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HomeMy WebLinkAbout06-11-2007 Council Minutes10 r iI MINUTES OF THE ORONO CITY G�OUNCIL MEETING Monday, �une 11, 2007 • 7:00 o clock p.m. U • ROLL The Council met on the above mentioned date with the following members present: Mayor Jim White; Council Members Jim Murphy, Lili Mcillan, Cynthia Bremer, and David Rahn; City Attorney Soren Mattick; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Evelyn Turner; iCity Engineer Tom Kellogg, and Recorder Kristi Anderson. Mayor White called the meeting to order at 7:00 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve /Amend Items 11, 12, 13, and 15 were added to the Item 14, Introduction of the Police Chief was Murphy moved, Bremer seconded, to Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Murphy moved, Bremer seconded, to VOTE: Ayes 5, Nays 0. 14. APPOINTMENT OF POLICE CHIEF Agenda. top the top of the agenda. the Consent Agenda as amended. Vote: Ayes 5, Y 29, 2007 ,i the Minutes of May 29, 2007, as submitted. Mayor White introduced the new Police Chief Coney Farniok, pointing out that Orono's own interim Chief was found to be the best candidate for the job. Not only had the Orono City Council come to this consensus, but White acknowledged that many Mayors from surrounding communities felt the same way. He asked if members of the ouncil had any comments to add. Murphy pointed out that, of the impressive list of 60 applicants throughout Minnesota, as well as those identified as the top 10, Farniok proved to be the best candidate and had exhibited impressive dedication to the community. Rahn stated that he appreciated Famiok's efforts exhibited within the community. Bremer, an employment law attorney, indicated that she found it heartening that after having executed an outside search for the City, they ended up discovering the best candidate was within their own Department. McMillan stated that she was proud to appoint F iok as Chief and commended him on his devotion to Orono. PAGE 1 of 12 . ^r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. • (I4. APPOINTMENT OFPOLICE CHIEF, Continued) Bremer moved, Rahn seconded, to appoint Correy Farniok to the Police Chief position effective June 12, 2007, with a salary of $87,900, which is step 3 of the Level 9 pay range in the Supervisory /Administrative salary schedule. VOTE: Ayes 5, Nays 0. Administrator Moorse swore in Police Chief Farniok. Chief Farniok thanked the Council for their comments indicating how rewarding it was to be appointed the top position as Chief, having begun his career as an intern at Orono years ago. PLANNING COMMISSION COMMENTS — TESS RICE Rice stated that she had nothing to report, but would remain for questions. PUBLIC COMMENTS Long Lake Mayor Gilbert applauded the appointment of Chief Farniok as Orono Police Chief and thanked the City for including Long Lake in the search process. ZONING ADMINISTRATOR'S REPORT 3. ' #07 -3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN • MILBRATH, 1404 BALDUR PARK ROAD - VARIANCE John Vogstrom, of Vogue Homes, was present. Turner reported that the applicant was requesting the following variances to construct a new house: a lot area of .28 acre when .5 is required, a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0 -75 foot zone when none is allowed, 43.8% hardcover in the 75- 250 foot zone when 25% is allowed, and to not maintain an elevation of 931.5 for 15 feet from the perimeter of the house. Turner pointed out that the Council tabled the application on May 14 and directed the applicant to revise the proposal to eliminate the height variance and resolve the drainage issues. She noted that revised house plans had been submitted that eliminate the height variance, which was accomplished by changing the type of roof from a gable to a gambrel (barn), reducing the ceiling height of the first and second floors and lowering the floor elevation of the first floor living space. Turner pointed out that the defined height is now 30 feet. In addition, Turner indicated that a revised grading plan was submitted but was not acceptable to the City Engineer. The Planning staff recommendation included granting the lot width, lot area, grade adjacent to structure variance, and hardcover in the south 0 -75 foot zone as requested and a hardcover variance for the 75 -250' zone as determined by the Council. Mayor White asked why the application had returned to Council without the complete drainage plan as directed at the previous meeting. PAGE 2 of 12 • LJ • OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o' clock p.m. (3. #07 -3266 VOGUE HOMESONB. 