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HomeMy WebLinkAbout2011.01.19 CITY COUNCIL MINUTES1 January 19, 2011 Mayor Richard Woodland Council Members: Christopher Mann – Council President Rex Erickson Donna Benfield Bruce Sutherland Brad Egbert Adam Stout City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 7:00 P.M. City Hall – Pledge to the Flag Rexburg Girl Scouts Service Unit led the Pledge of Allegiance. Pastor Steven Young from the Rexburg Christian Center gave the opening prayer. Pastor Young is also the Principle of Jefferson Alternative High School and he does a great amount of good. Council President Mann asked Pastor Young to pass along his thanks to his congregation for their service in the community. Council President Mann asked the Girl Scouts to introduce themselves as they stood before the Dias. He thanked the Girl Scouts and their leaders for coming. Roll Call of Council Members: Attending: Council President Mann, Council Member Benfield, Council Member Sutherland, Council Member Egbert, Council Member Erickson, and Council Member Stout. Mayor Woodland asked to be excused. Public Comment: on issues not scheduled on the agenda (limit 3 minutes): NONE Presentations: - NONE Committee Liaison Assignments for 2011: A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport Board 1. Ratify new Traffic & Safety Committee members “Virginia Pratt” & “Erick Wills”; replacing Kevin Brady & Graydon Burton. Council Member Stout presented the names of Virginia Pratt and Erick Wills to be ratified to the Traffic and Safety Committee. He felt both of these individuals would add a lot of practical input and dedication. They are both great choices for this committee. Council President Mann asked the City Council to ratify Virginia Pratt and Erick Wills to the Traffic & Safety Committee; Vote to ratify appointment Council President Mann Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson All voted to ratify the appointments. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Meeting January 19, 2011 2 B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee Council Member Egbert had nothing to report. C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic & Safety Committee Council Member Sutherland reported Traffic & Safety Committee met last week. Graydon Burton was thanked for his service over many years. The lighting areas in the city were discussed. The City of Rexburg Website has a link to Rocky Mountain Power; residents can go online at rexburg.org and report street lights that are out of service. D. Council Member Christopher Mann Emergency Services Board · School Board · MYAB Council President Mann reported Emergency Services met. There is a need for more paid-call personnel with the Fire Department and EMS. There is a proposal for better financial compensation for Fire Department help; it will need to be looked at for next year’s budget. MYAB has met twice since the last Cit Council meeting. They will be involved with Snow Fest on the 29th. They helped also with Shop with a Cop. E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg Arts Council · Tabernacle Civic Center · School Board Council Member Benfield met with the School Board. They received a $440,000 grant to add solar panels to the vocational center. It is estimated that the solar panels will save $9,000-$12,000 in energy credits each year. Test scores came back; our School District is 4.4% to 15.2% above State averages for academic test scores. Council Member Benfield wanted to recognize the accomplishments of our Police Detectives. This past week they have caught taggers who have been tagging in related cases for several years. It will make a huge improvement in our community. It also makes a statement that the community will not tolerate tagging (Graffiti). The taggers were responsible for the tagging at the Romance Theatre, as well as the fence by the railroad track. It was a brand new fence that had been hit many times. Council Member Benfield also presented committee reports. The Romance Theatre Committee, the Tabernacle Committee, and the Rexburg Arts Council have all given reports of their accomplishments for 2010, their goals for 2011, and an update on their budgets. She asked to have it on the website for the public to see what these committees are accomplishing. Romance Theatre 2010 Committee Report 2010 was a very exciting eventful year for the Romance Theater Committee. This will be remembered as the year the project really took off January through March was the annual Upper Valley Idol competition. This is a very popular event. Due to a generous donation by Roger and Sybill Ferguson, there are cash prizes awarded each year. This year the event raised in excess of $6,000 which the committee determined should be used to purchase a