Agenda -Final HOPKINS CITY COUNCIL
Final AGENDA
May 6, 2008
• 7:30 m
THIS PRELIMINARY AGENDA IS SUBJECT TO CHANGE
UNTIL THE START OF THE CITY COUNCIL MEETING
Schedule: 7:15 pm — HRA Meeting
7:30 pm — City Council Meeting
Work session after close of regular City Council meeting
I_ CALL TO ORDER
II. OPEN AGENDA — PUBLIC COMMENTS/CONCERNS �
(Public must fill out a Speaker Request Form. Three minute limit for each person)
IIL PROCLAMATION
1. City Arbor Day Proclamation
• IV. REPORTS
1. Zoning & Planning; Linda Flynn
V. CONSENT AGENDA
1. Minutes of April 15, 2008 City Council Meeting
2. Minutes of April 15, 2008 Work Session following the City Council Meeting
3. Minutes of April 22, 2008 Work Session
4. Second Reading for Ordinance 2008-999, Amending Section 315.05 of the Hopkins
City Code, Background Investigations for Volunteers; Specken, (Memo)
5. Authorize Engineering Study — Cambridge Street; Bradford (CR2008-047)
6. Authorize the Publication and Distribution of the Updated 2008 AUAR and Mitigation
Plan for the Excelsior Crossings Development; Elverum (CR2008-046)
7. Ratify Checks for the Month of April; Harkess
8. Miscellaneous Licenses for Approval, Obermaier
Vote: Youakim Brausen Rowan Halverson Maxwell
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QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE —(952) 939-1421
The Razzle Line is the Cit of Ho kins voice messa e s stem
• VI. NEW BUSINESS
1. Approve Resolution Authorizing the Execution of a Joint Powers Agreement for the
Leasing of Breathing Apparatus; Specken (CR2008-044)
Vote: Youakim Brausen Rowan Halverson Maxwell
2. Award of Bid — 2008 Seal Coat Project, City Project 08-01; Stadler (CR2008-045)
Vote: Youakim Brausen Rowan Halverson Maxwell
VII. ADJOURNMENT
Vote: Youakim Brausen Rowan Halverson Maxwell
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. A regular meeting of the Hopkins City Council was held on April 15, 2008, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Youakim, and Halverson.
Also, present were staff inembers Getschow, Genellie, Harkess, Stadler, Elverum,
Specken, Bradford, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:40 p.m.
II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS
Matthew McNeil, 520 5t" Ave S, requested that the Council consider an ordinance
controlling cats.
III. OATH OF OFFICE
1. Liz Dorn, Charter Commission; Jannina Aristy, Charter Commission
The City Clerk administered the oath of office to Liz Dorn and Jannina Aristy, new
. members of the Charter Commission.
IV. REPORTS - COMMITTEES/COMMISSIONS
1. Park Board
Doug Datta reported that the Park Board did a final review of the parks and trails in the
Comprehensive Plan; that Mr. Stadler is in the process of obtaining costs estimates of
playground equipment for the ERP; Mr. Stadler presented the Wilder Study; and the Board
reviewed preliminary drawings of proposed field four at Central Park.
V. CONSENT AGENDA
1. Minutes of April 1, 2008 City Council Meeting
2. Minutes of April 1, 2008 City Council Work Session
3. Minutes of April 8, 2008 City Council Work Session
4. Approve Second Reading of Ordinance 2008-998, Regarding Water Systems
(CR2008-040
5. Approve Second Reading of Ordinance 2008-997, Regarding Alcohol (Memo)
6. Approve Second Reading of Ordinance 2008-996, Regarding Disposition of
Unclaimed or Surplus Property (Memo)
� 7. HCA Loan (CR2008-043)
• April 15, 2008 City Council Meeting Minutes Page 1
Mr. Stadler pointed out that the motion for item four should include ordering publication.
Mr. Getschow pointed out that item seven, HCA Loan, was unintentionally left off the
final agenda. It should be on the agenda and included in the motion.
Council Member Halverson moved and Gouncil Member Brausen seconded a motion to
approve the Consent Agenda as amended. A poll of the vote was as follows: Council
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Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye;
' Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1. Approve Conduit Bond Financing for Raspberry Ridge (CR2008-042)
Raspberry Ridge is a multifamily housing development consisting of 65 apartments and
36 townhomes.
