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05-20-2013 May 20, 2013 Mayor and Council Minutes S"Iv Y R N 4.df.;.{.Tdffi1,rt� 2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Draft City Council Council Chambers Monday, May 20, 2013 7:30 PM Call to Order: Presiding officer Mayor pro temLnenicka called the meeting to order at 7:30. Present: 5 - Mayor pro tern Wade Lnenicka, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Susan Wilkinson and Councilmember Ron Fennel Absent: 3 - Mayor Max Bacon, Councilmember Melleny Pritchett and Councilmember Charles Welch Also Present: 11 - Jeffrey Tucker, Terri Graham, Jennifer Bennett, Ann Kirk, Kevin Klosterboer, Toni Jo Howard, Jessica Melton, Tammi Saddler Jones, Eric Taylor, Ken Suddreth and Jason Lanyon 1. Invocation and Pledge: Mayor pro tern Lnenicka called on Reverend Barbara Hatchell,who led all in the pledge and delivered the invocation. 2. Agenda Changes: Mayor pro tern Lnenicka stated that item 4(A) would be tabled until June 3, 2013 and that 4(B) would be tabled at the request of the applicant. He introduced Jeffrey Tucker, who was filling in for city attorney Scott Cochran and acknowledged management fellow Jessica Melton. He announced that Ms. Melton was taking a position in the private sector and commended her work and accomplishments with the City. 3. Mayoral Report: A. Proclamation in Recognition of the American Cancer Society "Relay For Life Week" (May 26-31, 2013) Sponsors: Fennel The Mayor pro tern called on Councilman Fennel, who read aloud the Proclamation in honor of the American Cancer Society's "Relay for Life Week". There was a presentation to Amy Haygood and Kimberly Kilabrough.Additional information about the event was shared, including the fact that the founder of Relay for Life would be in atiendance. Councilman Fennel offered contact information for those wishing to join the Smyrna team. B. Proclamation in Recognition of Poppy Day (May 25, 2013) Sponsors: Welch City of Smyrna May 20, 2013 s'. The Mayor pro tern called on Councilwoman Wilkinson to read aloud the Proclamation in honor of Poppy Day, after which it was presented to Marilyn Roy. Ms. Roy shared locations where representatives of the American Legion would be conducting fundraising and advised that there would be a barbeque following the Memorial Day celebration. She encouraged all to support the Legion and shared ways for people to become involved with the group's efforts. C. Recognition of Austin Hibbard, of Boy Scout Troop 61 for Eagle Scout Leadership service projects in April 2013. Sponsors: Fennel Ann Kirk provided the background on the projects completed by Austin Hibbard, who introduced those in attendance with him. Councilmember Fennel lauded his efforts and presented him with an American flag that had flown over the home of Charlie Love. Mr. Love was a Smyrna resident and distinguished American hero that had died from a lung disease caused by exposure to agent orange. Councilman Fennel shared that Mr. Love was buried in Arlington and that his widow was honored to have the flag properly disposed of by Eagle Scout Hibbard. 4. Land Issues/Zonings/Annexations: A. Public Hearing - Approval of code amendments to Sections 402 and 709 of the City's Zoning Ordinance to add non-emergency ambulance services to the list of permitted uses under the Limited Commercial zoning district - City of Smyrna Sponsors:Blustein Mr. Taylor advised that a request from the owner had been received to allow a tenant providing non-emergency ambulance service. He stated that this item was being reviewed and required additional time. Mayor pro tern Lnenicka announced the public hearing and called for comment. Applicant Derwood Pierce stated that he was not aware that there were outstanding questions about this request. Mayor pro-tern Lnenicka advised that there was a need to address taxi services as part of the ordinance and some additional legal questions needed to be answered. A motion was made by Councilmember Blustein, seconded by Councilmember Wilkinson, that this Ordinance be tabled to June 3, 2013. The motion carried by the following vote: Aye: 4 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Wilkinson and Councilmember Fennel B. Public Hearing - Zoning Request Z13-002 - Rezoning from R-15 to RAD-Conditional - 6.76 Acre Tract - Land Lot 335 - 4160 and 4176 North Cooper Lake Road - Joseph Romano - Item was tabled from the May 20, 2013 meeting at the request of the applicant. Sponsors: Fennel Mr. Taylor advised that the applicant was seeking a rezoning and that it would be postponed in part so that all Council could be in attendance. Mayor pro tern Lnenicka advised that, additionally, a letter had been received from the City of Smyrna May 20, 2013 applicant requesting postponement. He announced the public hearing and called for input. There was none. A motion was made by Councilmember Fennel, seconded by Councilmember Wilkinson, that this Zoning be tabled. The motion carried by the following vote: Aye: 4 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Wilkinson and Councilmember Fennel C. Public Hearing - Zoning