new sound system. During the spring, work continued on demolition and construction projects with the help of volunteers from the community and students from BYU Idaho. In July, the theater was awarded a grant of $150,000 from Save America’s Treasures. The façade and old marquee was removed to reveal that the original brick was intact. The work on the interior continued. Under the direction of Pat Huish, the stage was rebuilt along with the stage entrances. The building was also rewired to accommodate the new curtains and lighting that is anticipated to be installed. Several volunteers began repainting the decorative plaster. There were a few events held during the remodeling including the Zombie Apocalypse in October and Warren Miller in November. Advertising was very difficult due to having no marquee and the committee anticipates that these events will be much more successful once the new marquee is up. 3 In December, the theater won a grant of $30,000 from Hampton Inns. This grant was awarded to the Winner of the most votes through Hampton Inns’ “Save A Landmark” contest. There was a nationwide press release announcing this award to the Romance Theatre. This project has had many volunteer hours and in kind donations this year. The committee is very grateful to everyone who has helped. The Romance Theatre is a part of Rexburg history and thanks to many hours of hard work, it will also be a part of the Rexburg’s future. Tabernacle Committee 2010 Report Mission for 2010: To prepare for the 100-year anniversary of the Rexburg Tabernacle, by repairing the wear and tear to the Tabernacle and preparing for the celebration to be held from summer 2011 to summer of 2012. Physical Plant: January Installed and focused 24 new lighting instruments. Continued fund-raising for new auditorium windows March Opened up stairs from north dressing room to museum level rest rooms Installed new electrical outlets on the stage June Eagle project of repainting all outside doors to Tabernacle September Installed new carpeting for auditorium (grant driven) Oct/Nov Repaired and painted walls of auditorium Dec. Eagle project of cleaning, repairing, insulating, and blocking entry through floor level windows Several small projects yet to be completed Currently we have no grant-request action Celebration Chairperson and Committee At present we have some volunteers willing to serve on a committee, but no defined leader to chair the celebration. Several suggestions have been made for activities to be included, but nothing solidified. We need a dynamic leader that has great energy and imagination as well as organizational skills to lead the Centennial Celebration. Budget Beginning Carryover for windows $89,962.20 Remaining Additional revenue $2,233.00 Auditorium expenses $10,426.00 Cash balance $81,426.00 4 1. Romance Theatre bid approvals - Staff Council Member Benfield asked Finance Officer Horner and City Attorney Zollinger for bid approvals on the Romance Theatre. City Attorney Zollinger reported on the bids. 1. Curtains - General Theatrical Supply (GTS) was the low bid for the curtains at $22,594.12. Other bids came from Oasis, at $23,500.00, and Rose Brand, at $26,500.92. The funds have been appropriated from the Save America’s Treasures grant. The matching money comes from 5 donations and contributions from other entities. Man hours are also being donated by the Hampton Inn with their grant. 2. Ceiling areas above the stage – 12 moving trusses were originally planned. In order to not go over the $150,000 grant budget, plans have changed plans to 6 batten trusses. The bids still reflect the cost of 12 trusses. Display Exhibits’ bid came in at $9,389.95; Quik Stage’s bid came in at $9,990.80; and American Image’s bid came in at $12,936.00. The prices needed to be adjusted with only requiring 6 trusses instead of 12. The low bid was still Display Exhibits for $5,400. This money will also come out of the Save America grant funds. 3. The new marquee had 4 responding bids. YESCO’s bid came in at $77,968.00; AK Sign Company’s bid came in at $78,287.00; Lytle Sign’s bid came in at $102,118.00; and Blaze Sign’s bid came in at $102,737.90. AK Sign Company withdrew. YESCO was the low bid. There is a $15,000 cushion left in the fund. The sign is all electric with power saving features. LED lights will be used. The structure costs the most to keep the sign the same as the historical sign. Council Member Egbert asked when the sign could be completed. City Attorney Zollinger said it would take about 70 days to complete. They drew on the sign companies’ expertise in coming up with the time frame. They also recommended the power-saving features, which can save up to $8,000 in power consumption each year. The committee went through a lot of discussion in choosing a design. Pictures