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HomeMy WebLinkAbout03-09-2020 City Council Meeting MinutesOFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 9, 2020 The following are the minutes for the regular meeting of the City Council held at 7:00 pm on Monday, March 9, 2020, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL Mayor Schmitt called the meeting to order at 7:00 pm. Present: Mayor Schmitt; Councilmember Buesgens; Councilmember Murzyn, Jr.; Councilmember Novitsky, Councilmember Williams Also Present: Kelli Bourgeois, City Manager; Aaron Chirpich, Community Development Director; Samten Chodon; Renee Dougherty, Library Director; Kevin Hansen, Public Works Director; Jim Hoeft, City Attorney; Pastor Bill Hugo; KT Jacobs; Alexis James; Cliff Johnson; Kenneth Kirwin; Robert Kirwin; Jonathon Rehlander; Theresa Strike; Charlie Thompson, Fire Chief; Nicole Tingley, City Clerk; Catherine Vesley 2. INVOCATION Invocation was provided by Pastor Bill Hugo, St. Matthew Lutheran Church. 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally-responsible manner. 5. APPROVAL OF AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Williams, to approve the agenda as presented. All Ayes, Motion Carried 5-0. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Tibet Day Proclamation Mayor Schmitt announced a 13-year-old City resident will celebrate his “enthronement” on April 11, 2020, and read the proclamation announcing March 10, 2020, as “Tibet Day” in the City of Columbia Heights, commemorating the 61st anniversary of the Tibetan national uprising against the occupation of Tibet and to honor more than one million Tibetans who have died in the struggle. Samten Chodon of the Tibetan-American Foundation of Minnesota accepted the proclamation on behalf of Tibetan residents. 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) City Council Minutes March 9, 2020 Page 2 Mayor Schmitt announced the removal of item D, “Approve Resolution No. 2020-27, Accepting the City of Columbia Heights Update Pandemic Influenza Preparedness Plan,” for discussion. A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council Meeting of February 24, 2020. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning Commission Meeting of February 4, 2020. MOTION: Move to accept the minutes of the Library Board Meeting of February 5, 2020. C. Approve a Point-of-Sale Software Agreement with Retail Information Technology Enterprises for the Municipal Liquor Stores, including Initial Set-up, Training and Data Migration for $11,700.00 and One Year of Subscription Cloud Services for $7,500.00 MOTION: Move to approve a point-of-sale software agreement with Retail Information Technology Enterprises for the municipal liquor stores, including initial set-up, training and data migration for $11,700.00 and one year of subscription cloud services for $7,500.00. D. Approve Resolution No. 2020-27, Accepting the City of Columbia Heights Update Pandemic Influenza Preparedness Plan Removed for discussion. E. Approve the Modified Medical Response Model for the Fire Department MOTION: Move to modify the Fire Department’s medical response model to eliminate the minor medicals and eliminate the Fire Department responses to specific calls at assisted care facilities in the City. F. Authorization to Purchase UAV Package MOTION: Move to authorize the purchase of a UAV system from Maverick Drone Systems, with funding to come from 431.42100.5180, in the amount of $44,400.00 and that the Mayor and City Manager are authorized to enter into a contract for the same. MOTION: Move to authorize the Police Department to expend up to $2,800.00 from capital for the training and licensing of pilots for the system from all three departments (Fire, Police and Public Works). G. Adopt Resolution No. 2020-28, Approving the Preferred Ash Tree Program for Private Trees and Eliminating the 25% City Cost Share for Private Tree Removals MOTION: Move to waive the reading of Resolution No. 2020-28, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2020-28, approving the Preferred Ash Tree Program for Private Trees and eliminating the 25% City cost share for private tree removals. H. Approve Resolution No. 2020-29, Being a Resolution for an Environmental Assistance Climate Adaptation Grant City Council Minutes March 9, 2020 Page 3 MOTION: Move to waive the reading of Resolution No. 2020-29, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2020-29, authorizing the Urban Forestry Specialist to submit a grant application to the Minnesota Pollution Control Agency for $28,000.00 in eligible funds with a required 25% City match (combination of cash and in-kind) to create a comprehensive GIS inventory of publicly-owned trees, and designate the Urban Forestry Specialist as the primary contact for the program. I. Approve Business License Applications MOTION: Move to approve the items as listed on the Business License Agenda for March 9, 2020, as presented. J. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $831,816.16. Motion by Councilmember Buesgens, seconded by Councilmember Williams, to approve the Consent Agenda items as amended. All Ayes, Motion Carried 5-0. Approve Resolution No. 2020-27, Accepting the City of Columbia Heights Update Pandemic Influenza Preparedness Plan Manager Bourgeois said she asked for removal of Consent Agenda item D to allow the Fire Department Chief to update the Council on the coronavirus. Chief Thompson provided background information regarding the Plan, which is refined according to current need and is based on the Department of Health, Center for Disease Control and the World Health Organization threat levels. He described the current virus, which originated from a bat and then spread human to human and may eventually have an overall mortality rate of 3%. Commonsense precautions are recommended, including frequent hand washing and disinfecting surfaces; and, with precautions in place, he feels the City is well prepared for residents and City staff. Motion made by Councilmember Buesgens, seconded by Councilmember Williams, to waive the reading of Resolution No. 2020-27, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion made by Councilmember Buesgens, seconded by Councilmember Williams, to approve Resolution No. 2020-27, authorizing the City of Columbia Heights to accept the Pandemic Influenza Preparedness Plan so that it can be implemented as needed by City staff. All Ayes, Motion Carried 5-0. 8. PUBLIC HEARINGS A. First Reading of Ordinance No. 1661, an Ordinance Amending the City Code of 2001 Relating to Accessory Structure Wall Height, Building Height and Structure Height within the City of Columbia Heights Director Chirpich provided background information regarding the 2001 Ordinance on height City Council Minutes March 9, 2020 Page 4 restriction for accessory structures, such as garages, which limits those buildings to a 9’ height. He cited needs for a revision, described an example of a property now under construction and described the proposed amendment, which would remove the accessory wall height limitation but would not eliminate the overall building height restriction, 18’ for a pitched structure and 12’ for flat, clarifying that an accessory structure may not be higher than the principal structure. The proposed Ordinance is consistent with best practices of nearby Fridley, Spring Lake Park and Blaine and was voted unanimously by the City’s Planning Commission, after a public hearing on March 4, to recommend approval by the Council as presented. Mayor Schmitt opened the public hearing. Kenneth Kirwin, New Brighton attorney, said no notices were sent to neighbors of the construction (referenced above) and a higher building height would limit lake visibility for neighbors, such as his son. He cited his belief there have been violations made by the contractor for the specific property in question and said changes to the Ordinance should not be rushed through as “piece meal” but should be held until all comprehensive plan proposals can be reviewed together. He would like action to be deferred and remove the contractor’s authority to build on the vacant lot referenced. Robert Kirwin, City resident, said he believed the 4340 property did not pass inspection and there appears to be favoritism towards the contractor. He suggested the 4330 property, instead, be set up as a park and have several patrons (such as the nearby church, Lions Club, City, etc.) combine funds to create “a natural and happy place.” Alexis James, City resident, referenced his own nearby property which has a garage constructed as low as possible and house as high as possible, which has created a steep driveway. He said, during construction, he and his builder tried to work out ways for an attached garage with lower height but couldn’t do so without having a much steeper driveway. His opinion is that if a roof height can be limited, what does it matter what the garage wall height is; one may have grass or landscaping that rises higher to camouflage the height. He is in favor of the Ordinance and does not think there has been a hidden agenda from any of the neighbors. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to close the public hearing and waive the reading of Ordinance No. 1661, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Director Chirpich clarified that no Ordinance notifications were necessary because it is a general text amendment to the City’s entire zoning code and not specific to one project parcel and would apply to all future projects. He added that it is important to note that the 2040 Comprehensive Plan has been adopted by the City. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to set the second reading of Ordinance No. 1661, an Ordinance amending the City Code of 2001 relating to accessory structure wall height, building height and structure height within the City of Columbia Heights for March 23, 2020, at approximately 7:00 pm in the City Council Chambers. All Ayes, Motion carried 5-0. City Council Minutes March 9, 2020 Page 5 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations a. Adopt Resolution No. 2020-30, Being a Resolution Accepting Bids and Awarding the Contract for the 2020 Infrastructure Program, City Projects 1903, 1909 and 1802 Director Hansen described the 2020-30 primary projects: A) 2020 watermain improvements (a carryover from 2019) on 39th Avenue from Johnson to Arthur and then on Arthur from 39th to 40th and about 450’ on Stinson, because of frequent watermain breaks in these areas; B) Polk Avenue sanitary sewer, 350’ north of 40th Avenue due to sedimentary settlement; C) Library parking lot construction, east of the Library; and D) 2020 Street Rehab Program, for the full reconstruction of 5th and 6th Streets from 50th to 51st and also watermain on 5th Street. Of 21 bid requests, only one bid was received because of timing issues for the