HomeMy WebLinkAboutCouncil Minutes - August 01, 2018_exppdf
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August 1, 2018
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Mikel Walker Tisha Flora
Brad Wolfe Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall
Council Member Tisha Flora said the prayer.
Council President Sally Smith led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Walker, Council Member Mann, Council
Member Busby, Council Member Wolfe, Council President Smith and Mayor Merrill.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for
discussion on a future agenda. Please keep comments on point and respectful.
Presentations: None
Staff Reports:
Finance: Financial Reports- Matt Nielson
Finance Officer Nielson did not have anything to report.
Public Works & Engineering: - Keith Davidson
Director Davidson reported that 7th South has been paved. They are working on the reservoir for
the well by the Burton Elementary School. They have run into ground water so they will need to
bring in some larger rock material to stabilize it and then pump down the ground water. They will
need to close 1000 South while they pump down the ground water and haul in the larger rock.
Director Davidson indicated that Depatco had a project fall through so they will start on South 5th
West next week and on University Boulevard. Seal coating will also start next week. HK will start
the 2nd East work on August 20th starting with 3rd South to 7th South before the students come back.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x 2101
Fax: 208.359.3022
deborahl@rexburg.org
www.rexburg.org
City Council Minutes
August 1, 2018
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Council Member Busby asked if University Blvd. will go to four lanes or just add curb and
sidewalk. Director Davidson said there will be two lanes on the north side between the overpass
and Rexburg Motor Sports that will go all the way through.
Director Davidson also reported that they have started building a sledding hill at Teton Lakes Golf
Course.
Community Development: New Construction Report – Bret Stoddard
Building Official Stoddard presented the Building Valuation Report for July. He indicated that they are
still quite busy.
Official Stoddard said they have sent out an email to contractors to remind them of the time crunch
between semesters at BYU-I. They asked the contractors to try and get their permits in early.
Official Stoddard commented that the public portal has been enhanced through the City Works update
and things are moving forward smoothly. They are also working on the new Electronic Plan Review
software. They have decided to go with a software program called “On Base” because it ties right in to City
Works.
Council Member Busby asked Director Davidson if Handcart Lane, going to the new apartments, is made
for on-street parking. Director Davidson indicated that a pole still needs to be moved by Rocky Mountain
Power and then they might be able to make parking along there. The pole will be moved at the developer’s
expense.
Mayor’s Report:
Mayor Merrill thanked Officer Whetten for being here. He asked Brett Sampson from the
University if he had anything to report. Mr. Sampson said that 3,000 people will be in town for the
next few days for Education Week.
Mayor Merrill reported that they have interviewed three website development companies to re-do
the City Website. The videographer has been shooting all over town to add a video to the City
Website.
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Mayor Merrill attended the Eastern Idaho Partnership SAUSA meeting. SAUSA stands for Special
Assistant United States Attorney. This is an attorney that has been hired by the United States
District Court in Pocatello. He helps to prosecute drug criminals along with other criminals. The
Legislature has agreed to cover 70 percent of the cost for this attorney and the 11 or 13 Eastern
Idaho Counties contribute the rest. This will save about 7 million dollars for the state. Usually the
criminals are sent to Federal Prison which takes the cost out of Idaho. Mayor Merrill is the
legislative liaison for the group.
Mayor Merrill reported that a student from BYU-I Architecture Department did a rendering for an
idea for the north side of the tabernacle.
Mayor Merrill attended the regional mayors meeting on REDI. The new REDI Chief Executive
Officer is Dana Kirkham, former Mayor of Ammon. She is focusing on bringing all the economic
development organizations together to work on the rolls for everyone and not have duplication.
