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COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Regular Meeting
December 16, 2009
O
OPEN FORUM
Open Forum provides a person an opportunity to inform the Council of a problem or to request
information related to City business not scheduled for Council action and not on the agenda.
Persons must limit remarks to two (2) minutes.
The following were present: Mayor Myron Bailey, Council Member Pat Rice, Council Member
Jan Peterson, and Council Member Justin Olsen.
The following were absent: Council Member Mark Grossklaus
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda
Peper, Financial Analyst; Robin Roland, Finance Director; Howard Blin, Community
Development Director; Corrine Heine, City Attorney- Kennedy & Graven; Craig Woolery, Public
Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director.
Mayor Bailey opened Open Forum at 7:15 p.m., and asked if anyone in the audience wished to
address the City Council on any topic not on the agenda.
Ron Detzler, 8635 Hamlet Avenue South, Cottage Grove, asked Council if they were looking at
any type of recreational development for the youth of the community and if there was anything
the young can do to help. Mayor Bailey stated the Council has already formed a Community
Center Task Force and are trying to attract businesses such as in the entertainment area that
would be of value to the youth in Cottage Grove. Council Member Olsen stated there are youth
seats on our advisory commissions, such as the Parks, Recreation and Natural Resources
Commission, and he invited Mr. Detzler to consider submitting his application.
There being no further comments from anyone in the audience, Mayor Bailey closed Open
Forum to the Regular Meeting.
CALL TO ORDER - Regular Meeting
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular
meeting on December 16, 2009 at the Cottage Grove City Hall, 7516 80 Street South. Mayor
Bailey called the meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
The audience, staff and the Mayor and Council Members pledged allegiance to the flag of the
United States of America.
Cottage Grove City Council ry
December 16, 2009 Regular Meeting G
ROLL CALL
The following were present: Mayor Myron Bailey, Council Member Pat Rice, Council Member
Jen Peterson, and Council Member Justin Olsen
The following were absent: Council Member Mark Grossklaus
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Brenda
Peper, Financial Analyst; Robin Roland, Finance Director; Howard Blin, Community
Development Director; Corrine Heine, City Attorney- Kennedy & Graven; Craig Woolery, Public
Safety Director; Jennifer Levitt, City Engineer; and Les Burshten, Public Works Director.
Mayor Bailey presided over the meeting
1. ADOPTION OF AGENDA
Mayor Bailey amended the agenda to consider item 8.6, conditional use permit to allow
the installation of a wind turbine at 6749 Geneva Avenue, followed by item 8.A, consider
adoption of the 2010 -2014 Capital Improvements Program.
MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER OLSEN,
TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 4 -0.
2. PRESENTATIONS
A. Girl Scout Gold Award - Rose Caswell
The Mayor and Council presented a plaque to Rose Caswell for attaining the Girl
Scout Gold Award. Ms. Caswell stated she planned and organized a walk in the
City of Newport promoting health and fitness.
B. 2009 Holiday Lighting Contest Award - Steve and Melinda Weber
Management Analyst Voelker presented the 12 nominations for the City's 1 st
Annual Holiday Lighting Contest and noted that the South Washington County
Bulletin co- sponsored the event.
Mayor Bailey announced the winner of the 2009 Holiday Lighting Contest and he
and the Council presented the award to Steve and Melinda Weber of 7135
Hidden Valley Trail South.
3. APPROVAL OF MINUTES
A. November 4, 2009 Regular Meeting
There being no amendments to the minutes, Mayor Bailey stated the minutes of
the November 4, 2009 meeting stand approved as presented.
Cottage Grove City Council
December 16, 2009 Regular Meeting
B. November 18, 2009 Regular Meeting
There being no amendments to the minutes, Mayor Bailey stated the minutes of
the November 18, 2009 Regular Meeting stand approved as presented.
