HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/21/1985 Kent , Washington
January 21 , 1985
Regular meeting of the Kent City Council was called to order at
7 : 00 o 'clock p .m. by Mayor Pro Tem/Council President Johnson .
Present : Councilmembers Bailey, Riteman , Johnson , Kelleher, Leahy
and Woods , City Administrator Cushing , City Attorney DiJulic ,
Planning Director Harris and Public Works Director Wickstrom.
Mayor Hogan and Councilmember White were not in attendance . Also
present : Parks Director Wilson and Assistant City Administrator
Webby. Approximately 50 people were in attendance at the meeting.
EMPLOYEE Employee Recognition Week. A Certificate
RECOGNITION of Appreciation was presented to City
Administrator Cushing in conjunction
with Employee Recognition Week honoring
him for his services to the City for the
past five years .
CONSENT WOODS MOVED that Consent Calendar Items
CALENDAR A through R be approved , with the excep-
tion of Item I which was removed at the
request of Cushing on behalf of Bill Harm.
Leahy seconded . Motion carried .
MINUTES ( CONSENT CALENDAR ITEM 5A)
Approval of Minutes . APPROVAL of the minutes
of the regular Council meeting of January 7 ,
1985 .
WATER ( CONSENT CALENDAR ITEM 5G )
Ranney Well Easement . AUTHORIZATION for
Public Works Department to accept a permanent
water easement granted by King County for
the Ranney Well site .
SURPLUS Sale of Surplus Property. On January 7 ,
PROPERTY 1985 the Council set a public hearing for
January 21 , 1985 for consideration of the
sale of certain utility property to Valley
Com for development of the new dispatch
facility. The property to be considered
as surplus consists of Lots 2 and 3 , Valley
Com Short Plat ( Kent Short Plat No. 84-10 ) ,
No. 8412200589 Records of King County,
commonly known as 23807 98th Avenue South.
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January 21, 1985
SURPLUS The public hearing was opened by Mayor Pro Tem
PROPERTY Johnson. No correspondence has been received
and there were no comments from the audience.
BITEMAN MOVED to declare as surplus, Lots 2
and 3 of the Valley Com Short Plat and to
authorize the sale of the property to Valley
Com, upon terms and conditions acceptable to
Vallev Com and the Utilities Department.
Motion carried .
STREET (CONSENT CALENDAR ITEM 5J)
BANNERS AUTHORIZATION to Kent Christian Center to hang
a banner on Smith Street between Kennebeck and
Jason, and on Central Avenue in the vicinity of
Kent Memorial Park between March 22 and April 7 ,
1985 .
� D
IMPOSITION of a moratorium on street banners
until such time as the City Council adopts a
street use ordinance or otherwise establishes
standards and policies governing public use of
City right of way for other than transportation
and travel . Direction to the City Administrator
to advise applicants for street bannners of the
moratorium.
POLICE (CONSENT CALENDAR ITEM 5C)
Authorization of Jail Medical Services Contract.
As recommended by the Police Department, AUTHOR-
IZATION for the Mayor to sign the renewal con-
tract for 1985 under which Kina County provides
medical services for Kent' s existing jail .
(CONSENT CALENDAR ITEM 5D)
Private Security Guards - Interlocal Agreement.
As recommended by the City Clerk, AUTHORIZATION
for the Mayor to sign the renewal of the Inter-
local Agreement under which King County licenses
and enforces Kent' s ordinances relating to pri-
vate security guards .
(CONSENT CALENDAR ITEM 5K)
District Court Filing Fees Contract. AUTHORIZA-
TION for the flavor to execute the interlocal
agreement establishing district court filing
fees for certain criminal and traffic infractions
with King County for 1985 .
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January 21 , 1985
PCLICE The 1985 contract with King County for district
court filing fees was discussed at the December
10 , 1984 workshop. SubsecTuent to that meeting
we have determined that Bellevue and Auburn have
agreed with the proposed filing fee for 1985 .
The City Attorney recommends acceptance of the
offer from King County for 1985 .
