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HomeMy WebLinkAboutMIN 05.15.2007 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present. Council bsent. Patty Eason, Gabe Sansing, Doug Smith, Pat All Council Present Berryman, Farley Snell, Ben Oliver, Henry Carr Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager; Patricia E. Carls, City Attorney; Shirley J. Rinn, Deputy City Secretary, City Secretary; Keith Hutchinson, Public Information Officer; Bobby Ray, Planning and Development Director; Ed Polasek, Principal Planner; Leticia Zavala, Controller; Judy Fabry, Administative Assistant, Clay Shell, Assistant Fire Chief, Assistant City Manager for Utility Operations, Mike Mayben, Energy Services Manager, Terry Jones, Support Services Construction Manager, Elizabeth Cook, Principal Planner, Jerry Pate, Evelyn McClean, Travis McLain, Airport Manager, Jennifer Bills, Housing Coordinator Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items -Transamerican Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAR Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) B Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the acquisition of a 0.835 acre utility easement from Clearwater Crossing Limited Partnership, LLP in connection with Project Lone Star Electric Service -- Jim Briggs, Assistant City Manager for Utility Operations, and Terri Calhoun, Paralegal - Consideration and possible action regarding acquisition of property to facilitate the realignment of Blue Ridge Drive --Paul E. Brandenburg, City Manager C Sec, 551.087: Deliberation Regarding Economic Development Negotiations - Discussion and possible action regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; and deliberation of the offer of a financial or other incentive to a business prospect described above - Airborn and new potential prospect D Sec.551.074: Personnel Matters - Annual Performance Evaluation and Compensation Review of City Manager Regular Session ® To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, City Council Meeting Minutes/May 15, 2007 Page 1 of 8 Pages Texas Government Code Chapter 551.) The Mayor called the meeting to order at 6:OOpm G Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council - Presentation of Certificate of Excellence from the Arts and Culture Board to the GISD Music Education Program - Proclamation Honoring Peace Officers H Announcements and Comments from City Manager ****The following City of Georgetown offices will be closed on Monday, May 28 in observance of the Memorial Day Holiday: City Hall, Georgetown Municipal Complex, Library, Municipal Court, Parks and Recreation Administration Building, Recreation Center, Tennis Center, Visitors Center ❖ Trash Collection -There will be normal trash collection for City of Georgetown customers on Monday, May 28. For questions about trash collection, call Texas Disposal Systems at (512) 930-1715. A Memorial Day Ceremony honoring all veterans and those currently serving in our Military Forces will be held on Monday, May 28, 2007 at 9:30am at the Georgetown -Williamson County Veterans Memorial located at 2 Texas Drive in Sun City, Texas ❖ City Pools open for the summer on Saturday, May 26, 2007. San Gabriel, Williams Drive and the Village Pools will be open on Memorial Day. Public Wishing to Address Council - John Gavurnik regarding affordable housing. - Not in attendance - David Osmar regarding on -premise beer and wine license - Mr. Osmar updated the Council regarding the progress on a petition for a liquor licensing for "Beer and Wine only. The Election will be in November J Action from Executive Session Motion by Smith, second by Carr to approve a 5% salary increase for the City Manger to $153,500 as well as a $7,500 bonus both effective on the first pay period for the 2007/08 Fiscal Year. Approved 7-0 Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. K Consideration and possible action to approve the minutes of the Regular Council Workshop on Monday, April 23, the Regular Council Meeting on Tuesday, April 24, and correction to the minutes of the Regular Council Meeting on April 10, 2007 -- Sandra D. Lee, City Secretary L Consideration and possible action to accept a $50,000.00 donation to the Georgetown Municipal Airport Fund from the Central Texas Airshow and to approve the staffs proposed uses of the donation -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager M Consideration for approval of the declaration of surplus equipment and authorizing staff to negotiate and execute a contract for auctioneering services -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve a contract amendment with Capitol City Janitorial, Inc. for an increase in cost of janitorial services in the estimated amount of $49,000 annually -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration O Consideration of award of the annual bid for the electric meter testing and ERT replacement to Texas Meter Device for the bid price of $9.20 for single phase meters and $30.80 for ERT replacements -- Michael Mayben, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations IT= a ;reralill!i��illil'I '1111111111 City Council Meeting Minutes/May 15, 2007 Page 2 of 8 Pages voluntaryrim Arai a am AT WAIST,% mrr. WINNOW placed on a future agenda, the annexation • . theGity. 