1404 BALDUR PARKROAD, Continued) Turner stated staff wanted the Council to consi( nor the hardcover had changed. Turner noted f be given. Rahn expressed his surprise that the gambrel John Vogstrom, applicant's representative, st by the Planning Commission, he questioned demo permits, and City code, the applicant is of hardcover, which they felt they had compI OF KAREN AND BENJAMIN MILBRA TH, the new building plan since neither the footprint the applicant had requested that more direction met the cities definition of the half story. i that having followed the guidelines as provided .t problems persist. He indicated that based on his owed 15% or 1500 sf. structural cover and 3000 sf. with. Although he had not attended the previous City Council meeting, Vogstrom questioned how the drainage plan could not meet the City Engineers approval, acknowledging that this is a difficult property with regard to drainage. He explained that, in his engineer's estimation, the proposed 6" drain pipe following the 6" incline should be adequate. Murphy questioned the height of the proposed berms on either side of the property and believed the proposed grades of those slopes of 2:1 or 3:1 were too steep for such a narrow lot. Gaffron pointed out that the berms were more Kellogg interjected that 3:1 grades still show particularly at the southwest corner where the will go. Vogstrom suggested that Kellogg meet with that will work. Gaffron stated that, clearly, the survey is not c accurately reflect the flow of water. He reque: to see the grades better and agreed getting the would be a good start. Charles Reid, 1400 Baldur Park Road, pointed c reflect the discussion with regard to the hardcov applicant purchased the property, he questioned previous structure, hardcover, and setback limit addition, Reid questioned at what point the aver being taken at the corner of his home to the con: Reid added that the neighbor at 1412 Baldur P see the hardcover kept to the 25% standard. Mayor White explained that the average properties. a slight swale than berm. in numerous locations throughout the property, rvey arrows incorrectly display where the runoff , Gronberg, to come up with a solution 6sistent within itself, as drainage arrows do not �d the applicant supply the city with a larger survey �o engineers together to discuss the application that the previous Minutes do not accurately As there was a home on the site when the what point the lot became `vacant' and the ms became moot in the proposed calculations. In lakeshore setback measurement changed from of the deck. Road, although he could not attend, wished to ire setback is calculated from the two neighboring PAGE 3 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. • (3. #07 -3266 VOGUE HOMES ONBEHALF OFKARENAND BENJAMINMILBRATH, 1404 BALDUR PARKROAD, Continued) Gaffron concurred, pointing out that in the 1980's the City determined that deck railings more than 6' above grade are considered part of the home structure and should be part of the delineation. Betsy Nusbaum, 3480 North Shore Drive, asked what the difference is between the criteria for a lot with a structure on it as opposed to those that become `vacant'. Gaffron stated that, although a total rebuild or new construction is subject to virtually tougher standards than a remodel project of an existing structure, on a substandard lot it is not unusual to see 40% hardcover on redevelopment projects. Turner noted that the proposed hardcover for the area between the two 0 -75' zones is 43.8 %. Maintaining that a recent home constructed to her west was granted their certificate of occupancy having never completed any grading or even having planted grass to date, Nusbaum asked how the city could ensure that the obligations of final grading have been met on a property, as there are no ramifications if they do not live up to their end of the bargain. Moorse explained that the certificate of occupancy should be used as the final leverage to ensure the owners have met their obligations. Rahn stated that there should be a contingency placed on these types of sensitive properties to • ensure that the certificates of occupancy do not get issued until the drainage and grading is complete. Kellogg agreed that a condition should be added to require an as -built survey be done to ensure the final grading is in general conformance with the application. He acknowledged that inevitably over time some of this tends to change. Turner stated that, as this is floodplain, the City can