City Council Minutes 04-10-2006MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday April 10, 2006 - 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent: None
1. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge
of Allegiance was said.
2A. Approve minutes of March 27, 2006 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 27, 2006
REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of March 20, 2006 special Council meeting.
Since no minutes were submitted, the Council tabled approval of the minutes.
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Update on Cory Kingbay land purchase;
2) Update on ordinance for public utility use in right-of-way; 3) Trash/litter on streets;
4) Parking signs; 5) Drainage issue at 401 Front Street; and 6) Authorization to proceed with
appraisal on YMCA property.
4. Citizen comments, petitions, requests and complaints.
Linda Obrycki, 401 Front Street spoke to the Council concerning the lost of her property
because on flooding of Linn Street and River Street. She has been working with State
Representative Bruce Anderson and the Soil and Water Conservation office to get the problem
resolved. Linda Obrycki provided a history of the problem and her attempts to resolve it. She
stated she was told four years ago that the storm sewer pipe in the street would be replaced.
That has not happened and now she is being told that it is not certain when the storm sewer pipe
would be replaced. She did not want to destabilize the river bank which is why she sought
Council approval on the placement of her garage. She stated that since she has owned the
property 25'-30' of riverbank has been lost to the erosion. She stated the storm sewer is not big
enough so runoff water is directed over her driveway (her driveway is the lowest point in the
street) and around her house. In dealing with the Soil and Water Conservation office they told
her the problem was the City's fault because the City had not planned for growth and the means
to handle it.
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The City has come up with a plan that would provide a temporary fix until such time as the
storm sewer in the street is replaced. Linda Obrycki stated that when the drainage issue first
came up the City had indicated they would participate up to 50% of the cost and now they are
limiting their participation to 25% of the cost. She reiterated that she was told by several
parties that the storm sewer pipe was not adequate and should be replaced
City Engineer Bruce Westby stated that the problem is caused by the river water, ground water
and springs located in the area. Clint Herbst asked if there was someway the driveway could
be raised or the curb cut changed that would help reduce the problem. Bruce Westby stated
that a 5 year rain event would occur before the water runs over the driveway. He stated that
the City's plan calls for improvements to be made to city owned property adjacent to 401 Front
Street. If these improvements are made it should take care of a considerable amount of the
runoff problem. He added this would be a temporary solution to the problem until such time as
the street in the area is reconstructed and the storm sewer pipe is replaced. The City's
improvement would reduce the amount of water running onto her property but the proposed
improvements would not correct the damage to the river bank. Staff felt the City could
contribute up to 25% of the cost of the work on her property in addition to covering the entire
cost of the improvements on the city owned property.
Linda Obrycki stated that initially the City said they would participate up to 50%. She felt the
City was responsible for the damage to the river bank and she did not want to put any money
into improvements on her property if the temporary fix wasn't going to work.
Clint Herbst stated he, John Simola and Bruce Westby would set up a time to review the site
and the proposed plan for correcting the problem. Wayne Mayer sought clarification on the
Soil and Water Conservation office's participation. Linda Obrycki said that once it was
determined that it was a City problem the Soil and Water Conservation office indicated they
would not participate in any cost.
State Representative, Bruce Anderson indicated he was concerned that in a letter dated early
December it stated that a plan to correct the problem would be drawn up. It is now April and
there still is no plan nor is there any firm determination on how much the City will be paying.
City Administrator, Rick Wolfsteller stated the City does have a plan and that Linda Obrycki
had gotten cost estimates based on that plan. There is legal implications for the City relating to
doing improvements on private property. The City will be doing the improvements on the city
owned parcel and if the Council wants the City could contribute up to 25% for improvements
on the Obrycki site.
5. Consent Agenda:
A. Consideration of approving hires and departures. Recommendation: Ratify the hires
and departures for the liquor store as identified.
