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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, February 7, 2006
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
1. Presentation/Ace Solid Waste Inc.
Agenda Approval
2. Approval of Minutes (1/17/06 Regular)
Consent Items
3. Approve Payment of Claims - Finance
4. Approve Change Order #2/04-36/Lift Station #4 Improvements - Engineering
5. Declare Cost/Order Assessment Roll/05-l8lWintergreen Street NW & CSAH 20 Improvements-
Engineering
6. Approve Amendment to Joint Powers Agreement/Order Improvement/Order Plans & Specs/06-4/2006
Seal Coating Program - Engineering
7. Order Plans & Specs/06-3/2006 Crack Sealing!2006 CIP - Engineering
8. Approve Lease Agreement/Sunshine Park Building! Andover Baseball Association - Engineering
9. Approve Anoka County Pheasants Forever Raffle Pennit - Clerk
10. Approve Lot Split/3480 Bunker Lake Blvd. NW - Planning
11. Approve Lot SplitfLot 5, Block 3, Andover Station North - Planning
12. Approve Change Order # l1/Community Center - Administration
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Discussion Items
13. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting!2006
NPDES/06-1 - Engineering
14. Consider Preliminary Plat & PUDIWoodland Crossings/157th & Nightingale St. NW - Planning
15. Public HearinglVacation of Street Right-of-Way/157th Lane NW - Planning
16. Consider Preliminary Plat/Kensington Estates 7th Additionl142nd Ave. NW - Planning
17. Consider City Code Amendment/Dry Cleaning Processing in Commercial Districts - Planning
18. Consider City Code AmendmentINew & Used Auto Sales in Industrial Zoning District - Planning
Staff Items
19. Consider Appointment/Community Center Advisory Commission - Administration
20. Schedule EDA Meeting - Administration
21. Schedule Board of Review - Clerk
22. Administrator's Report - Administration
Mayor/Council Input
Executive Session: City Administrator Review
Adjournment
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REGULAR CITY COUNCIL MEETING - FEBRUARY 7, 2006
TABLE OF CONTENTS
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PLEDGE OF ALLEGIANCE............................................................. 1
PRESENTATION/ACE SOLID WASTE............................................... 1
AGENDA APPROVAL...... ........ ..... ..... ...... .............. .... ... ............ .... 1
APPROVAL OF MINUTES... ............ ..... ..... ..... ... ... ...... ................ .... 2
CONSENT ITEMS
Approve Payment of Claims.. .... ......... .... ....... .... ... ... ....... ..... .... ..... .... 2
Approve Change Order #2/04-36/Lift Station #4 Improvements (Res.Oll-06)... 2
Declare Cost/Order Assessment Roll/05-18/Wintergreen St. NW & CSAH 20
Improvements (Res. No. 012-06)... ... ...... ........ ...... ........ ..... ......... ....... 2
Approve Amendment to Joint Powers Agreement/Order Improvement/Order
Plans & Specs/06-4/Seal Costing Program (Res. 013-06)............................2
Order Plans & Specs/06- 3/2006 Crack Sealing!2006 CIP (Res. 014-06)............2
Approve Lease Agreement/Sunshine Park Building! Andover Baseball..............2
Approve Anoka County Pheasants Forever Raffle Permit...... .. . . . .. .. ., . . .. . . .. .... 2
Approve Lot Split/3480 Bunker Lake Blvd. (Res. 015-06)
Approve Lot SplitlLot 5, Block 3, Andover Station North (Res. ROI6-06).........2
Approve Change Order #11/Community Center........................................2
NPDES PRESENTATION... ... ... ...... ... .... ..... ........ ...... .... ..... ..... ........ ...2
CONSIDER PRELIMINARY PLAT & PUD/WOODLAND CROSSINGS/1571H
& NIGHTINGALE STREET NW
Motion to Approve (Resolution ROI7-06)... ... ... ... ...... ... ......... ...... ...... ... 5
PUBLIC HEARlNGN ACATION OF STREET RIGHT -OF- W A Y1l571H
LANE NW
Motion to adopt Resolution ROI8-06. ..... ... ... ... ......... ...... ... .... ........ ... .... 6
CONSIDER PRELIMINARY PLAT/KENSINGTON EST. 71H ADDITION
Motion to approve Resolution ROI9-06......... ......... ..... ....... ............. ....... 7
CONSIDER CITY CODE AMENDMENT/DRY CLEANING PROCESSING
IN COMMERCIAL DISTRICTS
Motion to Adopt Ordinance 323........................................................... 8
CONSIDER CITY CODE AMENDMENT/NEW & USED AUTO SALES IN
INDUSTRIAL ZONING DISTRICT
Motion to table.............................................................................. 9
CONSIDER APPOINTMENT/COMMUNITY CENTER ADVISORY COMM.
