HomeMy WebLinkAboutMinutes 081396 Approved as Submitted
Meeting Date: 9/10/96
ATASCADERO CITY COUNCIL
AUGUST 13, 1996
MINUTES
CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. for purposes of discussions
pertaining to:
1) CONFERENCE WITH LABOR NEGOTIATIOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union; Confidential Employees
At 6.55 p.m., the City Council adjourned Closed Session. It was noted that Closed
Session would be continued until after the end of the regular session.
REGULAR SESSION:
The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney;
Steve DeCamp, City Planner; Brady Cherry, Community
Services Director and Bill Watton, Acting Police Chief
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PRESENTATIONS:
Recognizing Bud Tanner, local contractor, and Leslie Ramsey, San Luis Obispo County
Builders Exchange, for supervising the construction of Quarantine Project (Phase 1) at
the Charles Paddock Zoo
Mayor Highland presented plaques in appreciation for service to the community to Bud
Tanner and Leslie Ramsey.
COUNCIL COMMENTS:
Mayor Highland announced that on July the 25th a 5-year lease for residents at
Rancho Del Bordo Mobilehome Park was agreed upon. He recognized John
McGoff, Jim Wolfe, Mark Egan and David Evans for their hard work in negotiating
a compromise.
David Evans, Western Mobilehome Park Association, thanked the Mayor and
Council for the opportunity to resolve differences at two local mobilehome parks
and to, further, avoid rent stabilization. He explained that the owner of Rancho
Del Bordo and resident representatives had indeed agreed upon a new lease and
that a meeting had been held at Hilltop Mobilehome Park. He added that while
there is no rent problem at that park, there are matters of owner/tenant relations
that will be addressed in a follow-up meeting.
Millhollin Mine Update:
Steve DeCamp provided the update and reported that while the process took
longer than originally anticipated by staff, the Reclamation and Closure Plan,
Operations Agreement and Environmental Assessment will be distributed in one
week.
COMMUNITY FORUM:
Mike Inns, 8200 Pequenia, commented that the City's investigation into allegations
surrounding the Police Chief is taking too long. He said that the issue is costing
the City and the Police Department money and morale; and speculated that this
episode will leave a black mark on those councilmembers whose terms will soon
expire. Mayor Highland remarked that the issue is a difficult one and assured the
public that the Council is doing all it can to resolve the matter as quickly as
possible.
Wendy Muller, 8200 Graves Creek Road, submitted two petitions requesting that
the Police Chief be reinstated and that the City Manager be evaluated (petitions on
file with the City Clerk). She asked the Council to accept the petitions, not as
legal documents, but as voices of the people of the City. She said that the legal
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advice the Council is receiving is not in the best interest of the City and urged the
Council to put into place a policy for the receiving of anonymous complaints. Ms.
Muller also requested that the Council spend their efforts on resolving the financial
problems of the City and cautioned them to use their power wisely.
Cheryl Burbach, 12605 Santa Ana Road, spoke in support of reinstating the Police
Chief. She noted that Chief McHale has been working with a committee of
parents and school representatives to put the "Drug Free Zone" into place and
shared concern about the progress of the committee without his input.
---end of public testimony---
CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - July 9, 1996
(City Clerk's recommendation: Approve)
2. CITY TREASURER'S REPORT - June, 1996
(City Treasurer's recommendation: Approve)
3. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of
Business License application (American Classics) (continued from 7/9 and
7/23/96)
(Staff recommendation: Adopt)
4. FINAL PARCEL MAP 95-006, 6625 NAVAJOA - Division of an existing 0.47
acre parcel into four (4) lots to accommodate residential development
(Gearhart/Cannon Associates)
(Staff recommendation: Approve)
Councilmember Luna requested that Items #1 and 2 be pulled from the Consent
Calendar. Mayor Highland pulled Item #3.
MOTION: By Councilmember Bewley, seconded by Councilmember
Johnson to approve Item #4; motion passed 5:0 by roll call vote.