PARKS & (CONSENT CALENDAR ITEM 5E)
RECREATION Senior Citizen Center Design. ACCEPTANCE by the
City Council of the design development package
as presented by the architect , Henry_ Klein Part-
nership, at the January 14 workshop and AUTHORI-
ZATION to proceed on preparation of working draw-
ings and contract documents .
(CONSENT CALENDAR ITEM 5F)
Kaibara Park Block Grant Project. ACCEPTANCE of
Kaibara Park Bloc}- Grant Project as complete and
AUTHORIZATION to release retainage to Nu Ventures
upon receipt of releases from the State .
PERSONNEL (CONSENT CALENDAR ITEM 5N)
Contract with Apparel Plaster. AUTHORIZATION for
the Mayor to sign a 36-month contract with Apparel
Master, dba T4ashington Uniform Services for an
approximate amount of 838 , 750 annually. A auota-
tion summary has been included in the packet.
(CONSENT CALENDAR ITEM 50)
Teamsters Union. The City and the Teamsters Union
entered into a Memorandum of Understanding regard-
ing compensatory time on September 15 , 1984 . A
modification to that Agreement has been proposed
by the Union and is acceptable to the City. Staff
recommends that Council authorize the Mayor to
sign the Agreement followina ratification by the
Union. The modified Memorandum of Understanding
was approved by the Council Finance/Personnel
Committee on January 15, 1985.
PLANNING (CONSENT CALENDAR ITEM 5P)
COMMISSION Planning Commission Reappointments . REAPPOINTMENT
of Nancy Rudy and James Byrnes to the Planning
Commission. The new terms will expire December
31 , 1987 .
AFFORDABLE (CONSENT CALENDAR ITEM 5M)
HOUSING Affordable Housing Conference. AUTHORIZATION
for Fred Satterstrom' s attendance at the Afford-
able Housing Conference in San Antonio, February
4 and 5 . This matter was discussed at the January
14 workshop .
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January 21, 1985
FINANCE (CONSENT CALENDAR ITEM 5B)
Approval of Bills . APPROVAL of payment of the
bills received through January 22 after auditing
by the Finance Committee at its meeting at 4 : 00
p.m. on January 31, 1985.
(CONSENT CALENDAR ITEM. 5H)
Assessment Segregation - LID 283 - Resolution.
The segregation of Assessment No . 1 for LID 283
was previously approved by the Council on Decem-
ber 3 , 1984 . This resolution confirms the
segregation of the assessment. ADOPTION of
Resolution No . 104 6 : "A Resolution of the City
Council of the City of Kent, Washington, direct-
ing the Supervisor of Treasury Accounting to
segregate an assessment levied under LID 283 . "
(CONSENT CALENDAR ITEM 50)
LID 304 - Treasurer ' s Certificate. ACCEPTANCE
of the City Treasurer ' s certification that
$223 , 304 . 27 has been collected in assessments
for LID 304 , with $324 , 777 . 27 remaining unpaid.
(CONSENT CALENDAR ITEM 5R)
LID 311 - Treasurer ' s Certificate. ACCEPTANCE
of the Citv Treasurer ' s certification that
$6, 295. 12 has been collected in assessments
for LID 311 , with $13 , 391 . 44 remaining unpaid.
FIRE (CONSENT CALENDAR ITEM 5I)
REMOVED FROM THE CONSENT CALENDAR
Amendment to Sprinkler Ordinance . The City
Attorney has prepared Ordinance 2527 relating
to fire prevention; amendina Chapter 13 . 02 . 040
Kent City Code (Ordinance 2434 , as last amended
by Ordinance Nos . 2456 and 2484) to amend Section
10 . 309 (1) to exempt existing church sanctuaries .
The ordinance has been reviewed at the Public
Safety Committee meeting January 8 , 1985 , and
discussed at the Council workshop on January 4 ,
1985.
Bill Harms read a letter from James Bennett of
the National Fire Sprinkler Association stating
that this amendment to the Fire Code was not in
the City' s best interests and asked that the
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January 21, 1985
FIRE ordinance be delayed until the Association could
work with St. James Church to find an acceptable
arrangement for placing sprinklers in the sanctu-
ary. The letter was filed for the record. Rev.
