HomeMy WebLinkAbout08-23-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,August 23, 2010
Council Chambers, City Hall
Meeting No.18-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
Marvin Koppen, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda by the city council:
N1.Plastic Water Bottles–Councilmember Juenemann
N2.Elections in Maplewood–Mayor Rossbach
N3.BEDC Business Tours –Councilmember Llanas
Councilmember Juenemannmoved to approve the agenda as amended.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of August 2, 2010, City Council Workshop Minutes
Councilmember Nephew had an addition to D. 2. adding the names of the winners of the Extreme
Green Makeover,Michael and Michelle Tibodeau.
Councilmember Nephewmoved to approve the August 2, 2010, City Council Workshop Minutes
as amended.
Seconded by Councilmember Juenemann.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Llanas & Nephew
Abstention –Councilmember Koppen
The motion passed.
2.Approval of August 9, 2010, City Council Workshop Minutes
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Councilmember Juenemann had an addition to D. 1. b. 3.clarifying that Dale Trippler is a
member of the Trash Hauling Sub-Committee.
CouncilmemberNephewmoved to approve the August9, 2010, City Council Workshop Minutes
as amended.
Seconded by Councilmember Juenemann.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Llanas & Nephew
Abstention –Councilmember Koppen
The motion passed.
3.Approval of August 9, 2010, City Council Meeting Minutes
CouncilmemberNephewmoved to approve the August 9, 2010, City Council Meeting Minutes as
submitted.
Seconded by Mayor Rossbach.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Llanas & Nephew
Abstention –Councilmember Koppen
The motion passed.
4.Approval of August 13, 2010, Special City Council Meeting Minutes
Councilmember Nephewmoved to approve the August 13, 2010, Special City Council Meeting
Minutes as submitted.
Seconded by Mayor Rossbach.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
Llanas & Nephew
Abstention –Councilmember Koppen
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Annual Pride of Maplewood Award –In Memory of Sergeant Joe Bergeron
a.Mayor Rossbach presented Chief Thomalla with the Annual Pride of Maplewood Award
that was awarded previously for Sergeant Joe Bergeron.
G.CONSENT AGENDA
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1.Councilmember Nephewmoved to approve items1-4.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Councilmember Juenemannmoved to approve item5.
Seconded by CouncilmemberLlanas.Ayes –Mayor Rossbach,
Councilmember Juenemann,
Koppen & Llanas
Nay
–Councilmember Nephew
The motion passed.
1.Approval of Claims
CouncilmemberNephewmoved Approval of Claims.
ACCOUNTS PAYABLE:
$ 2,685,949.44Disbursements via debits to checking account
Dated 08/02/10 thru 08/06/10
$302,013.20Checks # 81955thru # 82044
Dated 08/09/10 thru 08/17/10
$ 322,992.86Disbursements via debits to checking account
Dated 08/09/10 thru 08/13/10
__________________
$ 3,310,955.50Total Accounts Payable
PAYROLL
$518,815.91Payroll Checks and Direct Deposits dated 08/06/10
$ 2,290.25Payroll Deduction check #1009300thru #1009302
dated 08/06/10
___________________
$521,106.16Total Payroll
GRAND TOTAL
$ 3,832,061.66
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Approval of Continued Participation in Livable Communities
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CouncilmemberNephewmoved toapprovethe resolution electing continued participation in the
local housing incentives account program under the LCA.
