HomeMy WebLinkAbout1996 02 07 CC MIN1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL
14403 EAST PACIFIC AVENUE, WEDNESDAY,
FEBRUARY 7,1996
The City Council of the City of Baldwin Park met
in regular session in the Council Chambers at
7:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOWES, LOZANO,
MARTINEZ, MUSE, AND MAYOR VARGAS
ALSO PRESENT: City Atiomey Bower1
Dir. of Administrative Services Yeats,
Acting Chief of Police Cisneros,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
Acting Chief of Police Cisneros introduced Police Officer Frank Seminaris and told of his
background and education. City Clerk Gair administered the Oath of Office to Officer
s.mlnarl8.
City Clerk Gair Introduced New Employee, Code Enforcement Officer Marcos Mendez
and told of his education and background.
00
ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and invited those wishing to
speak on any subject to come forward.
Ailene Pinheiro, 13009 Amar Rd., stated that Captain Cisneros was a former student,
and that she recently attended a 6Oth birthday party for a former student. She also
stated that Bessie Schultis has passed away, a memorial fund has been established,
and a plaque will be placed in the Museum in Memory of Bessie Schultis. She told of
the influence of the Schultis Family in Baldwin Park.
Bill Van Cleave, 13232 Emery, stated that Mr. Bill's Hardware would host the
Chamber Mixer on the 15th. He also stated that the Maine Street Committee had
met and discussed the traffic problems on Maine Avenue. He further stated that he
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1996
looks forward to the State of the City
Anthony Bejarano, 3508 Big Dalton, requested a stop sign be installed at Channing and
Big Dalton, and he presented a signed petition to the City Clerk. He also requested
sidewalks be installed on Merced and Big Dalton. There are three schools in the area
with a number of children crossing the streets on the way to the schools. He feels the
stop sign at Millbury and Channing is not needed.
Steven Bejarano, 3508 Big Dalton, stated that a friend was hit by a car and he
requested that a stop sign be installed at Channing and Big Dalton.
Jeanne Martens, 14847 Sierra Way, expressed her enthusiasm for the positive things
happening in the City, and that the real estate community has positive things to say
about Baldwin Park. She stated that she is looking forward to the State of the City
Address.
Larry Walton, 3802 Big Dalton, stated that he agreed that the police department should
be the finest and referred to hiring female officers, that females are intelligent and could
fill several positions in the City. He further commented on calling the police with a tip
that dmgs were being dealt on Big Dalton. He asked if Council had looked at all options
when evaluating the police department and suggested possibly using the Sheriffs
Department. If the City used the Sheriffs Department, they would book all prisoners in
their facilities, and be responsible for all the prisoners. He also invited everyone to the
Fashion Show at St. John's. He requested that Council expedite the item on the agenda
pertaining to the San Gabriel Water Authority.
Jaspal SonI, owner of 14353 E. Garvey, stated that before the holidays he had
appeared before Council and expressed the difficulties he was having in dealing with the
City Staff in trying to open his business. He has been directed to work with Public Works
Director Mousavi, that it is difficult to get in contact with Director Mousavi. He stated that
he presented the City with a bond for the driveway, and completed the Business License
Application. He asked why the business license has not been issued, because he has
a conditional use permit and that he wants to rent or lease those nine pads. He
demanded an answer from the City within 72 hours, or he will contact the news media,
and the Aftomey General's Office. He stated that he had already contacted the
Governor's Office and some other agencies.
Irene Test, 15115 Kenoak, requested the temperature in the swimming pool be set at
84 degrees, that the water has been no more than 75 degrees. She also stated that
several of the senior citizens use the pool for physical therapy.
There being no other speakers, Mayor Vargas declared Oral CommunIcations closed.
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1996
00-
CONSENT CALENDAR
The Consent Calendar consisted of the following:
1. Approval of Certificate of Posting for February 7,1996
2. Approve Minutes:
Regular Meeting January 17,1996
Study Session January 17,1996
3. Waive Further Reading and Adopt
RESOLUTION NO. 96-8 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
4. Deny Claims Against The City
Donna Underwood
Mark Seronko
5. Approve Award of Contract City Yard Roof Nelson Roofing, Inc.
6. Approve Agreement Air Conditioning Ducts Phone Room Honeywell,
Inc. Community Center
7. Approve Agreement Syhre Park FY 1996
8. Approve Agreement Supplemental Legal Services Brown, Winfield &
Canzoneri
9. Approve Award of Contract CDBG Sidewalk Program CIP 316 Gentry
Brothers, Inc.