Community Housing Development Corporation, the owner of the project, has applied to
the City to issue a multifamily housing revenue note. The proceeds will be used to refund
prior bonds, finance approximately $886,000 in additional improvements, and fund a
reserve. The project meets the requirements of the City policy regarding taxable/tax
exempt financing. The City will not be liable for any payments on the project. The
documents have been reviewed by Stefanie Galey, Faegre & Benson. u��
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j Daniel Sallis, Vice President of Community Housing Development Corporation, and Sara
Matala, J. L. Pope Associates, came forward. Ms. Salas gave a history of the project.
Ms. Sallis and Ms. Matala answered questions.
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��, Mayor Maxwell opened the public hearing at 8:05 p.m.
A member of the Cooperative Board came forward to read a letter from the Cooperative
Board in support of the Bonding.
Council Member Brausen moved and Council Member Youakim seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 8:09
p.m.
Council Member Youakim moved and Council Member Brausen seconded a motion to
approve Resolution 2008-028, authorizing the issuance, sale, and delivery of a '
multifamily housing revenue note (Raspberry Ridge Project), Series 2008, and prescribing
the form of and authorizing the execution of related documents. A poll of the vote was i
as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council I
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. �
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VII. NEW BUSINESS ��
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April 15, 2008 City Council Meeting Minutes Page 2
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. 1. Approve Ordinance 2008-999, Regarding Background Investigations for Fire
Department Volunteers for First Reading (CR2008-037)
The Fire Department has begun to recruit volunteers for the Community Emergency
Response Team (CERT) Program. Because the volunteers would be working with City
residents in an emergency situation, the State has recommended that the departments
conduct a background investigation on them. The easiest way to do this is through the
Police Department's connection to the Minnesota BCA. The City's contract with BCA
does not allow that unless authorized by ordinance. In response to Council Member
Youakim's question, Mr. Genellie responded that the City pays an annual rate for the
connection to the BCA. If the backgrounds were done through other means, the City
would pay approximately $15 per check.
Council Member Brausen moved and Council Member Halverson seconded a motion to
approve Ordinance 2008-999 for first reading. A poll of the vote was as follows:
Council Member Youakim, aye; Council Member Brausen, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Accept Plans and Order of Bids for the 2008 Street Improvement Projects
(CR2008-041)
. On February 4, 2008, the City Council conducted a public hearing on street and utility
improvements on Minnetonka Mills Road and 2" Street NE. The Council authorized the
project to proceed and ordered plans and specifications.
Marcus Thomas, Bolten and Menk, reviewed the plans and specifications and the project
schedule.
The City Council discussed the sidewalks and the difference in bids if the sidewalks and
trails were bid as separate items
AJ Mitchell, 101 Minnetonka Mills Rd, came forward and stated that he preferred a
sidewalk to a trail on the sough side of the street.
Council Member Youakim moved and Council Member Halverson seconded a motion to
adopt Resolutions 2008-026, Resolution Approving Plans and Specifications, 2008 Street
and Utility Improvements — City Project 07-10, and 2008-027, Resolution Relating to
Parking Restrictions on Minnetonka Mills Road from 5 Ave N to 400 Feet East of Herman
Terr — City Project 07-10, and Authorizing Advertisement for bids. A poll of the vote was
as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
� 3. Order AUAR Update, Excelsior Crossings (CR2008-039)
April 15, 2008 City Council Meeting Minutes Page 3
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In 2001, an AUAR was completed for the North Annex property to facilitate the proposed �%
Medica project. The environmental review was necessary because of the size of the
project and statutory requirements. In 2006, the AUAR was updated to take into account
the Excelsior Crossing project, first analyzing the impact of 691,000 square feet and then
again for 740,000 square feet.
Opus has informed staff that they are now proposing an increase of 59,000 square feet
to a total of 799,000 square feet, triggering another update to the AUAR. It will also
take into consideration the change in use of the former retail pad on the east side of the
property to a corporate daycare facility. The analysis will primarily concentrate on traffic
; impacts. � �
RLK Associates, Ltd. completed the original AUAR and subsequent updates and would be
; in the best position to complete the update. The contract for services will be between
; the City and RLK. Costs of the update, estimated to be 521,500 will be paid for by
i Opus. When the draft is completed in May, there will be a public review and comment
� period.
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! Tom Shaver, representing Opus, presented the new elevations and plans.
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�� John Dietrich, RLK Associates, explained the process for updating the AUAR. ��� ��.
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i Council Member Halverson moved and Council Member Youakim seconded a motion to
i adopt Resolution ordering preparation of an update to the updated Alternative Urban
Areawide Review (AUAR) and mitigation plan for the Excelsior Crossing office
development. A poll.of the vote was as follows: Council Member Youakim, aye; Council
i Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion
� carried unanimously.
