HomeMy WebLinkAbout06-15-1992RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
3934 CITY OF ROCHESTER MINNESOTA
Adjourned Meeting No. 2 - June 1�, 1992
Agenda
Item
A-1 'President Selby called the meeting to order at 7:30 P.M., the follow-
ing members being present:.President Selby, Councilmembers Canfield,
Crawford, Hunzker, McConnell, and_Senjem...`Absent-..Councilmember._Peter!
Crawford moved, McConnell second to apporve the minutes of the June
1, 1992*meeting. Ayes (6), Nays (0).Motion carried.
B-1 A Hearing on the Previously deferred "Project 8605 J 8936 - Sanitary
Sewer and Watermain to serve Aspen Townhomes for Robert Nilsson of
211 Highland Court S.W. Having no one present that wished to be
heard, President Selby closed the hearing. Canfield moved, Crawford
second to adopt Resolution No. 347-92 accepting the assessment. Ayes
(6), Nays (0).Motion carried.
B-2 A Hearing on the proposed improvement -of Project No. 6311-2-92A -
J 9244 - Construction of a Concrete Curb and Gutter and Driveway
approaches on the West Side of llth Avenue N. W. from loth Street
N. W. to 12th Street N. W. Wishing to be heard was Pamela Stewart of
1115 llth Avenue N. W. and stated that she did not want the driveway
approach constructed on llth Avenue.because in a year or so she
would be building a garage and would have the approach on 12th.
Roger Plumb, Public Services Dir. stated that the project only
allowed for a driveway approach'on llth but that she could tell the
contractor that she would like to hire him to put one in on 12th
and pay for that one herself and that way she would eliminate the
approach on llth. But she would have to catch the contractor and
do the negotiation by herself.. Ms. Stewart stated that she did not
want this yet, and did not want the one approach on llth and not on
12th for a year or so. She is to talk with Mr. Plumb, Public Service!
Director after this meeting on this matter. Having no one else preset
that wished to be heard, President Selby closed the hearing. Senjem
moved, Canfield second to adopt Resolution No. 348-92 approving
the project and Mr. Plumb to check into the problem of his. Stewart.
Ayes (6), Nays (0).Motion carried.
B-3 A Hearing on the proposed project No. 6311-4-92 J 9242 - Construction
of lith Avenue N. W. from 34th Street N. W. to 37th Street N. W.
Wishing to be heard was Mike Sheehan, County Engineer. He stated.that
if llth Avenue N. W. is constructed and made a public street, and witl
the construction of 37th Street going on now, then the County urged
the Council to make a decision on if -this is going to be done, then
a median opening on 37th Street can be done at this time.
Alderman McConnell is in favor of a median opening. President Selby
stated that somewhere the people in the area got the impression that
llth Avenue would not'be a public street and'not have this opened.
Wishing.to be heard was Greg Cooper of 1103 34th St. N.. W 'and is
opposed to this road becoming a public street. He also has a corner
lot and would lose all his privacy and the traffic would be a danger
to the children in the area. Alderman Canfield stated that he had
a different story and that access had to be had from that lot.
Wishing to be heard was Carlton Penz,.owner of the area for future
development in the area. He urged the Council to approve this. He
bought this property.years ago and donated the property which is now
37th Street. He urged the Council to approve this so that his propert;
son.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
1
CITY OF ROCHESTER, MINNESOTA
Adjourned.Meeti_ng No. 2 - June 15, 1992
Agenda
Item
B-3 could have access directly.
President Selby asked Mr. Penz if he knew who or what would go on
the property. Mr. Penz stated that.it depended on who bought it.
He.stated'that it is a good site for homes. Councilmember Crawford
asked Mr. Penz by "Residential". dwellings - what do you mean?
Mr. -Penz stated that it is not conducive to one.family dwellings..
Alderman`McConnell asked Mr. Penz if llth Avenue doesn't go thru,
then can you give up a lot?
Mr. Penz stated that when they sold this land to the church, llth
Avenue was shown as a public street.