10. Approve Appropriation of Funds Support Overtime Expenditures
Alcoholic Beverage Control ABC) Grant
11. Approve Appropriation of Asset Forfeiture Funds Support Purchase of New
Police Badges
12. Waive Further Reading and Adopt
RESOLUTION NO. 96-9 APPROVING THE FUNDS UNDER 5B821
AND APPROVING THE ADOPTION OF ITS
BICYCLE AND/OR PEDESTRIAN PLAN
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK FEBRUARY 7,1996
13. a) Approve Contract for Tree Planting Grant U.S. Government
b) Waive Further Reading and Adopt
RESOLUTION NO. 96-10 REGARDING THE DISTRIBUTION OF
GRANT FUNDS UNDER THE 1995
SMALL BUSINESS ADMINISTRATION
TREE PLANTING PROGRAM
Councilmember Muse removed Item No.11 for separate consideration
Mayor pro tern Martinez removed Item No.6 for separate consideration.
It was moved and seconded to approve Items No.1-5, 7-10 and 12-13. MIS/C:
MARTINEZ/LOZANO. Mayor pro tern Martinez abstained on Item No.3 due to a
possible conflict of interest.
Council discussed the incompatibility of the new telephone system at the Community
Center with the City Hall, and that Phoneby should have known that the telephone
system would require the air conditioning.
In response to Council, Director of Administrative Services Yeats stated that the funding
for the air conditioner would be General Fund Reserves and that he would look into
using Asset Forfeiture Funds. He also stated that the City did not have the money to buy
a new phone system for all the City buildings.
Mayor Vargas inquired if GTE Centrex had been considered as a phone system. He
stated that all options need to be explored, that the contractor should be responsible
to make the telephones work, and that it should be made clear to Phoneby that they pay
for the air conditioner.
It was moved and seconded to hold over Item No.6. MIS/C: VARGAS/LOZANO.
There were no objections.
Councilmember Muse stated that she is concerned about the concept design of the new
police badge with the City Hall Bell Tower as the focal point. The City has developed
a new marketing logo, which incorporates and reflects Baldwin Park. The Bell Tower
was an option as the logo for the City and it was rejected. She further stated that she
would rather see the $6,000 spent on lap top computers or other equipment for the
Police Department, rather than badges.
Councilmember Muse moved to deny approval of Consent Calendar Item No.11.
Motion died due to the lack of a second.
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1996
Mayor Vargas stated that the new badges have created a sense of excitement in the
Police Department, and that one of the officers has designed the badge.
Councilmember Lowes stated that she had not seen the new badge design.
It was moved and seconded to approve Consent Calendar Item No.11 as presented.
M/S/C: MARTINEZ/LOZANO. Councilmember Lowes objected.
Mayor Vargas adjourned the regular meeting' of the City Council at 8:20 p.m. to a
joint regular meeting with the Redevelopment Agency.
Zoo-
REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Director of Administrative Services Yeats requested the Baldwin Park Redevelopment
Agency Board and the City Council to authorize a series of transactions between
the Agency and the City to provide the cash requirements for property
acquisition for the Triangle Project. A Disposition and Development Agreement
was approved by the Agency Board and the Council on November 15, 1995. The
Agreement is between the Baldwin Park Redevelopment Agency, the City of Baldwin
Park, SDC Partners, Inc. and Dayton Hudson Corporation TARGET) and received
final approval by all parties on November 28th, 1995. The Agency is in the final stage
of acquisition and relocation, and our consultants have met with all the property
owners. 33% of the 41 parcels in the project are being processed. December 20,
1995 the Agency Board adopted a Resolution of Necessity, authorizing the filing of an
action in eminent domain. The next step in this process is the actual filing of eminent
domain complaints by the Agency and a us pendens notice is recorded on the
remaining parcels. In order to have sufficient cash on hand to close escrows on the
acquired properties or place deposits with the courts for properties to be condemned,
the Agency has a cash requirement of approximately $2,950,000. To assemble this
funding the following actions are required:
1. Authorize a loan from the City to the Sierra Vista Capital Projects Fund in
the amount of $750,000.
2. Authorization for the Sierra Vista Project Area Debt Service Fund to repay
the loan from the City.
3. Authorize a loan from the City to the San Gabriel River Capital Projects
Fund in the amount of $1 000,000.