of the sign are on display at the Romance Theatre. The sign is pigeon proof, discouraging pigeon nests. Council Member Erickson asked who sponsored the grant. The grant came from the National Parks – Saving America’s Treasures. The grant was for $150,000, requiring a match in funds. The actual match of funds and donated man hours was for $151,000. Architectural services were donated; design services were donated for the stage. Council Member Benfield moved to accept the three low bids from (1) GTS for $22,594.12; from (2) Display Exhibits for $5,400.00; and from (3) YESCO for $77,968.00; Council Member Egbert seconded the motion; The facade bid is pending due to a bid adjustment. Council President Mann asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson The motion carried. Council Member Benfield thanked Rona Lee Flansburg, Kriss Jacobson, Roger Harris, and Pat Huish for their work as committee chairs. F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency 1. Ratify new Golf Board Member “Derek Taylor” (replacing Rick Davis) 2. Ratify new Planning & Zoning Commission Member “Marilyn Rasmussen” – (replacing Ted Hill) Council Member Erickson reported the Golf Board and the Rexburg Redevelopment Agency have not met. Planning & Zoning did meet early in the month; Item seven on the agenda will be discussed at tonight’s meeting. There was a change on the Golf Board; Rick Davis was replaced by Derek Taylor. Council Member Erickson recommended Derek Taylor to the City Council for ratification to the Golf Board. Vote to ratify appointment Council President Mann Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson All voted to ratify the appointment. 6 Planning & Zoning also has a new appointment. Marilyn Rasmussen replaced Ted Hill as a member of the Planning & Zoning Commission. Council Member Erickson recommended ratification of Marilyn Rasmussen to the Golf Board; Vote to ratify appointment Council President Mann Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson All voted to ratify the appointment. Council President Mann read the code on the Planning & Zoning Commission appointments from the Impact Area to the Planning and Zoning Commission. The Mayor appoints one member from the Impact Area and the County Commissioners appoint two members from the Impact Area. Public Hearings: NONE Items for Consideration: A. Conditional Use Permit – Approximately 345 West 5th South – to take advantage of lowered number of parking spaces through the use of the Pedestrian Emphasis Zone (PEZ), Ordinance No.1021 – Michael Wright, the applicant, Giza Development, 801 North 500 West, Bountiful, Utah. Community Development Director Christensen presented a Staff report on the overhead screen on the proposal. An easement to 4th West will allow the fire truck access and turn around space. Planning & Zoning Commission recommended approval. PEZ 2 allows a 60% reduction in parking spaces. They will keep the sidewalks clean for pedestrian traffic. There are conditions of uses recommended by Planning and Zoning. They have to meet existing City regulations. Conditional Use Permit Michael Wright - #10 00444 Proposed Conditions of Approval 1. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, snow storage, drainage, etc. shall be submitted and approved by the City prior to the issuance of a building permit. The existing snow storage as currently shown is of concern for the City Engineer. 2. An easement is required through the existing parking lot to the west. 3. Lighting shall be low (under 15-feet in height) and not create glare, and as a minimum shall adhere to the City’s lighting ordinance. 4. To encourage alternative travel options, i.e. bicycling, bike racks and hard surface must be provided. Location of racks needs to be shown on revised site plan. This requirement is identified in the PEZ Ordinance. 5. Sidewalk and pathway installation and maintenance to be performed in accordance with the PEZ Ordinance, Section 5.10 #15 – “Property owners are encouraged to work with adjacent property owners to allow pedestrian access easements over property if a more direct route for pedestrians to BYU-I campus can be achieved.” 6. Parking Contracts to be approved by the City Attorney. 7. Requirements of the PEZ Zone Ordinance to be applied to this project. Including but not limited to wider sidewalks. 8. There shall be staff review of front yard setbacks for parking, specifically of the North end, and review of landscaping, review for snow storage, and review for protection of the City ditch. 9. There shall be a development agreement with the City addressing all Pedestrian Emphasis Zone (PEZ) issues. Discussion on easements including utility easements. The parking reduction takes the parking down to 94 spaces with 154 residents. The ditch in the corner was discussed. A small pipe could be put in on the corner of the development or dyke the ditch to keep snow out of the ditch. 