B. Consideration to approve a resolution calling for a public hearing by the City Council on
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the proposed adoption of a modification to the TIF Plan for TIF District 1-2 (Metcalf -
Larson) and a modification to the TIF Plan for TIF District No. 1-24 (St. Benedict's).
Recommendation: Adopt a resolution calling for a public hearing by the City Council
on the proposed modification to the TIF Plan for TIF District No. 1-2 and the
modification to the TIF Plan for TIF District No. 1-24. Res. No. 2006-24
C. Consideration to authorize conveyance of Lot 1, Block 1, Otter Creek Crossing 2nd
Addition from the City to the HRA. Recommendation: Approve a resolution
authorizing conveyance of city property to the Housing and Redevelopment Authority in
and for the City of Monticello. Res. No. 2006-25.
D. Consideration of approving one -day charitable gambling license for the Monticello Girls
Fastpitch Association. Recommendation: Adopt a resolution authorizing the State
Gambling Control Board to issue the temporary charitable gambling license to the
Monticello Girls Fastpitch Association for a raffle at the High School Ballfields on July
11, 2006. Res. No. 2006-23.
E. Consideration of a request for a conditional use permit for a professional office in a B-1
District. Applicant: Don Hickman. Recommendation: Approve the conditional use
permit for a professional and commercial office at 355 East Broadway with the
conditions as noted below based on a finding that the low intensity commercial use
proposed meets the conditions required by code, is compatible with the area and si
consistent with the purpose of the B-1 district:
1. Signage for the site is consistent with the requirements of the applicable zoning district.
2. The applicant provide the noted information regarding parking space dimensions and
availability. A parking layout consistent with standard dimensional requirements for angled
parking will be required.
Parking lot signage to direct traffic as to the one-way nature of the traffic flow.
4. The applicant verify or provide additional tall shrub plantings to mitigate the impact of the
building wall on the west, and the lighting on the east, relative to the neighboring residential
uses.
F. Consideration of a request for a conditional use permit to allow a drive-in and
convenience fast food establishment in a B-3 District. Applicant: Tom Holthaus.
Recommendation: Approve the conditional use permit for Taco Johns subject to the
conditions noted below:
1. The wall sign on the west side of the building shall be removed.
2. The landscape plan shall be revised to provide additional screening in the northwest corner of the
site. Said screening may be accomplished through dense vegetation, a solid fence, or any
combination thereof. Proposed sod shall be removed and replaced with shrubs and/or mulch at
the northwest comer of the site. Irrigated sod is acceptable in the locations around the building.
3. The applicant shall submit sample colors or building photos and verify that materials of the trash
enclosure will match those of the principal structure.
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4. The volume of the drive-through communication systems shall not be audible from the nearby
residential area. A sound/decibel qualification may be required at the time of the building
permit.
5. Photometric plan is subject to approval by the City Building Official.
6. Site plans shall be revised to include a concrete sidewalk along Deegan Avenue.
G. Consideration of an amendment to the conditional use permit for a development stage
PUD for an expansion to the Muller Theater. Applicant: AMCON. Recommendation:
Approve the development stage PUD amendment for AMCON/Muller Theatre based on
a finding that the proposed addition is consistent with the requirements of the zoning
ordinance and the conditions required of the original PUD. The recommendation is
conditioned on:
A. The applicant's continuation to work with staff on the westerly driveway design.
B. Review of the City Engineer for final engineering detail
C. Final lighting plan subject to the review of the Building Official.
H. Consideration of a request for an interim use permit for the relocation of a billboard
within Outlot A, Country Club Manor. Applicant: City of Monticello.
Recommendation: Approve the interim use permit allowing relocation of a sign from
the AVR site to Outlot A of Country Club Manor with the term of the interim use
permit to match the time frame identified in the original lease agreement.
I. Consideration of approving plans and specifications and authorizing the advertisement
of bids for the Meadow Oaks and CSAH 39 Lift Stations and Forcemain Improvements.
Recommendation: Approve the plans and specifications and authorize the
advertisement of bids for Meadow Oaks and CSAH 39 Lift Stations and Forcemain
Improvements.
