HomeMy WebLinkAbout2014 06-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 9, 2014
CITY HALL—COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin
Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director
Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin
Benner, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Tykesha Crouch, 6825 Grimes Place N., stated her concern that Victoria Townhomes is trying to
eliminate the Project Based Section 8 Program. She asked for the City Council's help to talk
with the Townhome owners so they can retain affordable housing. Ms. Crouch provided the City
with copies of correspondence relating to this issue.
City Manager Curt Boganey stated the Townhome owner sent a letter in July of 2013 to residents
explaining these plans; however,he does not recall the specifics of the owner's commitment to
residents. That correspondence addressed Section 8 vouchers that would be available and what
the owner was willing and able to do on behalf of the residents.
The Council noted in this case, the best agency to assist is HOME Line. Mr. Boganey agreed
HOME Line was the best resource to answer these types of questions and staff has been referring
residents to that organization.
Louis Logan, resident of Vitoria Townhomes, stated residents sent a letter to the Townhome's
owner,but instead the property manager responded. He asked for the City Council's assistance.
Eric Hauge, HOME Line Lead Tenant Organizer, stated they are working with Victoria
Townhome residents to address their concerns. He noted that this housing has been in Brooklyn
Center for a long time and a lot of government subsidies have been invested in this property. Mr.
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Hauge stated the long-term loss of this affordable housing is the larger concern so residents are
asking for the City's assistance.
Mayor Willson asked if this type of housing is lost through attrition when there is turnover of
residents. Mr. Hauge stated there are 48 three-bedroom townhome units and explained the
process that occurs when vouchers move out of the City or elsewhere and the impact on the
number of available vouchers when federal funding is cut.
The Council acknowledged this concern and asked questions of Mr. Hauge related to funding.
Mr. Hauge stated residents are asking for a meeting with the property owner to address their
concerns and the City is being asked to facilitate the scheduling of that meeting.
2. INVOCATION
Councilmember Kleven offered an invocation for wisdom and guidance, and requested a
moment of silence and personal reflection.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:02 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin
Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director
Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin
Benner, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inca
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
approve the Agenda, as amended to add Agenda Item 7a, Senate Resolution No. 261
Commemorating the Lives and Work of Deceased Senators, and Consent Agenda, and the
following consent items were approved:
6a. APPROVAL OF MINUTES
L May 27,2014—Study Session
2. May 27, 2014—Regular Session
3. May 27, 2014—Work Session
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6b. LICENSES
FIREWORKS - PERMANENT
Walmart 5625 (TNT Fireworks) 1200 Shingle Creek Crossing
MECHANICAL
General Sheet Metal Company 2330 Louisiana Avenue N., Minneapolis
Hillard Heating & Cooling 13790 26th Avenue N., Zimmerman
Metro Heating & Cooling 255 Roselawn Avenue E., #41, Maplewood
Niel Heating and A/C P.O. Box 29292, Minneapolis
Recher HVAC 1125 Mississippi Drive N., Champlin
Weld & Sons Plumbing 3410 Kilmer Lane N., Plymouth
RENTAL
INITIAL (TYPE III – one-year license)
5500 Bryant Avenue N. Terrence Magill
6807, 6813, 6819 Humboldt Avenue N. Mindy Mazzuco
1330 67th Lane N. Mark Sibilev
INITIAL (TYPE II – two-year license)
2012 55th Avenue N. Invitation Homes
5315 71st Avenue N. Jolayne Williams
5548 Logan Avenue N. Gavin Kleinknecht
RENEWAL (TYPE III – one-year license)
1100 69th Avenue N. Evangelical Lutheran Church of the Master