Jack Gretz noted that this ordinance would apply
to only two churches in Kent, and requested that
it be passed as planned. He conceded that the
Association was skilled in designing sprinklers
but not in aesthetics . LEAHY MOVED to adopt
Ordinance 2527 , Biteman seconded and the motion
carried . Bailey noted that he was a member of
St. James Church and he therefore abstained from
voting .
STREETS LID 300 - Crow Road & S . 260th Street Improvement.
This date has been set for the public hearing on
the confirmation of the Final Assessment Roll
for LID 300 , for which the City Clerk has given
proper legal notice. The Director of Public
Works reviewed the information on protests pre-
viously made a part of the record and noted thAt
originally the public hearing to finalize the
Assessment Roll had been held on December 3 , 1984 ,
was continued to December 17th and continued
again to this date to allow time to respond to
the protests . Wickstrom recommended the following
action on the protests:
Assessment 42 , American Legion, reduced from
$48 , 139 . 38 to -0- .
Assessment 43 , King County Police Station, to
remain the same - $17 , 829 . 40 .
Assessment 428 , Kent Realty to remain the same
- $8 , 148 . 98 .
=#=�_ I
Assessment ##1 City property, to be increased
from $20 , 682 . 10 to $68 , 821. 48 .
He explained that no evidence had been presented
CORRECTED • REFER TO for items f3 and #28 to support reducing the assess-
MINUTES OF ' y- 8s ment. An appraisal of Item showed that the
property would not be benefitted so the assessment
has been deleted. The $48 , 139 . 38 has been added
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January 21, 1985
STREETS to the City' s share in order to avoid the costly
process and delay of redistributing the difference
to the other parcels .
The public hearing was opened by Mayor Pro Tem
Johnson. It was noted that no correspondence had
been received and there were no comments from the
audience. KELLEHER MOVED to close the public
hearing , Biteman seconded. Motion carried.
BITEP',AN MOVED that the City Attorney be directed
to prepare the ordinance confirming the Final
Assessment Rolloas modifiedjfor LID 300 , Kelleher
seconded . motion carried.
LID 307 - S.W. 43rd/S 180th Street Improvement.
This date has been set for the public hearing
on the addition of three properties to the LID
Boundary and confirmation of the Final Assessment
Roll . The City Clerk has given proper legal
notice. Public Works Director reviewed the
boundaries of the LID, noting that the original
hearing on confirmation of the LID was held in
October , 1994 , and that the addition of parcels
made tonight ' s hearing necessary. He referred
to the original boundaries of the LID and the
lots which were added . He explained that at
the time of inception of the LID, it was anti-
cipated that there would be an underground cross-
ing at the railroad tracks. Since this did not
take place, the scope of the LID was then changed.
He also explained the method of payment and collec-
tion of the LID assessments.
The public hearing was opened by Mayor Pro Tem
Johnson. The Clerk noted receipt and distribution
OIL letters from Russell Snider and Keith Tiede.
BAILEY MOVED to make the letters part of the
record , Woods seconded . Motion carried .
Nancy Tiede stated that the left turn`l�rie 'z "
front of parcel 4 was of no benefit 1alid ra,i%,• n
fact a hazard and requested that the assessm-nt x- :
r_zn -� stateA
be reduced for that parcel . Russ
that when this LID was originally formed, he 'had+`
been told he would not be included because of the
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January 21, 1985
STREETS proposed street elevation and the lack of turn
facilities into his property. Wickstrom noted
that Gary Volchok reviewed the "before and after"
value of the properties , a copy of which has been
furnished to the Council, to determine if the
three added properties did, in fact, receive
benefits from the improvement. He noted that
the total amount of the revised LID project
had not increased from the original amount and
that the assessments for parcels without faci-
lities for left turns had been reduced by 20% .
He noted for Mrs. Tiede that Lot 4 and Lot 36
had been determined to have some benefits from
the left turn facility and clarified for Bailey
that there was , in fact, a left turn lane pocket
for 72nd Avenue , and that the left turn pocket
extends to Lots 4 and 36 . He referred to Mr.
