following were heard:
Mr. Garet Bros, the applicant.
5. Mayor Greavu called for opponents. The following were heard:
Denise Howard, 2254 Matterhorn Lane
Karl Maidment, 824 S. McKnight road
Resident, 2297 Timber Trail
Resident, 2276 Timber Trail
Resident 2276 Timber Trail
Bob Greer, 2284 Timber Trail
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to deny the rezoning.
Seconded by Councilmember Juker. Ayes - all.
8. Councilmember Anderson moved to approve the Chesterwood Two Second
Addition preliminary plat subject to the following conditions:
a. Rededication of the ponding easement on the proposed southerly
parcel as it presently exists on Outlot A.
b. Dedication of a ten-foot-wide drainage easement across both
parcels from north to south, subject to the City Engineer's
approval.
Seconded by Councilmember Juker. Ayes - all.
G. AWARD OF BIDS
1. Park Improvement Project 88-2P
a. Manager McGuire presented the Staff report.
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b. Director of Parks and Recreation Department Bob Odegard presented the
specifics of the bids.
c. Councilmember Rossbach introduced the following resolution and moved its
adoption•
88-8-135
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Enebak Construction Company in the amount of $518,070 is the most
responsible bid for general site construction at Playcrest Neighborhood
Park, Hazelwood Soccer Complex, Geranium Neighborhood Park and Sherwood
Neighborhood Park Project 88-2P and the proper City officials are hereby
authorized and directed to enter into a contract with said bidder for and
on behalf of the City.
Seconded by Councilmember Anderson. Ayes - all.
d. Councilmember Rossbach introduced the following r~sQlu€lon.and moved. its
adoption•
88-5- 136
WHEREAS, the City of Maplewood adopted a development program for the
Tax Increment Development District No. 1, and
WHEREAS, investment of tax increment bond proceeds within the capital
projects fund has resulted in an unappropriated surplus balance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD that Section 1.10 of the development program, regarding park
and open space to be created, is hereby modified to include the
following:
(d) the improvement of Sherwood Park located at Hazelwood and
Cope Avenues.
Seconded by Councilmember Anderson. Ayes - all.
2. Ferndale Storm Sewer, Project 87-20
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the bids.
c. Councilmember Anderson introduced the following resolution and moved
its adoption•
88-8-137
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Meyer Contracting, Inc., in the amount of $28,420.90 is the lowest
responsible bid for the construction of Ferndale Street Storm Sewer, City
Project 87-20, and the proper City officials are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of
the City.
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Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
H. UNFINISHED BUSINESS
1. C.D.R.B. Appeal: Finamart: (2168 White Bear Avenue)
a. Mayor Greavu moved to table this Item H-1 until 10:00 P.M.
Seconded by Councilmember Anderson. Ayes - all.
2. McKnight Road Phase 2, Project 87-04 (Public Hearing tabled 8-8-88)
a. Manager McGuire presented the Staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption•
88 - 8 138
WHEREAS, after due notice of public hearing on the construction
of roadway and utilities on McKnight Road, Larpenteur Avenue to
S.T.H. 36, Gity Project 87-04, a hearing on said improvement in
accordance with the notice duly given was duly held on August 8,
1988, and the Council 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 advisable, expedient and necessary that the
City of Maplewood construct roadway and utilities on McKnight
_ Road, Larpenteur Avenue to S.T.H. 36, City Project 87-04, as
described in the notice of hearing thereof, and orders the
same to be made.
2. The execution of Cooperative Agreement Number 88005 with
Ramsey County is hereby approved and authorized.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
I. NEW BUSINESS
1. Schedule for 1989 Budget Meeting
a. Manager McGuire presented the Staff report.
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b. Councilmember Anderson moved to establish the dates of September 19 1988
and September 21, 1988 from 4:00 P.M. to 9:00 P.M., to discuss the 1989 Budget
and that a public hearing on the 1989 Budget be held Monday October 3 1988
at 7:00 P.M.
Seconded by Councilmember Juker. Ayes - all.
2. Code Amendment: Setbacks to Residential Zones (First Reading).
a. Manager McGuire presented the Staff report.
b. Director of Community Devleopment Olson presented the specifics of the
proposed ordinance.
c. Councilmember Bastian moved to approve first reading of an ordinance amend-
. ing the code to establish setbacks to residentially zoned lands and instructed
Staff to review other- communities regarding the conditional use permit conditions
Seconded by Councilmember Anderson. Ayes - all.