require that an as -built survey be provided at the time of certificate of occupancy. McMillan suggested that a house plan should be designed around the necessary side yard setbacks, and what constitutes a good swale in order to meet the drainage requirements for the area, since so much hinges on this. Kristi Anderson, 1408 Baldur Park Road, thanked the applicant for bringing the height down and thanked the Council for their consideration of the drainage concerns in the area. She reiterated the need to build in stipulations that the drainage be complete before the certificate of occupancy is issued, since there are three specific cases on the street in which this was not the case. In addition, she asked the Council to keep in mind that Planner Turner's own report acknowledges that the average hardcover in the area is 34 %, despite the 40% on Mr. Reid's property. Mayor White suggested the applicant be more creative in resolving the drainage issues, perhaps consider a cistern system, and even pick up a Fine Home Building magazine to find more small home plan ideas to incorporate into his design. • PAGE 4 of 12 • • ORONO CITY ( Monday; 7:00 o (3. #07 -3266 VOGUE HOMES ONE 1404 BALDUR PARKROAD, Continued) Feeling as if the City is often faced with these Vogstrom was currently building in Orono. Vogstrom stated that he goes to great lengths Murphy stated that this was the third time they applicant to slow down their process before cor o meet planning staff recommendations. Vogstrom stated that he was trying to do the ri� down until the engineers met. He accepted that direction. Mayor White asked the Council if they found Bremer stated that this was not a structural cove the 50' lot and 0 -75' on both sides, she was torr applicant to pull the home back a bit to bring do hardcover should absolutely be under 40% and support. i Vogstrom stated that they could slide the home driveway cover. Bremer stated that sliding the home back 3' OF THE OUNCIL MEETING fune 11, 2007 clock p.m. OF KAREN AND BENJAMINMILBRATH, issues, Murphy asked how many homes improve the neighborhoods he enters. seen this application and encouraged the to Council with incomplete designs that do not thing but wouldn't be able to get the drainage application be tabled but asked for further mass acceptable. -age issue. Although she could find a hardship for by the hardcover figures and encouraged the vn the hardcover numbers. She indicated that the loser to 35% would be a number she could 3' more in order to reduce the hardcover and be a good step in the right direction. Turner stated that approximately 525 square feel would need to be removed in order to meet 35% hardcover. Murphy stated that he did not wish to go down and also concurred that 35 -40% would be an ac other issues being corrected. Jeff Ulku, 1416 Baldur Park Road, reiterated t to 34% according to city staff. He pointed out be urged to redesign the footprint to achieve tl Bremer requested that staff try to compile a i comparison in order to avoid something that road of redesigning this home for the developer table figure, in addition, to the drainage and the average hardcover for the street has been held Lt it would not be inconceivable that the applicant result. ;h estimate of hardcover along this street as a ,i ld be out of wack or unsightly. Murphy moved, McMillan seconded, to table the applicants and City's Engineers an oppor and allow staff to compile hardcover comps fi 0 e application for redesign, in order to allow nity to discuss or resolve the drainage issues, the area. VOTE: Ayes 5, Nays 0. 5of12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. • 4. #07- 3280/# 07 -3281 VOGUE HOMES, 1348 AND 1350 REST POINT CIRCLE - VARIANCES John Vogstrom, of Vogue Homes, was present. Turner explained that the applicant requests a lot area of .33 acre when one acre is required, lot width of 67' when 140' is required; 29% hardcover in the 75 -250' zone when the maximum is 25 %. In addition, Turner noted that more detail on the drainage plan is necessary, as well as, an updated survey for 1350 Rest Point Circle. Kellogg stated that the applicant needs to get all of the details in order before the City or Engineers can move forward on this and all applications in general. He acknowledged that more checks and . balances must be in place at the Council level before moving things forward which require the building inspectors in the field to be responsible for making split second decisions. He noted that if the two applications are being approved together, he would need a survey for 1350 which