J. Consideration of approving addendum to funding participation agreement between City
and Wright County - Project No. 2004 -OIC CSAH 18/I-94 Interchange Project.
Recommendation: Approve the addendum to the funding and construction agreement
as proposed identifying the terms for the County's repayment of their $2,000,00 share of
I-94/CSAR 18 Interchange Project.
K. Consideration of approving final plat of Prairie Ponds Third Addition.
Recommendation: Approve the final plat of Prairie Ponds 3rd Addition based on a
finding that the plat is best suited for the specific development needs of the property and
that all lots in the plat will continue to meet the City's zoning requirements and
conditioned upon the execution of an amended development agreement relating to the
Prairie Ponds 3' Addition.
L. Consideration to reconsider denial of concept stage approval for a PUD for Tom
Rollings. Recommendation: 1) Move to reconsider previous Council action denying
the conditional use permit for concept stage and call for a new vote on the request for a
conditional use permit for concept stage PUD based on a revised site plan addressing
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Council's basis for denial. 2) Move to table action the conditional use permit for
concept stage PUD in order to allow sufficient review time regarding the revised plan.
Items #5F and #5I were removed from the consent agenda.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5F
AND #5I BEING REMOVED AND WITH HIMSELF ABSTAINING FROM VOTING ON
ITEM #5L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SF Conditional Use Permit for Taco Johns/Tom Holthaus: Tom Perrault had a concern
about the entrances to the site. Bruce Westby said staff in their review of the plans did not see a
problem with the entrances. Clint Herbst asked if there would be a berm placed as a buffer
between the site and the residential area and also asked about noise and light from the drive-
through area. Jeff O'Neill stated that the Planning Commission was assured that this would
not be a problem. Tom Perrault asked if only 2-3 car lengths was room enough for the stacking
area and Jeff O'Neill replied that it met design standards.
BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR TACO
JOHNS SUBJECT TO THE FOLLOWING CONDITIONS:
1. The wall sign on the west side of the building shall be removed.
2. The landscape plan shall be revised to provide additional screening in the northwest corner of the site. Said
screening may be accomplished through dense vegetation, a solid fence, or any combination thereof.
Proposed sod shall be removed and replaced with shrubs and/or mulch at the northwest corner of the site.
Irrigated sod is acceptable in the locations around the building.
3. The applicant shall submit sample colors or building photos and verify that materials of the trash enclosure
will match those of the principal structure.
4. The volume of the drive-through communication systems shall not be audible from the nearby
residential area. A sound/decibel qualification may be required at the time of the building permit.
5. Photometric plan is subject to approval by the City Building Official.
6. Site plans shall be revised to include a concrete sidewalk along Deegan Avenue.
#5IApprove Plans and Specifications for Meadow Oaks & CSAH 39 Lift Stations and
Forcemain, City Project No. 2003-02C. Joe Doyle, 9894 Gilbert Avenue NE questioned the
location of the work as it appeared from the plans he saw that they would be coming through
his property. He wanted to know specifically how his property would be impacted by the
proposed construction. Shibani Bisson stated in that area of the project they would be doing
directional boring of the line. The area of excavation would be at the boring pits and those
boring pits would be located within the right-of-way.
Mr. Doyle expressed concern about the cost of the project because of the directional boring
rather than open cutting. Shibani Bisson stated that while generally open cutting is the less
costly method there are instances, like this project where a number of utilities are located in the
right of way, where it is more cost effective to go with directional boring. Mr. Doyle also
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questioned the size of the line that was being installed Wayne Mayer stated that when the
Council had first looked at this project the Council too had questioned why an 8" line instead of
12" line was being installed. They had been informed by the engineers that there was not
sufficient volume of flows for a 12" line. Mr. Doyle asked about service to the Tyler East
development. Shibani Bisson informed him that if Tyler East is provided with sanitary sewer it
would be separate line that would tie in at Gillard Avenue as they could not tie in to the
forcemain.