Motion to appoint Dan Masloski......................................................... 9
SCHEDULE EDA MEETING... ...... ... ............ ...... .., ... ... ... ............ ....... 9
SCHEDULE BOJ\1tI) OF REV~W...................................................... 9
AD~S~TOR'S REPORT.......................................................... 9
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MAYOR/COUNCIL INPUT....... ........ .,. .... ... ....... ....... ... ... ..... ..... ....... 10
ADJOURN'MENT...... ...... ... ...... .............. ... .... ............ ............... ..... 10
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 7, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by
Mayor Mike Gamache at 7:00 p.m., Tuesday, February 7, 2006 at the Andover City Hall,
1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers Present:
Councilmembers Absent:
Also Present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
Jim Dickinson, City Administrator
Dave Berkowitz, City Engineer
Will Neumeister, Community Development Director
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
PRESENTATION/ACE SOLID WASTE, lNe.
Julie Rosenberg, Ace Solid Waste, presented a $545.00 check to the Mayor to support
local parks.
Mr. Berkowitz explained that the feasibility report for the 2006 overlay project is not on
the agenda; it will be on the agenda at the February 21 st meeting for denial and the policy
will be reworked.
AGENDA APPROVAL
Add supplemental information for Item #3, Payment of Claims.
Motion by Jacobson, seconded by Knight to approve the agenda as amended. Motion
carried nnanimously.
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Regular City Council Meeting
February 7, 2006 - Minutes
Page 2
APPROVAL OF MINUTES
January 17, 2006: Tabled
Councilmember Trude requested the minutes be tabled as there was discussion regarding
Shaw's Glen that has been omitted and she would like to have that discussion in the
record.
Motion by Trude, seconded by Jacobson to table the minutes of January 17, 2006 to the
next meeting. Motion carried.
CONSENT ITEMS
Item 3
Item 4
Item 5
0 Item 6
Item 7
Item 8
Item 9
Item 10
Item 11
Item 12
Payment of Claims
Approve Change Order #2/04-36/Lift Station #4 Improvements
(Res. No. 011-06)
Declare Cost/Order Assessment Roll/05-18/Wintergreen St. NW &
CSAH 20 Improvements (Res. No. 012-06)
Approve Amendment to Joint Powers Agreement/Order Improvement
Order Plans & Specs/06-4/2006 Seal Coating Program (Res. No. 013-06)
Order Plans & Specs/06-3/2006 Crack Sealing!2006 CIP (Res. No. 014-
06)
Approve Lease Agreement/Sunshine Park Building! Andover Baseball
Association
Approve Anoka County Pheasants Forever Rafile Permit
Approve Lot Split/3480 Bunker Lake Boulevard (Res. No. 015-06)
Approve Lot SplitILot 5, Block 3, Andover Station North (Res. No. 016-
06)
Approve Change Order #11/Community Center
Motion by Jacobson, seconded by Trude to approve the consent agenda as read. Motion
Carried nmmimously.
