HomeMy WebLinkAbout11-13-2012 Council Minutes � �
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan,Council Members Cynthia Bremer,Doug Franchot,Aaron Printup,and David Rahn.
Representing Staff were Finance Director Ron Olson,Assistant City Administrator of Long-Term
Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, City Engineer/Public Works
Director Jesse Struve, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
Item Nos. 7, 9, 10, 11, 12, 13, 14, and 16 were added to the Consent Agenda.
Printup moved,Franchot seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. COUNCIL WORK SESSION OF OCTOBER 22,2012
Printup moved,Franchot seconded,to approve the minutes of the Orono City Council work session
of October 22,2012,as submitted. VOTE: Ayes 5,Nays 0.
*3. REGULAR COUNCIL MEETING OF OCTOBER 22,2012
Printup moved,Franchot seconded,to approve the minutes of the Orono City Council meeting of
October 22,2012,as submitted. VOTE: Ayes 5,Nays 0.
*4. SPECIAL COUNCIL MEETING OF OCTOBER 29,2012
Printup moved,Franchot seconded,to approve the minutes of the Orono Special City Council
meeting of October 29,2012,as submitted. VOTE: Ayes 5,Nays 0.
PRESENTATION
5. EAGLE SCOUT PROJECT—THOMAS LONGE
Thomas Longe addressed the Orono City Council regarding his Eagle Award project. Longe stated he
would like to construct a Veteran's Memorial that would be located in the grassy circle area right in front
of Orono City Hall. The memorial would commemorate all veterans,past and present,who have served
to keep this country free. The memorial will help bring about awareness within the Orono community of
the veterans who have served from the area.
Page 1 of 11
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(S. EAGLE SCOUT PROJECT, Continued)
Long noted that he chose to do this project because Orono currently only has a World War memorial and
that he would like to recognize all veterans.
The memorial will consist of a reflection bench;a plaque with a quote on it; five flag poles, one for the
Army,Navy,Air force, Coast Guard,and Marines and colored landscaping glass in the inner circle by the
American flagpole. The color purple represents sacrifice, which is the reason it will be used in the
display.
Longe depicted pictures of the proposed layout and plaque design including five symbols of the various
branches of the military and the language"In Honor of Those Who Serve." The plaque would be 24"x
12"and made of bronze. The projected cost of the plaque is $749.00. Longe indicated he would be
willing to consider other options if the City Council would like different wording on the plaque or a
different design.
Possible funding sources include Outdoor Excapes, who has offered to donate one or two granite boulders
that can be used as sitting stones and/or a mount for the plaque. They have also offered the use of heavy
equipment where needed. Longe indicated he is also in the process of speaking to other local businesses
and service organizations and would solicit additional community donations via an article in the Pioneer
Press, Sun Sailor,and/or Minnetonka Patch. The total cost of the project is approximately$3,500.
Longe noted here would be no cost to the City for the construction of the project.
Longe stated he would like to commence construction early next summer,with the removal of trees and
bushes,the installation of flagpoles, landscaping glass, sodding,and the plaque. The area would serve as
a reminder to the people who visit City Hall of the sacrifice all veterans have made for America and
would add more color and create a more attractive entrance.
Mayor McMillan thanked Thomas Longe for his presentation.
Printup indicated he is okay with the project but that he has a concern with the removal of the trees.
Printup asked whether the trees have any significance to the City.
Gaffron stated he is not aware of any significance for the trees and they are probably there merely for
landscaping purposes. Gaffron noted the trees have started to push out into the sidewalk area and will
possibly become too large for that area at some point in the future. Gaffron indicated he is not opposed to
removing them.
Bremer stated she likes the proposal and that it would be an improvement over what currently exists.
Bremer indicated she is also supportive of the bench and that she agrees the veterans should be honored.
The biggest concern would be the five smaller flag poles and the closeness to the building. The City
would also have to incur the cost far flag maintenance after the flags are installed. Bremer stated the City
will have to acknowledge that they will incur a small cost for flag upkeep.
Longe indicated the smaller flag poles would be 15 feet tall,which is a little over half of the height of the
American flag pole. The flag poles would fly the flags of the various military branches. Longe indicated
he has not looked at what type of material the flags would be made out of.
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� MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(S. EAGLE SCOUT PROJECT, Continued)
McMillan commented she would like some landscaping in that area and that she would prefer to have
something that is less industrial looking rather than the five smaller flag poles. McMillan stated the City
could perhaps come up with some ideas for what could go in the area in place of the flag poles and work
with him on an alternate design.