RESOLUTION 10-08-444
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES
ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEARS 2011 THROUGH 2020
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473,25 to
473.255)establishes a Metropolitan Livable Communities Fund which is intended to address housing
and other development issues facing the metropolitan area defined by Minnesota Statutes section
473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization
Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and
Inclusionary Housing Account, is intended to provide certain funding and other assistance to
metropolitan-area municipalities; and
WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the
Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from
the Minnesota Department of Employment and Economic Development unless the municipality is
participating in the Local Housing Incentives Account Program under Minnesota Statues section
473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate
with each municipality to establish affordable and life-cycle housing goals for that municipality to
establish affordable and life-cycle housing goals for that municipality that are consistent with and
promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development
Guide; and
WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities
participating in the Local Housing Incentives Account Program expire in 2010; and
WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account
Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the
Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully
negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council
adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and
(d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives
Account the required Affordableand Life-Cycle Housing Opportunities Amount (ALHOA) for each year
the municipality participates in the Local Housing Incentives Account Program.
WHEREAS, the history of this request is as follows:
1.On August 11, 2010, the housing and redevelopment authority reviewed this request.
2.On August 23, 2010, the city council reviewed this request. The city council also considered reports
and recommendations of the city staff and the housing and redevelopment authority.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Maplewood:
1.Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act for calendar years 2011 through 2020.
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2.Agrees to the following affordable and life-cycle housing goals for the calendar years 2011
through 2020:
New Affordable Units (rental and ownership) 252 to 388
New Life-cycle Units 385 to 1,050
3.Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to
take to meet its established housing goals.
The Maplewood City Council approved this resolution on August 23, 2010
By:___________________________By:___________________________
Mayor City Clerk
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3.Approval of Temporary Gambling Permit and Fee Waiver –Church of St. Jerome’s
CouncilmemberNephewmoved toapprove the resolution for the temporary gambling permit and
fee waiver for the Church of St. Jerome’s at 380 Roselawn Avenue East to be usedSeptember
19, 2010.
RESOLUTION 10-08-446
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
gambling permit for lawful gambling is approved for the Church of St. Jerome’s, 380 E. Roselawn
Avenue, to be used on September 19, 2010.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
of the Minnesota Department of Gaming approve said permit application as being in compliance
with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood,
Minnesota, be forwarded tothe Gambling Control Division for their approval.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
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4.Consider Re-Scheduling Work Session from September 6to September 7at 5:15 p.m.
Councilmember Nephewmoved toapprove rescheduling the council manager work from
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September 6to September 7at 5:15 p.m. for the purpose of discussing the draft 2011 Budget
Document.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
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5.Approval of Variance Resolution, The Shores at Lake Phalen, 940 Frost Avenue
CouncilmemberJuenemannmoved toapprove the wetland buffer variance resolution for The
Shores at Lake Phalen, 940 Frost Avenue.
VARIANCE RESOLUTION 10-08-447
WHEREAS, Link Wilson, Kaas Wilson Architects Representing Jack Rajchenbach and Albert
Miller of Maplewood Senior Living, LLC, applied for a variance from the wetland protection ordinance.
WHEREAS, this variance applies to the following property:
Address: 940 Frost Avenue
Property Identification Number: 16-29-22-31-0025
Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey
County, Minnesota which lies S’ of Frost Avenue as described in Document No. 1999021, W’ of
Frost Avenue Connection as described in Document No. 1999021, N’ of East Shore Drive as
described in Document No. 367903, and NE’ of a line described as commencing at the center
of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along
the N line of said Government Lot2, 1130.00 feet, to the point of beginning; thence South 27
degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East
Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot
2 as measured along the N line of said East Shore Drive and said line there terminating.
New Legal Description (After Lot Division): All that part of Lot 1, Block 1, The Shores of Lake
Phalen, Ramsey County, Minnesota that lies northerly of the following described line:
Commencing at the southwest corner of said Lot 1, thence North 27 degrees 23 minutes 03
second West, along the southwesterly lot line of said Lot 1, a distance of 509.1 feet to the point
of beginning of the line to be described; thence North 64 degrees 53 minutes 46 seconds East,
a distance of 160.32 feet; thence North 69 degrees 51 minutes 35 seconds East a distance of
105.83 feet; thence South 61degrees 19 minutes 41 seconds East, a distance of 74.90 feet to
a point on the easterly line of said Lot 1 and there terminating.