800 62nd Avenue N. John Herbes
Did not meet plan requirements; missing ARM and CPTED Follow Up
2918 65th Avenue N. Hong Yang
RENEWAL (TYPE II – two-year license)
2926 53rd Avenue N. Nita Morlock
1401 73rd Avenue N. J Thomas Equities LLC
6443 Emerson Avenue N. Deepak Nath
5325 France Avenue N. David Goeske
4501 Winchester Lane Sandeep Dani
RENEWAL (TYPE I – three-year license)
5415 69th Avenue N. Maranatha Place Center Park Senior Apartments
5315 Fremont Avenue N. David Barnhard
5332 Knox Avenue N. Ira Kovalsky
5421 Lyndale Avenue N. Dragon Property Management
6718 Perry Avenue N. Gregory Oothoudt
6c. RESOLUTION NO. 2014-69 PROVIDING FOR NOTICE OF
WITHDRAWAL BY THE CITY OF BROOKLYN CENTER FROM THE
FIVE CITIES SENIOR TRANSPORTATION PROJECT
6d. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF
ORDINANCES RELATING TO TAPROOM SUNDAY SALES — FIRST
READING APPROVED AND SECOND READING AND PUBLIC
HEARING SET FOR JULY 14,2014
6e. RESOLUTION NO. 2014-70 ADOPTING COMPREHENSIVE ANNUAL
FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR
THE CALENDAR YEAR ENDED DECEMBER 31,2013
6f. RESOLUTION NO. 2014-71 APPROVING CONTINUANCE OF THE SUB
RECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR
NEIGHBORHOOD STABILIZATION PROGRAM 3 (MHFA NSP3 AND
HUD NSP3)
6g. RESOLUTION NO. 2014-72 APPROVING A COOPERATIVE
AGREEMENT WITH THE CITY OF BROOKLYN PARK REGARDING
USE OF THE CITY OF BROOKLYN CENTER'S DETENTION CENTER
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. MINNESOTA SENATE RESOLUTION NO. 261, COMMEMORATING THE
LIVES AND WORK OF RECENTLY DECEASED SENATORS
Mayor Willson read in full Minnesota Senate Resolution No. 261 commemorating the lives and
work of recently deceased senators that included former Brooklyn Center Mayor and Senator,
The Honorable Dean A.Nyquist.
8. PUBLIC HEARINGS
8a. PROPOSAL FOR THE ISSUANCE OF HEALTH CARE FACILITY REVENUE
NOTES (MARANATHA CARE CENTER PROJECT)
City Manager Curt Boganey introduced the item.
Finance Director Nate Reinhardt presented the request that the City Council consider host
approval to the issuance by the City of Little Canada, City of Osseo, and the City of North Oaks
of revenue obligations, under Minnesota Statutes, Section 469.152 to 469.1655, as amended, in
order to refinance the Maranatha Care Center Project that is located in Brooklyn Center. It was
noted the bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any
property of Brooklyn Center. The issuance will also not affect the City's credit rating.
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Mr. Reinhardt explained that because the City has the water treatment plant project this year, it
does not have sufficient bank qualification on its own for the full $20 million.
Dan Nelson, Best & Flanagan bond attorney, described the IRS Code requirement that limited
cities to issuing $10 million of bank-qualified debt each year. Because of that, the bonds will be
divided amongst three municipalities.
The Council discussed the request and asked questions of Mr.Reinhardt.
Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public
Hearing.
Motion passed unanimously.
There were no comments.
Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the
Public Hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2014-73 GIVING HOST APPROVAL TO THE
ISSUANCE ' OF HEALTH CARE FACILITY REVENUE NOTES
(MARANATHA CARE CENTER PROJECT)
Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2014-73 Giving Host Approval to the Issuance of Health Care Facility Revenue Notes
(Maranatha Care Center Project).
Motion passed unanimously.
8b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (7100
CAMDEN AVENUE NORTH)
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance to rezone the property for the Water Treatment Plant. It was noted this Ordinance was
first read on May 12, 2014, published in the official newspaper on May 22, 2014, and is offered
tonight for second reading and adoption.
Planning and Zoning Specialist Tim Benetti presented the application of the City to rezone
certain City-owned property of 8.95 acres from R-4 with a Land Use of PRO-RU, to an R-1
designation. Consideration tonight is for second reading and adoption following a second public
hearing.