Re: Item #1. CITY COUNCIL MINUTES - July 9, 1996
Councilmember Luna requested that the Minutes be continued to the next meeting
and noted an error on page 6. The Clerk so noted. By consensus, the minutes
were continued until August 27, 1996.
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Re: Item #2. 2. CITY TREASURER'S REPORT - June, 1996
Councilmember Luna requested that the City Treasurer provide a report on
investments. Rudy Hernandez reported that he has begun the process of moving
funds from LAIF to diversify the City's investment funds. He has opened five
Certificate of Deposit (CD) accounts and plans to open at least five more by the
end of month. The funds amount to about a million dollars and there is more work
to be done, he remarked. Mr. Hernandez indicated that he hopes that there will be
a Finance Committee meeting soon and responded to Council questions regarding
interest earnings. He emphasized that the City earns money on idle cash and
noted that interest earned on the CDs range from 4.7 to 5.1 %
MOTION: By Councilmember Carden, seconded by Councilmember Luna
to approve Item #2; motion passed 5:0 by roll call vote.
Re: Item #3. RESOLUTION NO. 63-96 - Making findings and upholding the
appeal of Business License application (American Classics)
(continued from 7/9 and 7/23/96)
The Mayor requested a roll call vote on this item.
MOTION: By Councilmember Johnson, seconded by Councilmember
Carden to approve Resolution No. 63-96; motion passed 3:2 (Luna and
Highland opposed).
B. PUBLIC HEARINGS:
1. GENERAL PLAN AMENDMENT 95003/ZONE CHANGE 95006, 7470 EI
CAMINO REAL
A. Resolution No. 73-96 - Approving an amendment to the General Plan Land
Use Map designation from Office and Commercial Service to Commercial
Retail at 7470 EI Camino Real
(Planning Commission recommendation: Adopt)
B. Ordinance No. 310 - Amending Map 17 of the official zoning maps by
rezoning certain real property located at 7470 El Camino Real from
Commercial Professional and Commercial Service to Commercial Retail
(PD1 1) and amending the Zoning Ordinance text to create Planned
Development Overly #11)
(Planning Commission recommendation: Waive reading in full and introduce
on first reading by title only)
Steve DeCamp provided the staff report and recommendations to approve. Brief
Council questions followed.
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Public Comments:
Wayne LePrade, agent for applicant, spoke in favor of the staff recommendation
and urged approval.
---end of public testimony---
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to adopt Resolution No. 73-96; motion passed 5:0 by roll call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to waive the reading in full and introduce Ordinance No. 310 on first
reading, motion passed unanimously by roll call vote.
2. ZONE CHANGE-96001/CONDITIONAL USE PERMIT 96001, 9705 EAST
FRONT ROAD
A._ Ordinance No. 308 - Amending the official Zoning Ordinance text to add
"Indoor Recreation Services" as an allowable use in the public zone.
(Planning Commission recommendation: Waive reading in full and introduce
on first reading by title only)
B. Conditional Use Permit 96001
(Planning Commission recommendation: Approve)
Councilmember Bewley stepped down from deliberations on this matter due to a
potential conflict of interest.
Steve DeCamp provided the staff report and recommended approval. He noted
that the zoning change will add "indoor recreational uses" to the list of allowed
uses in the (P) Public Zone and pointed out that, although typically not seen at the
Council level, staff is also requesting approval of the Conditional Use Permit (CUP)
as the application had been accompanied by the zone change.
Public Comments:
Terril Graham, 6205 Conejo Road, commented that the City is failing to follow up
on building permits to ensure that projects are completed as approved. He urged
staff to make sure and follow up on this particular project.
Steve Dummit, applicant, spoke in support of the project and requested approval.
---end of public testimony---
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MOTION: By Councilmember Johnson, seconded by Councilmember Luna
to waive the reading in full and introduce Ordinance No. 308 on first reading
by title only; motion passed 4:0 by roll call vote.