GLEN POSUSTA MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND
AUTHORIZE ADVERTISEMENT OF BIDS FOR THE MEADOW OAKS AND CSAH 39
LIFT STATIONS AND FORCEMAIN IMPROVEMENT, PROJECT NO.2003-2C. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Review of RFP for expansion or relocation of a portion or all of the Public Works Facility
and consideration of distribution or advertisements of the RFP
John Simola, Public Works Director, reviewed the proposed RFP to do a needs study for the
Public Works Facilities which would include the review of three sites for possible expansion of
existing facilities or relocation of all or a portion of the Public Works Facilities. John Simola
reviewed the three sites. The present site at 901/909 Golf Course Road will be looked at as far
as expansion. They will also look at the needs the Public Works Department will have for the
next 20 years and if the present site can accommodate them and any expansion beyond the 20
year needs. Another site that would be considered would be the water reservoir site adjacent to
the animal shelter on Chelsea Road. This will also be the area for a future water treatment
facility with a footprint for a facility that could treat the water supply for a population of
34,000. The east side of this site will be used for ponding. The remaining site to be considered
is Well #4 which is located on Dundas Road adjacent to the Xcel Energy facility. This site
would be looked at for outside storage. There is a gas line located on this site which somewhat
limits the use of the site. The site could be used to construct a building for storage of materials
and equipment or an enclosed area for storage. John Simola was asking for authorization to
distribute the RFP to ten firms.
Glen Posusta stated he was somewhat confused by what was being requested. Initially the
Public Works Department was just asking for a building for the Water Department now it
apparently is a full blown study of everything. He was under the impression that sale of the lot
across from the present Public Works site would finance the construction of the building for the
Water Department but he did not envision the City abandoning the present Public Works site
John Simola responded that there is only 3 1/2 acres of developable land at the site. They are
looking long term (30-40 years) if th site would be adequate for the Public Works facility. The
study will show what capacity this site would hold for future expansion.
It was noted that currently the Water Department shares equipment, staff and mapping with the
Street and Parks Departments. Another issue that would be looked at would be the impact that
splitting the Water Department from the rest of the departments would have on the shared uses.
This study would give a lot of options for the City to look at and would be a comprehensive
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plan of the Public Works facilities. Glen Posusta felt there was conflicting information in
whether there should be a separate building for the Water Department or keep them as part of
the Public Works facility. John Simola said the study would show how long they can remain at
the present Public Works site and how it can be expanded.
Glen Posusta brought up the question of outside storage and why the City is not required to
comply with the provisions of the ordinance.
BRIAN STUMPF MOVED TO APPROVE THE RFP AS WRITTEN AND DISTRIBUTE
THE RFP TO APPROXIMATELY 10 CONSULTING FIRMS WITH THEIR PROPOSALS
DUE BACK BY MAY 2, 2006. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION.
8. Consideration of recommendation of Fiber Optic Task Force Committee on firm to
conduct fiber optic feasibili , study
Milda Hedblom who worked as a consultant with the Fiber Optic Task Force Committee
discussed the recommendation of the Fiber Optic Task Force. The Task Force narrowed the list
from ten firms to three firms and the three firms were interviewed on March 29th and 30th. They
are recommending the firm of CCG Consulting LLC out of Maryland to conduct the feasibility
study for a fiber optics system. Although the firm is not from Minnesota, they have
considerable experience with fiber projects of all kinds.
The study will look at four options: 1) The City builds, owns and operates the fiber to the
premise network as a city utility providing triple pay broadband voice/data/video services;
2) City builds, owns and operates the fiber network but leases network access to providers who
will supply triple play broadband voice/data/video services on an "open access' basis with
providers sharing revenues with the City; 3) City builds and owns fiber network to curb and
contracts with one or more providers to install electronics and provide triple play broadband
voice/data/video services with the providers sharing revenue with the City and 4) City offers
incentives to private providers as partners to build and operate a fiber network providing triple
play broadband voice/data/video services with provider sharing revenue with the City.