Public Hearings:
6:45 – Ordinance 1197 - Fiscal Year 2018 Amended Budget – Matt Nielson
Finance Officer Nielson presented the budget amendments for 2018. The budget for fiscal year
2018 started with about 57 million and now needs to be amended by about 4.1 million. Most of the
amendments are street related because of the construction delays from one year to another. There
are also some grants such as the $900,000 grant from Urban Renewal for the construction by
Walmart. Fifty eight percent of the budget is spent in Public Works areas, next largest is Police and
Fire which is about 20 percent and then 12 percent is spent on Parks, Recreation and Cultural Arts.
This public hearing is to amend the budget by 4.1 million.
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Mayor Merrill opened the public hearing.
Public Testimony in favor of the proposal (5 minutes limit): None
Public Testimony neutral to the proposal (5 minutes limit): None
Public Testimony opposed to the proposal (5 minutes limit): None
Mayor Merrill closed the public hearing for deliberations.
Discussion
Council Member Wolfe moved to approve Ordinance 1197 - Fiscal Year 2018 Amended
Budget; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Items for Consideration:
A. Resolution 2018–10 – Fiscal Year 2019 Utility Rate Change – Matt Nielson
Officer Nielson said they actually approved this at the last meeting but they brought it back
because they were able to lower the utility rate increase. Waste Water was able to shift some things
around in their personnel area and eliminate the need for an additional full time employee. This
helped to reduce the utility rates in Waste Water from 8.9 to 5.2 percent increase which is about
$5.00 per month.
RESOLUTION FOR INCREASING THE UTILITY RATES FOR FISCAL YEAR
2019
Resolution 2018 - 10
A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for water,
sewer, garbage fees.
WHEREAS, the City Council desires to maintain the overall quality of life experienced
by its constituents; and
WHEREAS, the City Council desires to collect from all water, sewer, and garbage users
an equitable user fee that reflects their appropriate share of operating costs, depreciation
and debt service;
NOW THEREFORE, be it resolved by the Mayor and the Council of the City of
Rexburg, effective October 1, 2018, the water, sewer, and garbage fees to be charged
shall be as follows:
New Monthly Cost:
Garbage 90 Gallon Bin Weekly Pickup no change
90 Gallon Bin Every 2nd week Pickup no change
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90 Gallon Bin Every 4th week Pickup no change
1.5 Yard Bin Weekly Pickup no change
2.0 Yard Bin Weekly Pickup no change
3.0 Yard Bin Weekly Pickup no change
Water Base Fee for .75” Equivalent & SF 1” Meter $18.25
Usage Fee per 1,000 Gallons over 6,000 $1.015
Wastewater Base Fee for .75” Equivalent & SF 1” Meter $15.70
Usage Fee per 1,000 Gallons $4.53
Other City Usage Fee per 1,000 Gallon $2.61
Out of City Limits 30% Surcharge for Water or Sewer update all fees 30%
Council Member Walker moved to approve Resolution 2018–10 – Fiscal Year 2019 Utility Rate
Change; Council Member Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
B. Resolution 2018 – 11 (18-00350) Comprehensive Plan Map Change - Amending
Cornell Block/Block 4 Parker Addition from Neighborhood Commercial Mixed Use and Low to
Moderate Density Residential to Moderate to High Density Residential– Scott Johnson
Economic Development Director Johnson presented the Comprehensive Plan Map Change.
Planning and Zoning recommends this change. They believe that this is the best use for this parcel.
There were no issues raised by staff at the Planning and Zoning Meeting.
Council Member Wolfe also indicated that there was no opposition to this zone change.
Resolution 2018 - 11
WHEREAS, on the 1st day of August, 2018, the City Council for the City of Rexburg was duly convened
upon notice properly given and a quorum was duly noted; and
WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 19th day of July, 2018, the
Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal to
amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed
Comprehensive Plan Map change to City Council; and
WHEREAS, in a subsequent City Council meeting on the 1st day of August, 2018, the City Council reviewed
the findings from the Planning and Zoning Commission’s Public Hearing held on the 19th day of July, 2018; and
WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of
the community is encouraged to ensure changing conditions meet the needs of the community; and
WHEREAS, proposed changes to comprehensive plan map can change land use designations; and
WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from
Neighborhood Commercial Mixed Use and Low to Moderate Density Residential to Medium to High Density
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Residential at the Cornell Block/Block 4 of the Parker Addition (18-00350) in the City of Rexburg, Madison
County, Idaho and more particularly described as follows:
Comprehensive Plan Map Amendment
Legal Description:
Block 4 of Parker Addition
WHEREAS, the changes shown on the Comprehensive Plan Map dated August 1st 2018 have been approved by
the City Council;
NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor
and the City Council the following:
The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in
the City of Rexburg Vision 2020 Comprehensive Plan.