MOTION: By Councilmember Johnson, seconded by Councilmember Luna
to approve Conditional Use Permit 96001; motion passed 4:0 by roll call
vote.
Councilmember Bewley returned to the dias.
C. REGULAR BUSINESS:
1. DISCUSS GIVING DIRECTION TO STAFF TO AMEND RESOLUTION NO. 122-
94 REGARDING AUTHORIZATION FOR USE OF LINE OF CREDIT AT MID-
STATE BANK
(Staff recommendation: Provide direction)
Andy Takata explained that the City's cash flow is in good shape and because of
this does not think it is necessary to continue the line of credit. The City
Treasurer agreed and recommended that Resolution No. 122-94 be rescinded.
There was no public comment.
MOTION: By Councilmember Luna, seconded by Councilmember Carden
to rescind Resolution No. 122-94; motion passed 5:0 by roll call vote.
2. RESOLUTION NO. 72-96 - Re-authorizing an amended agreement with NCI
Affiliates, Inc. for operation of the Lake Park Pavilion food concession.
(Parks & Recreation Commission recommendation: Adopt)
Brady Cherry provided the staff report and recommended approval. He noted that
the amended agreement would allow for the sale of beer and wine at the Back
Porch Cafe. He clarified that NCI will carry the liquor license and noted that Item
"G" of the exhibit specifies that the beer and wine may only be consumed on-sight
and will not be served in disposable cups.
Councilmember Johnson asked the Acting Police Chief if there are many alcohol-
related incidents at the Park. Lt. Bill Watton explained that are occasional calls,
most of which are in the evening. Brady Cherry explained that if staff perceives
there to be a problem because of the beer and wine sales, they will notify NCI. If,
the problems are not resolved, staff can bring the contract back to Council with a
request that the privilege be revoked.
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Public Comments:
Terril Graham, 6205 Conejo Road, spoke in opposition to beer and wine sales at
the Back Porch Cafe and asserted that the City should not authorize a public
facility to serve alcoholic beverages. He suggested that the request be denied and
the rent lowered to assist the operator.
Ray Jansen, 6655 Country Club Drive, agreed with Mr. Graham and concluded the
that the sale of alcoholic beverages in the park contradicts the public's character.
Denise Hughes, 7720 Cortez, manager of Back Porch Cafe, spoke in favor of the
request and explained that the caf6 is primarily a training facility for people with
disabilities. She reported that NCI must find a way to make the business viable
and pointed out that alcohol is already allowed in the park. She indicated that she
does not feel a nine-table cafe will create a problem and assured the Council that
the restaurant will enforce strict guidelines regarding alcohol consumption.
---end of public testimony---
Council discussion followed. Mayor Highland commented that there has been
alcohol in the park for over thirty years. NCI has done a great job, he said, and
they are providing needed training services. The Mayor suggested that the
Council approve the contract amendment, but find a way to exclude the beer and
wine from the 15% the City receives as payment for rent. There was mutual
agreement in support of the Mayor's suggestion. Councilmember Luna inquired
whether or not this action would require that the contract be revised. Brady
Cherry indicated that staff can amend the agreement to include language reflecting
that direction from Council
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to adopt Resolution No. 72-96, as amended; motion passed
unanimously by roll call vote.
The Mayor called a recess at 8:20 p.m. The meeting reconvened at 8:32 p.m.
3. CONSIDERATION OF A RECOMMENDATION FROM THE PARKS &
RECREATION COMMISSION TO ESTABLISH A MAINTENANCE
ASSESSMENT DISTRICT FOR THE CHARLES PADDOCK ZOO AND
ATASCADERO LAKE PARK
A. RESOLUTION NO. 76-96 - Initiating proceedings to form a
maintenance assessment district for Atascadero Lake Park, Charles Paddock
Zoo and Atascadero Lake Park Pavilion
(Parks & Recreation Commission recommendation: Adopt)
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Brady Cherry provided an in-depth staff report summarizing the issues and revenue
options for the Charles Paddock Zoo. He explained that if the Council agrees to
form an assessment district, revenues received will be used to supplant the
General Fund. Savings from the General Fund that now go to the zoo and park
would then be used to repair streets, he proposed. Mr. Cherry also noted that the
Council may wish to defer action and take the matter to the voters during a special
election in 1997.