24.08aGre.s, mere .. less . the . -... Fish Sup,�ey and William ■.. . l..19Gated atWes.tbwyand Shel!Road Edward G. pulled and will be placed on a future agenda, R Consideration and possible action for approval of a change order to Fazzone Construction for demolition at the Information Technology/EOC Building in the amount of $47,929. -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration S Consideration and possible acceptance of the Grant of $3,600.00 from the Texas Commission on Fire Protection. -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief T Approval of an agreement for annual actuarial valuation services with Gabriel Roeder Smith & Co, in the estimated amount of $7,500. -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration U Consideration and possible action to approve a request for $15,000 from the Georgetown Symphony Society for the Festival of the Arts -- Paul E. Brandenburg, City Manager V Consideration and possible action to authorize the Mayor to sign a letter of support to the Lower Colorado River Authority for a Community Development Partnership Program Grant Application for Swift Water Rescue Equipment -- Paul E. Brandenburg, City Manager Motion by Sansing, second by Berryman to approve the Consent Agenda with the exception of Item U, which was pulled to the Legislative Regular Agenda. Approved 7-0. Council will individually consider and possibly take action on any or all of the following items: U Consideration and possible action to approve a request for $15,000 from the Georgetown Symphony Society for the Festival of the Arts -- Paul E. Brandenburg, City Manager There was a discussion regarding the value the Festival of the Arts brings to the community. There was additional discussion regarding the need for a standard approach for supporting this event. Speaker, Ellsworth Peterson, told Council the event is in its third year and that he believes that the event has been a great success. He went on to inform the Council that the event attracts people who travel very far to support this festival. He said this festival is special and makes Georgetown unique. He said that the event organizers would like to eventually advertise nationally, but do not have the funds to do that at this time. Speaker, Betty Jukes, thanked the Council for supporting the festival. She told the Council that this festival is very unique. She said that a festival needs at least five years to determine its viability. She also informed the Council that were five or six thousand people at the Fireworks, and also indicated that she would like to see the Council support this festival each year in its budget. Brandenburg told Council the the festival has merit. He said the question is where to find a home for the funding for this festival. He told the Council there is currently $10,000 in the Convention and Visitors Bureau (CVB) budget, and there is a question as to where to find the additional $5,000. He suggested it come from the City Manager's Special Project Fund. He went on to discuss the possible future funding for this event. He indicated that the Council has approved 1/4 of 1 % to support cultural activities in the Budget and that he thought that the Georgetown Symphony could work with the Arts and Culture Board and use this source of funding to help sponsor future events. Motion by Eason, second by Berryman to approve $10,000 from the CVB Hotel/Motel Texas (HOT) Funds and $5,000 from the City Manager's Special Project Budget to fund this event and to also direct staff to work with the Arts and Culture Board to work out future funding. There was additional discussion regarding expenses of the festival, including the in-kind services provided by City Council Meeting Minutes/May 15, 2007 Page 3 of 8 Pages the City, as well as discussion regarding the legalities involved regarding the use of CVB funding. Ellsworth told the Council that there are at least 50 vendors and entertainers who will spend the night in Georgetown for the upcoming festival. Brandenburg told the Council that the CVB does have reporting mechanisms in place for event sponsors to fill out upon the completion of the event. The Council indicated that it would like to see the Festival Organizers work with the CVB regarding the tourist survey in order to prepare for the request to the Arts and Culture