would ensure that the grading along the lakeshore is similar to that on the other lot so that they do not drain onto the adjacent property. Turner noted that staff had just received the comments with recommended changes. Vogstrom stated that he needs information returned in a more timely fashion if he is to address the comments at the meeting. Kellogg acknowledged that these are the types of problems that are encountered when everything is • not reflective of the final plans in the field. Denny Walsh, 1354 Rest Point Circle, stated that similar to the previous application, the applicant must be careful of the drainage plans and the issues this design might create. He also pointed out that due to the lack of a hardship here, 25% hardcover should be the rule, and he cautioned the Council from setting a precedent of 29% for the neighborhood. Deanne Alterulfer, 1342 Rest Point Circle, stated that water is an issue here as well. She pointed out that the home on the other side of her is also for sale and what ever precedent is set here will likely be applied to that parcel as well. She commended the Council for their goals to limit hardcover and obtaining complete information before making any decisions and asked for the same consideration in this case. Turner asked the Council's opinion on the shared driveway scenario. Vogstrom stated that a shared driveway would allow them to direct water between the two homes otherwise, he could go back to separate driveways and see what the hardcover numbers do. Rahn stated that he was not a proponent for shared driveways and the problems they often create down the line. He believed the applicant would lose some hardcover and have better drainage options if the driveways were separate. Mayor White stated that he saw no hardship warranting a hardcover over 25 %. • PAGE 6 of 12 ORONO CITY C Monday,' • 7:00 0 • (4. #07- 32801# 07 -3281 VOGUE Continued) Bremer moved, Murphy seconded, to table drainage plans and separate surveys, redes reduction in hardcover. VOTE: Ayes 5, Na *5. #07 -3286 CRAIG OLSON, 4775 RESOLUTION NO. 5627 OF THE OUNCIL MEETING fune 11, 2007 clock p.m. 1348 AND 1350 REST POINT CIRCLE, e application in order to obtain complete i of separate driveways with the purpose of a 0. TH SHORE DRIVE — VARIANCES - Murphy moved, Bremer seconded, to approve RESOLUTION NO. 5627, a Resolution granting variances and an Encroachment Agreement for the property located at 4775 North Shore Drive. VOTE: Ayes 5, Nays 0. 11 6. #07 -3287 THOMAS WEBBER, 3559 ZYRIC AVENUE — SKETCH PLAN The applicant was not present. Gaffron stated that, for the record, the applicant has not responded or commented to any contact made by the City. Murphy stated that he believed staff's recomme: rationale would go any further as to offer the ap could proceed. Attorney Mattick stated that if the Council taken that would be sufficient. The Council came to a general consensus that tl subdivision cannot be approved based on the pr approved because there is no sufficient basis on legally be granted. *7. #07 -3288 MICHAEL WENGER, RESOLUTION NO. 5628 to be on point and questioned why the a suggestion. He asked how the Council to a consensus saying that there is no action to be 'e is no action to be taken as the proposed isions of the City codes, and should not be hich to claim hardship for a variance if one could FOX STREET — VARIANCE — Murphy moved, Bremer seconded, to approve RESOLUTION NO. 5628, a Resolution granting a variance allowing additions to be constructed to two accessory buildings subject to the standard covenants for the property located at 2420 Fox Street. VOTE: Ayes 5, Nays 0. #07 -3289 PRC DEVELOPMENT PLAN Susan Seeland of PRC Development Company p Road 6 and Homestead with the help of Roland Aberg explained that six lots would be clustered quarter acre sites with the remaining 18 acres put owned by the homeowners association. 