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The Council asked staff to assure preservation of existing native growth and trees to screen the
site.
Councilmember Myszkowski moved and Councilmember Kleven seconded to open the Public
Hearing.
Motion passed unanimously.
There were no comments.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
ORDINANCE NO. 2014-05 Amending Chapter 35 of the City Code of Ordinances Regarding
the Zoning Classification of Certain Land Generally Located in the Northeast Quadrant Section
of the City of Brooklyn Center, located at 7100 Camden Avenue North.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2014-005 SUBMITTED BY
ROBBINSDALE AREA SCHOOL DISTRICT NO. 281 REQUESTING
APPROVAL OF SITE PLAN FOR NEW PARKING AND BUS TURN-AROUND
AREAS FOR NORTHPORT ELEMENTARY SCHOOL LOCATED AT 5421
BROOKLYN BOULEVARD
Mr. Benetti provided an overview of Planning Commission Application No. 2014-005 and
advised the Planning Commission recommended approval of the application at its May 29, 2014,
meeting.
Mr. Benetti answered questions of the City Council regarding the request for approval of Site
Plan for new parking and bus turn around areas for Northport Elementary School located at 5421
Brooklyn Boulevard and resulting additional traffic that may be generated by this change.
The Council acknowledged unrelated concerns of residents about the potential for cut through
traffic.
The Council concurred with the decision of Mayor Willson toopen the flo or for public comment.
David Johnson, 3500 Admiral Lane, described the Northport neighborhood's long-standing
issues with cut through traffic and belief this project and additional school buses will intensify
that situation. He asked whether the School District will open this parking lot for summer park
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activities as there is currently heavy street parking in this area that adds to congestion. Mr.
Johnson asked the City Council to consider how these concerns can be addressed.
The Council confirmed that whether to open the parking lot for summer park activities was a
School District decision and thanked Mr. Johnson for his comments.
1. RESOLUTION NO. 2014-74 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2014-005 SUBMITTED
BY ROBBINSDALE AREA SCHOOLS—ISD NO. 281 REQUESTING SITE
PLAN APPROVAL FOR CERTAIN PARKING LOT IMPROVEMENTS
FOR NORTHPORT ELEMENTARY SCHOOL (5421 BROOKLYN
BOULEVARD)
Councilmember Ryan moved and Councilmember Kleven seconded to adopt RESOLUTION
NO. 2014-74 Regarding the Disposition of Planning Commission Application No. 2014-005
submitted by Robbinsdale Area Schools — ISD No 281 Requesting Site Plan Approval for
Certain Parking Lot Improvements for Northport Elementary School (5421 Brooklyn
Boulevard).
Motion passed unanimously.
9b. PLANNING COMMISSION APPLICATION NO. 2014-006 SUBMITTED BY
GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF
AMENDMENT NO. b TO THE SHINGLE CREEK CROSSING PLANNED UNIT
DEVELOPMENT TO ALLOW THE RECONFIGURATION OF CERTAIN
BUILDINGS AND LOT LINES, AND ALLOW FUTURE DRIVE-THRU LANE
FOR NEW BUILDING
Mr. Benetti provided an overview of Planning Commission Application No. 2014-006 requesting
approval of Amendment No. 6 to the Shingle Creek Crossing Planned Unit Development to
allow the reconfiguration of certain buildings and lot lines and to allow a future drive-thru lane
for a new building. He advised the Planning Commission recommended approval of the
application at its May 29, 2014,meeting.
1. RESOLUTION NO. 2014-75 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2014-006 SUBMITTED
BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL
OF FOR A PLANNED UNIT DEVELOPMENT AMENDMENT NO. 6 TO
THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
adopt RESOLUTION NO. 2014-75 Regarding the Disposition of Planning Commission
Application No. 2014-006 submitted by Gatlin Development Company for a Planned Unit
Development Amendment (No. 6) to the 2011 Shingle Creek Crossing Planned Unit
Development.
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Motion passed unanimously.