Milda Hedblom noted this study will be occurring at the same time the City will updating their
Comprehensive Plan. The information from the fiber optic study should be taken into
consideration in the updating of the Comprehensive Plan. The fiber optic feasibility study
should begin May 1, 2006 and be completed in late August or early September.
The Council asked if Milda Hedblom had worked with CCG Consulting before. She indicated
that while she had not worked with them specifically she was familiar with projects that firm
had done. She added that the Fiber Optics Task Force had unanimously selected this firm for
the study.
TOM PERRAULT MOVED TO APPROVE A FIBER OPTIC FEASIBILITY STUDY TO BE
CONDUCTED BY THE FIRM OF CCG CONSULTING LLC WITH MILDA HEDBLOM
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SERVING AS TECHNICAL CONSULTANT AT A TOTAL COST OF $65,000. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration of options to minimize the use of the leaf and grass composting facility.
Public Works Director, John Simola showed pictures of the present compost facility. He noted
there are 3-4 compost piles out there and that it requires 18-24 month to takes the leaves to a
finished product. The piles are turned a couple of times a year. John Simola explained how the
facility has been operated. With the City receiving complaints from nearby residents about the
operation of the facility, John Simola had prepared some options for the Council to consider.
These options include: 1) Offering curbside pickup of yard waste at a cost of $13.25 which is
contingent upon the City being able to dump yard waste at the County's compost facility free of
charge; 2) Have a drop off site for yard waste at the Public Works facility. This would be a 30
yard roll off box. The cost if dumped at the Wright County facility would be $50 per box or $75
per box plus $9/yd if disposed of elsewhere; 3) A compactor for yard waste to be located at the
Public Works facility. A compactor would be supplied free of charge for a trial period so the
only cost would be the dumping charges which would be the same charges noted in Option #3
and 4) limit the use of the city site by contractors.
Daryl Tindle, 1707 West Street stated he was told that the compost site would not produce odors
and access would be limited. Initially traffic to the site was light and the odor problem was
minor but that has changed. His complaints about the facility included the odor, debris flying
from unenclosed trucks and increased traffic. He felt as a resident he deserved to have fresh air
and felt the site should be relocated.
John Simola stated that with the roll off container or compactor at the Public Works site they
might be better able to control it. The long term plan dictates looking for another site. The
present site is not owned by the City but by the County. Clint Herbst asked if there were other
sites around Montissippi Park that could be utilized. Wayne Mayer was concerned about
dumping of junk and felt the further the site was moved away the greater the dumping problem.
Wayne Mayer asked since there has been full access to the compost site whether the compost
material has gotten worse. The Council discussed the various options and the advantages and
disadvantages of each. John Simola suggested any option that was selected could be done on a
trial basis and then evaluated.
Daryl Tindle spoke again for the need to have the facility relocated to another site. He also cited
concerns with the runoff from the compost site containing yard pesticides.
The consensus of the Council was to table this item until the next meeting.
10. Consideration of color selection for new water tower.
Mark Rolfs of Bonestroo, Rosene and Anderlik was present to review with the Council the work
schedule for completion of the tower, the signage and the paint color for the tower. Clint Herbst
suggested that instead of the Monticello logo they consider placing a picture of a swan instead.
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Clint Herbst asked if the other tower would get painted this year. Mark Rolfs said when the
water tower site was changed that made it impossible to get the other tower painted this year.
It was proposed that the Monticello logo be placed on both sides of the tower.
GLEN POSUSTA MOVED TO SELECT THE BARE BEIGE COLOR FOR THE NEW
WATER TOWER TANK USING THE CITY'S STANDARD LOGO AND LETTERING AS
PER THE BASE BID IN THE CONTRACT. CLINT HERBST SECONDED THE MOTION.
MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION.
11. Consideration of providing temporary sedimentation pond and erosion control for Spirit
Hills/Wildwood Ridge area.