2940 SIXTH AVENUE NORTH — SKETCH ed a sketch plan for the corner of County of Hart/Howerton. n respect of the wetlands and woodlands on three - into a permanent conservation easement and PAGE 7 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. • (8. #07 -3289 PRC DEVELOPMENT CO., 2940 SIXTHA VENUE NORTH, Continued) Seeland stated that the conservation easement would cover the wetland, not necessarily the entire woodland area, as a portion of which might be designated for a neighborhood amenity. She indicated that she had spoken to Evan Everson of the MCWD, who had expressed an interest on behalf of the MCWD to renourish the wetland area. In an attempt to nestle the homes into the landscape and maximize outdoor living integration, Seeland stated that they hoped to situate the homes with 40 foot separation on one side and 20 foot on the other. In an effort to embrace the goals of low impact development, Seeland stated that rain gardens, NURP ponds, and naturalized plantings would be utilized. Aberg pointed out that the homes would be dropped lower along County Road 6 to create a berm in order to mitigate the sightlines of the hockey arena across the street. Seeland continued pointing out that the proposed septic would include three different locations, the northern edge would utilize drip irrigation system, though not always as reliable as necessary in northern climates, a pressurized mound system would be added, as well as, a multi -flow system. Murphy stated that he has issue with the waste water proposal and would prefer to see a demo site at some point to see if this actually works. Seeland asked if the City might be willing to pursue this and investigate whether this would be an option for this site. . McMillan stated that sewering this parcel would really scare her and believed that investigating this system would be a bold step for Orono. Mayor White stated that the Council would be willing to listen to a presentation and suggested they set up a meeting with staff and Engineer Kellogg. Rahn stated that he had listened to the presentation given to the Planning Commission and felt it was very well done and thought out thus far. He encouraged the applicants to put a presentation together. *9. #07 -3291 COX CONTRACTING FOR PAUL AND LAURA EKHOLM, 2606 WEST LAFAYETTE ROAD — VARIANCE — RESOLUTION NO. 5629 Murphy moved, Bremer seconded, to approve RESOLUTION NO. 5629, a Resolution granting hardcover variances in order to construct an addition to the existing home in place of an existing covered entry for the property located at 2606 West Lafayette Road. VOTE: Ayes 5, Nays 0. 10. #07 -3298 875 WBW LLC., DAVID CARLSON, 875 WAYZATA BOULEVARD WEST — FINAL PLAT /GENERAL DEVELOPMENT PLAN/RPUD REZONING /CMP — ISSUES DISCUSSION David Carlson, of WBW LLC, and Chris Huntley, of Landform Engineering, were present. • PAGE 8 of 12 OF THE ORONO CITY COUNCIL MEETING Monday,'`June 11, 2007 • 7:00 o'clock p.m. • �J (10. #07 -3298 875 WBW LL C, DAVID Continued) Gaffron explained that the developer has deter Long Lake and Orono, he would be proceedin services. The existing Wayzata lines end appr, Works site on Old Wayzata Boulevard. Gaffr( those lines along the northeast side of Highwa and water system, except for individual house operated upon completion. 875 WAYZATA BOULEVARD WEST, tined that absent a final sewer agreement between to work with Wayzata to obtain sewer and water ximately at the entrance to the new Wayzata Public 1 noted that the developer is planning to extend 12 onto the 875 WBW property. The entire sewer connections, would become City-owned and Gaffron pointed out that a variety of issues are "associated with this project, several discussed as follows: 1) The issues of local sewer and water connection charges. 2) The owner of the Montessori School could benefit from the water and sewer connection as an alternative to replacing his septic system. Specifically, the City must also address how MUSA might interpret the property. 3) A water and sewer agreement between Orono and Wayzata must be established. 4) As well as other minor issues for consi eration. Murphy interjected that he did not wish to attach the Montessori school to the application if it messes up the legwork done thus far for the applicant. Gaffron stated that the current Myrtlewood development would be retro -fitted to join the service provider; however, the Montessori might be reviewed and guided for 3 units per acre development should the Montessori go away. .I Murphy stated that he did not feel the Council should insert this into the development agreement with this applicant and urged staff to make an informal inquiry thru city contacts to see where or whether a formal inquiry is necessary. Gaffron noted that the site is uniquely situated Wayzata. He indicated that he would make an Murphy urged staff to relay the numerous pi recent years and perhaps someone will have McMillan stated that the City must decide at location. Gaffron stated that there could possibly be two the Luce Line trail, Highway 12, and inquiry and see what happens. the owner of the Montessori has faced over lathy for his situation. e point what ultimately it would like to see at this made of this site. Bremer stated that she would