WHEREAS, Ordinance No. 895, the Environmental Protection and Critical Area Ordinance
dealing with Wetlands, requires a wetland protection buffer of 50 feet in width adjacent to Manage C
wetlands.
WHEREAS, the applicant is proposing to grade up to five feet from the wetland, requiring a
variance of 45 feet.
WHEREAS, the history of this variance is as follows:
1.On June 15, 2010, the planning commission held a public hearing to review this proposal.
City staff published a notice in the paper and sent notices to the surrounding property
owners as required by law. The planning commission gave everyone at the hearing a
chance to speak and present written statements. The planning commission also
considered the report and recommendation of the city staff. The planning commission
recommended that the city council approve this variance request.
2.The city council held a public meeting on August 9, 2010, to review this proposal. The
council considered the report and recommendations of the city staff and planning
commission and input from the applicant and its representatives.
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NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
variances based on the following reasons:
a.The 2030 Comprehensive Planhas set the City’s expectation of reasonable use in that high
density multiple-family housing will be built on this site.
b.The Gladstone Neighborhood Master Plan has set the City’s expectation of a multi-story,
multiple-family housing project be built which also serves as a gateway to the Gladstone
neighborhood and protects existing natural vegetation, tree canopy, and wetland features as
well as manages storm and other waters associated and not associated with this site.
c.The City also considers the provision of senior housing in this area to be the only reasonable
use given the City’s desire to have a higher density, yet lower impact type of development on
the site.
d.The City finds that the approximately 4.5 acre site is quite unique geographically and by its
very unique topography presents an undue hardship to develop, but particularly so given the
desire to have high density and low impact development.
e.The City also finds that it previously approved the developer’s project and subsequently
changed thewetland regulations on its own, which has necessitated the variance through no
fault or action of the applicant but thereby causing the applicant an undue hardship.
f.The City also acknowledges that the project has already passed the “but-for” analysis forTIF
financing, implying that any less density will certainly render the project unbuildable.
g.Approval of the requested wetland buffer variance would benefit the affected wetland because
the existing wetland is currently completely non-functional and approval of the variance and
subsequent development of this site will allow for complete reclamation of the wetland and
establishment of the City’s wetland buffers: a high priority for the City.
h.The improvement and reclamation of the wetland on this site will help the City meet its water
volume reduction goals and help improve the water quality of nearby Phalen Lake which has
been classified as an impaired water body by the Minnesota Pollution Control Agency.
Strict enforcement of the ordinance would causethe applicant undue hardship because
i.
complying with all of the wetland buffer requirements stipulated by the wetland ordinance will
dramatically diminish the development density potential of this lot and make it
impossible to
combine high density with lowoverall impact as envisioned by the City as the reasonable use of
this property.
j.The applicant of the variance testified that the development will not proceed if the variance is not
granted.
k.Given the unique character of the site combined with the city's specific goals in terms of density
and type of development for the site,per the Gladstone Master Plan as adopted by the City,this
site cannot be reasonably used for any other purpose without a variance regardless of who the
property owner or applicant happens to be.
l.Given the above factors, the City finds that the property in question cannot be put to a reasonable
use if used under the conditions allowed by the City’s official controls.
m.Approval would also meet the spirit and intent of the ordinance since the proposed restoration and
mitigation of the wetland buffers will greatly improve the quality of the existing identified wetland
on the site.
Approval of this wetland buffer variance is subject to the following conditions:
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a.All permits and approvals by the Ramsey Washington Metro Watershed District will need to be
secured.
b.Satisfy the requirements set forth in the staff report authored by Mr. Thompson, dated June 7,
2010.
c.Satisfy the requirements set forth in the staff report authored by Ms. Finwall and Ms. Gaynor,
dated May 28, 2010.
d.Submittal of revised plans showing increased wetland setbacksof at least 25 feet, subject to staff
approval.