Franchot concurred the flags may be too overwhelming and suggested that some thought be given to the
inclusion of plaques in place of the various flags. Franchot stated he assumes the United States flag
would fly the highest. Franchot stated conceptually it is a very nice touch.
Printup stated to his recollection the World War 1 memorial was put in place sometime in the 1930s.
Gaffron stated that is possible and that it was relocated here when this city hall facility was constructed.
McMillan recommended the plaque for the World War I veterans also be refurbished.
Struve indicated he did not necessarily talk about refurbishment of the plaque itself but that it is
something that can be discussed and is probably relatively easy to do.
McMillan asked whether there will be any rust accumulation on the colored glass.
Struve indicated they can look at the placement of the sprinkler heads to maybe minimize what they spray
on.
Franchot asked whether Mr.Longe would be doing most of the manual labor.
Longe indicated he would likely be recruiting other scouts from within his group to help with the work.
McMillan encouraged Mr.Longe to work with Staff on the project.
Struve indicated Staff will bring back their recommendations on the project at some point in the coming
months.
Bremer commented it appears the City Council is supportive of some type of design for that area.
The City Council took no formal action on this item.
LMCD REPORT—ANDREW McDERMOTT,REPRESENTATIVE
McDermott reported the water level of Lake Minnetonka was at a 10 or 12 year low and is currently at
927.4. A water level of 928.25' is the normal,which means it is approximately three-quarters of a foot
low.
The LMCD has been working on the La1ce Minnetonka Vegetative Management Plan. A draft of the plan
has been received from the aquatics committee at the last board meeting,which is the first step in the
process. The aquatics committee primarily looked at curly leaf pond weed and milfoil which, in their
opinion,they feel they can somewhat control. At the present time there really is no way to control zebra
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NIINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(LMCD REPORT, Continued)
mussels and some of the other invasive species that could be coming to the lake in the future. McDermott
noted the plan can be amended to address those other species if it becomes necessary.
The three bay, 5-year, study on the chemical treatment has been completed. Overall the project was
relatively successful and has controlled the milfoil to a point. The vegetative management plan would
consist of a combination of chemicaUherbicide treatment as well as harvesting. The committee has
assessed all the bays and determined which bays would be suitable for chemical treatment and which bays
would be suitable for harvesting.
The LMCD will be holding a public meeting on the plan sometime in December and public comment will
be allowed. Part of the plan will require an additional contribution from the City of Orono if adopted.
Currently Orono pays,along with the City of Minnetonka,the highest percentage of the LMCD budget.
As it relates to the costs for the milfoil eradication portion of the plan and to assist with chemical
treatment,the LMCD is looking at an additional $75,000 from all the member cities. Approximately 20
percent would come from the City of Orono,another 20 percent from the City of Minnetonka,and the
balance would be paid by the rest of the cities. The LMCD is also looking at an assessment to fund the
capital equipment fund,which was depleted with the purchase of the new harvester. The fund balance is
currently at zero. Given the age of the harvesters,the LMCD will need to look at replacement of some of
the harvesters in the next few years. The total special assessment among all the cities would be $25,000.
McDermott noted the LMCD has not voted on the plan at this point and will be discussing it further at
their meeting next week.
McMillan stated it sounds like the harvesting will incur approximately the same costs as it has in the past
and that the chemical treatment would be an additional cost.
McDermott stated the ha.rvesting is good for navigation areas and that the chemical treatment is done on
different bays. McDermott stated it appears that treahnent will need to be done every other year or every
third year.
McMillan asked if the chemical treatment will be done throughout the different bays of Lake Minnetonka.
McDermott stated there is a matrix that has been created and the committee selected the bays that would
benefit the most number of residents. The committee arrived at five or six bays that made the most sense
to treat.
Franchot asked if the plan includes money for new treatment of aquatic species such as weevils.
McDermott indicated it primarily addresses the harvesting of milfoil and chemical treatment. The plan
could be modified or adapted as other aquatic species increase in the area bays. The weevil study is still
being undertaken.
McMillan requested McDermott contact the City Council with any new information on the plan and
assessments following their next meeting. McMillan asked when the City should provide input on the
plan.
McDermott indicated those discussions will likely occur in January or February.
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� MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(LMCD REPORT, Continued)
Rahn asked if there has been a shift in the goal for removing aquatic vegetation. Rahn noted the LMCD's
concern initially revolved around the navigation areas and that it seems to be evolving into more areas.
Rahn asked if the chemical treatment is more for the shorelines.
McDermott indicated the chemical treatment is still done 100 feet from the shore. Any chemical
treatment near the shore would be up to the homeowners.