7 Mr. Wright looked at the conditions from Planning & Zoning and they will comply. Council Member Erickson complimented the developer on the project. It meets the PEZ zone requirements. Council Member Sutherland moved to approve the proposal (Conditional Use Permit – Approximately 345 West 5th South – to take advantage of lowered number of parking spaces through the use of the Pedestrian Emphasis Zone (PEZ), Ordinance No.102) with the nine conditions; Council Member Erickson seconded the motion; Council President Mann called for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson The motion carried. B. Resolution 2011 – 01 Adopting local emergency response authority; “Pursuant to Idaho Code, Section 39-7105 (2) (a), the City of Rexburg hereby designates the Madison Fire Department as the local emergency response authority for hazardous substance incidents occurring within the corporate limits of the City.” – Dave Davis (Madison Fire Department) Dave Davis gave some background on the resolution. State Homeland Security wanted updated contact information for local Emergency Response authorities. The 911 Committee decided the Madison Fire Department should be listed as the contact for this area. They are the people who respond to all HAZMAT emergencies. The City already has a resolution in place for this, but it was last updated in 1991. Council Member Stout asked how many HAZMAT calls come in each year. They receive about four per year, but there is a potential for them to come in everyday. Discussion on HAZMAT calls. Council Member Stout asked about the Fire Department being the best qualified in the area. If not a local jurisdiction; it will fall to the State Police. Local Emergency Response authorities could respond more quickly than the State Police. The County is going to the Fire Department too. Council Member Stout moved to approve Resolution 2011 – 01 Adopting local emergency response authority; “Pursuant to Idaho Code, Section 39-7105 (2) (a), the City of Rexburg hereby designates the Madison Fire Department as the local emergency response authority for hazardous substance incidents occurring within the corporate limits of the City.”; Council Member Sutherland seconded the motion; Council President Mann asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson The motion carried. Staff Reports: A. Economic Development: – Scott Johnson Economic Development Director Johnson reported on the Public Utility Commission’s support of the Upper Valley area and growing cities. The city has met with Intermountain Gas twice since the PUC directive. Intermountain Gas does have sufficient gas for their core market of Residential and Commercial, as mandated by the PUC. They do not have enough for large-volume users or industrial. They plan to upgrade the local system in 2015. They are looking at different options to bring a gas supply into the area for new industrial customers. 8 Council Member Erickson asked about the upgrade. Economic Development Director Johnson said they have done two loops on the pipe line and they are working on a third loop to add capacity to the pipes that provide gas to the Upper Valley. We are on same pipeline as Idaho Falls, called the Idaho Falls Lateral. It connects through Pocatello to the main gas line. Council Member Stout asked about Fiber Optics infrastructure. They are working on a study right now. The have recently met with an agency that has received federal funding to develop projects. The city expressed interest in having the agency work with the deficiencies in this area. B. Public Works: – Keith Davidson City Engineer Keith Davidson reported there will be a committee meeting next Tuesday with the City Council representatives for the LID for Pioneer Road and 7th South. Council Member Erickson, Council Member Egbert and Council Member Stout are on the committee for the LID. City Engineer Keith Davidson also reported the pressure sewer line that will run along Highway 20 is being designed, as well as the upgrade for south lift station. They are working on running a new sewer line along 7th South, from 5th West down to the lift station. Wastewater treatment upgrades to the plant are up and running. They are doing a lot of system tests now that the students are back and the usage of the wastewater treatment plant is back to normal. 