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6
OF THE CITY OF BALDWIN PARK FEBRUARY 7,1996
4. Authorization for the San Gabriel River Project Area Debt Service Fund to
repay the loan from the City.
5. Authorize a loan from the San Gabriel River Capital Projects Fund to the
City in the amount of $1,000,000.
6. Authorize a loan from the City to the Sierra vista Capital Projects Fund in
the amount of $2,200,000.
These agreements require that the loans are repaid in one year and carry an interest rate
at the level the Agency and City receive on their investments in the Local Area
Investment Fund LAI F). Staff recommended that the Agency Board and Council direct
staff to execute the financing agreements and repayments as listed in the staff report.
He also stated that the City Attorney requested that the Financing Agreements, Recital
D be removed from each of the agreements.
In response to Councilmember Lowes, Director Yeats explained the funding sources, the
required indebtedness of the Agency, the repayment of the loans, the acquisition of over
$980,000 of property, that debt service funds pay debt capital project funds, and that
the bonds were refinanced at a lower rate, which reduced the outstanding debt on the
bonds.
It was moved and seconded to approve staff's recommendation to approve all six 8)
Financing Agreements. M/S/C: MARTINEZ/LOZANO. There were no objections.
It was moved and seconded to approve the Redevelopment Agency recommendation
to approve all six 6) Financing Agreements. M/S/C: MARTINEZ/MUSE. There were
no objections.
Mayor Vargas adjourned the joint regular meeting of the City Council and
Redevelopment Agency at 8:33 p.m.
00
The regular meeting of the City Council reconvened at 8:33 p.m. Roll call remained
the same.
Zoo
Acting Chief of Police Cisneros requested Council approval of an Ordinance to
amend the Baldwin Park Municipal Code relating to Alarm Systems. The current
Alarm Ordinance has sections that are unnecessarily complicated, and/or not
practical. Staff has reworded the ordinance to better serve the needs of the City.
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1995
Three 3) sections are recommended to be amended or deleted; 1) Delete Section
91.06 a), which currently states that three false alarms will be allowed during the first six
months after installation; 2) Section 91.06(b), changes to a calendar year format and
a simple false alarm stmcture of three 3) false alarms. Then a prevention assessment
is levied; and 3) Section 91.14, the revised section would allow for collection of the
prevention assessment through small claims. Staff recommended approval.
It was moved and seconded to Introduce Ordinance No.1111, AN ORDINANCE OF
THE CITY OF BALDWIN PARK AMENDING CHAPTER 91 RELATED TO ALARM
SYSTEMS,Z for first reading to be read in title only, and all further reading be waived.
M/S/C: LOWES/MUSE. There were no objections.
Director of Public Works Mousavi stated that the WQA has requested a variance from
Section 130.04 of the Baldwin Park Municipal Code, which states that No person shall
engage in any acts of construction...except between the hours of 7:00 a.m. and 7:00
p.m. The San Gabriel Basin Water Quality Authority will be installing two to four
monitoring wells throughout the City. The monitoring wells will be used to test the
integrity of the water prior to and during the treatment process. The sites are located
at 1) on Valley Vista Avenue, between Filhurst and Harlan Avenues; and 2) in the
southbound traffic lane of La Rica Avenue, approximately 40 feet north of Baldwin Park
Boulevard. The WQA is requesting to drill the wells on a 24 hour basis with an
anticipated seven-day drilling completion schedule. After the 24 hour seven day drilling
period, the well construction and final testing of the well will take place over an additional
14-day period for a total construction schedule of 21 days. If the WQA adheres to the
City ordinance it would result in a total construction schedule of 35 days. The WOA
requested the variance because the 14-day schedule would result in more associated
costs than the 21 day schedule and that from an engineering perspective it is the most
efficient way to construct these monitoring wells. Staff believes the 24 hour, seven days
may compromise the convenience and public welfare of the residents in the surrounding
areas. Staff has not received a detailed site plan for the well sites, a traffic control plan,
noise analysis, or drilling schedule for the construction of the wells. If Council decides
to allow the WOA to proceed with the variance request, one type of modification will be
needed for the existing Section 130.04 of the Municipal Code. The modification options
are: 1) Amend the ordinance to allow for variances to Title 13, General Offenses, giving
the Council authority to grant such variances; or 2) Amend the ordinance to allow for
variances to Title 13, General Offenses, giving the Director of Public Works the authority
to grant such variances; or 3) Amend the ordinance to include language for 24 hour
construction in certain circumstances. Staff recommended proceeding with an
amendment to Title 13 of the Municipal code, General Offenses, to allow for variances,
giving the City Council the authority to grant such variances.