Request Z13-006 - Rezoning from R-15 to RAD-Conditional - 4.3 Acre Tract - Land Lot 448 - 1044 Fleming Street and 1031 & 1041 Powder Springs Street - Brad Thompson Sponsors: Anulewicz Mr. Taylor advised that the applicant was seeking to build 19 residential units and that a zoning change was required. He stated that the request had been approved 6-0 by the Planning &Zoning Board on April 8, 2013 and that Community Development recommended approval with conditions. Mayor pro tern Lnenicka recognized the applicant and announced the public hearing. Mr. Suddreth delivered a report on the specifics of the request, displaying site plans and elevations. He advised that Community Development recommended approval of rezoning of the subject property from R-15 to RAD-Conditional for nineteen (19) detached single-family units at a density of 4.42 units per acre with the following conditions: Standard Conditions (Requirement#2, 3, 4, 5, 8, 9, 10, 12, 16 and 17 from ( Section 1201 of the Zoning Code is not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads (i.e. Powder Springs Street) 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. 4. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year 1 to 100-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any ,.ty of Smyrna May 20, 2013 public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of"full-cutoff lighting". 11. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 13. All yards and common areas are to be sodded and landscaped. Irrigate as appropriate. Special Conditions 14. The development shall maintain the following minimum setbacks: Front—20' Interior Side—5' (with a minimum building separation of 10') Street Side— 10 Rear—20' 15. Each home will be a minimum of 1,800 square feet in floor area. 16. Driveway — 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. Each garage shall have decorative style doors. 17. Each home shall have a fire sprinkler system approved by the City's Fire Marshal. 18. The developer shall be responsible for the 8" water main extension from Powder Springs Street to Fleming Street. 19. No storrnwater management facility or portion thereof shall be located on any portion of the proposed lots. The stormwater management facilities shall be solely located on the HOA's property. 20. The final plat for the development shall include a right-of-way dedication of 5' along Powder Springs Street. 21. The developer shall install a new 5' sidewalk for the length of the development along Powder Springs Street and though out the development. There shall be a 2' grass buffer between the sidewalk and the back of curb. City of Smyrna May 20, 2013 22. Approval of the rezoning of the subject property shall be conditioned upon the development of the property in substantial compliance with the site plan .,.q.. submitted 5/13/2013 and created by Ashford Engineers, Inc. 23. The applicant shall be bound to the elevations submitted and dated 3/11/2013. Approval of any change to the elevations must be obtained from the Director of Community Development The applicant was sworn in and Councilwoman Anulewicz inquired who would be responsible for maintaining the passive park. Mr. Thompson explained that R it would be covered by the HOA and there was discussion about ensuring walkability to the new Smyrna Elementary school. Councilwoman Anulewicz raised the issue of specimen trees and the applicant's familiarity with the city's tree ordinance. Mr. Thompson offered compliance assurances and expressed his desire to maintain as many heritage trees as possible. Councilman Fennel confirmed the price point with the applicant stating a minimum of low to mid 300's and a project start date of August. There was discussion with Councilwoman Wilkinson regarding drives and garage placement. Mr. Thompson explained the market preference for front drives in order to preserve backyard greenspace, particularly for families. A motion was made by Councilmember Anulewicz, seconded by Councilmember Fennel, that this Zoning be approved with all conditions. Mayor pro tern Lnenicka confirmed,for the record, that the applicant was agreeable to the proposed stipulations as laid out by Community Development. The motion carried by the following vote: Aye: 4 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Wilkinson and Councilmember Fennel D. Public Hearing - Zoning Request Z13-009 - Reversion of zoning from i RAD-Conditional to R-20 - 1.854 Acre Tract - Land Lot 532 - 1315 and 1331 Cooper Lake Road - Sandra Ledinsky Sponsors: Fennel Mr. Taylor explained that on April, 21 2008 an annexation and rezoning request from R-20 to R-12 conditional was approved for six homes. He noted that the property had since foreclosed and that no development had taken place. In accordance with the city's ordinance the property would revert to its original zoning after 12 months of inactivity. Mr. Taylor stated that staff recommended approval. i A motion was made by Councilmember Fennel, seconded by Councilmember Blustein, that this Zoning be approved. The motion carried by the following I vote: Aye: 4 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Wilkinson