Board next year. There was also some discussion regarding future funding for this event and others, as well as the need for events like this to be become self sustaining in the future. Comments were made that most art programs are not self sustaining and rely on the use of philanthropic donations and local, state and federal funding. Vote on the motion: Approved 7-0. W Discussion and possible action regarding review of the City Council's current policy on Community/Social Service Funding and its current Funding Guidelines for Social Service Funding -- Farley Snell, Councilmember, District 6 There was discussion regarding the need for Council to review the Funding Guidelines and Policy each year prior to the application process. Motion by Snell, second by Sansing to approve guidelines for 2007-08. Motion to amend by Sansing to also recommend that Fiscal and Budgetary Policy be amended in the 2008-09 to 1.5%. Motion died for lack of second. There was discussion regarding whether or not the review of the Social Service and Children and Youth Program Funding Policies and Guidelines needed to be held earlier in the budget planning process and whether or not the amount of funding should be increased the next fiscal year's budget. X Discussion and possible action regarding review of the City Council's current policy on Youth and Children's Program Funding and its current Funding Guidelines for Children's and Youth Program Funding -- Farley Snell, Councilmember, District 6 Snell discussed his reasoning for recommending a percentage of the General Fund Budget for funding these programs, as well as his reasons for amending the guidelines. Motion by Snell, second by Smith to amend its Funding Policy and Guidelines for Youth and Children's Program Funding as follows: City of Georgetown's policy on Youth and Children's Program: 1. The City Council as part of its regularly scheduled annual budget review process will agree on a funding amount approximating one-eighth of one percent of the annual operatin budget , which will be placed in the subsequent year's fiscal budget. This dollar amount will be in a segregated account separate and identifiable from the Social Service Funding. 2. Funds may be allocated to support programs for children and youth who have little or no access to City programs either because of fees or location. This includes both current City programs as well as programs the City is authorized to provide but is not currently doing so. City of Georgetown Guidelines for Children's and Youth Program in 2007-08: The Georgetown City Council will consider providing funding through a contract for services to legally qualified non-profit organizations which provide services that the City is legally authorized to provide, but is not currently providing, when such services are: To support programs for children and youth who have little or no access to the City of Georgetown's programs or services that the City is legally authorized to provide but not currently providing , either because of fees or location. These programs need to be offered on a regular basis after school and/or during vacations and breaks. These programs also shall have little or no charge or fees to participating youth and children, or provide scholarships andJor transportation for those who otherwise would be unable to participate. The programs and activities need to be open to the public and be held at an accessible facility. Y Consideration and possible action to authorize a contract with Brinkley Sargent Architects to conduct a space needs assessment for the Police Department, Municipal Court and Fire Administration in an amount not to exceed $75,000 --Terry Jones, Support Services Construction Manager and David Morgan, Chief of Police Jones explained the item to the Council. He also told the Council about the City's past experiences with the City Council Meeting Minutes/May 15, 2007 Page 4 of 8 Pages recommended architect. Motion by Sansing, second by Berryman to conducta` space needs assessment for the Police Department, Municipal Court and Fire Administration in an amount not to exceed $75,000. Approved 7-0 Z Consideration and possible action to amend Resolution 082404 -BB regarding the annual amendment process for the Unified Development Code (UDC). -- Tom Yantis, Assistant City Manager Yantis explained the item to the Council, saying under current policy, the public workshops are not held until after the staff has worked on the language of the ordinance changes. In the current process there is not time to review controversial and/or items of great public interest prior to Council consideration. His recommendation is that these public meetings be held immediately after the City Council establishes the list of amendments in October prior to staff working on the language so that