4. CONSENT CALENDAR
Council Member Rice pulled item I and thanked 3M- Cottage Grove for their $500.00
donation to the Cottage Grove Police Department for the purchase of youth crime
prevention materials.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO:
A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES:
i. PLANNING COMMISSION MEETING OF OCTOBER 26, 2009.
ii. ECONOMIC DEVELOPMENT AUTHORITY MEETING OF NOVEMBER
10, 2009.
iii. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
MEETING OF OCTOBER 12, 2009.
iv. ADVISORY COMMITTEE ON HISTORIC PRESERVATION MEETING
OF MAY 12, 2009.
B. APPROVE THE RENEWAL AND ISSUANCE OF LIQUOR LICENSES FOR 2010
TO THE FOLLOWING BUSINESSES: AMERICAN MOTORSPORTS BAR AND
GRILL, APPLEBEE'S NEIGHBORHOOD GRILL & BAR, BOONDOCK'S BAR &
GRILL, CARBONE'S PIZZERIA, CEDARHURST, CUB FOODS, DENNIS
BROTHERS LIQUOR, G -WILL LIQUORS, HOLIDAY #3870, LAS MARGARITAS
MEXICAN RESTAURANT, MGM WINE & SPIRITS, MISSISSIPPI DUNES GOLF
LINKS, RAINBOW FOODS, RIVER OAKS GOLF COURSE, RUBY TUESDAY,
SHAMROCK LIQUORS, SUPERAMERICA #4183, TOP TEN WINE & SPIRITS,
AND VFW POST #8752.
C. AUTHORIZE STAFF TO ENTER INTO A TWO -YEAR SERVICE AGREEMENT
WITH BIXBY PORTABLE TOILET SERVICES TO PROVIDE PORTABLE
RESTROOMS AT MUNICIPAL PARKS THROUGHOUT THE CITY AND AT THE
RIVER OAKS GOLF COURSE.
D. ADOPT RESOLUTION NO. 2009 -204 A RESOLUTION ACCEPTING THE
DONATION OF LABOR, MATERIALS, EQUIPMENT AND SERVICES FROM A-
1 EXCAVATING & RECYCLING, INC., RELATED TO THE CRUSHING OF
ROCK INTO APPROXIMATELY 10,000 CUBIC YARDS OF NON - COMPACTED
ROCK MATERIALS FOR THE HAMLET PARK POND PROJECT.
E. ADOPT RESOLUTION NO. 2009 -205 A RESOLUTION ACCEPTING A $130.00
GRANT FROM THE MINNESOTA HISTORIC SOCIETY TO FUND THE
ATTENDANCE BY JOHN M. BURBANK AT THE 2009 STATE HISTORIC
PRESERVATION CONFERENCE.
Cottage Grove City Council
December 16, 2009 Regular Meeting `t
F. APPROVE THE BONESTROO, SEH AND WSB 2010 RATE SCHEDULES FOR
MUNICIPAL SERVICES.
G. ADOPT RESOLUTION NO. 2009 -206 A RESOLUTION CERTIFYING
DELINQUENT UTILITY BILLS TO THE PROPERTY TAX ROLLS FOR
PAYABLE 2010.
H. ADOPT RESOLUTION NO. 2009 -207 A RESOLUTION DESIGNATING
DEPOSITORIES FOR CITY FUNDS AND AUTHORIZE THE INVESTMENT OF
SURPLUS FUNDS FOR 2009 AND 2010.
I. ADOPT RESOLUTION NO. 2009 -208 A RESOLUTION ACCEPTING THE
DONATION OF $500 FROM 3M- COTTAGE GROVE TO THE COTTAGE
GROVE POLICE DEPARTMENT FOR THE PURCHASE OF YOUTH CRIME
PREVENTION MATERIALS.
J. ADOPT RESOLUTION NO. 2009 -209 A RESOLUTION AUTHORIZING THE
ACCEPTANCE OF OUTLOT A, GLEN GROVE INDUSTRIAL PARK 2 ND
ADDITION.
K. APPROVE THE MEMORANDUM OF AGREEMENT WITH NORTHEAST
METRO 916 FOR EMERGENCY MEDICAL SERVICES STUDENT RIDE -
ALONG FOR THE PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31,
2012.