Volchok' s letter and noted that before the LID,
the property was appraised at $3 . 50 per square
foot and that after completion the appraisal
increased to $5. 00 per square foot, and that
the enhanced value to that property exceeds
the amount of the assessment on that lot.
Russell Snider noted that he was the owner of
Lots 38 and 39 and with the raising of the fill
in the area to cross the railroad tracks ,
access to his property was virtually impossible
at times and he therefore felt he should not be
included in the LID. wickstrom explained that
the criteria was whether the improvement enhanced
the value of the property and if that value
exceeds the amount of the assessment being
levied on the property. He noted that Mr.
Volchok had reviewed these parcels and had
determined that even though some fill might
be required , the value of the improvement to
the property is more than the amount of
the assessment. Wickstrom explained, upon
Biteman' s question, that Snider ' s property
had been added to the project and that origi-
nally it was contemplated that an underpass
would be built through that area which would
have totally damaged all of Lots 38 , 39 and 40 ,
and this was the reason for not including Snider
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January 21, 1985
STREETS in the original LID. There were no further com-
ments and BAILEY MOVED to close the public hear-
ing, Woods seconded. Potion carried. WOODS
MOVED to adopt Ordinance No. 2526 adding the
three properties to the LID Boundary and confirm-
ing the Final Assessment Roll for LID 307 .
Kelleher seconded. Motion carried.
HEALTH & LID 319 - 38th Avenue S. Sewer Improvements.
SANITATION This date has been set for the public hearing
on the creation of LID 319 for which the City
Clerk has given proper legal notice. Public
Works Director wickstrom reviewed the scope of
the proposed project for sewer improvements on
38th Avenue S. from approximately S . 251st to S .
253rd. He noted that the proposed project
would cost about 1,113 , 000. He explained that
the assessments were compiled using the zone
and terminii method. P;ickstrom also noted
that construction was expected to begin in
the fall of 1985 and completion expected in
1986 and pointed out that easements would be
required .
Wickstrom stated that this is one of the first
LIDs where there is financial assistance avail-
able under the terms of Resolution No. 993 ,
as follows :
Section l Financial ,sristance may be provided to
those properties subject to LID or ULID assessments that qualify
pursuant to the following criteria:
A. The property subject to the assessment is
single-family residentially-zoned, but is potentially eligible for
subdivision or otherwise ::,abject to development into two or more
lots, and the assessment is Ln excess of fifty (5U) percent of
that of an equivalent single lot assessment within the same LID
district; and
B. The property is owner-occupied; and
C. The Property is within the City limits; and
D. The LID project is a sewer or water project; and
E. The owner-occuPar,t's combined disposable income
shall meet the standard established in RCW 84.36.381(5)(b), as now
or hereafter amended.
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January 21, 1985
Sect 1or, ? The Public Works Department shall
HEALTH & provide notice of this frnan ial assistance policy at meetings
SANITATION concerning the formation of LIPS. Application for assistance
shall be filed on forms provided Dy the Public Works Department
not more than 30 days after the expiration of the period to pro-
test the formation of the LID. Necessary documents transferring
development rights Tall ue er.ecuted not less than 30 days before
the hearing on the find assessment roll.
Section 3. Upor. the establishment of a budget in the
general fund of the city of Kent, allocated towart this assistance
program, the City may acquire development rights to =nose eligible
property as identified in Section 1. Such development rights
shall preclude the deve.opnjent of the property beyond that of
single family residential. Tl,e developm-nt rights shall be filed
as a matter of record. Tor Jo velopment rights acquired shall be
eligible for repurchase a, an apn_aised value at time of
repurchase.
The public hearing was opened by Johnson.
'_ion Knapp addressed the Council, notina that
he was a resident of the West Hill residing
on S. 252nd and was in favor of the project,
but auestioned the increase in the amount of
his assessment from that given earlier when
formation of the LID was contemplated. Wick-
strom explained that in a review of the parcels
it was determined that larger lots should not
have to pay more if there was only room for
one residence. This resulted in spreading
some assessments over the entire project area.