Wishing to be heard is Clarence Horst.of 2821.26th St. N. W. and,
is a member of the 7th'Day.Adv, Church and stated that when they
bought the property llth Avenue was shown as a public street. and
that was 10 years ago.
He urged the Council to approve this.
Wishing to be heard was Bill Tointon of McGhie and Betts and is
representing Mr. Penz and Mr. Mohn and stated that Mr. Mohn is in
the hospital and cannot speak at this meeting. Mr. Tointon gave
a brief history of the planning in the area and stated .'that this
street was clearly on the."General Development Plan"and urged the
Council to approve this.
Wishing to be heard in opposition was Ken.Willkomb of 1123 Knoll
Avenue N. W: He presented a petition opposing this containing 108
signatures. John Wallery of 1211 34th St. N. W. and stated that a
realtor showed them a map that did not have llth Avenue going thru.
He wondered where the City got their maps?
Mike Jenkins of.1127 34th Street; Deb Huey of 1109 34th St. N. W.;
Ronnie Bartels of 1123 4th St. N. W.; Ken Meyer of 1102 34th St.
N. W. also spoke in opposition.
Al Toddie of the Public Services Dept. stated that the petition
for 11th Avenue to go thru was signed by 100% of the area. He
stated that the area involved is the church and Mohn and.Penz
property and that makes it 100% of the area involved on llth
Avenue.
Also in opposition was Mike Snow of 1121 34th St. N. W. Greg Cooper
clarified-ithe s:oze of the" property.
Ron Livingston of.the Planning Dept. stated that R-3 allows two
3-4 family -dwellings and could have 4 plexes built.
Mike Sheehan, County Eng. also clarified that the path that the
people from the church use now is only temporary.
Clarence Horst rep. 7th Day Adv: Church also stated that this road
would not only benefit the church, but other people use this church
during the week
Alderman McConnell asked Mr. Horst if the median is cut on 37th
St. would this help. Mr..Horst stated,.that it would help.
Having no one present President Selby closed the hearing.
After extensive Council discussion, Senjem moved, McConnell second to
deny the project. Upon Roli call vote,'Councilmembers McConnell
and Senjem-voted aye. Ayes (2). Councilmembers Canfield, Crawford,
Hunziker and President Selby voted Nay. Nays (4). Motion did not
carry.
Canfield moved, Hunziker second to proceed. Upon Roll call vote,
Councilmembers Canfield, Crawford, Hunziker, and President Selby
voted aye. Ayes (4), Councilmembers McConnell and Senjem voted nay.
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3936 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourend Meeting No. 2 - June 15, 1992
Agenda
Item
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B-4
91.
M.
Motion carried. Resolution No. 349-92 was adopted.
A Hearing on the Abatement Proceeding for 807 9th Avenue S..E.
Wishing to be heard was a resident of 803 9th Avenue S: E. and
is a neighbor. She urged the Council to remove this dwelling because
of ----the unsafe condition including rodents and birds and broken doors,
etc. She stated,:.that 20 neighbors are in agreement - "This has to go"
.Robert Hague of the Building and.Safety Dept. was present to attest
to the comments of the neighbors of the condition. Dave Goslee
Assistant City Attorney was present -and questioned Mr. Hague
.about the condition and.letters that. was sent to the owners, etc.
After discussion by the Council, Councilmember Crawford asked
several questions of Mr. Hague regarding the various notices
of violations -'and the fact that this was vacant since 1990 and
stated the general condition that this house was in and because
of the fear of Safety she urged the City to give the owners notice
until July 6 to respond or the City will proceed with the,demolition
crew.
With this statement Crawford moved, McConnell second to give the owner
until July 6,-1992 to respond and otherwise the City should go in
as -soon as possible to demolish this. it was noted that the trees
.also should be demolished because of the fallen condition of them.
Ayes (6), Nays (0).Motion carried. it is noted that the Facts of
Findings on .this matter are on file with the City Clerk.
A Hearing on the Final Piat to be known as Pine Ridge Second Sub.
McConnell moved, Crawford second to table this until the July 6, 19
Council meeting. Ayes (6), Nays (0).Motion:carried.