and Councilmember Fennel E. Mayor and Council approve the abandonment and conveyance of "" Alley Parcel property as described in the attached legal description and as depicted on a boundary and topographic survey of Powder Springs Street dated March 1 , 2013 and being shown as a 16 foot alley parcel containing .01377 acres (5,998 sq. ft.) as part of a zoning City of Smyrna May 20, 2013 request for the property on Powder Springs Street known as 1031, 1041 and 1044 Fleming Street. Sponsors: Anulewicz Mr. Taylor explained that this was related to the previous item brought forward for Mr. Thompson. He elaborated that in order to develop the property as proposed it was necessary for the City to abandon and convey land initially used for an alley way. Mr. Taylor advised that staff was in support of the project and recommended approval. Councilwoman Anulewicz remarked that 19 new families living in Ward 3 was a good trade off. The Mayor pro tern noted that the property was not needed by the City for any reason and it was therefore appropriate to put it back into the hands of property owners. A motion was made by Councilmember Anulewicz, seconded by Councilmember Fennel, that this Conveyances be approved. The motion carried by the following vote: Aye: 4- Councilmember Blustein, Councilmember Anulewicz, Councilmember Wilkinson and Councilmember Fennel Privilege Licenses: The Mayor pro tern stated that there were none. 6. Formal business: A. Public Hearing: Proposed Budget for FY 2014 Sponsors: Anulewicz Mr. Taylor advised that staff had been working hard to prepare the new budget that would take effect on July 1, 2013 for FY 2014. He stated that in accordance with state law the public hearing had been properly advertised. He introduced Kevin Klosterboer, who presented the budget. Clerk's note: Proposed budget is included as "Exhibit A". Schedule of fees and charges is included as "Exhibit B". Councilman Fennel remarked that the information could be located online and Mr. Klosterboer provided details on how to access the budget and the presentation. The Councilman commented that citizens could contact their Ward representatives with any questions. Councilwoman Anulewicz advised that the next hearing would take place on June 3, 2013. Mayor pro tern Lnenicka remarked on the importance of the budget as related to the trust of the citizenry. He lauded the efforts of staff and noted that the presented budget was the draft proposal. The Mayor pro tern shared his anticipation that adjustments were likely and that the goal was to present a final version on June 3rd. He thanked Mr. Klosterboer for preparing a highly detailed budget, commenting that it was the most comprehensive he had seen throughout his years of service. Mayor pro tern Lnenicka noted Mr. City of Smyrna May 20, 2013 Klosterboer's exceptional knowledge of the material and thanked all of the staff that participated in the process. . .. B. Authorize a Resolution and Declaration of taking, of 1346 sq. ft. of temporary construction easement at 1513 Veneta Way for the Kathy Lane Culvert Replacement Project. Sponsors: Lnenicka Mr. Taylor advised that Public Works had scheduled the replacement of the culvert on Kathy Lane and that a temporary easement was necessary in order for the project to move forward. He stated that staff was asking Mayor and Council to authorize the action. Mayor pro tem Lnenicka noted that Kathy Ln. had a culvert over a deep creek and that the roadway was visibly beginning to sink. He remarked that action had to be taken to avoid the culvert collapsing and impeding access to homes. He stated that attempts to negotiate a construction easement had been unsuccessful. The Mayor pro tem explained that the City was not taking any land, rather buying the right to access it during the construction process. He shared that it would be returned to original condition. Councilman Fennel commented that the repair was needed for public safety purposes. He stated that the length of the disruption to the home owner would be short and that the land would be returned to the same, if not better, condition. Mayor pro tern Lnenicka stated that the owner would be compensated and that meetings with the owner had been conducted to address her concerns and rrequirements. A motion was made by Councilmember Anulewicz, seconded by t' Councilmember Blustein, that this Condemnation be approved. The motion carried by the following vote: Aye: 4 - Councilmember Blustein, Councilmember Anulewicz, Councilmember i Wilkinson and Councilmember Fennel . Commercial Building Permits: The Mayor pro tern stated that there were none. 8. Consent Agenda: Mr. Taylor read aloud the consent agenda items. He commented that there were three parts to the CDBG block grant: continuing ward 5 code enforcement officer; storm sewer; all access playground to be developed in Cobb Park. i ! A. Approval of the Mayor and Council Minutes for the May 6, 2013 E j This Minutes was approved. Award RFP 2013-066 for replacement and storage of banners to the l low bidder Commercial Signs, Inc. in the amount of $22,560.00 and