He stated that he did not anticipate that the
final cost of the project would be higher than
the assessments shown at this time. In response
to questions from Biteman, Wickstrom noted that
the interest rate was an unknown factor at this
time but also noted that the rate for the last
LID was approximately 10 . 50.
There were no further comments and BAILEY MOVED
to close the public hearing. Leahy seconded.
motion carried. BAILEY MOVED that the City
Attorney be instructed to prepare the ordinance
creating LID 319 , Biteman seconded. Motion
carried.
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January 21, 1985
ZONING Agricultural Zoning. This date has been set to
continue, from January 7 , 1985 , the consideration
of the proposed A-G (Agricultural-General) zoning
for certain properties located north of South
277th Street, west of the Valley Freeway (SR 167) ,
and east of the West Valley Highway Kent City
Agricultural Limits. On December 3 , 1984 , Council held a
Zoning public hearing . Deliberations were continued
to allow time for submittal of written questions
to the staff . A packet of material has been
distributed containing the staff responses to
written questions submitted by Councilmembers.
Satterstrom gave a synopsis of the action to
date on this issue and pointed out that a SEPA
Declaration of Non-Significance had been issued.
Kelleher noted that although the public hearing
has been concluded , the Council has always
allowed public input.
Bailev noted that AG zoning would allow only ,
industrial uses which were related to agriculture,
and pointed out that some such uses could be
just as offensive as a dump. He stated that
he did not believe that the proposed AG zoning
was an interim measure but that the intent was
to keep this area zoned agricultural far beyond
the fcrseeable future. He pointed out that past
testimony would indicate that the area was not
suited for farming , and the rezone proposed was
not practical. He further noted that upon
adoption of the resolution proposed for this
meeting, there would be no way to compensate
the property owners for loss of value of their
land.
Gary Volchok referred to two letters he had
received relating to this issue. He stated
that the change of zoning from MA to AG was
inappropriate, that AG zoning would require
more city utilities services than warehouses
or high-tech, etc . He contended that buildings
for agricultural related industries would require
the sar..e things as buildings for industry. He
pointed out that the cost of water in Kent is
higher than elsewhere in the area, noted that
canneries had moved elsewhere, and stated that
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January 21 , 1985
ZONING the value of the land had decreased as soon as
it was known that the city was considering AG
zoning for this area. He read a letter from
Coe Johnson of National Fruit Canning Company
of Seattle, stating that a produce processing
Agricultural facility would not be feasible in Kent due to
Zoning the high cost of water. A copy of this letter
was filed with the City Clerk. Volchok noted
that three companies had taken their industrial
developments elsewhere because of the proposal
to zone this land AG.
Barry Margolese of Embar Equities stated that
he had submitted a letter to the Council . The
letter is dated January 17 and states that a
copy of Joel Haggard ' s letter dated January 7
is attached. (The City Clerk has no record of
either letter having been filed or presented at
a public meeting. At the conclusion of this meeting,
the Clerk obtained a copy of the Margolese letter ,
with Haggard ' s letter attached, from a Council-
member. )
Margolese urged the Council to reject the proposal
to rezone the property from MA to AG and noted
that the Planning Commission had recommended
against such a rezone .
Mr . and Mrs._ Ray Schaapue of 26504 West Valley
Highway stated that the zoning should be left as
it is , noting that they had owned the property
for two years and had never intended to farm it.
Joel Haggard, Attorney, noted that he was not an
expert on agriculture, but that the Council had
had input from such experts as Dan Smith, who
had testified that the land in question was not
suited for farming. He noted that he agreed with the
City Attorney ' s statement regarding compensation, that
the City could not make a gift, that funds could
only be provided where there is benefit to the
City. He objected to the statement that the
diminution of the land value was negligible,
noting that Volchok, who is an expert in such
matters , had stated otherwise. He referred to
J
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January 21 , 1985
ZONING his letter which was submitted by Margolese noting
that it stated that there was no need for agricul-
tural processing industrial use for this parcel,
and that in fact , the staff supports industrial
development but seeks to limit such development
to agriculturally related industry. He stated
that the staff had not addressed his concerns
expressed in December about the lack of water and
Agricultural disposal facilities . He further declared that
Zoning SEPA requirements had not been satisfied, and
stated that full disclosure of all information
should he made to the Council and to the public.