4. Approve Liquor Licenses and Tobacco License for A-Du Enterprises, LLC, �dba
Best Buy Liquors at 808 Mainstreet (CR2008-038)
The father-in-law of one of the owners of Best Buy Liquor Warehouse is in the process of
purchasing the building next door to their current location. They plan on moving into the
new location the end of June with a June 30t" opening date. Because the 30t of June is
the last day of the current license period, they will need a 2007/2008 license for the day.
The cost of the license is $200: The motion includes a waiver of that fee.
Because the City is in the process of renewing 2007/2008 licenses, the motion will
include the renewal of the liquor license and the granting of a tobacco license for the
2008/2009 license year.
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� Roy Nguyen, co-owner of Best Buy Liquor Warehouse came forward to answer questions. �'
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April 15, 2008 City Council Meeting Minutes Page 4 �,
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� Council Member Brausen moved and Council Member Halverson seconded a motion to
approve a new off-sale liquor license, renew the same off-sale liquor license for the year
2008/2009 and approve a tobacco license for the year 2008/2009 for A-Du Enterprises,
LLC, DBA Best Buy Liquor Warehouse, 808 Mainstreet, Hopkins and waive the fee of
5200.00 for the new license. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
5. 2008 First Quarter Financial and Investment Report (Memo)
Christine Harkess, Finance Director, gave a presentation of the Financial and Investment
Report.
No Action was taken.
VIII. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council Member
Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:08 p.m.
. Respectfully Submitted,
Terry Obermaier, City Clerk
COUNCIL MEMBERS
ATTEST:
Eugene J. Maxwell, Mayor
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April 15, 2008 City Council Meeting Minutes Page 5
April 15, 2008
Page 1
MINUTES OF THE CITY COUNCIL WORK SESSION
AT CONCLUSION OF THE REGULAR CITY COUNCIL MEETING
• Tuesday, April 15, 2008
Mayor Maxwell called the meeting to order at 9:15 pm. Present were Mayor Maxwell and Council
members Halverson, Brausen, Youakim and City Manager Rick Getschow.
Sidewalks and Trails as Part of the 2008 Street and Utilitv Improvements:
• Council discussed the need for another work session discussion regarding the construction of the trails
and sidewalks as part of the 2008 street and utility improvements. The council will discuss the final
plans for this project in the May 13 work session prior to the May 20 city council meeting whereby the
bids for the entire project would be accepted.
Work Sessions Locations:
• Council discussed conducting work sessions in locations throughout the city. Staff will follow-up with
council in the future regarding the exact locations of the work sessions and the timings of the work
sessions.
County Assessor Update:
• • The City Manager stated that the Assessors under contract with Hennepin County will be at the next city
council work session prior to the open book meeting that is planned for May 6 th from 5:00 — 7:00 pm.
Cat Ordinances•
• Based on the resident addressing the council earlier in the evening, the City Manager will plan a work
session the following_ week to discuss animal control ordinances.
With no further business, a motion was made by Brausen, seconded by Youakim to adjourn the meeting. The
motion passed unanimously. The meeting was adjourned at 9:40 pm.
Rick Getschow, Secretary
CITY COUNCIL
•ATTEST:
Eugene J. Maxwell, Mayor
• Apri122, 2008
Page 1
. MINUTES
CITY COUNCIL WORK SESSION — Apri122, 2008
A work session of the Hopkins City Council was called to order by Mayor Gene
Maxwell at 6:30 p.m. on April 22, 2008, at the Hopkins City Hall. Council members
Rick Brausen, Kristi Halverson, Bruce Rowan and Cheryl Youakim were present. City
staff present were City Manager Rick Getschow, Facilities Director Jay Strachota,
Membership & Volunteer Manager Lynn Anderson; Director of Planning Kersten
Elverum, City Attorney Bob Dieke, Public Works Director Steve Stadler, and Building
Maintenance Superintendent Norb Kerber. Also present were Mike Smerdon, Earl Zent
and Nate Stulc of the Hennepin County Assessors Office.