Shibani Bisson explained that the temporary sedimentation pond would address an erosion
control problem within the development. She noted that the Spirit Hills area had previously been
farmed and no vegetation had been established to control runoff. The pond is proposed to be
located at the southeast corner of the Spirit Hills development. A berm will be constructed along
the easterly boundary that will direct drainage to the temporary pond. The existing storm sewer
in the Hillside Farms development will be extended to the temporary pond to provide an outlet.
The storm sewer improvements were planned to be constructed with the development of the
Spirit Hills South plat but since that plat is not moving forward at this time it is necessary for the
City to construct these improvements. Shibani Bisson stated at this time they have received one
quote from a contractor and will be getting more. They expect the cost of these improvements
not to exceed $25,000. These improvements will provide a temporary fix until the Spirit Hills
development proceeds.
CLINT HERBST MOVED TO AUTHORIZE THE CONSTRUCTION OF A TEMPORARY
SEDIMENTATION POND AND BERM TO PROVIDE STORMWATER MANAGEMENT
FOR THE SPIRIT HILLS SOUTH/WILDWOOD RIDGE 2NDADDITION AREA AT A COST
NOT TO EXCEED $25,000. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
Added Items:
Cory Kingbay Land Acquisition Update: At the last meeting the Council had indicated that they felt
the land prices in the Jefferson Commons development should be reviewed. It was also suggested that
only a portion of the 7 acre site be sold to Cory Kingbay. When informed of the Council's discussion,
Mr. Kingbay was not pleased with the options. Rick Wolfsteller indicated he had talked to Mr.
Kingbay about the cost of adding assessments for School Boulevard ($375,000) to the land price which
would add approximately $1.25/sq. ft. to the cost. All the other terms of the agreement would remain
the same. The School Boulevard assessments could be levied over ten years like other assessments.
Mr. Kingbay indicated that this would be a possibility.
Rick Wolfsteller stated that Cory Kingbay needs to have a firm land price so he can determine if he can
complete the deal. The general feeling of the Council was to proceed along the line of adding the
assessments to the land cost for the property being considered by Mr. Kingbay.
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Public Utility Right of Way Ordinance: John Simola stated they have some sample ordinances that
they can draft an ordinance from and suggested a task force be set up for this project which he
estimated would take 3-4 meetings to draft and another 1-2 meetings with the utility companies.
Wayne Mayer will work with John Simola and Bruce Westby on this ordinance.
John Simola also reported he had talked to Darrin Lahr from Xcel Energy and he is working with their
attorney on getting negotiations going with the City on the franchise agreement.
Trash/Litter: Council members Glen Posusta and Brian Stumpf both expressed concern about trash and
litter along the streets and ditches. It was suggested to bring the summer workers on a little bit earlier
or have STS (Sentence to Serve) crews work on it. Brian Stumpf also suggested contacting MnDOT
about the trash along that section of the freeway lying between the two Monticello exits. Bruce Westby
indicated he would contact MnDOT on this.
Parking: Clint Herbst brought up the problem with parking at the Towne Centre site where tenants are
parking in other tenants spaces. They would like to have 30 minute parking signs installed. John
Simola felt this should be discussed with the Sheriff's Department to see if it is enforceable. John
Simola will look into this further.
YMCA: At the workshop held earlier in the evening, the general consensus of the Council was to move
forward on this. The next step would be to authorize an appraisal on the YMCA property so that the
City could negotiate a purchase price.
GLEN POSUSTA MOVED TO AUTHORIZE AN APPRAISAL BEING DONE OF THE YMCA
PROPERTY AT A COST NOT TO EXCEED $7,100. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION.
Tom Perrault noted his opposition was because he felt portions of the YMCA should be developed.
12. Consideration of approving bills for April.
GLEN POSUSTA APPROVED PAYMENT OF THE BILLS. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
13. Adjourn.
The meeting was adjourned at 9:35 p.m.
Recording Secretary
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