others. He recommends Council approve only items A, B and D for a total contract award of $1,845,959.68, with item C postponed due to the estimate being higher than the City Engineer’s. Motion by Councilmember Buesgens, seconded by Councilmember Williams, to waive the reading of Resolution No. 2020-30, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to adopt Resolution No. 2020-30, being a Resolution accepting bids and awarding the 2020 Columbia Heights Infrastructure Program, consisting of Bid A: 2020 Water Main Improvements, Project 1903; Bid B: Polk Street Sanitary Sewer Construction, Project 1909; Bid D: Street Rehabilitation Program – Zone 4A, Project 1802 and Alternate 1: Residential Construction, to Northdale Construction Company, Inc. of Albertville, Minnesota, based upon their low, qualified, responsible bid in the amount of $1,845,959.68, with $1,102,837.64 from Fund 651-51903, $99,948.51 from Fund 652-51909, $633,906.63 from Fund 415-51802 and $9,266.90 from respective funds; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried 5-0. Director Hansen said he anticipated further discussion and projected estimates for item C (Library parking lot) in June. b. Adopt Resolution No. 2020-31, Being a Resolution Accepting Bids and Awarding the Contract for 2020 Sanitary Sewer Lining, City Project No. 2004 Director Hansen described the contract as an annual program the City does to line the sanitary sewers, which adds life to the lines and seals joints to eliminate water and tree root intrusion. The lines being recommended for 2020 total 5,000 lineal feet and are primarily in District 3, in the east and southeast portion of town, and some small segments in Districts 1 and 2. Four bids were received for the work, and the lowest bidder was about the same as that received in 2019. He recommends Council award the bid to Insituform Technologies in the amount of $188,265.50. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to waive the City Council Minutes March 9, 2020 Page 6 reading of Resolution No. 2020-31, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to adopt Resolution No. 2020-31, being a Resolution accepting bids and awarding the contract for 2020 Sanitary Sewer Lining, City Project No. 2004, including Alternate 1 for installation of main to service lateral connection liners to Insituform Technologies USA, LLC based upon their low, qualified, responsible base bid for lining in the amount of $129,995.50 and $58,270.00 for Alternate 1, with funds to be appropriated from Fund 652-52004-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried 5-0. c. Adopt Resolution No. 2020-32, Being a Resolution Accepting Bids and Awarding the Contract for Silver Lake Boat Landing and Site Improvement, City Projects 1912 and 2008 Director Hansen said two projects were combined to take advantage of both the contractor scheduling the work and because it is such a confined area: 1) the complete reconstruction of the boat landing and making it ADA accessible and 2) full replacement of the Silver Lake lift station, a CIP project for 2020. Eight bids were received, and the lowest bid was $804,661.50 (the City Engineer’s estimate was about 5% over that amount). The boat landing reconstruction is about 50% funded through a City grant from the DNR and the rest through the Park Fund, Stormwater Fund and the sanitary sewer lift station is through the Sanitary Sewer Construction Fund. The combined projects will take about four to five months to complete, and a timeline will be prepared for pertinent meetings and work scheduling. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to waive the reading of Resolution No. 2020-32, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to adopt Resolution No. 2020-32, being a Resolution accepting bids and awarding the contract for Silver Lake Boat Landing and Site Improvement, City Projects 1912 and 2008, to Lametti & Sons, Inc. of Hugo, Minnesota, based upon their low, qualified, responsible base bid in the amount of $804,661.50 with funds to be appropriated from Funds 412-51912-5185 and 652-52008-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried 5-0. d. Accept Bids and Award Contract for Pump Station 3 Upgrades, Project No. 2010 Director Hansen said the City operates two pumping water stations, with the first having had the same work done in 2014 and rework having been delayed from 2019 to 2020 in order to secure funding for the project. The proposed work is a complete replacement of internal equipment which includes VFD drives, new check valves, pump refurbishment, new motors, complete new electric service into the building and new SCADA controls. Two bids were received, with a low Alternate bid adjustment of $5,000.00, for a total of $409,800.00. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to award the contract for Pump Station 3 Upgrades, Project 2010, to NAC Mechanical & Electrical Services of Vadnais City Council Minutes March 9, 2020 Page 7 Heights, Minnesota, based upon their low, qualified, responsible base bid in the amount of $414,800.00 and accepting Alternate 1 for a deduct of $5,000.00 for a contract award of $409,800.00 with funds to be appropriated from Fund 651-52010-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried 5-0. C. New Business and Reports a. Library Facility Use Policy Renee Dougherty, Library Director, reported the Library Board met on March 4 and received a copy of the Council’s work session of March 2, which included discussion of the Library’s Facility Use Policy, and a copy of the draft policy. Discussion highlights from the Council’s work session were forwarded to the Board: Library meeting rooms should be considered open public forums, afterhours use of the Library Community Room should have staff presence, the schedule for afterhours use should be shortened to reflect 7:00 am to 9:00 pm Monday through Saturday, all users should be charged a per-hour rental fee and there should be advertising of additional parking in other City lots and a procedure for scheduling the rooms. She said the Library Board discussed the staffing and cost implications of the Council’s recommendations and there is no current capacity at staffing levels within the 2020 budget to support afterhours monitoring of the Community Room. They discussed how to determine the real cost of implementing more stringent room reservation procedures, including user ID verification, collecting and safekeeping deposits, ensuring payments have been received, communicating with City staff about the electronic door locking of that space. They also discussed the burden of fees on some users of the Community space that may reduce use of that space, establishing a scholarship fund to help groups pay for the rental fees and a process for waiving fees. The Board reviewed the Facility Use Policy draft and decided they would like to table action on it so they may review it further, include a trustee who was absent at their March 4 meeting and get neighborhood feedback of a new policy. They will revisit the issue in April but recommend that Council incorporate into the current Facility Use Policy that Library meeting rooms be open public forums (striking the phrase “defining who may use it”) during the time it will take for both groups, the Council and Library Board, to further discuss and create a revised policy. Councilmember Novitsky asked what implications the Library Board wishes to review, and Ms. Dougherty cited staffing costs for afterhours use. Councilmember Novitsky said he didn’t agree (with the Board’s recommendation) that the Library, which is fully City funded, be open to anyone, also noting that use clarification should have been reviewed before two previous policy amendments. He said what the Council has proposed is equal, not free but reasonable, and what the Library Board has proposed is not equal because they don’t want to charge for anything. He said a minimal charge should be implemented for a great meeting room. Attorney Hoeft agreed with Mayor Schmitt’s understanding that the ruling is that everyone is charged for room use or no one is charged, whether during the day or afterhours. Councilmember Buesgens said she could support what the Library is currently requesting, that Library meeting rooms are accessible to everyone, but would like to hear what the Library Board City Council Minutes March 9, 2020 Page 8 has to say after their next meeting as far as charges, hours, daytime charges, fees for taking care of the rooms. Manager Bourgeois estimated supportive staff cost as being 15 minutes of administrative time and 30 minutes of custodial time, which is about $17.00 per rental, assuming the renters have set up and taken down the used room as required. This does not take into consideration any utilities, payment for the building and table/chair replacements if needed because of use. Councilmember Murzyn, Jr. thinks there should be damage deposit implemented and the Library should be able to adjust current employee schedules (such as coming to work later in the day) to monitor afterhours meetings. Councilmember Williams agrees with Councilmember Novitsky and Murzyn, Jr. about charging for meeting room use. Councilmember Novitsky said he would like to open the meeting rooms to everybody but install a $30.00 minimum charge per hour for the Community Room during the day and afterhours but wouldn’t apply to current reservations. Councilmember Buesgens said she could support a $20.00-per-hour charge, and her only concern for afterhours meetings would be morning clean-up and how much a damage deposit would be reasonable. Mayor Schmitt thinks a $25.00-per-hour charge would be a good compromise (between Councilmember Novitsky’s $30.00 and Councilmember Buesgen’s $20.00), which all agreed to. She also thinks a 7:00 am to 9:00 pm timeframe is reasonable. She asked Ms. Dougherty to keep Attorney Hoeft informed about Facility Use Policy changes recommended by the Library Board. Responding to Mayor Schmitt’s request, Manager Bourgeois reported that the Facilities Maintenance Supervisor uses the Paycom system; so, once Library staff has made a Community Room reservation in Outlook, he uses that to open and lock the room. She said once a new Facility Use Policy is in place, standard operating procedures could be implemented, incorporating how rooms are paid for. Currently there is no ability to take credit card payments and there is no damage deposit but a fee is charged if a room is left in a mess. Ms. Dougherty confirmed that there are currently room reservations over the next 60 days. Attorney Hoeft said he has no problem with the $25.00-per-hour fee for afterhours use, to offset staff time for such things as to open doors, but preferred an interim policy (reflecting the new 9:00 pm cut-off and $25.00 fee for normal working hours and afterhours rentals) be implemented now but be effective June 1, 2020. This