Rahn noted the milfoil problem has gotten worse over the past 10 years and that a lot of the homeowners
want the harvesters to come in closer to the shore. Rahn stated in his view the treahnent has expanded in
the past few years as more homeowners become interested in it.
McDermott indicated there is a good amount of interest among the lake properties that would like the
chemical treatment. McDermott noted the LMCD and the homeowners will still need to raise money for
the chemical treatment. McDermott noted$75,000 for the chemical treatment was allocated out of the
Save The Lake Fund.
McMillan asked which entity will monitor the plan.
McDermott stated there has been a fair amount of discussion over who would be overseeing the project
but that no final decisions have been made at this point.
McMillan noted the Army Corps of Engineers did monitor the chemical treatment at no cost but that they
will not be continuing that service.
McDermott stated the Army Corps of Engineers will attempt to monitor it somewhat but that if the
treatment area expands,they will not be able to monitor all of it. The LMCD also cannot afford to hire
monitors. McDermott indicated there are still some issues that need to be discussed prior to the plan
being implemented.
McMillan asked if the LMA would be willing to do that at no cost.
McDermott indicated that discussion has not taken place at this point. McDermott noted he is not able to
attend the December meeting due to work commitments.
McMillan asked if the LMCD has discussed the Minnehaha Watershed District's additional AIS proposal.
McDermott indicated they have not discussed the AIS proposal yet but they likely will be.
PLANNING COMMISSION COMMENTS—LIZZ LEVANG,REPRESENTATIVE
Levang noted the planning applications at tonighYs meeting have been placed on the Consent Agenda.
The Planning Commission has four applications that will be reviewed at their upcoming November
meeting.
Page 5 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
*6. #12-3566 20 ORONO ORCHARD ROAD NORTH—COMPREHENSIVE PLAN
AMENDMENT—RESOLUTION NO.6179
Printup moved,Franchot seconded,to adopt RESOLUTION NO.6179,a Resolution Approving
Amendment#1 of the 2008-2030 City of Orono Community Management Plan. VOTE: Ayes 5,
Nays 0.
*7. #12-3579 JOHN LIEN,2700 SIXTH AVENUE NORTH—PRELIMINARY PLAT—
RESOLUTION NO.6180
Printup moved,Franchot seconded,to adopt RESOLUTION NO. 6180,a Resolution Approving a
Preliminary Plat for the Property Located at 2700 Sixth Avenue North. VOTE: Ayes 5,Nays 0.
8. INTERIM ORDINANCE REGARDING ACCESSORY USES OR STRUCTURES—
ORDINANCE NO. 96,THIItD SERIES
Mattick stated before the City Council tonight is an interim ordinance or moratorium regarding accessory
uses or structures. The City has been reviewing the definition of an accessory structure contained in their
zoning ordinance and Staff needs some additional time to look at it and see what options are available.
Mattick stated one option would be to list those items that would qualify as an accessory use or structure
or to come up with a better definition in the ordinance that more cleazly defines what would be allowed.
In Staff's view it would be beneficial to place a moratorium on accessory structures to allow time for that
review.
Mattick noted there is a list that spells out specific accessory structures and uses in each of the residential
districts which would not be impacted by this moratorium. In addition,the moratorium would only be
placed on residential districts and would address those items that are not currently on the list. Staff would
like to review the ordinance now when construction is slower and that in their view this issue can be
addressed rather quickly.
Mattick stated Staff's recommendation is to adopt the ordinance and then refer it to the Planning
Commission for review. Staff has already begun their review of the definition and it is likely this can be
brought before the Planning Commission in January. Mattick indicated Staff would like to bring this item
back before the City Council in early spring.
Printup asked what is on the list.
Mattick indicated the list is different for each of the residential districts. There are nine residential
districts and Staff has specifically listed the sections in each of those districts that are not affected by the
moratorium.
Printup asked if someone would like to build a garage,whether the moratorium will impact it.
Page 6 of 11
� 1VIINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(8. INTERIM ORDINANCE REGARDINGACCESSORY USES OR STRUCTURES, Continued)
Mattick stated it will not impact building a garage.
McMillan recommended the interim ordinance and lists be placed on the City's website.
Printup asked if other cities have a broader scope of items that are allowed.
Mattick indicated it depends on the community. More communities than not have gone to a list but then
have spent some time defining what an incidental structure is and separating that out from an accessory
use or structure. The City's definition currently encompasses both.
Franc6ot moved,Rahn seconded,to adopt ORDINANCE NO.96,Third Series,An Interim
Ordinance Temporarily Prohibiting Certain Accessory Structures and Uses.