RESOLVED this 1st day of August, 2018; by the City Council, City of Rexburg, Idaho.
Council Member Smith moved to approve Resolution 2018 – 11 (18-00350) Comprehensive
Plan Map Change - Amending Cornell Block/Block 4 Parker Addition from Neighborhood
Commercial Mixed Use and Low to Moderate Density Residential to Moderate to High Density
Residential; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Council President Smith commented that it is very helpful that the neighborhood brought this
forward.
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
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C. Ordinance 1195 (18-00311) Rezone Approximately 411 South Harvard from Low
Density Residential 1 (LDR1) to Low Density Residential 3 (LDR3) – Scott Johnson
Director Johnson indicated that staff believes this is keeping in line with the residential area.
This will also provide buffering from the single family homes that are in LDR1 to the Medium
and High density that surrounds the area. There was one person who spoke in opposition to the
zone change and there was one letter in opposition.
Council Member Wolfe said most of the opposition was from people who want their kids to
be able to play on the lot. Four duplexes are being proposed for the lot.
ORDINANCE NO. 1195
AN ORDINANCE AMENDING AND CHANGING THE ZONING
MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING
THAT THE ZONED DESIGNATION OF THAT CERTAIN
PROPERTY HEREINAFTER DESCRIBED, SITUATED IN
REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS
HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY the City of Rexburg, Idaho:
SECTION I: That the zoning map of the City of Rexburg, Idaho, which is filed with the city clerk
thereof, be, and the same is hereby amended and changed to provide that the hereinafter described property situated in
the City of Rexburg, Madison County, State of Idaho, regarding (#18 00311) to rezone the property at
approximately 411 South Harvard Avenue from Low Density Residential 1 (LDR1) to Low Density Residential
3 (LDR3) in the City of Rexburg, Madison County, Idaho.
The said property is located at 411 South Harvard Avenue in Rexburg, Madison County, Idaho, and more
particularly described as follows:
Legal Description:
Part of Lot 1, Block 1 of Sherwood Hills subdivision No. 1 to the City of Rexburg, Madison County, Idaho, as
per the recorded plat thereof,
Described as:
Commencing at the NW corner of said Lot 1, Block 1 and running thence East 190.00 feet along the North line of
said Lot 1; thence South 82.00 feet; thence south 30°09'17” West 77.38 feet; thence
South 55°00'54" West 100.00 feet; thence South 74°17’18" West 71.89 feet to the West line of said Lot 1;
thence North 225.71 feet along said West line to the point of beginning.
SECTION II: That a new zoning map showing these amendments shall be certified to and declared to
be the official zoning map of the City of Rexburg by passage of this Ordinance by the City Council of the City of
Rexburg.
SECTION III: This ordinance shall become effective upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this ___
day of ___, 2018.
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Council Member Busby moved to approve Ordinance 1195 (18-00311) Rezone Approximately
411 South Harvard from Low Density Residential 1 (LDR1) to Low Density Residential 3 (LDR3);
Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
D. Ordinance 1196 (18-00349) Development Code (Ord 1115) Amending HDR2 Zone to
Allow an Urban Form to Promote Walkable Streets in the Infill and Redevelopment area and
amend PED Map to Include Block 4 of Parker Addition – Scott Johnson
Director Johnson explained that within the in-fill and redevelopment area, this change would allow
HRD2 zones to have a reduction in setbacks from 20 feet to 5 feet. This would allow increased
density. There would be certain criteria; it wouldn’t just be allowed for everyone.