NPDES PRESENTATION
Kameron Kytonen, Natural Resources Technician, explained that the National Pollutant
Discharge Elimination System program is federally mandated. The city's Storm Water
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Pollution Prevention Program (SWPPP) is available at City Hall, articles are put in our
newsletter regarding what residents can do to prevent water runoff and an annual
presentation was made to staff on rain gardens. Best Management Practices were added
in 2005. There are 2 restoration projects in process: Kelsey-Round Lake Park and
Andover High School.
Mayor Gamache suggested that information regarding rain gardens be available at the
Home Improvement Show in March.
Councilmember Orttel asked what the status is of the restoration projects. Mr. Kytonen
stated that at Kelsey-Round Lake Park they are removing the woody species in the prairie
area to get it ready for the flowers. He would like to do a burn this spring as that is an
important part of doing a restoration project. He was hoping to do a burn at the high
school project last fall but it didn't work out so they plan to do it this spring. Mr.
Berkowitz noted that the DNR will assist on the burn as well as the Fire Department.
Motion by Jacobson, seconded by Trude to open the public hearing. Motion carried.
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Anita Akre, 16879 Crocus Street NW, asked if this is part of the drainage runoff system
in Lund's. Mayor Gamache explained that we do need to take these things into
consideration when we do a reconstruction project. Mr. Berkowitz explained that the
curb provides a conduit to get the water off the roadway so it doesn't break down the
roadway.
Lyle Bradley, 15202 _7th Avenue NW, stated that it is a pleasure to hear the city talking
about water. April 22, 2006 will be the 2nd Water Rally at the State Capitol. Our state
has 10% of the world's fresh water.
Margaret Dupont, 2679 -167th Lane NW, asked if the curbing project is part of this. Mr.
Berkowitz stated it is. The intent of the curbing is to provide a longer life for the
roadway. Ms. Dupont asked that the people involved in this overlay project are a part of
the group when the city develops the policy for the Lund's area Mr. Berkowitz
explained that the next step in the overlay project is to formally deny the feasibility
report. That will kill the project for this year. Residents will be notified of the public
hearing where the policy will be formulated. Ms. Dupont asked if the feasibility report
would be discussed at the February 21 st meeting. Mr. Berkowitz stated it would be.
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Larry Akre, 16879 Crocus Street NW, has lived in that area since 1991 and they have
asphalt curbs. He challenged whether the curbing is going to buy them any benefit.
Winslow Holasek, 1159 Andover Boulevard NW, noted that in rural areas you have
ditches where the water runs off. This needs to be balanced against putting in curbs.
Tom Hill, 3595 _l44th Avenue NW, felt that the catch basin on Round Lake Boulevard
is too small for all of the runoff. Mr. Berkowitz stated that he would work with the
county to make sure they followed the criteria
Mr. Berkowitz read a letter into the record from Rosella Sonsteby, 4151- 141st Avenue
NW, regarding NPDES.
Motion by Jacobson, seconded by Knight to close the public hearing. Motion carried.
CONSIDER PRELIMINARY PLAT & PUD/WOODLAND CROSSINGS/157TH &
NIGHTINGALE STREET NW
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Mr. Neumeister stated that this was at the January 17th Council meeting and one of the
items that was asked to be checked was the attorney's opinion on whether the 10.99 acre
lot should be allowed to be created. The attorney has responded that if the developer
dedicates the right of access along Hanson Boulevard to Anoka County as they requested,
than the city should not consider the lot as having frontage on a public street as required
by the City Code and this lot should not be allowed to be created. The recommendation
was no separate lot should be created; it should be combined with the larger common
area lot. Mr. Neumeister noted that he received an email today from Anoka County
saying that they would consider a temporary access permit onto Hanson Boulevard to
allow for grading and wetland mitigation for that lot, provided that the dedication of
controlled access occurs along County Road 78 within the boundaries of the plat. They
are allowing for a temporary access only. They're still asking for dedication of all
accesses on a permanent basis. The 2nd point detailed was the dedications of additional
items that the developer would be offering to satisfy the PUD criteria He is offering to
1) extend the sidewalk from 157th Lane to the easterly line of the Association property; 2)
extend the trail from item 1 to future Andover Regional Trail along Hanson Boulevard; 3)
construct the portion of the Andover Regional Trail using the city's plans and
specifications; 4) dedicate land for park; 5) grade park area; 6) construct a 42 foot by 42
foot Y2 court basketball court; 7) construct a 9 foot by 18 foot Mingus Shelter; 8)
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February 7, 2006 - Minutes
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landscape park to include relocating trees on site to the park area to provide some
screening of the park; 9) construct all of the items with the development of Woodland
Crossing; 10) provide different looks on the townhomes by varying exterior colors of
siding and stone or brick and possibly different window designs.