Bremer stated she understands the Planning Commission does not typically meeting in December and that
she is in agreement the City should move quickly on this item. Bremer asked whether the City has a
process in place to replace Commissioner Levang.
Curtis indicated Staff does have alternates that the City could appoint as a regular commissioner or the
City could advertise for new members.
McMillan asked how many alternates the City currently has on the Planning Commission.
Curtis indicated there are currently three.
Printup asked if the next step is to bring this before the Planning Commission.
Mattick indicated it is.
VOTE: Ayes 4,Nays 1,Printup Opposed.
McMillan requested a press release be placed in the local newspaper regarding this item.
Mattick noted the ordinance will be published in the official city newspaper.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
Struve reported the pavement management plan has been completed and the contractor has finished up all
mill and overlay work last week. Phase two of the Orono Orchard Road project is still in process. The
contractor had experienced a slight delay due to weather. The contractor is scheduled to pave between
Fox Street and County Road 15 in the near future. The road will still be closed due to safety concerns
over people making a left-hand turn on to County Road 15. The contractor will also be utilizing the area
as a staging area for their equipment.
McMillan asked if the City has received any complaints on the work.
Page 7 of 11
MINUTES OF THE �
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT, Continued)
Struve indicated he has received a few complaints from some of the homeowners on Dickenson regarding
traffic speeds but that overall he has received very few complaints.
*9. REQUEST FOR PAYMENT FOR CRYSTAL BAY PLAYGROUND EQiTIPMENT
Printup moved,Franchot seconded,to approve the Pay Request to Landscape Structures in the
amount of$22,338.90 for the Crystal Bay Park Project. VOTE: Ayes 5,Nays 0.
*10. PAY REQUEST NO.4—ORONO ORCHARD ROAD RECONSTRUCTION PROJECT
Printup moved,Franchot seconded,to approve Pay Request No.3 for the contractor Minger
Construction,Inc.,in the amount of$348,159.01 for the Orono Orchard Road Reconstruction
Project. VOTE: Ayes 5,Nays 0.
*11. MUNICIPAL STATE AID (MSA)BOND FUND DEDICATION
Printup moved,Franchot seconded,to dedicate the existing MSA Bonds to Willow Drive. VOTE:
Ayes 5,Nays 0.
Printup moved,Franchot seconded,to accept Bolton & Menk's proposal for a topographic survey
of Willow Drive. VOTE: Ayes 5,Nays 0.
MAYOR/COUNCIL REPORT
Rahn congratulated Kristy Anderson and Lizz Levang on their election to the Orono City Council.
McMillan noted that she,Doug Franchot, and Mike Gaffron attended the LMCC meeting last week when
the build-out was discussed. Mike Gaffron assembled a map on what areas are left to build out and the
density in those areas. McMillan stated this will be one of the bigger issues that will need to be dealt with
by the City Council next year and that the City needs to stay on top of it. McMillan commented this is an
opportunity to expand service throughout the area.
Franchot stated there is a considerable amount of work going on behind the scenes regarding the build-out
and that as the LMCC goes into the next year,the actual negotiations will begin.
McMillan reported the city assessor is looking at property values being down 2.5 to 3 percent for 2014.
Franchot noted the newspaper talked about significant increases.
McMillan noted that was not a final number that was listed in the paper.
Olson pointed out that the valuations are always a year behind the market.
Bremer asked if there was a big difference in valuations between residential and commercial.
McMillan stated to her understanding there was approximately a one percent difference between the two.
Page 8 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(MAYOR/COUNCIL REPORT, Continued)
Olson stated the truth-in-taxation notices will probably be going out this week and that he can provide
updated information at the end of the week.
McMillan stated in her view a spreadsheet of all the actual sales for the year would be easier to review.
CITY ADIVIINISTRATOR'S REPORT
*12. ACCEPT DONATION—RESOLUTION NO. 6181
Printup moved,Franchot seconded,to adopt RESOLUTION NO.6181,a Resolution
Acknowledging a Donation from Gina J.Paulucci. VOTE: Ayes 5,Nays 0.
*13. ACCEPT DONATION—RESOLUTION NO. 6183
Printup moved,Franchot seconded,to adopt RESOLUTION NO.6183,a Resolution
Acknowledging a Donation from Gear West Ski and Run. VOTE: Ayes 5,Nays 0.
*14. NON-WAIVER OF TORT LIMITS—RESOLUTION NO.6182
Printup moved,Franchot seconded,to adopt RESOLUTION NO.6182,a Resolution Making a
Selection Not to Waive the Statutory Tort Limits for Liability Insurance Purposes. VOTE: Ayes 5,
Nays 0.