1. Riverside Aquatic Center update – Johnny Watson Johnny Watson passed out a schedule for current and future projects with key dates they will need to hit in order to meet substantial completion on May 20th. The projects included pumping, electrical, waterslide tower, water slides, concrete decking, and paving. He passed out a construction schedule for the coming months. RIVERSIDE PARK CONSTRUCTION SCHEDULE CURRENT ACTIVITES • Roofing on west building (complete January 21) • Electrical service rough-in • Plumbing rough-in pump room • Steel decking on east building (complete February 4) • Pour equipment pads in pump room KEY DATES Jan 26 Pumps Arrive Feb 15 Power service to building March 25 Electrical, plumbing and mechanical rough-in complete in west building April 1 Waterslide tower complete April 4 Water slides / structure arrives April 20 Electrical, plumbing and mechanical rough-in complete April 25 Pour remaining curb, prep for asphalt, and begin landscape May 6 Complete concrete decking May 10 Complete paving May 20 Substantial Completion Currently, the roofers on the west building are working over the storage area and the party room. The roof over the equipment room is complete and they are working on clearing out the snow and ice. They are getting ready for installing pumps at the end of the month, so they are working on pouring equipment pads. Most of the pool supplies have arrived. They have started setting the 9 stainless steel around the leisure pool. They are waiting on Rocky Mountain Power to give them power so they can get off of the generators. Once the roofs are closed in they can start on the plumbing and electrical work for the buildings. The west building should be done by March 25th and the east building will be done by April 20th; that will give them two weeks after painting to hang fixtures. Once spring weather sets in, they will work on curbing and landscaping. The last thing they will do is pave so it looks nice for public use. The substantial completion date they are planning is for May 20th which means the facility will be available for use. There will still be small things that still need to be done; however, it will be operational after substantial completion. In May they will begin communicating with the Pool Manager to be prepared for opening when the weather is warmer. BYU-I interns have done renderings of the project and created a digital 3D design of the facility. They are at 56% of budget; 25% of that is pool parts. They are right on track. Council Member Sutherland asked about the traffic with the opening. He was concerned with protecting the new sod areas from traffic. Johnny Watson said they will have time for the sod to settle; the hydro-seeded areas on the ball fields will be blocked off. Council Member Erickson asked if the two new pool operators are still on board. They are meeting with the Finance Officer on Friday to review the operating plan. Council President Mann asked how many life guard stations are planned. Johnny Watson will be planning them. He also asked about transfer of maintenance. Johnny Watson is working right now with Public Works Director Millar. There is a year warranty period and there will be a considerable training period. C. Finance Department: - Richard Horner Finance Officer Horner reported on the annual audit. The city’s portion is done; they are waiting on the auditors. It may be available for acceptance in a couple of meetings. Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: – NONE B. BILL Introduction: 1. BILL 1062 Hand-Held Wireless Telephone Prohibited Use City Attorney Zollinger explained it is a process for consideration. City Council asked for a plan in this area 18 months ago. The State Legislature took up the issue in Boise, and at that time, City Council took the subject off the table awaiting a response from the State. The State Legislatures did not act on the issue. This is an attempt to move the proposal forward for consideration. Texting and cell phones use is under consideration for pedestrians and vehicle operators; two or three accidents in the past few years may have been avoided if cell phone use were not involved. This is an opportunity for City Council to see how Twin Falls and Meridian have handled the process in 2010. Council Member Stout asked if this BILL is more advantageous than cracking down on the State’s Inattentive Driving statutes. City Attorney Zollinger gave two examples of texting or cell phone use while driving. One was observed by a police officer; a driver he was following did not look up for a two-block period. The driver admittedly said she was looking at a device placed on the dash board. There was no accident, simply because no car or pedestrian got in the car’s path. Inattentive driving statutes could not implicate this driver because she did not weave out of the lane or cause an accident. A non-texting BILL could make that action against the law. The other incident involved a near fatal accident; the accident victim is in a comma. Pedestrians in cross walks generate a high number of complaints too. Pedestrians are observed not watching for cars in the path of oncoming cars. If they are looking down to text or talking on the phone they cannot hear the oncoming cars. Council Member Egbert said texting is a problem. There are a lot of people crossing 2nd East outside the crosswalks. Officer Sergeant Ray Hermosillo can direct police officers to watch for this activity. 