3. Code amendment: Single Dwelling Lot Width (First Meeting)
a. Manager McGuire presented the Staff report.
b. Director of Community Devleopment Olson presented the specifics of the
proposal.
c. Commissioner Cardinal presented the Planning Commission recommendation.
d. Councilmember Rossbach moved first reading of an ordinance amending the code
to allow selected substandard width lots of record to be used as single dwelling
home sites.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Nay - Councilmember Juker.
4. McKnight Road Phase III, Project 87-OS
a. No parking resolution
1. Manager McGuire presented the Staff report.
2. Councilmember Anderson introduced the following resolution and moved its
adoption•
88 - 8 - 139
WHEREAS, the County has planned the improvement of McKnight
Road (CSAH 68) from Conway Avenue to 1200 feet north of Stillwater
Road; and
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WHEREAS, the County will be expending. County state aid highway
funds (SAP 62-668-26) on the improvement of said street; and
WHEREAS, said improvement does not conform to the approved
minimum standards as previously adopted for such County state aid
streets and that approval of the proposed construction as a County
state aid street project must, therefore, be conditioned on certain
parking restrictions; and
WHEREAS, the extent of these restrictions, that would be a neces-
sary prerequisite to the approval of this construction as a County
state aid project in the City, has been determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests
the County to restrict the parking of motor vehicles on the east
side of McKnight Road from Conway Avenue to Minnehaha Avenue.
Seconded by Mayor Greavu. Ayes - all.
3. Councilmember Anderson introduced the following resolution and moved its
adoption•
88-8- 140
WHEREAS, the County has planned the improvement of McKnight Road
(CSAH 68) from Conway Avenue to 1200 feet north of Stillwater Road;
and
WHEREAS, the County will be expending County state aid highway
funds (SAP 62-668-26) on the improvement of said street; and
WHEREAS, said improvement does not conform to the approved
minimum standards as previously adopted for such County state aid
streets and that approval of the proposed construction as a County
state aid street project must, therefore, be conditioned on certain
parking restrictions; and
WHEREAS, the extent of these restrictions, that would be a
necessary prerequisite to the approval of this construction as a
County state aid project in the City, has been determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests
the County to restrict the parking of motor vehicles on both sides
of McKnight Road from Stillwater Road to 1500 feet south of Maryland
Avenue.
Seconded by Mayor Greavu. Ayes - all.
b. Authorized M.S.A. Off-System Transfer
1. Manager McGuire presented the Staff report.
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2. Councilmember Anderson introduced the following resolution and moved
its adoption•
88-8- 141
WHEREAS, it hsa been deemed necessary for the City of Maplewood
to fund. required utility reconstruction on State Trunk Highway 5 from
McKnight Road to approximately 1200 feet east within the limits of
said municipality, and
WHEREAS, said construction project has been identified by the
Commissioner of Transportation as MSA Project Number 128-010-03.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that we hereby authorize appropriation of $30,000.00 from
our municipal state aid funds to apply toward the construction of
said project and request the Commissioner of Transportation to approve
this authorization.
Seconded by Mayor Greavu. Ayes - all.
5. Four-Way Stop Maryland-Ferndale
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to authorize Staff to establish four-way
stop signs at the intersection of Maryland Avenue and Ferndale Street.
Seconded by Mayor Greavu. Ayes - all.
6. Joint Use Sanitary Sewer Maintenance Agreement with St. Paul
a. Manager McGuire presented the Staff report.
b. Mayor Greavu authorized execution of the revised ioint use sanitary
sewer maintenance agreement.
Seconded by Councilmember Anderson. Ayes- all.
H. UNFINISHED BUSINESS (Continued)
1. C.D.R.B. Appeal: Finamart (2168 White Bear Avenue)
a. Manager McGuire presented the Staff report and stated the applicant is
appealing the Design Review Board's requirement that the westerly curb cut
on County Road B be closed.
b. Attorney Pat Wilcox, representing Finamart Oil, spoke on behalf of the
proposal.
Councilmember Juker moved to extend the meeting past the deadline.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
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c. Councilmember Anderson moved to approve the Community Design Review
Board's condition.
Seconded by Councilmember Juker. Ayes - Councilmembers Anderson and
Juker
Nays - Mayor Greavu, Councilmembers
Bastian and Rossbach.
Motion failed.
d. Mayor Greavu moved to close the southerly access and move the driveway
20 feet.
Seconded by Councilmember Bastian. Ayes - Mayor Greavu.
Nays - Councilmembers Anderson, Juker
and Rossbach
Councilmember Bastian abstained.
Motion failed.
Councilmember Anderson moved to table the balance of the Agenda items to August 29,
1988.
Seconded by Councilmember Bastian. Ayes - all.
M. ADJOURNMENT
11:00 P.M.
City Clerk
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