Council discussion followed regarding the "Joel Fox initiative and how it will
impact cities if it is passed in November. The City Attorney also provided an
overview of the assessment district process and responded to questions.
Individual remarks followed. Mayor Highland commented that the zoo's budget
has been unrealistic for sometime. There is a misconception, he said, that funding
has decreased, but pointed out that, in fact, the General Fund makes up the
difference each year for the zoo's deficit. The City is still supporting the zoo at a
level higher than $70,000, he articulated. The Mayor spoke in favor of forming
the assessment district and commented that it will provide an opportunity to
determine how many folks in the community really do support the zoo.
Brady Cherry responded to questions from Councilmember Luna about the number
of visitors annually. -He pointed out that in addition to entry fees there are other
types of revenue generated at the zoo and emphasized that the zoo is cost-
effective considering what the City invests. Councilmember Luna asked staff if
any consideration has been given to developing a formula similar to the Chamber
of Commerce and SLO County Visitors Conference Bureau. Brady Cherry reported
that the Parks & Recreation Commission looked into requesting a portion of the ,
transient occupancy tax, but decided against it. He noted that staff has requested
that the County provide some reimbursement for educational benefits of the zoo
based upon the number of school children outside of the City of Atascadero.
Andy Takata noted that information is gathered about visitors to determine where
people are coming from when they visit zoo. Councilmember Luna said he wants
to see this information and encouraged additional studies and research.
Brady Cherry summarized issues relevant to privatization and, as a final option,
closure of the zoo. .
Councilmember Luna inquired as to the predicted costs associated with forming
the proposed assessment district. Brady Cherry reported that a contract
assessment engineer would have to be hired and speculated the preliminary study
would cost $20,000. Art Montandon clarified that a special election to pass a
special tax requires a two-thirds vote and added that the assessment district
process requires two mailings of public notices, which would add to the cost.
Brady Cherry responded to additional Council questions regarding zoo membership
revenues (which average 595,000/year), business sponsorships (a good idea;
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would require the adoption of a policy) and fund-raising efforts (Mr. Cherry
clarified that the Zoo Society is all volunteer and a professional fund-raiser requires
a contingency)•
Councilmember Bewley commented that the assessment district concept would tax
only the property owners and pointed out that it is not just property owners who
use and enjoy the zoo. He suggested that if an assessment district is placed on
the ballot, that the question take another form. He emphasized the importance of
determining what is important to the citizens of Atascadero.
Public Comments:
Rush Kolemaine, 4580 Potrero, proposed that the Parks & Recreation Commission
may have a conflict of interest because many of them are members of the SLO
County Zoological Society. He commented that the assessment district would not
be successful if each property owner is charged the same amount, despite their
income, and suggested that the assessment be by valuation of the property. Mr.
Kolemaine remarked that he has a problem with pursuing the assessment district
unless there is a clear indication from the Zoo Society about why they won't
accept full responsibility for the zoo when they insist on telling the City how to run
it.
Lee Swam, 9065 Lakeview Drive, spoke in favor of the proposal to pursue some
type of outside support for zoo. He read a letter which was received by the
Atascadero Community Services Foundation pledging $50,000 to the zoo by the
Buttles Family Trust of Avila Beach, with an additional $10,000 pledge to the SLO
County Zoological Society to be funded in January 1997. Mr. Swam noted that
this pledge could be used as seed money for establishing a long-term endowment
fund, a form of privatization.