In answer to questions , Satterstrom noted that
the property has been zoned MA for a long time
and has not been (zeveloped, and that no zoning
is permanent, including the proposed AG zoning.
He concluded that MA and AG allow the same kinds
of use but that AG gives the message that agri-
culture is being promoted and MA gives the message
that the City plans to convert this land to
urban use. As to the value of the land diminish-
ing, Satterstrom noted that just across the West
Valley Highway, King County had just paid $10 , 000
per acre for development rights .
After all who wished to speak had done so , KELLEHER
MOVED to adopt Resolution_ 1048 , whereby the Council
accepts and concurs with the opinion of the City
Attorney dated November 6 , 1984 which states that
"compensatory" payment of money to a landowner
for such an alleged diminution in property value
would constitute a gift, and therefore would be
an unconstitutional and inappropriate act by the
City. Woods seconded . Upon Bailey ' s question,
Leahy commented that he believed that this is not
a compensible issue and that he did not believe
that property owners land use rights would be
abridged . He opined that he had serious doubts
as to whether the land was ready to be industri-
ally developed under either MA or AG. Biteman
noted that the owners of most of the remaining
farmlands are not farming and that the land is
used for a tax write-off_ . He noted that the
Planninq Commission had recommended that the
zoning not be changed . The motion carried with
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January 21, 1985
ZONING Bailey and Biteman voting against it and Leahy,
Woods and Johnson voting in favor .
KELLEHER MOVED that the City Attorney be directed
to prepare an ordinance which creates AG (Agri-
Agricultural cultural General Zoning District) , as described
Zoning in the Planning Department' s staff report dated
November 21 , 1984 and further to prepare an ordi-
nance which applied the AG classification to
certain lands south of the Green River, north
of S . 277th Street, west of the Valley Freeway
(SR 167) and east of the West Valley Highway and
City limits; and in addition, to direct the Plan-
ning Department staff to develop specific imple-
mentation strategies for the regulatory revision
proposals outlined in their staff report to the
Planning Commission dated November 16 , 1984 .
Woods seconded. The motion carried with Bailey
and Biteman opposing .
Central Business District Zoning Changes -
Ordinance. On October 22 , 1984 , the City Council
directed the Planning Department to evaluate the
Central Business District Plan and Zoning Classi-
fications. The Planning Commission held a public
hearing on January 15 , 1985 and approved the
staff ' s recommendations which are included in
the packet. BAILEY MOVED to adopt Ordinance
No. 2528 approving the Zoning Code text amendments
as recommended by the Planning Commission, Woods
seconded . Motion carried.
COUNCIL Public Works & Planning. Kelleher noted that
COMMITTEES the Committee had made a field trip to the
unique and fragile areas in the vicinity. He
also noted that the Public Works Committee wouand
meet on Thursday, January 24 at 2 : 00 p.
the Planning Committee would meet at 3: 00 P.M.
Parks Committee. Bailey reported that the Parks
Committee would meet on Thursday, January 24 at
4: 00 p.m.
COUNCIL (CONSENT CALENDAR ITEM 5L)
Adoption of Target Issues 1985/1986-Resolution.
ADOPTION of Resoluti6n _No.-1047 entitledi "A
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January 21, 1985
COUNCIL Resolution of the City Council of the City of
Kent, Washington, adopting Target Issues for
1985 and 1986. " The target issues were announced
at the January 14 workshop.
City Image. Biteman referred to the Planning
Commission meeting of December 18 , 1984 , noting
that he had forwarded a marked copy to each
Councilmember. He expressed appreciation to
Will Wolfert, Ed Heiser and Jim Harris for their
responsive interaction with the public.
ADJOURNMENT KELLEHER MOVED that the meeting be adjourned
at 9: 05 p.m. , WooAs seconded . Motion carried.
Marie Jensen, CMC
City Clerk
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