not feel comfortable committing in advance to what sort of density we might be comfortable with down the road for? this location. She asked whether the agreement with Wayzata had been commenced. Moorse stated that he had just provided a proposed agreement to Wayzata. PAGE 9 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. (10. #07 -3298 875 WBW LLC., DAVID CARLSON, 875 WAYZATA BOULEVARD WEST, Continued) Murphy commented that both Long Lake and Orono felt it made the most sense to have the developer connect to Wayzata water and sewer. McMillan stated that if the Montessori wishes to connect to the water he must incur the costs to do so from Wayzata. Murphy pointed out that the sewer connection might be a little different. Gaffron pointed out that the developer had questioned whether they should incur all of the costs associated with creating this sewer system if it serves others along the way. Murphy stated that it is policy that the developer must pay to get the sewer to where they need it to be and others often choose to hook up later. Carlson stated that he would like to see an agreement put together to share the costs with the others who wish to connect, say 10% of the cost is incurred by them. Huntley stated that he had received other comments from Bonestroo this afternoon, which the Council had not been given copies of yet, but they included a recommendation that the retaining walls on the north side be kept to a 3:1 pitch as opposed to the 1.5:1 slope as proposed. Huntley explained that the slope would be naturalized and if it were kept to a 3:1 slope the retaining wall would need to be 8 -9' high near the Luce Line trail and pose a potential hazard and be an eyesore. Murphy stated that he preferred a steeper slope as opposed to the risk created with a big retaining wall and drop off to the road below. Gaffron pointed out that this application had not received any review from Bonestroo earlier, on purpose in the fall, and now the City, as well as Bonestroo, finds themselves playing catch up and creating some new discussions. Huntley stated that going forward they will also be getting some soil samples and looking into ditching grades near the road. Carlson stated that he would like the ability to begin construction on his model as soon as possible. Gaffron pointed out that the City had allowed this with another application once, but not with others. He stated that normally this would not be allowed but this could be discussed. Kellogg stated that he would need to review this request and its impacts more closely prior to making any recommendation. Gaffron indicated that no action need be taken. PAGE 10 of 12 • 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,!June 11, 2007 7:00 O'clock p.m. 1vivxuiv% -ilY l:VU1Vl1LK1�.YUK'1' i Murphy requested that he swap Planning Corm swap. Mayor White thanked the members of the Cow months. CITY ENGINEER'S REPORT Engineer Kellogg had nothing to report. CITY ADMINISTRATOR'S REPORT *11. SCHEDULE ASSESSMENT HEAR EASEMENTS — RESOLUTION NO. 5630 meetings with someone. Bremer agreed to for their assistance during his recovery in recent FOR DAKOTA RAIL, CORRIDOR Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5630 scheduling an assessment hearing regarding the Dakota Rail driveway easement for 7:05 p.m. on Monday, July 9, 2007. VOTE: Ayes 5, Nays 0. *12. REQUEST FOR PAYMENT NO.2 AND FINAL — 2006 SEAL COAT PROJECT • Murphy moved, Bremer seconded, to approve Request for Payment No. 2 and Final for the 2006 Seal Coat Project, in the amount of $6,320.81. VOTE: Ayes 5, Nays 0. *13. 2006 BUDGET ADJUSTMENTS Murphy moved, Bremer seconded, to approve the 2006 budget amendments for the General and Special Revenue Funds pre the staff memo dated June 11, 2007. VOTE: Ayes 5, Nays 0. 14. APPOINTMENT OF POLICE CHIEF Moved to the top of the Agenda. *15. ACCEPT 2007 ENCLOSED TRAILER AND SELL EXISTING TRAILER Murphy moved, Bremer seconded, to accept the 20.07 Haulmark 6 X 10 enclosed trailer from the North Tonka Crime Prevention Coalition VOTE: Ayes 5, Nays 0. Murphy moved, Bremer seconded, to sell by slealed bid the existing 4 X 8 homemade utility trailer. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Mattick had nothing to report. PAGE; 11 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. *16. LICENSES AND PERMITS There were no licenses. *17. BILLS ADJOURNMENT Mayor White moved, Murphy seconded, to adjourn the Orono City Council Meeting of June 11, 2007 at 10:35 P.M. VOTE: Ayes 5, Nays 0. ATTEST: GcJ 'Linda S. Vee, City Clerk Ji White, Mayor • • PAGE 12 of 12