In response to Councilmember Lowes, Director Mousavi stated that modification of the
ordinance paves the way for other requests for construction variances.
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK FEBRUARY 7,1996
Councilmember Muse stated that this modification to the ordinance would compromise
and inconvenience the residents in the City, especially during the night.
In response to Councilmember Lozano, Director Mousavi stated that the WQA has stated
that the specific walls around the drilling well to will protect the noise from going from
that location to outside surrounding areas. However, the City does not have the noise
analysis for each of the wells.
Mayor Vargas explained that no Public Hearing was scheduled on the amendment to the
Municipal Code, but he would allowed public input.
Jim Goodrich, Executive Director of the Water Quality Authority of San Gabriel Valley,
stated that they have been charged by the State of California to coordinate the clean up
of the contamination of the water beneath the City's of Irwindale, Azusa and Baldwin
Park. WQA has reached out to the communities to see what major impacts were going
to be served on the citizens. There will be some inconvenience with some sound at
night, but that will be minimized, but the upside is WQA gets the work done quickly.
There is one part of the drilling process, the installation of the steel tube in the well, that
cannot be interrupted, and that will take from 12 to 36 hours for this depth of well. That
means it could run past the ordinance time limit, because it cannot be stopped. He
further stated that he had been to the citizens that would be impacted and they prefer
the WQA to finish the job quickly.
In response to Mayor pro tem Martinez, Mr. Goodrich stated that if Council did not allow
the variance that WOA would be forced into a legal issue. This is a Federal Super Fund
Project under Federal Law and that he preferred working with the citizens rather than the
EPA. He further stated that St. John's, the apartment houses, and several houses
across Baldwin Park Blvd. would be impacted. He stated that WQA has inquired of
Father Jim the impact on the Church when the street has to be closed off. The EPA
selected the drilling sites by computer modeling and a geotechnical contractor and he
explained the things factored into their decision. There are no wells planned for the City
of Azusa as their water is not contaminated. He further stated that bilingual people
would be available and that the literature is also printed in Spanish.
Mayor pro tem Martinez stated that an individual who lives on Monterey Avenue across
from Kenmore &school, was inconvenienced by the noise of the drilling at Kenmore
School at night.
In response to Mayor Vargas, Mr. Goodrich stated that if the drilling is stopped, they run
a high risk of losing the entire operation, and they would have to start over in a different
location. The engineer is Cam Russell McKee and the construction company is Balliec
Drilling.
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1996
Mayor Vargas asked if the well that was drilled at Kenmore School was drilled with the
same constraints? Mr. Goodrich stated that they are not pressing their exemption, but
asked the City for cooperation and assistance to finish the job. They did drill 24-hour
a day on the school property. He further stated that they did not have to comply with
City ordinances. He stated that they are willing to pull permits, that they normally would
not have to ask for.
Mr. Goodrich asked that the City entertain the idea of a variance, that he would bring
back to Council the will of the people, and that he would proceed the way those people
would like to WOA to proceed. He further stated that WOA is trying to be a good
neighbor, that they have asked EVO to identify those that they feel would be impacted,
and to offer to take them to a drilling site. If Council decides not to consider the variance
WOA will be forced to enforce their exemption.
In response to Councilmember Lowes, Mr. Goodrich stated that at the Valley Vista
location drilling would be 12 hours a day, except at the one period of the installation of
the steel casing. The WOA is willing to make every concession, even to placing people
in a motel room until the 24 hour period of drilling is over. He further stated that a
detailed drilling schedule was given to EVO, so they are aware of the operation. A Town
Meeting has been scheduled on February 13th, at St. John's at 7:00 p.m.
In response to Councilmember Lozano, Mr. Goodrich stated that during the drilling
process a thick mud is used to hold the hole open, because it is so thick, it will float the
steel casing. The mud has to be thinned, once the mud is thinned, the hole is unstable,
so you have to work quickly. The risk of sand running into the hole, or the hole
collapsing is very high. This is a taxpayer burden of $250,000 if the well collapses.
Mayor Vargas stated that the issue before Council is creating any future construction
projects to work outside the 7:00 a.m. to 7:00 p.m. time frame.