L. RECEIVE INFORMATION ON THE BWSR CLEAN WATER FUND GRANT
SUBMITTALS.
MOTION CARRIED. 4 -0.
5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None.
6. PUBLIC HEARINGS -None.
7. BID AWARDS - None.
8. UNFINISHED AND NEW BUSINESS
A. Consider an Application for a Conditional Use Permit to Allow the Installation of a
Wind Turbine at 6749 Geneva Avenue South
Community Development Director Blin summarized the application of John
Kooyman for a conditional use permit to install a 10 kilowatt wind turbine on his
property located at 6749 Geneva Avenue South. He noted that the tower would
be 100 feet in height and the blades 13 feet in length, and complies with the
height and setback requirements within the City Code; however, there is a
question as to whether it meets the noise standards in the City Code.
Community Development Director Blin stated the Planning Commission held a
public hearing and while they recommend approval of the application, there were
Cottage Grove City Council 5
December 16, 2009 Regular Meeting
some issues raised at the hearing that staff has done further research on,
particularly in regard to noise. At the public hearing, the Planning Commission
heard from an adjacent property owner, John Bailey of Bailey Nurseries, who
objected to the application due to the impact that the generator would have on his
property values.
Community Development Director Blin stated that in addition to the performance
standards required for wind generators, the Council should consider the general
criteria required for a conditional use permit, which includes the impact that the
use would have on the adjacent property.
Community Development Director Blin stated that Staff has determined that when
the generator is operating at full speed, it would be at or above the City's noise
regulations. He stated that there are daytime (7:00 AM to 10:00 PM) and night
time (10:00 PM to 7:00 AM) regulations. The daytime maximum ambient noise
level is 60 decibels and the nighttime maximum is 50 decibels for noise
measured at the property line. He stated it appears the noise generated by this
turbine will exceed the noise standards that the City has adopted for adjoining
residential properties.
Community Development Director Blin stated that Staff reviewed literature and
scientific studies on wind generator noise. He stated that there are two (2)
sources of noise, one is the generator itself and the other is the sweep of the
blades. The best rule of thumb that Staff could find in a study suggested that the
distance from the generator to the nearest resident should be no closer than
three (3) times the height or in this case 113 feet. This means there would be
noise issues for anything closer than 339 feet. Mr. Blin stated as the property
develops to the north, there would be houses located within that 339 foot range.
Community Development Director Blin stated the Council has two (2) options to
consider. One is to direct Staff to prepare a resolution to approve the conditional
use permit and the second is to direct Staff to prepare a resolution for denial. In
either case, Staff would return at the January 6, 2010 regular meeting, with a
resolution.
Mayor Bailey asked Council if they had any questions for Staff at this time. There
being none, he asked if the applicant would like to speak.
The applicant, John Kooyman, 6749 Geneva Avenue South, Cottage Grove,
stated he would like to clarify some questions the Council may have regarding
noise levels, view lines, and property values.
Kooyman distributed an article from the Minnesota Pollution Control Agency's
(MPCA) website. He stated on the first page it indicates that when you are
testing noise levels, it needs to be done during a relatively calm period. The
thought there is if you are measuring the sound while it is running at its maximum
and you are also pointing your decibel meter at some trees, the trees will typically
register more noise than the turbine. Kooyman stated that this unit will register 16
decibels at their property line during a 13.5 mile an hour wind, which is the
average wind speed in Cottage Grove. This unit does not start up until the wind
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December 16, 2009 Regular Meeting V
speed reaches about 4 mph and it will produce between zero and 16 decibels of
noise during relatively calm periods. The 16 decibels is well below the MPCA
nighttime requirement of 50 decibels. Kooyman stated in his opinion, he is 100%
in compliance with all of the conditions of the Cottage Grove Wind Generator
ordinance.
Kooyman stated he took photographs (distributed to Council) all around the
Bailey Nursery property to show Council what you see.