The Maplewood City Council approved this resolution on August 9,2010.
Seconded by CouncilmemberLlanas.Ayes –Mayor Rossbach,
Councilmember Juenemann,
Koppen & Llanas
Nay
–Councilmember Nephew
The motion passed.
H.PUBLIC HEARING
None.
I.UNFINISHED BUSINESS
1.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Accepting
Roll and Ordering New Assessment Hearing
a.Deputy Public Works Director, City Engineer, Michael Thompson gave the report.
Councilmember Nephewmoved toapprove the resolution for the White Bear Avenue/County
Road D Improvements, Project 08-13: Accepting Roll and Ordering a New Assessment Hearing
for September 27, 2010, at 7:00 p.m.
RESOLUTION 10-08-448
ORDERING NEW ASSESSMENT ROLL HEARING
WHEREAS, the city engineer has, at the direction of the council, prepared an assessment roll for
the White Bear Avenue / County Road D Improvements, City Project 08-13, andthe said assessment roll
is accepted by council and is on file in the office of the city engineer.
WHEREAS, an assessment hearing for City Project 08-13 was previously held on July 26, 2010
after the council called for a hearing on June 14, 2010.
WHEREAS, published notice for the July 26, 2010 assessment hearing was incorrectly published
on July 14 and 21, thereby not meeting Minnesota Statute requirements (Minn. Stat. § 429.061, subd. 1)
of providing two weeks published notice prior to the hearing date.
WHEREAS, since Statute requirements were not met the Assessment Hearing held on July 26,
2010 was not valid and a new Assessment Hearing must be held in order to be in conformance with
State Statute requirements, specifically, Minnesota Statutes, § 429.071 Subd. 2).
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
th
1.A hearing shall be held on the 27day of September2010, at city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
2.The city clerk is hereby directed to causea notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city
engineer,and that written or oral objections will be considered.
rd
Approved this 23day of August 2010.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
J.NEW BUSINESS
1.Call a Public Hearing for October 4, 2010, to Review Collection System Analysis
a.Community Development & Parks Director, DuWayne Konewko gave the report and
answered questions of the council.
CouncilmemberJuenemannmoved toapprove calling for a public hearing for October 4, 2010, to
review collection system analysis. The public hearing will be held during a special city council
meeting with no other agenda items. The purpose of the public hearing is to take testimony from
all interested parties on the city’s proposal to organize its trash hauling system.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
2.Consider Approval of Kingston Avenue Right-of-Way Vacation, Request by Richard
DuFresne (1721 DeSoto Street)
a.Community Development & Parks Director, DuWayne Konewko gave the reportand
answered questions of the council.
b.City Attorney, Alan Kantrud addressed and answered questions of the council.
Councilmember Juenemannmoved toapprove the resolution approving the right-of-way vacation
for Kingston Avenue requested by Richard DuFresne (1721 DeSoto Street).
VACATION RESOLUTION 10-08-449
WHEREAS, Richard Dufresne, 1721 DeSoto Street, applied for the vacation of the following:
All that part of Kingston Avenue East (platted as King Street) as shown on KINGS ADDITION TO
THE CITY OF ST. PAUL, according to the plat thereof recorded in the office of the County Recorder,
Ramsey County, Minnesota which lies southerly of the north line of the West Half of the Southwest
Quarter of the Southeast Quarter of the Southwest Quarter of Section 17, Township 29 North, Range 22
West, Ramsey County, Minnesota; westerly of a line parallel with and 33.00 feet westerlyof the
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centerline of DeSoto Street as traveled; and northerly of the north line of Lot A, said KINGS ADDITION
TO THE CITY OF ST. PAUL.
WHEREAS, the history of this vacation is as follows:
1.On August 17, 2010, the planning commission held a public hearing. The city staff
published a notice in the Maplewood Review and sent a notice to the abutting property
owners. The planning commission gave everyone at the hearing a chance to speak and
present written statements.