9c. PLANNING COMMISSION APPLICATION NO. 2014-007 SUBMITTED BY
GATLIN DEVELOPMENT COMPANY REQUESTING THE APPROVAL OF
SITE AND BUILDING PLAN AMENDMENT FOR BUILDINGS NO. 9 AND 10,
ORIGINALLY APPROVED UNDER PLANNING COMMISSION
APPLICATION NO. 2013-020, IN SHINGLE CREEK CROSSING PLANNED
UNIT DEVELOPMENT
Mr. Benetti provided an overview of Planning Commission Application No. 2014-007 and
advised the Planning Commission recommended approval of the application at its May 29, 2014,
meeting.
Mr. Benetti answered questions of the City Council regarding the request for approval of Site
and Building Plan Amendment for Buildings 9 and 10 originally approved under Planning
Application 2013-20, in the Shingle Creek Crossing Planned Unit Development.
1. RESOLUTION NO. 2014-76 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2014-007 SUBMITTED
BY GATLIN DEVELOPMENT COMPANY REQUESTING THE
APPROVAL OF AN AMENDMENT TO THE APPROVED SITE AND
BUILDING PLAN TO ALLOW THE RECONFIGURATION OF
PROPOSED BUILDINGS 9 AND 10 WITHIN THE BROOKDALE MALL
FOOD COURT RECONSTRUCTION AREA AND WHICH IS PART OF
THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT
(1300 SHINGLE CREEK CROSSING)
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2014-76 Regarding the Disposition of Planning Commission Application
No. 2014-007 submitted by Gatlin Development Company Requesting the Approval of an
Amendment to the Approved Site and Building Plan to Allow the Reconfiguration of Proposed
Buildings 9 and 10 within the Brookdale Mall Food Court Reconstruction Area and which is part
of the Shingle Creek Crossing Planned Unit Development(1300 Shingle Creek Crossing).
Motion passed unanimously.
9d. PLANNING COMMISSION APPLICATION NO. 2014-008 SUBMITTED BY
GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF SITE
AND BUILDING PLAN FOR BUILDING R, A NEW 5,400 SQ. FT.
RESTAURANT BUILDING PAD SITE IN THE SHINGLE CREEK CROSSING
PLANNED UNIT DEVELOPMENT
Mr. Benetti provided an overview of Planning Commission Application No. 2014-008 regarding
the request for approval of Site and Building Plan for Building R, a new 5,400 square foot
restaurant building pad site in the Shingle Creek Crossing Planned Unit Development. He
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advised the Planning Commission recommended approval of the application at its May 29, 2014,
meeting.
1. RESOLUTION NO. 2014-77 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2014-008 SUBMITTED
BY GATLIN DEVELOPMENT COMPANY APPROVING THE SITE AND
BUILDING PLAN FOR PROPOSED BUILDING R, WITHIN THE
SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT
(FUTURE ADDRESS 1390 SHINGLE CREEK CROSSING)
Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt
RESOLUTION NO. 2014-77 Regarding the Disposition of Planning Commission Application
No. 2014-008 submitted by Gatlin Development Company Approving the Site and Building Plan
for Proposed Building R within the Shingle Creek Crossing Planned Unit Development (future
address 1390 Shingle Creek Crossing).
Motion passed unanimously.
9e. PLANNING COMMISSION APPLICATION NO. 2014-009 SUBMITTED BY
GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF SITE
AND BUILDING PLAN FOR BUILDING T, A NEW 5,500 SQUARE FOOT
RESTAURANT BUILDING PAD SITE IN THE SHINGLE CREEK CROSSING
PLANNED UNIT DEVELOPMENT
Mr. Benetti provided an overview of Planning Commission Application No. 2014-009 regarding
the request for approval of Site and Building Plan for Building T, a new 5,500 square foot
restaurant building pad site in the Shingle Creek Crossing Planned Unit Development. He
advised the Planning Commission recommended approval of the application at its May 29, 2014,
meeting.
The Council commended Messrs. Eitel and Benetti for their work on the City's behalf with this
project.