• Photograph A was taken at the Bailey property line facing south and
shows the water tower, a communication tower, and a cell phone tower.
• Photograph B was also taken from Geneva Avenue and points to the Pine
Arbor subdivision where you can see some power lines and another water
tower.
• Photograph C was taken from Geneva Avenue and shows the water tower
on 70` Street.
• Photograph D was taken off of 65 Street and is pointing at the Pine Arbor
subdivision and shows the power lines and a water tower.
• Photograph E was taken from where the wind turbine would be located,
the border line between Bailey's and their property, and shows the top of
the cell phone tower on Geneva Avenue.
• Photograph F was taken at the corner as the first one pointing up in the air
and it shows that the cell phone tower visible from the corner of Bailey's
property.
Kooyman stated there are quite a few structures visible from the Bailey property,
and in his opinion, people get used to seeing things, such as water towers,
communication towers, and wind turbines.
Kooyman stated he did some research on Mr. Bailey's claims that a wind turbine
would decrease the value of his property and he found two (2) major U.S. studies.
The first study was conducted in 2002 called the "Renewal Energy Policy Project"
which studied comparable home sales before and after wind projects were
brought on line. The conclusion of the study was that there was not support for
the claim that wind turbines will harm property values. In another study
conducted in 2009 by Berkley Labs, neither the view of a wind energy facility or
the distance of a home to those facilities was found to have any measurable or
significant effect on the selling price of nearby homes. Kooyman stated he does
not foresee that his project will have any negative impact on the sale of Mr.
Bailey's property.
Kooyman distributed another handout which was printed from Bailey Nurseries
website entitled "Who We Are ". It seems very inconsistent to him that a company
that says they are pro- environment would be so against a project such as his.
Council Member Peterson asked Kooyman if he knew the heights of the
structures in his photographs. Kooyman stated that Senior Planner McCool
mentioned at a prior meeting that he thought the water tower was about 110 feet
in height and his turbine would be about 113 feet high. The cell phone tower at
Cottage Grove City Council
December 16, 2009 Regular Meeting
the end of Geneva Avenue is about 154 feet tall
Council Member Olsen stated in looking at the noise report that Kooyman
distributed, it states that the model you are interested in purchasing is the Model
10K. He stated the average wind speed in Cottage Grove of 13.5 miles per hour
equates to 30.6 decibels at 39 feet away from the tower. At a wind speed of 26.84
miles per hour, you would be looking at 59.4 decibels, is that correct? Kooyman
responded at 39 feet that is correct. Council Member Olsen stated that he has not
done the math, but there is a stage at which three (3) levels up from the 13.42
miles per hour, we break that magical 50 decibels. He asked Kooyman, do you
agree with that and that is an accurate reading of the data. Kooyman responded
that the one thing with the decibel readings is they do diminish with distance. At
the 130 -foot setback, the distance from the tower to the point on the ground
would be 164 feet or 50.58 decibels at that property line.
Council Member Olsen stated he is trying to comprehend the data presented by
the applicant in comparison to the Planning Department, who measures the
decibel level at a maximum wind speed. Community Development Director Blin
confirmed that for any noise generator, you would look at the peak noise
generation. Council Member Olsen stated in the data from Kooyman it indicates
that you look at measuring decibel level at relatively calm weather. Council
Member Olsen asked which is correct. Kooyman indicated that the Cottage
Grove City Ordinance followed the MPCA guidelines. Community Development
Director Blin clarified that the guidelines call for measuring noise two (2) different
ways, one is there is an L10 which means 10% of any hour the noise generator
cannot exceed that 50 decibel level. There is an L50 level of 50 decibel which
means 50% of any hour you cannot be above that level.
Kooyman commented that he did some research on weather patterns in Cottage
Grove, to determine how many days the wind gusts would exceed 26.8 miles per
hour and he found out it would be about 28 days. Of those 28 days, the number
that occurred during nighttime hours was about one -half. If you want to look at it
that way, less than 10% of the days of the year that we would have wind gusts
that would make this unit exceed this speed.