10 Council Member Erickson said to set a hearing up for March and take it forward. He wanted to hear from the community. City Attorney Zollinger asked for feedback on 3 items: (1) Texting only, (2) Texting and Cell phone use, and (3) Pedestrians in crosswalks. The model the city was going to bring forward 18 months ago included a ban on texting city-wide, a ban on any electronic devices by pedestrians in crosswalks within the PEZ zone (immediately surrounding campus) and on Main Street. Council Member Erickson asked if the proposal takes in all public crosswalks. The Traffic & Safety Committee felt it was necessary to concentrate the efforts in the PEZ and high-traffic zones. Council Member Sutherland agrees with considering a ban on texting; he is not sure how to enforce cell phones when so many cars have darkened windows. Council Member Stout asked to include crosswalks near school zones and signage in the discussion. There was discussion on signage and informing the public. Signs at the city accesses would be required as a minimum. Eleven signs would cover every entry into the city. If zones are considered, the zones would need to be signed. There was discussion on city personnel using cell phones in traffic. C. First Reading: Those items which are being introduced for first reading. – NONE D. Second Reading: Those items which have been first read. – NONE E. Third Reading: Those items which have been second read. – NONE Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: - NONE Mayor’s Report: Council President Mann asked for goals and concerns from the City Council: Council Member Stout asked to consider (1) Economic Development (Gas and Power), making sure we are planning ahead for the needs of the city, and (2) managing the new pool to make a profit. Council Member Benfield asked (1) to monitor the Aquatic Park for timely completion and well- managed finances, (2) completion and follow-through with wastewater plant construction, (3) do as much as possible for city streets and roads, (4) continue to improve finances information on the website for budgeting and reporting. Council Member Sutherland asked to focus on (1) Ansulary Well (judication is almost complete), (2) streets, (3) the Aquatic Center and surrounding area – seed with as much green as possible to enhance the area. Council Member Erickson is concerned with (1) completion of projects (in the current calendar year), (2) finances for the city – the city was able to operate with six less employees than a year ago by consolidation. There was a $50,000 savings in the Mayor’s Budget. The city needs to continue to monitor spending. Finance Officer Horner said the finances are slightly better this coming year. The Teton Lakes Golf Course needs to meet their budget and pay as they go. We need to watch income verses expenditures. Council Member Egbert supported all of the goals mentioned. He wants to work on safety as a number one priority with Police, lighting, crosswalks, and other projects as mentioned. Aquatic Center completion is a main goal. Council Member Erickson asked to let the city know of the accomplishments for 2010. Some accomplishments include 12th West, Pioneer Road, street light at 2nd East by the Temple, Aquatic Center, and wastewater treatment plant. This stuff doesn’t just happen; it comes from hard work and great management. 11 Council President Mann was concerned with (1) pedestrian traffic safety, (2) left hand turn lane lights on Main Street, (3) using the money in the lighting fund to work on lighting enhancement, and (4) work as a City Council on “revenue sharing” with state money to keep money coming from the state. Council Member Stout said to monitor proposed changes with Urban Renewal discussion at the state legislature too. Council President Mann mentioned the AIC Conference for elected officials is in Boise next week on the 27th. He also reminded the City Council members about the drive around on May 18th. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. Minutes: A. December 01, 2010 meeting B. Approve the City of Rexburg Bills Council Member Sutherland moved to approve the Consent Calendar consisting of the minutes, and the city bills; Council Member Benfield seconded the motion; Council President Mann asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout Council Member Erickson The motion carried. Adjournment __________________________________ Council President Mann Attest: ________________________________ Blair D. Kay, City Clerk