authorize the Mayor to execute any relatea documents. t Sponsors: Anulewicz This Bid/RFP Award was approved on the Consent Agenda. City of Smyrna May 20, 2013 Award RFQ 13-030 Linnwood Drive Drainage Project to the lowest bidder Ardito Construction Co. for $27,000.00 and authorize the Mayor to execute any associated documents. Sponsors: Wilkinson This Bid/RFP Award was approved on the Consent Agenda. D. Award bid RFQ 13-028 North Cooper Lake Road Drainage Project to the lowest bidder Ardito Construction Co. for $20,885.00 and authorize the Mayor to execute and associated documents Sponsors: Welch This Bid/RFP Award was approved on the Consent Agenda. E. Approval of 2013 CDBG Subrecipient Agreement for use of Community Development Block Grant Funds (CDBG) in the amount of $238,060.00 between Cobb County and City of Smyrna and authorize Mayor to sign and execute agreement. This Authorization was approved on the Consent Agenda. F. Approval to close road for Graduation Block party on May 25, 2013 from 3:00 PM to 7:00 PM. Route to be blocked off 1102 - 1088 Huntington Trace Dr., Smyrna, GA Sponsors: Welch This Authorization was approved on the Consent Agenda. G. Approval of Bid Award; RFQ 13-029 Dehumidification Unit Installation at Wolfe Center Pool in the amount of $99,422.31 to lowest qualified bidder, Bramlett Mechanical and authorize the Mayor to execute any related documents Sponsors: Wilkinson This Bid/RFP Award was approved. A motion was made by Councilmember Fennel, seconded by Councilmember Anulewicz, that the consent agenda as presented be approved. The motion carried by the following vote: Aye: 4 - Councilmember Blustein, Councilmember Anulewicz, Councilmember Wilkinson and Councilmember Fennel 9. Committee Reports: Councilwoman Blustcin called on Ken Suddreth, who delivered a report on community development statistics for the month of April and the positive trends. - . Councilwoman Blustein remarked on the recent tragedy in Oklahoma. Councilwoman Anulewicz called on Ms. Howard and thanked the finance City of Smyrna May 20, 2013 department for their exceptional budget production. Ms. Howard shared that the Tyler Munis conversion was continuing with the property tax portion. She noted that they were reviewing the billing generation section to identify each of the qualifying exemptions for citizens. She provided her contact information for those wanting to make comments or suggestions. The Mayor pro tem shared that annual assessments were beginning to arrive and that up to date info should be forthcoming. Councilmember Anulewicz restated that the next public hearing for the budget would be on June 3, 2013. She advised that the budget was available on the website and the City Clerk's office. Jennifer Bennett commented on events in Oklahoma. She announced to all present that Georgia Power and Cobb County Travel and Tourism had joined as sponsors of Food Truck Tuesday. Ms. Bennett shared that the truck line-up , had gone out on the city's facebook page and that information would be placed on the city website. i Councilmember Blustein commended all staff involved for the outstanding work and there was discussion about limited parking for the event. Ms. Bennett thanked parking partners Community Bank of the South, Smyrna Presbyterian and Covenant Christian. She stated that Campbell Middle School was expected to come aboard soon. Councilman Fennel shared the positive feedback he had received had remarked that the event was a wonderful example of the vision for Smyrna. Councilwoman Anulewicz wished Jessica Melton success in her future endeavors and remarked on the good fit for her at Granicus. The Councilwoman announced that Smyrna's Rotary Club had hosted the first Scoop of Smyrna event and displayed the award she received for best overall recipe. Ann Kirk announced that the fresh market was up and running with 12-14 vendors anticipated. She advised that the Jonquil Garden Club would hold a plant sale on June 8th to raise scholarship money for a Chatahoochee Tech horticultural student. Ms. Kirk shared the success of the 5th annual garden tour and remarked on die prolific blooms throughout the city. She noted that over 50 volunteers had donated more than 170 hours; raising over $9,000 dollars to plant trees at Taylor Brawner and along walking trails. Ms. Kirk Anyone provided information for those interested in participating in the event the following year. Councilwoman Anulewicz expressed her excitement about the universally accessible playground equipment and commented that there were not many in existence. Councilwoman Wilkinson noted that she had the pleasure of speaking to two classes of 5th graders at Norton Park Elementary about government. Library Director Mary Moore invited all Smyrna residents to sign up for the summer reading program. She announced the kick-off date and details. She relayed an anecdote about a patron that was inspired and touched by a display fil ., at the library. Steve Ciaccio advised that Tolleson pool would soon reopen and shared admission prices and details. He announced that many improvements had been made as part of