Councilmember Jacobson realizes that Woodland Development wants to keep the 10.99-
acre parcel because of the development of the Rural Reserve. Our ordinances say we
can't create a lot that doesn't have access even if the Highway Department says it's
temporary. He wondered if as part of this proposal we could put something in to say that
we recognize there is a problem with the lot and the developer needs it for mitigation and
then he deeds it back to the city.
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City Attorney Hawkins explained that by having the developer deed the parcel back to
the city it would not be a taking as long as the developer agrees with it. We do need to
have a covenant that restricts building on that site and the dedication to the city.
Councilmember Trude suggested that rather then having it come in as a park we could
give it a different name. Byron Westlund, Woodland Development, informed Council
that the County wants them to provide something that says they won't ask for an access
to Hanson Boulevard for that lot.
Councilmember Jacobson stated that in item 2 of the resolution ExhibitB deals only with
the PUD portion of the plat and the City Code applies to the rest of the plat and suggested
that be changed. Councilmember Trude suggested it read, "Exhibit B shall regulate when
in conflict with the City Code regarding the PUD portion."
Mr. Westlund presented drawings showing architectural changes to the townhomes.
Motion by Jacobson, seconded by Orttel to move the resolution with the following
changes: Item #l-a second sentence should read, "The PUD status applies only to the
.townhome areas." The dates should also be changed from 2005 to 2006. Item #18
should read "A property owners association shall be created for the PUD section..".
Add Item #19 - Transfer of the 10.99-acre parcel to the city upon completion of its use
for mitigation area not to exceed 10 years. Add Item #20 - Refer to the letter of January
26, 2006 from the developers.
Motion carried unanimously. (Resolution R017-06)
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February 7,2006 - Minutes
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PUBLIC HEARING/VACATION OF STREET RlGHT-OF-WAY/157TH LANE NW
Mr. Neumeister informed Council that this needs to be vacated because it's no longer
needed.
Motion by Trude, seconded by Jacobson to open the public hearing. Motion carried.
No one appeared for this item.
Motion by Knight, seconded by Trude to close the public hearing. Motion carried.
Motion by Knit;t, seconded by Jacobson to adopt the resolution vacating the road right-
of-way on 157 Lane NW.
Motion carried unanimously. (Resolution R018-06)
CONSIDER PRELIMINARY PLAT/KENSINGTON ESTATES 7TH ADDITION
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Mr. Neumeister explained that this is a l2-lot subdivision on a 6.4 acre parcel located to
the west of the WDE Landfill. It's within the Metropolitan Urban Service Area and
sewer and water are available. The property is currently zoned R-4 and no rezoning is
necessary.
Councilmember Orttel asked what the status is of the westerly portion of the property
along Osage Street. Mr. Neumeister stated it would be primarily a ponding area and
buffer to the landfill. Mr. Berkowitz also noted that it's city property and not part of the
plat. Lot 3, Block 1 goes all the way along the side of the plat. Councilmember Trude
felt it's going to be a matter of maintenance and care. The people on the bottom end of
the cul-de-sac don't want to look at un-mowed grass that they don't own. She suggested
that the lot be divided differently, perhaps dividing it in half and attaching one-half to Lot
3 and one-half to Lot 4. Mr. Berkowitz explained that the developer has tried to figure
out how to use that space. The city's intent would be to make sure there's about an 8 foot
boulevard maintained. He felt that the remainder of the site would be left to grow natural
as part of the ponding area. Councilmember Trude stated that logically it weuld make
sense that the person on the bottom of the cul-de-sac would mow that area.