Council Member Wolfe added there is some give and take in order to get the reduced setbacks.
ORDINANCE NO. 1196
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE
(PLANNING AND ZONING ORDINANCE NO. 1115) CONCERNING
SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING
CHANGES HAVE BEEN MADE; CHANGES TO HIGH DENSITY
RESIDENTIAL 2 (HDR2) ZONE TO STREAMLINE THE DENISTY
REQUIREMENTS AND ALLOW REDUCED SETBACKS TO THE
INFILL/REDEVELOPMENT AREA; TO INCLUDE THE ENITRE CORNELL
BLOCK IN THE PEDESTRIAN EMPHASIS DISTRICT (PED); AND
PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE.
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WHEREAS, the City of Rexburg is incorporated as an entity of the State of Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho state code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
REXBURG, IDAHO:
SECTION I: CHAPTER THREE point Ten changes to High Density Residential 2 (HDR2) shall be defined as
follows:
3.10.070 – Lot Configuration and Density – Dwelling units shall not exceed forty-two (42) units per acre.
For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed two-
hundred-fifty-two (252) individuals per acre. The Pedestrian Emphasis District (PED) density is regulated by the University,
the Building Code of Rexburg, ID and any requirements imposed as part of the required Conditional Use Permit (CUP).
3.10.080 – Yard Requirements – a. Front/Rear Yard. Each lot or parcel in the HDR2 zone shall have a
minimum front yard of a least twenty-five (25) feet unless the street upon which the parcel fronts has a boulevard strip of at least
seven (7) feet, in which cast the front yard setback may be reduced to twenty (20) feet. Parking lot front yard setb acks are
twenty (20) feet. The area between the curb and gutter and the sidewalk is to be landscaped with t rees and shrubs.
Landscaping must be maintained as in its original design and purpose.
3.10.090 – Setbacks and Right-of-Way Exceptions – a. Expectations viii. In the
Infill/Redevelopment Area (see Section 4.16 for map), the required front yard setbacks for buildings (not parking ) may be
reduced up to fifteen feet (15’) by meeting the following requirements:
Location, widths, and names of all platted streets, railroads, utility right -of-way of public record, easement, public areas,
permanent structures….
SECTION II: INCLUDE THE ENTIRE CORNELL BLOCK/Block 2 of the Parker Addition in the Pedestrian
Emphasis District (PED).
SECTION III: Furthermore, any portion of the existing Development Code in conflict with this proposed
amendment is hereby repealed.
SECTION IV: The City of Rexburg, Idaho City Council shall enact this Ordinance amending
Ordinance 1115 otherwise known as THE DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO
upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this _____ day of
____________, 2018.
Mayor Merrill asked for a motion on Ordinance 1196.
Council Member Mann commented that they need to be careful about saying “it’s allowable”
because if you say it’s allowable it’s what they are going to do.
Director Johnson reminded Council that it’s only within the HDR2 Zone and only within the Infill
and Redevelopment Area.
Council President Smith asked what some of the other criteria would be. Director Johnson said
they would have to meet public works requirements. They are looking at creating more of a
walkable environment. When buildings are closer, people feel safer walking there. They would also
have to provide entrances for the public.
Director Johnson indicated that the second part of this motion is to include the Parker
Addition/Cornell Block into the Pedestrian Emphasis District (PED). Staff is favorable to this and
Planning and Zoning recommended it. Director Johnson showed the area on the screen.
Council Member Wolfe moved to approve Ordinance 1196 (18-00349) Development Code
(Ord 1115) Amending HDR2 Zone to Allow an Urban Form to Promote Walkable Streets in the
Infill and Redevelopment Area and amend PED Map to Include Block 4 of Parker Addition;
Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
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Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
E. Appoint Bryanna Johnson as a Parks Committee Member
Mayor Merrill had Bryanna introduce herself. She said her husband works on campus and they
have 3 boys so they spend a lot of time outdoors. She likes parks and being outside and believes it is
a great benefit to a city to have places where people can be outdoors.