Annual Assessor Update
Mr. Smerdon said Hopkins did better with property values than most area cities,
going down only slightly. Residential values (105 sales) went down 1.6%, condos (53
sales) went down 5%, and townhomes (35 sales) went down 3.3%. Properties are on the
market longer than before, but prices are close to what they were a year ago. Mr. Zent
noted there is more negative growth than before, and tax expenses will go up, especially
on commercial property as those values mostly did not go down. Foreclosures skew
percentages; condos were hit the hardest. Answering Mr. Brausen, Mr. Smerdon said in
2008 61 Hopkins properties went on sheriff's sales (the first step in foreclosure), 39 of
which were condos or townhomes. There is no market for duplexes. Answering Ms.
. Youakim, Mr. Zent said foreclosures are part of the problem, but market conditions are
the bigger problem. Banks are becoming much more cautious about lending. Mr. Stulc
commented that his real estate agent told him that sales were 50% above what the agency
had projected last month. Mr. Getschow noted that currently there are 71 on the list
which was sent to the utilities. He has a map of those, which are concentrated in south
Hopkins. Mr. Zent noted they are also listed on the County website. Brooklyn Park and
Brooklyn Center had much higher numbers.
Answering Mayor Maxwell, Mr. Zent said commercial properties are holding
steady or inching up slightly. Hopkins showed a+2% growth, due partly to the Cargill
building, which accounted for 18 million of the 30 million dollars growth. He is cautious
because he is starting to see commercial properties start to slow down. He knows of no
foreclosures. Cargill will be Hopkins' "guiding star".
Mr. Brausen commented that the total reassessment of Hopkins properties over
the past couple years is unfortunate as values had been grossly underrated and values shot
up. Now owners feel they should go down that much. Mr. Smerdon added that the
assessors have to use figures that are based on the twelve months that ended six months
ago. Mr. Zent said MLS throws everything into their ratings, including foreclosures,
which they do not feel is appropriate. Everything comes back to employment and cost of
goods.
Mr. Smerdon said they would be at the open book session on May 6 from 5:00- �
7:00; residents may also call at any time. Mayor Maxwell asked what information
residents should bring when they see the assessors. Mr. Smerdon said figures on sales in
their area and appraisals. They have the right to appeal by June 4.
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Apri122, 2008 •
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Hopkins Center for the Arts Update �
Facilities Director Jay Strachota said Art Center rentals are up; a major lease with ��
Hopkins School District was just completed. Today Stages received word they will
receive a$200,000 grant from McKnight for capital improvements. $120,000 of this will
be used for a state-of-the-art stereo sound system. We are getting a good price as it will
be the first of its kind in the area, and the company has already made arrangements to pay
rent for the theater so they can demonstrate it to customers. Later he added it should be
installed in August. Answering Mayor Maxwell, he said he does not know if the system
can be extended to the Jaycee Room, but he will ask. The office alterations are complete;
he is continuing to work on getting the information desk built. Storage space continues to
be a challenge; a donated storage bin will be put behind the building to store the crates
and supplies for Velocity. Lynn Anderson started March 3 as a part-time Membership
and Volunteer Manager. The Board transition is going welL The state has finally
approved the papers, so bank accounts, etc. can be transferred and the change completed.
Ms. Anderson said there are eight members so far, seven of them new, and we are
working with MAP for nonprofits to recruit non-Hopkins people. She is working on
membership renewals right now. She is establishing links with the websites of the State
Arts Board, MPR, Jazz 88, and art supply stores. She is working on fund raising; a small
event will be May 16-19 when Linders' Greenhouse will give the Center 15% of sales to
�' customers who mention Hopkins Center for the Arts. She is planning to have a major
fund raiser for fa112009, and has talked to Triple Espresso and How to Talk Minnesotan
so far. The goal is to get sponsors for the entertainment so all ticket sales, etc. will go to
the Center. Ms. Youakim suggested that if this is decided by Raspberry Festival, a float ,;,,
would be good publicity. Ms. Anderson said she is considering a car donations program,
usin a commercial rou . Ma or Maxwell directed her to run that by the city attorney. �
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Answering Mayor Maxwell, Mr. Strachota said the budget is done, but Ms. Hanna-Bibus
would be the one to ask questions. Mr. Getschow noted it was done with the city budget
as the city does the bookkeeping. The Friends budget is very small. Mr. Strachota. said
memberships are down a little; staff is talking about combining business membership
with sponsorship; concert subscriptions are up. Walk-up attendees are down. Next
Saturday the new season will be posted. We are working to get involved with more
community projects, such as the TC Jazz Festival the third Sunday in June if we can get a
j grant. It would be good to get a"big name" concert on Raspberry Festival Saturday night
� as tying a community event and a concert would result in much more press coverage.