Councilmember Knight asked if this is going to be a wet wetland. Mr. Berkowitz stated
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it is a dry pond, but there would be water there at times. If there are any complaints
regarding the maintenance we would refer those to Code Enforcement.
Jeff Wheeler noted it was their intention by making it a drainage and utility easement on
Lot 3 all the way down would prevent anyone from putting any structures on it. They felt
the ordinance for keeping the grass mowed would cover the other issues.
Councilmember Knight asked what the negative part of drawing the line differently
would be. Mr. Wheeler didn't think it would affect the marketing.
Councilmember Jacobson asked for clarification on where the trail would go. Mr.
Berkowitz explained that as part of the development the developer is to construct the trail
northeast to The Oaks park. Mr. Berkowitz also noted that they spoke to the PCA and
they are not in favor of the trail running along their fence line because of the possibility
of vandalism; however, the city has the authority to put a trail on park property.
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Councilmember Trude asked if this would qualify for a federal grant. Mr. Berkowitz felt
it would be difficult to receive that funding. The ones we have received in the past have
run from one major roadway to another.
Motion by Knight, seconded by Trude to move the resolution approving the plat with the
addition to Item #8 "That the vehicle maintenance access at the southern end of Osage
also be called a trail easement". Also with the addition ofItem #9 "By the:final plat the
lot lines will be adjusted for Lot 3, Block 1 and Lot 4, Block 3."
Motion carried unanimously. (Resolution R019-06).
CONSIDER CITY CODE AMENDMENTIDRY CLEANING PROCESSING IN
COMMERCIAL DISTRICTS
Mr. Neumeister explained that Council, at the January 17,2006 meeting, asked for a
refined definition for Dry Cleaning Processing. The applicant would like "other
chemicals used in the dry cleaning process" added. He would also like it to include up to
3 to 5 different drop off sites.
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Councilmember Trude asked the attorney ifwe do a permit and leave the definition
alone, can we state in the permit that this is only for 2 or 3 drop off sites. Mr. Hawkins
would rather have it in the definition itself so we don't have to come up with some
standard in the permit and what's reasonable for each one of them. Councilmember
Jacobson noted that according to the third line of the definition (this use will only process
the clothes that are dropped off at the site) a person could bring 20 different facilities'
clothes and drop them off at the site. He didn't have a problem with 2 other sites
dropping clothes off there but the way it's written it's unlimited. Councilmember Orttel
suggested saying they may not accept cleaning from more than 4 or 5 remote dry
cleaning locations. Mayor Gamache felt they would be restricted by the size of this
facility. Councilmember Jacobson asked the applicant how many other sites he is
anticipating bringing down to this site.
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Louis Rudnicki, 2711 Dahlia Street, Oak Grove, stated he has a tenant who is interested
in a shopping center that he is constructing. The amount of space that he is taking is
somewhere around 2,000 square feet. If it's written as a Conditional Use Permit the city
staff and Council can limit the number of machines at one site. They need to be able to
pull from other drop sites just to fully utilize their equipment. The person interested in
leasing this space currently has a processing plant in Coon Rapids and a drop site in
Andover and is still not at full capacity on her one piece of equipment. You would have
some discretion when the CUP is granted to limit the number of pieces of equipment.
The 3 to 5 range seems to be about right. That would prevent a large processing facility.
Councilmember Trude expressed concern about the amount of traffic that this would
generate from trucks.
Motion by Jacobson, seconded by Orttel to adopt the ordinance regarding Dry Cleaning
Processing with the following changes: After "PERC", add or other state/federal
anuroved chemicals used in the drv cleaning process. After "this use and will be limited
in scope", add and size to accommodate 3 to 4 off-site drop offnoints. Motion carried
nmmimously. (Ordinance No. 323)
CONSIDER CITY CODE AMENDMENT/NEW & USED AUTO SALES IN
INDUSTRIAL ZONING DISTRICTS
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Mr. Neumeister explained that presently the Code allows new vehicle sales in the General
Business district. Councilmember Jacobson stated if this were adopted, the only places
where vehicle sales would be allowed would be Hugh's Industrial Park and Kottke's.