SPLOST. He reminded all that resident only concert City of Smyrna May 20, 2013 tables were on sale and advised that there had been an excellent response to the public input questionnaire for the Parks and Recreation master plan. Councilman Fennel congratulated Councilwoman Anulewicz on her win at the w.. first Scoop of Smyrna event. He shared that his wife's recipe had also won recognition. The Councilman stated that there were over 50 attendees. He commended the efforts of parents, coaches and volunteers that were instrumental in organizing the Smyrna Little League and encouraged all to attend the fresh market. He noted that he had been honored to attend, along with the majority of Council, the recent RMAC luncheon. Chief Lanyon discussed heat related emergencies: symptoms; high risk groups; preventative actions and treatment. Councilman Fennel commented on the increased police activity to discourage drunk driving. Chief Brown provided arrest statistics, noting an overall increase with DUI related arrests up by 450°Jo as a result of the newly formed DUI task force. He announced recent police promotions and advised that the first Smyrna police academy had begun. He shared that the class was full and that those interested in future programs could register through the website. Councilman Fennel discussed TEAM Georgia and its efforts to promote safe boating and driving practices. He urged all to thank public safety personnel for their service and commented that Memorial Day was celebrated to recognize fallen public safety members as well. The Councilman reminded all about the upcoming Relay for Life and provided contact details. Councilmember Wilkinson mentioned the garden tour, stating that it was a wonderful event, and expressing gratitude to all of the participants and volunteers Eric Taylor shared the Smyrna food truck lineup and entertainment roster. He recognized management fellow Jessica Melton and announced that she was leaving to work as a product trainer for Granicus. Mayor pro tem Lnenicka extended accolades to Mr. Taylor as manger of the budget team. Ms. Melton thanked all for their comments and the opportunity to work with the City. Mayor pro tem Lnenicka reminded all of the Memorial Day ceremony and provided details. 10. Show Cause Hearings: The Mayor pro tem stated that there were none. 11. Citizen Input: Larissa Edwards of 304 Hickory Springs introduced herself as the Messiah and discussed the importance of time. She reviewed preliminary guidelines for a public debate and listed potential topics. 12. Adjournment: Mayor pro tern Lnenic.a declared the meeting adjourned at 9:38 p.m. City of Smyrna May 20, 2013 � . � kkv MAYOR AND COUNCIL MEETING • A. MAX BACON,MAYOR TERRI GRAHAM, CITY CLERK 111.Ati , / "_ / (OA 1A - LLEN\ PRIT T , WARD 1 ANDREA BLUSTEIN, WARD 2 ti../../4".. anALA) O., Lu____,_(„1, 1ERI ANULEWICZ,C ARD 3 CHARLES A.WELCH, WARD 4 SU AN WILKINSON, WARD 5 WADE S. LNENI KA. WARD 6 /1°19 r „ , I. RON ENNEL, WARD 7 { APPENDIX "1" TO EXHIBIT "A" RESOLUTION NO. 2013-04 A R E SOLUTION AND ORDER O F THE CITY COUNCIL OF THE CITY OF SMYRNA, GEORGIA AUTHORIZING CONDEMNATION OF A TRACT OF LAND CONSISTING OF A PORTION OF PROPERTY KNOWN AS 1513 VENETA WAY SMYRNA GEORGIA AND LOCATED IN LAND LOT NO. 598 OF THE 17TH LAND DISTRICT OF COBB COUNTY, GEORGIA BY DECLARATION OF TAKING METHOD PURSUANT TO THE PROVISIONS OF O.C.G.A. § 32- 3-4 et seq. WHEREAS, Section 4 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated and following sections authorize the City to file a condemnation proceeding in Cobb County Superior Court under a method known as declaration of taking to acquire private property interests for public road or transportation purposes upon payment of just and adequate compensation therefore to the person or persons entitled to such payment upon the Council's finding that circumstances are appropriate for the use of said method; and WHEREAS, the City Council of the City of Smyrna, Georgia ("Council") finds and believes th at circumstances are appropriate for the use of the declaration of taking method to acquire property for public road or transportation purposes. Said tract is owned by Mary M. Edwards and is acquired for one ris or more of the reasons set forth in O.C.G.A. § 32-3-4, including a desire in the interest of justice to have judicial ascertainment of any and all questions connected with the condemnation. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Council that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking method on that tract of land known as a portion of 1513 Veneta Way, Smyrna, Ga owned by Mary M. Edwards, located in Land Lot 598of the 17th Land District in Cobb County, Georgia. BE IT FURTHER RESOLVED AND ORDERED,that legal counsel for the City of Smyrna, Georgia is authorized and directed to file such proceedings and the Mayor is authorized to execute this Resolution and I Order on behalf of the full Council, a declaration of taking, and any other documents necessary to effectuate same. SO RESOLVED this 20th day of May 2013 The C'ty of".yr By: A. 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