Council Member Mann moved to ratify Bryanna Johnson to the Parks Committee; Council
Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing
Procedure (Recommend Suspension of the Rules):
B. BILL Introduction: – NONE
C. Second Reading: Those items which have been first read: NONE
D. Third Reading: Those items which have been second read:
1. Ordinance 1193 - Annexation at approximately 793 Barney Dairy Road (18-00207) –
Proposed zoning is Open Space Zone, Medium Density Residential 1 (MDR1), Low Density
Residential 3 (LDR3), and Low Density Residential 1(LDR1)
Council Member Busby moved to approve and third read Ordinance 1193 - Annexation at
approximately 793 Barney Dairy Road (18-00207) –Proposed zoning is Open Space Zone,
Medium Density Residential 1 (MDR1), Low Density Residential 3 (LDR3), and Low Density
Residential 1(LDR1); Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
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The motion carried
2. Ordinance 1194 – Budget Appropriation for Fiscal Year 2019
Council Member Walker moved to approve and third read Ordinance 1194 – Budget
Appropriation for Fiscal Year 2019; Council Member Mann seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Mayor’s Business:
Mayor Merrill invited Bradley Peterson from the County Planning and Zoning Department
to fill everyone in on what they have been doing lately in Economic Development and
Comprehensive Planning for the County.
County Planning & Zoning Director Peterson said when he started in this position a year
ago; he was told he needed to work on the Comprehensive Plan. He quickly realized that
the plan was missing some things. There was a Joint Hazard Mitigation plan in place with
Rexburg, Sugar City and the County but it had never been looked at in connection with the
Comprehensive Plan. The Flood Plain Plan really didn’t communicate with the Hazard
Mitigation Plan or the Comprehensive Plan. In order to move forward with a real
Comprehensive Plan, we need one that communicates with all the other plans and is multi-
jurisdictional.
Mr. Peterson said the first step is to set some goals. By following Envision Madison they
have been able to identify an organization called the Rural Development Center which is
funded through the Department of Agriculture. They will come in and provide an asset
based program that looks at where we are as a community, our infrastructure, the strengths
and weaknesses, etc. The economic point of view helps match businesses with Rexburg. By
adding certain things to the infrastructure, for example, they can appeal to certain businesses.
His goal is to get all the plans to communicate together. FEMA can help cities with their
earthquake proofing as long as it is part of their Hazard Mitigation Plan. Once all the goals
and priorities are set, they can look at helping each other and work together. He would like
the City, County and Sugar City to work together to come up with a Comprehensive Plan
that works for everyone.
Council Member Mann agrees with Mr. Peterson and he understands that they do need to have a
plan.
Council Member Wolfe asked if the City can do anymore to help. Bradley said the City staff has
been very helpful.
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Mayor Merrill read a letter from the Rexburg Area Chamber of Commerce thanking the City for all
their help with the International Summerfest.
Council President Smith would like to set some work meetings with Planning and Zoning.
She would also like to meet with our legislator and representatives; perhaps in September. Mayor
Merrill will be gone September 5th.
City Council scheduled a work meeting with Planning and Zoning on the 19th of September at 5:00.
Council Member Mann suggested they meet with the legislator and representatives after the election
in November.
City Council will also meet with the County on August 13th.
Council President Smith asked if we have personnel on the fires. Council Member Walker said
some firemen just got back yesterday and some helped with the Grassy Ridge Fire over the
weekend.
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.
A. Minutes from July 18, 2018 meeting
B. Approve the City of Rexburg Bills
Council Member Wolfe moved to approve the Consent Calendar containing the minutes and city
bills; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Adjournment 7:41 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Mary Flanary, Deputy City Clerk