Mr. Neumeister stated that is correct.
Joe Brabant, 16351 Gladiola Street NW, stated that State Law requires new and used car
lots to have plumbing and the building has to be attached to the ground.
Mr. Neumeister noted that if Council wants performance standards some research would
need to be done. The only city that has performance standards is Brooklyn Park. Mr.
Brabant supported having performance standards. Mr. Neumeister felt that if it's a use
you want to regulate, you should have standards. Mayor Gamache suggested this be
tabled to allow Mr. Neumeister to set up standards. Mr. Neumeister stated this will be
discussed at the Planning Commission and come back to Council in March.
Motion by Jacobson, seconded by Knight to table this item to a future meeting. Motion
carried nmmimously. .
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CONSIDER APPOINTMENT/COMMUNITY CENTER ADVISORY COMMISSION
Motion by Jacobson, seconded by Knight to appoint Dan Masloski to the Community
Center Advisory Commisison. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Trude, seconded by Knight to schedule an EDA meeting for February 21,
2006 at 6:00 p.m. Motion carried nnanimously.
SCHEDULE BOARD OF REVIEW
Motion by Knight, seconded by Jacobson to schedule the Board of Review for
Wednesday, April 19, 2006 at 7:00 p.m. Motion carried unanimously.
Motion by Jacobson, seconded by Knight to schedule May 2, 2006 for continuation of
the Board of Review ifneeded. Motion carried nnanimously.
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ADMINISTRATOR'S REPORT
Mr. Dickinson updated the Council on public improvement projects, Woodland
Crossings, Shaw's Glen and Cardinal Ridge. He has made contact with our local
legislator to pursue the reduction of speed limits in rural areas. COullcilmember Trude
would like our legislators to look at supporting the Hazardous Transportation Bill and it
would actually involve permissive levy for the school district to raise taxes to get kids
back on the buses.
Mr. Dickinson informed Council that the Sheriff's Department has closed the accesses to
lakes because the ice is not safe for vehicle travel. Mayor Gamache noted that
snowmobiles are still allowed on the lakes.
Mr. Dickinson stated they will be working with Anoka County CDBG to talk about some
potential application or submitting a letter of intent for other projects we may have for
Re-use money.
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The tally of permits from the September storm is 1080 roofing permits and 333 siding
permits.
Staffhas been specing out and taking care of the equipment purchases that were
authorized by Council. The new wood chipper arrived today.
MAYOR/COUNCIL INPUT
Councilmember Knight reported the YMCA had 55,000 visitors in December. They now
have 2900 members. The after school open gym is up to 50 in the gym and 30 in the
Commons area.
Councilmember Jacobson asked if there is something else we can call property that is
taken for parkland when a 'new plat comes in because once it's labeled "park" it's very
difficult to change the use. Mr. Hawkins stated that State Statute limits what you can do.
Councilmember Knight asked if we have people who want to donate land to the city do
we have to set up a process for taking it. Mr. Hawkins stated no; the city can accept gifts.
Mayor Gamache reported that the signal at Oak View Middle School is up and working.
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Mayor Gamache noted that at the last meeting the Sheriff brought up mailbox thefts.
You can purchase locked mailboxes. He suggested people don't put outgoing mail in
their mailboxes. Councilmember Trude thought an article in the newsletter letting people
know where they can drop off mail would be appropriate.
Council recessed at 9:25 p.m. for the Administrator's review.
Council reconvened at 10: 12 p.m.
Motion by Knight, seconded by Orttel to adjourn. Motion carried unanimously.
Meeting adjourned at 10:13 p.m.
Respectfully submitted,
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Vicki V olk
City Clerk
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