Council Member Peterson stated that during those extremely windy days when
the generator is likely to create more noise, he asked Kooyman if he would shut
down the generator. Kooyman stated that certainly is an option.
Mayor Bailey asked what made you decide on the height and the size of the
blades. Kooyman responded that the dealer, Matt Stubnick, came out and
conducted an onsite analysis and recommended the height and the unit.
Matt Stubnick, 4924 3` Avenue South, Minneapolis, MN, stated that due to the
applicant's location in an urban setting, we want to maximize the hub height as
far as they can go so that the customer can get the maximum amount of
production for his dollar. Regarding the blades, Mr. Stubnick stated the 13 -foot
blades are part of the package for the 10 kilowatt system. He stated that when
you stand next to a wind generator, it will definitely make some noise on a windy
day and only about 10% of the time will the noise level exceed 50 decibels.
Cottage Grove City Council p
December 16, 2009 Regular Meeting
Council Member Rice asked Mr. Stubnick how long he has been selling these
units and Mr. Stubnick responded that they have been in business for two (2)
years.
Council Member Rice asked Mr. Stubnick how many urban wind turbines are
there in the metropolitan area. Mr. Stubnick responded that 13 cities got together
and bought some refurbished units and you see them in Faribault and North St.
Paul.
Community Development Director Blin stated that in addition to the testimony
they heard at the Planning Commission meeting from the applicant and John
Bailey, Staff talked to some local realtors and asked the question, "do you think
this would be a detriment to future development of the surrounding property and
without hesitation they said yes. What they cited was it was not so much the
height of it, it is the fact that it moves, it's a moving piece of machinery that would
distract the most immediate neighbors.
Mayor Bailey asked if there was anybody else who would like to speak on this
item.
John Bailey, 1345 Bailey Road, Newport, and representative of Bailey Nurseries,
stated he spoke in front of the Planning Commission and he reiterated some of
the points he made then.
Jamie Bertel, 1400 Marshall Avenue, St. Paul Park, MN stated she was in
support of Mr. Kooyman's conditional use permit application, commenting that he
should be commended for his efforts to conserve energy.
Council Member Olsen stated he would like to table this application until the
entire Council is present.
Community Development Director Blin stated Staff is looking for direction from
Council on preparation of a resolution to approve or deny the application, which
would then be placed on the next Regular Meeting agenda for final adoption.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER
PETERSON, TO TABLE THE APPLICATION TO THE NEXT REGULAR
COUNCIL AGENDA. MOTION CARRIED. 4 -0.
B. Consider Adoption of 2010 -2014 Capital Improvements Plan
Financial Analyst Brenda Paper summarized the 2010 through 2014 Capital
Improvements Plan (CIP) stating the CIP is a five -year planning device and
includes capital expenditures over $15,000. Some of the projects identified for
2010 include:
i. 65`" Street South (County Road 74) for reconstruction of road to four -lane.
The City received information from Washington County this week that the
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December 16, 2009 Regular Meeting 7
project has been scaled back to a $1.2 million project and will be 100%
County funded.
ii. Pine Cliff 2 nd Addition, Phase II, a $2.2 million project funded 100% by
developer.
iii. River Acres Pavement Management District funded by levies, Special
Assessments and Storm Water Utility Funds.
iv. Seal Coating and Crack Sealing totaling $608,000 funded by the Seal
Coating Special Revenue Fund.
v. Storm Water Improvement Project totaling $246,000 funded by the Storm
Water Utility Fund.
vi. Well No. 7 Converting from Diesel to Gas totaling $150,000.
vii. Pulling Well No. 3 for $65,000
Financial Analyst Paper stated that there are other projects for 2010 that
were approved by Council at the last regular meeting as part of the 2010
Adopted Budget.
Financial Analyst Paper stated the City received a bond rating increase by
Moody's this year to an AA2 and our next target is to attain an AA1 rating.