� Mr. Getschow asked if that would conflict with the street dance. Mr. Brausen said if
done right, they would complement each other. Answering Mayor Maxwell, Mr.
Strachota said Raspberry events would be mid-stage. Ms. McLean is working on getting
performers who need to fill spots on a tour so we can get them cheaper. Answering Ms.
Youakim, he said a list of local caterers is supplied to people doing events in the Center.
Mayor M�well said the plans are a good start, but more excitement needs to be
generated. Mr. Brausen noted programming has improved. Now it needs to be expanded
to a new kind of audience. He still feels a"ticket tax" would be a good revenue source.
Mr. Getschow added alternative funding is essential, especially with the economy
slowing. Answering Mr. Rowan,lVlr. Strachota said Ms. McLean gets a fee for brokering
talent and also does some advertising for the Center. ;,,
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• Apri122, 2008
Page 3
Fifth Avenue Flats Project
. Ms. Elverum said questions have been raised about using Dan Wilson and sharing
information. There is no agreement on price. The Met Council says if Hopkins uses �
condemnation, they would withdraw their money. Hennepin County would not, but we
need to apply by May 1. She feels the withdrawal of the Met Council would not end the
project as the original developer had used high estimates for clean-up costs. The
resolution passed at that time is still good so we can meet the May 1 deadline.
Ms. Elverum gave Council members an outline of points to cover when asked
questions by residents. Answering Council questions, Ms. Elverum said staff thinks Park
Plaza meets code requirements. Mr. Getschow will check if it meets all requirements for
apartments. Attorney Dieke noted LHB made findings when they did the TIF District.
The state has redefined "blight" since the project started. Answering Mr. Rowan, Mr.
Dieke said "highest and best use" and "key property" are standard phrases in appraisal
work. Answering Ms. Youakim, Mr. Dieke said he would look into the comp plan to see
if it could have language that would help.
General consensus was to make an offer May 6; if it is rejected, a public hearing
could be held May 20. Answering Mayor Maxwell, Mr. Dieke said his office has kept
the other attorney fully informed. He also directed Mr. Dieke to confer with the co-
attorney before implementing anything. _
Ms. Elverum said the owner of 525 Mainstreet is "entrenched," and an offer needs to be
made there also.
Fuel Purchase Discussion
. Public Works Director Steve Stadler said Hopkins buys its fuel through a state
contract. We are not signatories, but are allowed to buy through it, just as we do for
much of the city equipment. Mayor Maxwell said since fuel is such a big ticket item, the
Council wanted to know how it is handled. Mr. Kerber noted the price changes daily.
Answering Mr. Rowan, he said same-day delivery happens only 20% of the time, so the
price may be different on the day other loads are delivered. He has to balance the city's
need against the load delivery the company wants. Rick Getschow noted Minnetonka
gets their fuel independently. Mr. Stadler said he will get comparisons on the prices
charged for on- and off-contract loads.
Cat Ordinances
Mr. Getschow said at present Hopkins has no cat ordinance. Mr. Rowan
commented if the cat owner is responsible, a letter from the city should be enough to
settle problems. Mayor Maxwell said such a letter could be done under city policy,
which wouldn't need an ordinance. Ms Youakim said she feels this would be an
ordinance in search of a problem. Mr. Brausen asked what the minimum needed is to do
the job without hiring staff. Mr. Getschow said it would be to establish policy rather than
ordinance. Mayor Maxwell noted there is a limit on number of pets allowed already in
place. General Consensus was to not pursue an ordinance. Mr. Getschow will put a
sample letter in the next update packet.
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Apri122, 2008 '
Page 4
Other u
Ms. Youakim asked if anyone planned to attend the League of Minnesota Cities ��
annual conference.
She asked if we licerise check-cashing businesses. Mr. Getschow said Hopkins
has none; the one nearby is a Minnetonka business.
Mr. Brausen said has tried before to get a good definition of "capacity," and has
been unable to do so. Mr. Getschow said he has already put that on his list of topics for
work sessions. Mr. Brausen added concerts are going well, as is Stages. What else can
be plugged in?
Mr. Rowan said the fire alarm going off during opening night was a huge success.
The fire trucks were there in 5-7 minutes, the exit plan went well, the audience applauded
the actors when the play resumed.
On motion by Ms. Halverson and second by Ms. Youakim, the meeting adjourned
at 10:10 p.m. on a vote of 5-0.
Kasey Kester, Secretary
COUNCIL MEMBERS:
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ATTEST: i
Eugene J. Maxwell, Mayor
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