A Hearing on the Final Plat of J.L:Replat. Wishing to be heard was
Bill Tointon of McChie and Betts representing Jay Lampland and
was present for any questions the Council may have. Having no one
else present that wished to be heard, President Selby closed the
hearing. Crawford moved, Senjem second to adopt Resolution No.
350-92 approving the plat. Ayes (n), Nays (0).Motion.carried.
A Hearing on the proposed vacation of the
located. North of the Fleet Farm Building.
Don Greem of Minneapolis. 'He urges the
Having no one else present that wished to
closed the hearing. McConnell moved, Sen
Resolution No. 351-92 approving this vaca
two conditions:
ROW for 36th St. S.W.
Wishing to be heard was
Council to approve this.
be heard, President Selby
jem second to adopt
tion with the following
1. A Final Prat dedicating the necessary ROW for the
and the�new utility easements be approved and 2. The
provide a more accurate legal desc. of the ROW to be
After,`extyensive Council discussion, vote was taken.
Nays (0).Motion carried.
street improvemi
petitioner must
vacated.
Ayes (6),
A Hearing on the Proposed vacation of the 6' wide easement located
along the south lot line of Lot 32, Bik 8 Repiat of Blocks 3 and 8
Williams, Healy and Cornforth's Addition. Having_no one present th.a-
wished to be heard, President Selby closed the hearing. Hunziker
moved, Crawford second to approve this vacation and grant a 1 foot
easement. This was done because of 4 request from -.the cable company.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL '
CITY OF ROCHESTER, MINNESOTA 0�0`3'�
Adjourned Meeting No, 2 = June 15, 1992
Agenda
Item
B-8 Ayes (6), Nays (0).Motion carried. Resolution No. 352-92 was adopted
C-1 Canfield moved, Senjem second to approve the following appointment
by Mayor Hazama to the Park Board of Timothy J. Sitzer of 222 26th
St. N.W. and will have a two year term until June, 1994. He replaces
David H. Senjem who was elected Counciimember of the 6th Ward.
Ayes (6), Nays (0).Motion carried.
C-2 Crawford moved, McConnell second to approve the appointment of
Kenneth R.Bee to the position of Lt. inspector of the Fire Dept.
effective July 1, 1992. This is a replacement position for the
promotion of Lyle Felsch to the position of Deputy Chief of the
Fire Prev. Bureau. Ayes (6), Nays (0).Motion carried. This
appointment is subject to the passing of tests involved.
C-3 The Mayor of the City of Rochester - Chuck Hazama was congratulated
for his winning the CC Ludwig Award for contribution in Municipal
Government - This award is given by.the League of Minnesota Cities
and it is an honor to have Mayor Hazama receive this on behalf of
the work he has done as well as the -City recognition. He was
presented with a book containing the letters that were sent to the
League from various organizations supporting him. Thank you Mayor
for a job well done.
D-1 A Petition was received to have the City Council initiate a Re -
Zoning of 5.7 acres of land.owned by Stan Mohn and Carlton Penz
adjacent to 37th St. N.W. Wishing to speak on behalf of the
interested parties Mohn and Penz was Bill Tointon of McGhie and
Betts, Inc. and urged the Council to leave this zone as it is which
is R-3. This is'not'suitable for single family residental dwellings.
Al;dermah Canfield asked if this was going to be developed by Mr.
Penz or sold. He was told that it would probably be sold.
Wishing to be heard was Ken Meyer of 1102 34th St. N. W. He urged
the Council to initiate the rezoning for R-1. Wishing to be heard
was Ken Wi.11komin of 1123 Knoll Ct. N. W.and stated that maybe
the area could be split and part of it to the North could be
zoned R-3 and to the South R-1. Having no,further dicussion,
Senjem moved, McConnell second to approve the initiating of the
rezoning" of. 5.7 acres and refer this to the Planning -Comm-
ission for further consideration. Ayes (6), Nays (0).Motion carried.
D-2 Hunziker.moved, Canfield second adopt -:Resolution No. 353-92 referring
the request for a feasibility analysis/Northern Heights East 8th
Sub. to the Public Services Dept. Ayes (6), Nays (0).Motion carried.