It was moved and seconded to reject amending the Municipal Code, Section 130.04.
M/S/C: MUSE/LOWES. There were no objections.
Director of Recreation/Community Services Nunez requested Council approval to
transfer funds from a trust account to contract services provided by Clark Green
and Associates. Staff was authorized by Council to submit a grant application for
funding to improve recreational facilities from the Coca Cola Homers for America. As
part of the application, it was necessary to submit a plot plan with construction
documents for proposed work. Staff did not go through a formal bid since Clark Green
and Associates agreed to donate a portion of their services to benefit the youth of the
community. The architect agreed to do the work for $1 000 plus reimbursable expenses
totaling $377.83. Staff was able to raise funds to cover the expense for the work
performed. Staff recommended that Council authorize staff to transfer $1,377.83 from
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1996 02 07 CC MINòw @˜ |
CC MIN FEB 7 1996Yè´YHQ
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 10
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1996
the tmst account to contract services.
In response to Councilmember Lowes, Director Nunez stated that the funds were raised
doing a number of community events plus fund raiser activities.
It was moved and seconded to approve the transfer $1,377.83 from the trust account
to contract services. M/S/C: LOZANO/LOWES. There were no objections.
op
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilmember Muse requested that staff revise the telephone directories for the
Community Center.
Mayor Vargas suggested that laminated cards be made with the new telephone
numbers of the Community Center.
In response to Councilmember Muse, City Clerk Gair stated that regarding the two
burned out buildings on Ramona, the owners picked up a letter from the City
informing the bank that the buildings have to be demolished. They are preparing to
take out the permits and license in order to proceed.
Councilmember Lowes stated that four families live on Vineland and Francisquito and
they are requesting that a sign be placed at the entrance of their street that says Not
a Through Street." They also requested a No Right Turn" sign be placed by the gas
station on Vineland.
Mayor pro tem Martinez requested that Code Enforcement go to the Vineland and
Francisquito properties, they need to be cleaned up again.
Councilmember Lowes requested that the following be placed on the agenda: 1)
naming it the Cesar Chavez Amphitheater; 2) to name Robin Avenue Chavez Street
or Avenue; 3) to name the Community Center the Esther Snyder Community Center;
4) to name the Senior Citizens Center the Julia McNeill Senior Citizen Center; and 5)
direct staff to look into the process of giving the name of Cesar Chavez to an existing
floating holiday. Council agreed by unanimous consent.
Mayor pro tem Martinez asked Councilmember Lowes to amend the request for the
Senior Citizens Center to the McNeill Senior Citizens Center to recognize all that the
family has done for the City.
Councilmember Lowes stated that it was discussed earlier in the Study Session and it
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1996 02 07 CC MINòw @˜ | CC MIN FEB 7 1996Yè´YHQ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. ii
OF THE CITY OF BALDWIN PARK FEBRUARY 7, 1996
was felt that the McNeill Family has been honored in may ways, but Julia McNeiIl
deserves recognition of her own.
Mayor Vargas requested that each of these be separate motions on the agenda. He
directed staff to plan an event that would facilitate all these events and to notify all the
people that are being honored or their organizations. He further recommended that he
and Councilmember Lowes be part of a committee to work with the Baldwin Park
Anniversary Celebration, to incorporate all these dedications into a ceremony. Council
agreed by unanimous consent.
Councilmember Muse asked that citizen input be taken on the 4Oth Anniversary
Celebration, that a representative from Recreation/Community Services Commission, a
representative from Council, an E-Team Member, and possibly an employee be on the
committee.
Mayor Vargas volunteered to serve on the committee and he directed the Director of
Recreation/Community Services to start putting together the committee.
Councilmember Lozano requested another Good Morning Baldwin Park." He also
stated that March 6th a meeting has been scheduled with the Maine Avenue Study
Committee.
In response to Councilmember Lozano, Director Nunez stated that a vendor has
demonstrated a small mini-air conditioning unit that can be wheeled into the Community
Center, and it will be included in the next budget.
Mayor Vargas requested a report on the removal of graffiti; and he thanked Director
Mousavi for bringing together all the committees.
Zoo-
It was moved and seconded to adjourn the regular meeting of the CIty Council at
9:35 p.m. to and adjourned regular meeting of the City Council on February 8th
at 8:00 a.m. M/S/C: LOWES/MUSE. There were no objections.
LINDA L. GAIR
BETTY BRANEK, DEPUTY CITY CLERK
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