2.On August 23, 2010, the city council considered reports and recommendations from the
city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the
following property, which is indicated by its property identification number:
PIN: 17-29-22-33-0083
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
1.It is in the public interest.
2.The city is not using the right-of-way for a public street.
3.The right-of-way is not needed for street access purposes as the adjacent properties have
street access on DeSoto Street.
This vacation is subject to:
1.The dedication of the 33-foot-wide roadway easement for DeSoto Street should be a
condition for the approval of the vacation request
2.Comply with any other requirements contained within Assistant City Engineer Steve Love’s
report, dated August 4, 2010.
The Maplewood City Council adopted this resolution on August 23, 2010.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
3.Consider Approval of English/TH 36 Interchange Improvements, City Project 09-08,
Resolution Ordering Preparation of Feasibility Study and Authorization to Proceed
a.Deputy Public Works Director, City Engineer, Michael Thompson gave the report and
answered questions of the council.
Councilmember Juenemannmoved toapprove the resolution ordering the preparation of the
feasibility study for the English/TH 36 Interchange Improvements, Project 09-08 and authorizing
the project to proceed.
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RESOLUTION 10-08-450
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the English St/TH 36/TH 61 Area, City
Project 09-08 and to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer or representative consulting
engineer(s)for study and that he is instructed to report to the council with all convenient speed advising
the council in a preliminary way as to whether the proposed improvement is necessary, cost effective
and feasible and as to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost ofthe improvement as recommended; and
FURTHERMORE, funds in the amount of $300,000 are appropriated to begin tasks generally
described asfeasibility study, pursue additional project funding, public involvement, design surveys,
preliminary layouts and approvals, environmental assessment documentation, and other associated
tasks to move this project tofinal design.
rd
Approved this 23day of August 2010.
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
K.VISITOR PRESENTATIONS
1.Mark Jenkins, Maplewood.Mr. Jenkins said aStillwater Girl Scout troophad volunteered to work
at the Maplewood Nature Center. Mr. Jenkinswanted to draw attention to volunteers from other
communities that take time tooffer assistancein the city.
L.AWARD OF BIDS
1.Lions Park Redevelopment –Resolution Receiving Bids and Awarding Construction
Contract
a.CivilEngineer, Steve Kummer gave the report and answered questions of the council.
Councilmember Juenemannmoved toapprove the resolution receiving bids and awarding the
construction contract to Fitol-Hintz Construction, Inc., for $499,644.65for the redevelopment of
Lions Park.
RESOLUTION 10-08-451
AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Fitol-Hintz Construction, Inc.in the amount of $499,644.65 is the lowest responsible bid for
the construction of the Lions Park Improvements –City Project 08-09, and the mayor and clerk
are hereby authorized and directed to enter into a contract with said bidder for and on behalf of
the city.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project.
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rd
Adopted by the council on this 23day of August, 2010.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
M.ADMINISTRATIVE PRESENTATIONS
None.
N.COUNCIL PRESENTATIONS
1.Plastic Water Bottles
–Councilmember Juenemann
Councilmember Juenemann said she will be working diligently toeliminateplastic water
bottles from the city hall and the Maplewood Community Center and will recommend using
paper cups or bringing your own water bottle to fill it with water.
2.Elections in Maplewood
–Mayor Rossbach
Mayor Rossbach said the City of Maplewood had a 23% turnout for the general election on
August 10, 2010. Mayor Rossbach asked staff to bring more information back to the city
councilregarding holding elections on even years.
3.Business Economic Development CommissionTours
–Mark Jenkinssaid the BEDC will
be meeting people in the business community to conduct an outreach program to hear what
people have to say. Staff will accompany one or two BEDC members starting Tuesday,
August 24, 2010,around 6 p.m.There may betwo openings on the BEDC, contact city hall if
you are interested in serving on the commission.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 8:12p.m.
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