Mike Blackburn, resident of Atascadero speaking on behalf of Mike Phillips, said
that Mr. Phillips is still interested in negotiating the privatization of the zoo.
Robert Nimmo, 7375 Bella Vista Road, commented that the zoo is an important
City attribute, but explained that City officials must answer the following
questions: "Can a small urban community afford a zoo?" and "If we're going to
ask people to vote to increase taxes, for what purpose do we ask for the
increase? He commented that the City may not be able to afford the luxury of
keeping the zoo open if it cannot maintain the essentials and pointed out that
streets all over town are falling apart. Mr. Nimmo contended that if the City
Council decides to put the assessment district on the ballot, than it should give the
voters a choice about how the money will be spent.
Leo Korba, 10905 Santa Ana Road, spoke in favor of considering the option of a
utility tax because it includes everyone. The money, he added, can be used to
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fund the zoo, streets and others services. Councilmember Luna asked the City
Attorney whether or not a utility tax adopted by the City Council would have to be
ratified by a vote of the people, as a result of Proposition 62 (the "Santa Clara vs.
Guardino decision"). Art Montandon advised that it probably would, but clarified
that the decision is still being litigated.
Jim Williamson, 10615 Realito, commented in favor of the assessment district and
recommended approval. He said that deferring the matter to an election will only
delay action and increase the costs to form the district.
Terril Graham, 6205 Conejo Road, protested adoption of an assessment district
and spoke in favor of taking the matter to the vote of the people.
Paul Hood, 2755 San Fernando Road, commented that as a member of the Zoo
Society Board and Vice Chair of the Parks & Recreation Commission, he believes
that the formation of an assessment district is the best option for providing
funding'to the zoo, lake park and pavilion, with or without a vote.
Rich Scheider, resident and President of the SLO County Zoological Society, asked
the City Council to keep in mind that the Society is all volunteers. He provided a
report on the numbers who have visited the zoo in recent years and summarized
the educational outreach program that is conducted by the Society. He indicated
that he supports the assessment district formation.
Bill Zimmerman, 6225 Lomitas, argued that the zoo is not luxury, but an
important part of what the community is all about. He spoke in support of placing
the matter on the ballot so that the public can decide whether or not they wish to
subsidize the zoo.
Tanny Smida, 14505 San Miguel Road in Atascadero, reported that she had
recently written an open letter to the community seeking support for the zoo and
urged the City Council to find a way to keep and maintain it.
Bob Johnson, 3985 Rosita Avenue, emphasized that the zoo is a economic draw
to the community and urged the Council to protect and develop it.
Ray Jansen, 6655 Country Club Drive, asked if the assessment was a straight
sum per parcel or proportional to property value. Brady Cherry explained that the
preliminary estimate would be developed as part of the engineer's report. Art
Montandon added that legally an assessment must be placed upon the property
based on benefit and added that it cannot be calculated on the valuation of the
property.
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Brian Yellan, 5660 San Jacinto, remarked that he supports either an assessment
district or utility tax to ensure that Atascadero does not lose a valuable and
educational tool for children.
Barbie Butz, 3370 San Fernando Road, provided statistics regarding the use of the
zoo by children and adults. She indicated that as a member of the Parks &
Recreation Commission she supports the assessment district formation.
Lois Ramont, 9154 Palomar, commented that as a zoo supporter, she would hate
to see it commercialized or privatized. After looking at the budget, she said, it is
easy to see that the City doesn't have enough revenue. She urged the Council to
take action to enhance revenues and mentioned that she supports the theory that
residents should pay for the services they receive.
---end of public testimony---
Council comments followed. Mayor Highland pointed out that the city has lost
considerable money to the State, emphasized that only 16% of what the taxpayers
pay is actually received by the City and noted that services have stayed the same.
He said that the Council needs get an indication from the community about what
services they are willing to give up and what their priorities are.