E-1 Hunziker moved, Canfield second to approve the Council's intent
to participate in the study to be prepared by the Chamber of Commerce
Coordination/Consolidation Review of the functions of,the City/Co.
Stevan Kvenvoid, City Adm. stated that he would recommend a motion
to reconsider this.-Senjem moved, Crawford second to reconsider the
last motion. The first motion was voted on Ayes (6), Nays (0).
First motion carried..vote was taken on the reconsideration. Ayes
(6), Nays(0).Motion carried. it is the Council's intent to
cooperate with the Chamber of Commerce -and no further action is nec,
��o�� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 15, 1992
Agenda
Item
E-2 Canfield moved, Senjem second to adopt Resolution No. 354-92 approvini,
the listing of the North Warehouse Site with Burnet Realty - Jeff
Brown and Merle Groteboer of that firm. Ayes (6), Nays (0).Motion
carried.
E-3 Crawford moved,.Canfield second to authorize up to $120,000 for
continued study 'of the Peoples Natural Gas Site subject to an
agreement revision which would provide for the re -allocation of
these testing costs at a later date when the respective liability
for the site's expenses are determined. Ayes (6), Nays (0).Motion
carried.
E-4 Hunziker moved, Crawford second to adopt Resolution No. 355-92
authorizing the City Clerk to advertise for bids on the Demolition
of the Senior Citizens Parking Lot at 205 No. Broadway - Bids for
the demolition of the buildings on this potential lot are for 11:00
A.M.. on July 16, 1992. Ayes (6), Nays (0).Motion carried.
E-5 Canfield moved, Crawford second to adopt Resolution No. 356-92
setting,a hearing to be held on July 20, 1992 on the proposed amend-
ments to the Tax Increment Financing -Plan for the Dev. Dist. No. 2..
Ayes (6), Nays (0).Motion carried.
E-6 Hunziker moved, Canfield second to adopt Resolution No. 357-92 author
izing the sale of$43,000.,000.00 in Health Care Facility Revenue
Bonds.for the Mayo Medical Foundation/Mayo Medical Center and author-
izing the Mayor and City Clerk to execute the documents on behalf of
the City. Ayes (6), Nays (0).Motion carried.
E-7 Hunziker moved, McConnell second to adopt the following Resolutions
as'approved by the Rochester Public Utility Board:
Resolution.No. 358-92 approving a Cooperative Agreement between the
County of Olmsted and City of Rochester for abandoned well sealing.
Resolution No. 359-92 approving a purchase order agreement with
Trench Electric Ltd for outdoor capacitor voltage transformers
in the amount of $36,500.00. Ayes (6), Nays (0).Motion carried.
E-8 McConnell moved, Hunziker second to approve the following licenses
and bonds:
Auctioneer = David J. Hansen - Rochester, Mn.
Temp:. On -Sale Non Intox. Malt Liq Morning Pride Lions Club
Kasson, Mn. and Charl,esR. Steele for Senior. Citizens Golf Fund
Raiser at the Fairgrounds.
Dance - Great China Rest. 6-27-92
Master,Plumber - McGuire Mechanical Plumbing and Heating - Lakeville
Misc. Activities - Carolyn Donovan - Sound Amp. Permit -
Sierra Club - Bike Ride - July 12, 1992
9th Annual Cancer MD Fund Raiser Walk - June 14,1992
Cycling Club -Bike Race - June 21, 1992
Salvation Army - Outdoor church service - 7-15-92
Signs..- Winkels Electric
Ayes (6), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - ,
CITY OF ROCHESTER, MINNESOTA 3939
Adjourned Meeting No. 2 - June 15, 1992
Agenda
Item
Crawford moved, McConnell second to adopt Resolution No. 360-92
E-9
referring the petition for San. Sewer and Watermain in Morris 2nd
and 3rd Sub. to the Public Services Dp.pt for a feasibility report.
Ayes (6), Nays (0).Motion carried.