1. RESOLUTION NO. 2014-78 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2014-009 SUBMITTED
BY GATLIN DEVELOPMENT COMPANY APPROVING THE SITE AND
BUILDING PLAN FOR PROPOSED BUILDING T WITHIN THE
SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT
(FUTURE ADDRESS 1380 SHINGLE CREEK CROSSING)
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2014-78 Regarding the Disposition of Planning Commission Application
No. 2014-009 submitted by Gatlin Development Company Approving the Site and Building Plan
for Proposed Building T within the Shingle Creek Crossing Planned Unit Development (future
address 1380 Shingle Creek Crossing).
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Motion passed unanimously.
Mayor Willson stated the Planning Commission has one vacancy and after extensive study of
attendance records, he noticed there had been some minimum-quorum meetings. He commented
on the importance of full quorum Planning Commission meetings to assure business and
development in Brooklyn Center continues to proceed. Mayor Willson asked for an updated
copy of the attendance record so he can conduct a mid-year review.
Mr. Benetti stated Planning Commission Chair Burfeind has been diligent in stressing the
'
importance of attendance and following up with Commissio ners to assure attendance. The
Council concurred that Chair Burfeind is doing a good job.
10. COUNCIL CONSIDERATION ITEMS
-None.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• May 29, 2014, Planning Commission Meeting
• June 3, 2014,Joint Work Session with the Financial Commission
• June 10, 2014,Northport Park Neighborhood Park Meeting
• June 12, 2014, Post Legislative Meeting at Embassy Suites
• June 27, 2014, Panda Express Grand Opening
Councilmember Kleven reported on her attendance at the following and provided information on
the following upcoming events:
• May 29,2014, Adult Academic Program Graduation Celebration
• June 2, 2014, Evergreen School World Music and Dance Day
• June 3, 2014, Joint Work Session with the Financial Commission
• June 7-8, 2014,Angels Attic Fundraiser Event
• Book bins have now been placed at the Police Department and Community Center for
donation to the Crime Prevention Program
• June 13, 2014, Friday Teen Swim and Fun Night
• June 16, 2014, Start of a Mural Wall behind Earle Brown School
• June 20-21, 2014, Crime Prevention Program Sponsored Dudley/Budweiser Classic Softball
Tournament
• June 28, 2014, Ribbon Cutting Ceremony for Garden City Elementary School's newly
revamped Library
Councilmember Myszkowski reported on her attendance at the following and provided
information on the following upcoming events:
• June 3,2014, Joint Work Session with the Financial Commission
• June 3,2014,Earle Brown Days Committee Meeting
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• June 26,2014, Earle Brown Days Parade
• June 27, 2014, Earle Brown Days Golf Tournament
• June 28, 2014, Earle Brown Days Centennial Park Events, Big Band Event, and Fireworks
• Congratulated all Brooklyn Center graduates
• Congratulated African American Achievement Award Recipient Sierra Watkins and
provided details relating to that awards program
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• May 28,2014, Odyssey Academy Board Meeting
• May 29,2014, FBI Citizens Academy
• June 2, 2014, Spoke at Osseo High School with students who had sent letters to the, City
Council
• June 3, 2014, Earle Brown Days Committee Meeting
• June 3,2014,Joint Work Session with the Financial Commission
• June 5, 2014, FBI Citizens Academy
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• June 3,2014,Joint Work Session with the Financial Commission
• Commendations to the Target Corporation, a good corporate citizen in Brooklyn Center, for
their contribution towards the Garden City Elementary School Library
12. ADJOURNMENT
Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of
the City Council meeting at 8:39 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of
Brooklyn Center,Minnesota, certifies:
1. That attached hereto is a full, true, and complete transcript of the minutes of a
Regular Session of the City Council of the City of Brooklyn Center held on June
9, 2014.
2. That said meeting was held pursuant to due call and notice thereof and was duly
held at Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its June 23, 2014, Regular Session.
City Clerk Mayor -d
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