Councilmember Luna proposed that the City continue to fund the zoo until the
question can be put on the ballot. In the meantime, he said, he would like staff to
research a formula similar to the Chamber's. Councilmember Luna also criticized
staff for waiting too long to bring the matter to Council and missing the
opportunity to place it on this year's ballot.
Councilmember Johnson said he is reluctant to take action on a single revenue
issue at this time and wants to review other options. Councilmember Bewley
agreed and indicated that he is not supportive of forming an assessment district
for the zoo when the City has other serious problems like streets. Councilmember
Carden concurred and added that it is imperative that the City finds out how
residents feel on all the issues.
Brady Cherry suggested that a survey be conducted, perhaps through the local
newspaper, as a method for polling residents countywide about the zoo and
reported that there have been several offers by others to pay for the cost of the
survey. Mayor Highland commented that surveys do not usually yield a good
response and added that a vote of the people is the only valid way to get the
input.
Council requested that this matter, along with other revenue enhancement
proposals, come back with the budget. There was consensus to take no action
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on the resolution. In addition, Council requested that staff bring back a realistic
budget for the zoo.
4. ORDINANCE NO. 307 - Amending Section 4-2.1008 and adding Sections 4-
2.1009 and 4-2.1010 to the Atascadero Municipal Code, prohibiting
skateboard and roller skating on public property
(Staff recommendation: Adopt on second reading)
Art Montandon provided the staff report and noted that the Traffic Committee
would be reviewing recommendations for posting public areas in the downtown.
Councilmember Carden commented that he had seen a map representing staff
recommendations for posting and cannot support it because it looks like a total
ban. Councilmember Luna agreed and asserted that there has to be some
corridors to allow traveling to and from schools.
MOTION: By Councilmember Luna seconded by Councilmember Johnson
to adopt Ordinance No. 307 on second reading; motion passed 5:0 by roll
call vote.
D. COMMITTEE REPORTS - The following represent standing committees.
Informative status reports were given as follows:
1. Council of Governments - Councilmember Carden reported that COG will be
reviewing a recommendation to approve an additional $1 .00 tax per vehicle
for call boxes, a project totaling approximately $190-200,000 per year. He
note that this will bring the vehicle registration fee up to $5.00 and that he
will vote in opposition.
2. Nacimiento Water Advisory Board - Mayor Highland reported that the board
had met on August 7" and had reviewed financial data prepared by a
consultant. He noted that he had placed this information on the Council
counter for review.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Highland requested a projected time-frame for starting and implementing
bike lanes. Andy Takata reported that prior to going to bid, public forums will be
held to get input from the community, particularly because of parking impacts. It
was noted that the City Engineer plans to be bringing the plans forward around
October and prior to the deadline in February of 1997. Councilmember Carden
mentioned that COG had just voted to extend some time-lines and suggested that
staff inquire about that action.
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Councilmember Johnson reported that he will be out of the region for
approximately two weeks and will miss the second meeting of the month of
August. Councilmember Carden noted that he, too, would be on vacation during
the same time period and would also miss the same meeting.
2. City Clerk
Lee Price reported that the City-sponsored test claim for reimbursement of costs
associated with a State mandate had been denied by the Commission on State
Mandates at their formal hearing on July 27th. A copy of the denial would be
placed in their boxes, she added.
The City Clerk also requested that the City Council agree to interview candidates
for the Traffic Committee on Tuesday, August 27" at 6:00 p.m. The City Council
so agreed.
3. City Manager
Andy Takata reported that Councilmember Johnson had shared with him some
concerns regarding the Paso Robles site selected to be the location for the North
County campus of Cuesta College. Brief discussion ensued. The City Council
directed staff to draft a letter for the Mayor's signature expressing concern about
the chosen sight and requesting that consideration be given to a different location.
At 10:40 p.m., the meeting was adjourned to Closed Session. The Closed Session
was adjourned at approximately 11 :00 p.m. to a special Closed Session on
Wednesday, August 14th at 7:00 p.m.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, C.M.0
CITY CLERK
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