E-10
McConnell moved,. Hunziker second to adopt Resolution No. 361-92
waiving the Sound Amplification Device Time Restrictions for
Rochesterfest from June 22 - 26, 1992. Ayes (6), Nays (0).Motion
Carried.
E-11
McConnell moved,. Hunziker second.to approve the Accounts Payable
in the amount.of $1,525,591.69 List on file with the City Clerk.
Ayes (6), Nays (0).Motion carried.
E-12
Crawford moved, Hunziker second to adopt Resolution No. 362-92
waiving of the Time restriction for Sound Amplification Device
,
Permit for the Music Dept. on July 12, 19 and 26, 1992. Ayes (6),
Nays (0).Motion carried.
E-13
McConnell moved, Canfield second to adopt Resolution No. 363-92
authorizing the Mayor and City Clerk to execute the agreement for
the Director of Music from July 1, 1992 through June 30, 1993.
Ayes (6), Nays (0).Motion carried.
E-14
Senjem moved, McConnell second to table the Petition to vacate a
portion of- the ROW for 5th Avenue N. W. Ayes (6), Nays (0).Motion
carried.
E-15
McConnell moved, Crawford second to instruct the City Attorney to
prepare an Ordinance to annex 20 acres -of vacant land located at the
W Intersection of 50th Avenue N. W.. and 55th St. N. W. Ayes (6),
Nays (0).Motion carried.
E-16
Hunziker. moved, McConnell second to approve the Plat correction
on Baihly Woodland 8th Sub.. and instruct the City Clerk to execute
the documents. Ayes (6), Nays (0).Motiorr!Carried.
E-17
Canfield moved, Senjem second to adopt Resolution No. 364-92
approving the attached agreement allowing construction of the project
prior to the value settlement:with the property owner for street
easement - Project 6220-3-92 20th St. S. W.` and directing the City
Attorney to proceed to Eminent Domain for the land rights to this
agreement - Ayes (6), Nays (0).Motion carried.
E-18
McConnell moved, Crawford second to adopt Resolution No. 365-92.
approving a purchase of a permanent drainage easement from the
property located at 314 23rd St. N'. E. for $320-:00. Ayes (6), Nays
(0).Mot.ion carried.
E-19
Hunziker moved, Crawford second to adopt Resolution No. 366-92
authorizing the City Adm. to est. just Compensation for properties
in connection with City/County 37th St. N. W. Reconstruction Project
and staff to' complete the acquisition of property for the Just Comp.
without further Council action..Ayes..(6),- Nays (0).Motion carried..
���® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
-Adjourned Meeting No. 2 - June 15, 1992
Agenda
Item
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McConnell moved, Senjem second to adopt Resolution No. 367-92 to
authorize the City Cierk to advertise for bids on Project No. 8103-5
J 9158 - Street'Const. Concrete Curb and Gutter, Driveway Paving
Service Conn. and Storm Sewer in i6th Ave. 'SE from the S Ln outlot
"A" Homestead Acresto 8 1/2 St. S:E. Bids to be opened at 1i:00 A.M.
on July 15, 1992. Ayes (6), Nays (0).Motion carried
Canfield moved, Crawford -second to adopt Resolution No. 368-92 to
authorize the City Clerk to advertise for bids on Project No. 6204-
2-92A J 2540 - Pedestrian Lighting -and Dec., Sidewalk on 4th St.
S.E' and 3rd Avenue S. E. Adj.to the Govt. Center. Bids to be opened
at 11:00 A.M. on July 15, 1992. Ayes (6), Nays (0).Motion carried.
Crawford moved, Senjem second to adopt Resolution No. 369-92 awarding
the low bid of $39,346.00 to Doyle Conner Company for Pavement
Replacement at the Water Reclamation Plant. Ayes (6), Nays (0).Motion
carried.
Senjem moved, Canfield second to adopt Resolution No. 370-92 awarding
the low bid of $94,440.74 to Road Constructors Inc. for Project No.
6220-3-92 J 9204 - Reconst. and Widening of 20th St. S.' W. from S.
Broadway to 1st Avenue S. W. Ayes (6), Nays (0).Motion carried.