15. UTILITY RATE DISCUSSION
Olson stated at the last City Council work session there was a discussion about utility rate changes for
2013 and that overall the Council agreed with the recommendations except for the 4 percent increase in
the sewer fee. The City's major expense charged by the Metropolitan Council will be decreasing in 2013.
Olson stated he anticipates the entire fee schedule will be ready by the next City Council meeting.
Olson stated one of the outstanding questions is the establishment of a flow based sewer rate for
properties that are served by the Long Long/Wayzata sewer system. Changing to a flow based system
would eliminate the operating loss for those properties. Another option would be to change the billing for
only Calvin Church. The other issue relates to the 72 properties serviced by Wayzata. Currently
residential properties being served by Wayzata are billed an amount ranging from a low of$32.52 to a
high of$563.93. All of these properties are billed$118.67 by Orono. A flow based rate structure based
on the metered amount of water that is used could eliminate the operating losses on those properties.
Olson noted Wayzata will not be finalizing their fees until early next year.
McMillan asked how the City Council feels about increasing the City's utility rate.
Printup asked when the last time the sewer and water rates were increased.
Olson indicated they were increased last year and that generally the City increases the fees every year to
avoid a large increase every three or four years.
Page 9 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(15. UTILITYRATE DISCUSSION, Continued)
Printup noted the City Council discussed at the work session cutting the sewer rate increase from 4
percent down to 2 percent and asked if that would keep the City's expenses on an even keel with the
revenues.
Olson stated it would basically keep the City even since the Metropolitan Council charges are decreasing.
Olson stated in his view the City would do fine with an increase of 2 percent but that if the City Council
wanted to plan for future capital improvements,a 4 percent increase would be better.
Printup indicated he is okay with the 2 percent increase for the sewer fee and that he is fine with the other
percentages being proposed.
Olson stated as it relates to enterprise rates,there was not much discussion at the work session about the
10 percent and that there was some discussion about whether the City needs to complete all the projects
listed in the CIP.
McMillan noted the City is not yet mandated on storm water projects and the storm water fund is
relatively new since it was started in approximately 2002.
Franchot asked if the City has any sense on when some of those storm water projects would get
mandated. Franchot stated if it is going to be within the next three to five years, it is more important that
the fund be supplemented now.
Gaffron indicated he is not aware of the time frame but that it is probably going to be more likely five to
ten years rather than three to five.
McMillan stated CIP planning helps give the City some guidance on possible future costs. McMillan
indicated she is okay with the increase in the water charges but that she would like to see the sewer
increase only 2 percent. McMillan indicated she does receive a few phone calls regarding the sewer rate
and that the City should be mindful of the costs.
McMillan stated she personally would like to see the storm water fund increase by only 5 percent rather
than 10 percent. The City currently pays the Minnehaha Watershed District approximately half a million
dollars a year,which is another entity the City could go to for financial assistance with various projects.
Printup asked if she is agreeable with the 6.5 percent increase in the water rate.
McMillan indicated she is due to the issues the City faces with maintaining the system. McMillan noted
that maintenance of private wells is also fairly expensive and that in her view the City's water charges are
reasonable.
Bremer indicated she is fine with the 2,4 and 5 percent increases.
Franchot asked if Staff has a sense of the range on the Wayzata customers
Olson stated a reading could be done at the end of the year to determine their usage. Olson noted at the
present time approximately 45 percent of Orono residents have water meters.
Page 10 of 11
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 13,2012
7:00 o'clock p.m.
(1 S. UTILITYRATE DISCUSSION, Continued)
Bremer stated in her view there is justification for looking at perhaps going to a metered system for
Wayzata customers.
McMillan stated the rate could also be based on the number of bedrooms in a home and would not require
the installation of ineters.
Olson noted the Council will formally adopt the utility rates in a couple of weeks.
It was the consensus of the City Council to increase the water fee by 6.5 percent,the sewer fee by 2
percent,and the stormwater fee by 5 percent.
*16. ESTABLISH RECYCLING ENTERPRISE FUND
Printup moved,Franchot seconded,to approve the establishment of the Recycling Enterprise Fund.
VOTE: Ayes 5,Nays 0.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
*17. LICENSES&PERMITS
None
*18. BILLS
Printup moved,Franchot seconded,to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
ADJOURNMENT
Franchot moved,Printup seconded,to adjourn the Orono City Council meeting at 8:14 p.m.
VOTE: Ayes 5,Nays 0.
ATTEST:
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Lmda S.Vee, City Clerk Lili Tod McMillan,Mayor
Page 11 of 11