She stated that staff talked to Ehlers & Associates, and some of the
criteria Moody's looks for are: Net debt at or under .80% of full market
value; Debt per capita at or under $936 per capita; and Debt levy as a
percent of operating expenses at or under 15 %.
Financial Analyst Peper briefly reviewed the criteria and the future debt for
pavement management projects, public facilities and its effect on the
City's levy and tax rate.
Financial Analyst Paper stated in summary, the CIP serves as a work plan
for 2010 and 2011 and all projects would be brought back to Council
before proceeding with feasibility studies, acquisition, and construction.
She stated the action requested this evening is to adopt the resolution
approving the comprehensive plan amendment to the City's
Comprehensive Plan 2020 to incorporate the Capital Improvements
Program.
Mayor Bailey asked if Council had any questions
Mayor Bailey questioned why the 65`" Street project cost estimate has
been reduced by the County. City Engineer Levitt stated initially we were
not sure of the scale and scope of the work to be undertaken, Washington
County has since proceeded into preliminary design work and has put
together real numbers. City Engineer Levitt confirmed that the project will
bring the road up to our standards.
MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL
MEMBER PETERSON, TO ADOPT RESOLUTION NO. 2009 -210 A
RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT
TO THE CITY'S COMPREHENSIVE PLAN 2020 TO INCORPORATE
THE CAPITAL IMPROVEMENTS PROGRAM (CIP).
Cottage Grove City Council i
December 16, 2009 Regular Meeting t
Council Member Rice commented that one of the power point slides
showed the estimated total tax rates and in the next 11 -12 years, it
increases by 1.3 %. He noted that for years we have been trying to keep it
in the 35 to 38 range and it looks scary to him and for future Councils.
City Administrator Schroeder stated that the Council has a strategic
planning and goal setting session coming up in January 2010 and we are
anticipating at this time that part of that day will be devoted to fiscal issues
and policies and we would intend to talk about that sort of thing.
UPON A VOTE BEING TAKEN, MOTION CARRIED. 4 -0.
9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None.
10. COUNCIL COMMENTS AND REQUESTS
Mayor Bailey stated that the Holiday Train event raised over $53,000 for the local food shelf
and he thanked all that had attended and contributed toward the event.
Mayor Bailey noted that there are advisory committee and commission openings and
invited interested individuals to submit an application. Interested parties can obtain the
application from the City's web site or by calling the City offices.
Mayor Bailey stated that the City is looking for citizen input to point out some of the great
amenities we have in Cottage Grove and those amenities could be a trail, buildings,
businesses, gardens, or events. If interested in entering some photographs, go to the City's
web site or email it to ksmith @cottage - grove.org.
Mayor Bailey stated the City is also accepting photographs for the annual photo contest.
Information is on the City's website or in the utility bill.
Mayor Bailey announced that citizens of Cottage Grove on January 2 and 9 can dispose of
their Christmas trees at the compost site and that it will cost $1.00 per tree (or free if you
bring in a canned good to be donated to the local food shelf).
Council Member Peterson asked residents to keep an eye on driveways getting icy. She
commented she and her son came across an incident on Hillside Trail where a gentleman
had fallen in his driveway and was injured. A neighbor heard him calling out and stopped by
to see if he could help him and called 911. She asked that everyone keep an eye out for
their neighbors.
11. PAY BILLS
MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER
PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 165251 THROUGH
165423 TOTALING $589,378.25. (CHECK NUMBERS 165251 THROUGH 165277
TOTALING $190,370.64 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION
CARRIED. 4 -0.
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December 16, 2009 Regular Meeting 9
12, WORKSHOP SESSION - OPEN TO PUBLIC - None.
13. WORKSHOP SESSION - CLOSED TO PUBLIC - None.
ADJOURNMENT
MOTION BY COUNCIL MEMBER RICE, SECONDED BY COUNCIL MEMBER PETERSON,
TO ADJOURN THE REGULAR MEETING AT 8:40 P.M. MOTION CARRIED. 4 -0.
Respectfully submitted,
Caron M. Stransky
City Clerk