Crawford moved, Senjem second to adopt Resolution No. 371-92 and
'372-92 declaring the costs to be assessed and ordering a public
hearing to be held on July 20, 1992 on Donald Dickman property
on New Sidewalk -Project 4 and 5 J 9043 Plat 1680 Parcel 9400.
Ayes (6), Nays (0).Motion carried.
Crawford moved, McConnell second to adopt-Resol,ution No. 373-92
adding.the foilowing para. to Sec. B No'Parking Zones of the
Comp. Traffic and Parking Res. Book.
41.95 - ist Ave. S.E. on the E Side from 16th St. to 17th St. at all
times
69.5 - 2nd Ave. SE on the E Side from 16th St. to 17th St. - at all times.
221.3 - 17th St. SE on the N. Side from Broadway to ist Ave. at all times.
Ayes (6), Nays (0).Motion carried.
McConnell moved, Senjem second to adopt Resolution No. 374-92
revising the parking restriction -for Interlachen Plat as listed on the
Resolution. Ayes (6), Nays (0).Motion carried.
Canfield moved, Senjem second to adopt Resolution No. 375-92
approving the Passenger / Commodity Loading Zone for the Galleria
as listed on the Resolution. Ayes (6), Nays (0).Motion carried.
Hunziker moved, Crawford second to adopt Resolution No. 376-92 author-
izing the City Clerk to advertise for bids on Project No. 8215-15-92
2nd St. Ramp Rail Modifications - Bids to be opened on June 30, 1992
at 11:00 A.M. Ayes (6), Nays (0).Motion carried.
E-29
Hunziker moved, McConnell second to adopt Resolution No. 377-92
installing- Motorcycle Parking at the First Street Ramp. Ayes (6),
Nays (0).Motion carried.
Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 15, 1992
Hunziker moved, McConnell second to adopt Resolution No. 378-92
approving- the amendment No. 1 to the CY 92 Roch. City Lines
Contract. Ayes (6), Nays (0).Motion carried.
Crawford moved, Canfield second to adopt Resolution No. 379-92
amending the by-laws of the Coalition to create the First and Second
Vice Pres. positions and to add those positions and the immediate
Past Pres. to the Executive Committee of the Greater Mn. Cities
By -Laws Amendment. Ayes (6), Nays (0).Motion carried.
Hunziker moved, McConnell second to adopt Resolution: No. 380-92
permitting the March of Dimes to use Silver Lake Park for.bungee jump
benefit with an agreement of a hold 'harmless -holding the City harmle�
Ayes (5), Nays (1).Motion carried. President Selby voted nay.
An Ordinance annexing to the City 20 acres of land in Sec. 18 T 107
R14 - Intersection of 50th Avenue N.W. and 55th St. N. W. was given
its first reading.
An Ordinance annexing approx 6.50 acres of land in portions of the SE
1/4 of Sec. 8, and Outlot B N Park Second Sub. T 107N R 14W was given
its second reading - McConnell moved Hunziker second to adopt the
Ordinance as read. Ayes (6), Nays (0).Motion carried.
An_°Ordinance Amending and Reenacting Sec. 60.733 of the RCO Relating
to Appeals from the Board of Appeals to the City`:Council was given it!
second reading - Hunziker moved, Canfield second to adopt the Ordinanc
as read. Ayes (6),. Nays (0).Motion carried.
McConnell moved, Crawford second to adopt Resolution No. 381-92
approving an owner contract for Basic Construction in Willowridge Sub,
Phase VII ; Lowell Penz and Fraser Const. Ayes (6), Nays (0).Motion
carried.
Senjem moved, McConnell second to adopt Resolution No. 382-92
approving an Onwer contract for Basic Const. in No.Pk 6th Sub. to ser,
lots 4 thru 25 Blk 4 Lots 5-10 Blk 5 S.L. Contracting Inc. Ayes (6),
Nays (0).Motion carried.. -
Having no further business, Hunziker moved, Canfield. second to adjouri
the meeting to June 18, 1992 at 1:00 P.M. Ayes (6), Nays (0).Motion
carried.
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City Clerk
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