would not affect current room reservations up to that date. Council consensus is to put into effect a $25.00-per-hour room rental fee for daily and after hours, revise room availability to a timeframe of 7:00 am to 9:00 pm Monday through Saturday and then keep the change recommended by the Library Board to eliminate (under item 4) “by Columbia Heights residents or nonprofit groups” to “for events open to the general public and appropriate to the facility.” City Council Minutes March 9, 2020 Page 9 Mayor Schmitt opened the floor to public comment. Cliff Johnson, City resident, asked if there would be opportunity for public comment in the future and Ms. Dougherty said the public is welcome to attend Library Board meetings, which occur the first Wednesday of each month at 5:30 pm at the Library. Mr. Johnson agreed that the rooms should be open to the public and that there should be a use fee. KT Jacobs, City resident, said her takeaway from the Council’s last work session is that if the current 2016 Facility Use Policy is being executed appropriately, the Library is already expending a certain amount of staff time, making it a nonissue. What she sees as additional cost factors are 1) if staff needs to be present after hours and 2) the Community Room being made available to people who have not paid their fees. She believes the door should not be left unlocked after hours and ALA states policies should be inclusive -- and the current policy is exclusive, and there may be a hardship for such groups as the Girl Scouts and recommends a qualifier in the new rental process that either addresses that or mandates a scholarship program for those groups. Theresa Strike, City resident, understands the misuse of Libraries and supports a damage deposit but is concerned about a flat across-the-board fee for use. She would like to ensure groups still have access, such as utilizing a scholarship, and wants to ensure the public can use the Library space. Catherine Vesley, Library Board chair, said, after listening to a great deal of City and public comment, she wanted to ensure people that the question of access is fundamental to all library systems nationwide and that the Library Board has tried to balance access with the needs staff “have constantly commented on.” She said she had received a copy of the draft Facility Use Policy two hours before their Board meeting, so no one on the Board really had a chance to review it; a fee reduces access; and complex considerations include balancing staff and custodial time, renovating space and addressing broken equipment needs. Ms. Vesley said the Board would meet in April and generate a good compromise on a revised policy, and she will try to meet with nearby libraries to find out how they are addressing similar issues. Jonathan Rehlander, Senate District 41 DFL Chair, said the question is whether a public library should be charging fees for access from the public. He lives in Fridley and has used library space in various Metro cities and said his group has the ability and is willing to pay a fee but has concern about fee-based rentals especially during the day. Motion by Councilmember Buesgens, seconded by Councilmember Williams, to close the meeting to public comment. All Ayes, Motion Carried 5-0. Mayor Schmitt stated her understanding that afterhours rental fees need to be charged and, legally keeping in line with that across the board, normal-hour rental fees also must be charged. The subject also came up about waiving fees, and Attorney Hoeft said it would be tricky to implement. He recommended keeping the policy as simple as possible, especially for the staff implementing it, so there will be no confusion. City Council Minutes March 9, 2020 Page 10 Attorney Hoeft summarized for Council the policy amendments: 1) opening the meeting rooms to public forums, 2) implementing a $25.00-per-hour fee to anyone renting the Library rooms during the day or evening and 3) implementing room availability to the hours of 7:00 am to 9:00 pm Monday through Saturday. Motion by Councilmember Buesgens, seconded by Novitsky, to adopt the current Facility Use Policy as presented and as amended. 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Murzyn, Jr. said Columbia Heights VFW Post 230 will have a Pancake Breakfast on Saturday, March 21, 8:30 am to 12:00 pm at 4446 Central Avenue NE. There will be a free-will offering and all proceeds will go to the Women’s Auxiliary. Councilmember Buesgens attended the Columbia Heights High School Band Concert in the new band room; Shelly Hanson’s retirement party; the Planning Commission Meeting; and volunteered at the well-attended Fix-It Clinic at Community United Methodist Church, when 253 pounds were saved from the landfill. Mayor Schmitt attended “Chili with a Cop” and asked Chief Thompson to make his announcement, which was that Columbia Heights was awarded MasterChef’s “2020 Golden Chili Pot.” She also attended the Tibetan New Year’s Festival in St. Paul. Manager Bourgeois said the City received 25 applications for City committees and commissions and asked the Council to provide their availability timeslots to the City Clerk so interviews may be scheduled very soon. 11. COMMUNITY FORUM None 12. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Williams, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 8:50 pm. Respectfully Submitted, ___________________________________ Nicole Tingley, City Clerk/Council Secretary