any items that are controverisial or of great interest to the public can be fleshed out and worked through prior to the language changes being brought forward to the Council for its consideration. Motion by Sansing, second by Berryman to amend Resolution 082404 -BB regarding the annual amendment process for the Unified Development Code (UDC) Motion to Amend by Snell, second by Eason to amend the language of the Resolution as follows: SECTION 2: That Subsection 2. Review Process of Section 2 of Resolution 082404 -BB is hereby amended as follows: Review Process — Upon the recommendation of the Council, staff will research, review, and draft the proposed text amendments. During this process, staff will hold at least two public workshops to give the Georgetown community the opportunity for input into the amendment process. The first public workshop will be conducted within two weeks of the Council's approval of the list of amendments. If, after the first public workshop, any amendments are identified by staff, based upon public input, to require additional public participation, staff will present to the City Council, at their next regularly scheduled meeting after the first public workshop, a recommendation to create one or more citizen working groups to assist staff in drafting the amendments. The Council I may stipluate the'makeup of and charge to -a working group: When There was a lengthy discussion by the Council regarding the intent of the recommended changes regarding workgroups. There was clarification that the workgroup provides input to staff and staff is responsible for drafting amendments to the Ordinance. There was additional discussion regarding whether or not the Council should appoint the working group and whether the groups should only be made up of stakeholders or the general public, as well as the merits of Council appointing the working group or allowing anyone to participate in the working group. There was also additional discussion regarding whether or not working groups that were not appointed by the Council would attempt to "go back to the drawing board" in spite of Council's direction to staff regarding the drafting of amendments. There was additional discussion regarding whether or not the Council stipulation the "makeup" of the workgroup related to approving groups of specific stakeholders and the public, or appointment of specific individuals. There was discussion that the Council would stipulate the "makeup" of the group (i.e. stakeholders, professions, etc.) and not necessarily the specific individuals, but that staff could recommend a working group and then Council would have to approve the group prior to any meetings/discussions taking place. Carr left the dais at 7:00 pm. There was additional discussion by the Council regarding the merits of "taking the heat off of staff' by having the Council approve the working group. Snell proposed dividing his amendment into two amendments. Eason agreed to second. Vote on Amendment to add the following language to the Resolution: "The Council may stipluate the makeup of and charge to a working group." Approved 4-2 (Sansing, Berryman opposed) (Carr Absent) Vote on Amendment to add the following language to the Resolution: "When the amendment is reported to the City Council, it will be accompanied by the recommendations of both the staff and the working group."Approved 4-2 (Berryman, Oliver opposed) (Carr Absent) a ! 1!11111 .•.y... •.111 .... -. �. - AA Second Readings 1. Second Reading of an Ordinance Amending the following Sections of the Unified Development Code: City Council Meeting Minutes/May 15, 2007 Page 5 of 8 Pages Section 1. 15 `Traffic Calming Policy'; Table 2.01.020 "Summary of Review Authority"; Section 2.07 "Parks and Recreation Board"; Section 3.03.010 (D)(2) "Provision of Public Notice"; Section 3.08.050.1. "Waivers"; Section 3.09.010 "Applicability"; Section 3.13.020 "Review Process"; Section 3.13.080 "Appeals"; Section 4.06.020.E "Parking"; Section 4.08 "Gateway Overlay District"; Table 5.01.020 "Permitted Uses by Zoning District"; Section 6.01.040 "Minimum Requirements'; Table 6.02.030 "Housing Type Dimensional Standards"; Section 6.02.040(B)(3)(b) "Features Allowed within Required Yards"; Section 6.03.020 "Non - Residential Dimensional Standards"; Section 6.04.010.C. "Double Frontage"; Section 6.04.020.B.1. "Length"; Section 8.01.030 "Applicability"; Section 8.07.020 "Applicability"; Section 10.04 "Signs Prohibited Under this Code'; Section 10.06 "Sign Dimensional Standards"; Section 11.01.030 "Applicability"; Section 11.02.010.A "Applicability'; Section 11.02.020.A.1 "Low Impact Site Design"; Table 12.03.020 "Design Standards"; Section 12.03.020.8.6 "Vertical Curves'; Section 12.03.050 "Street Layout'; Section 12.03.050.D.3 "Radius at Corners"; Section 12.04.030 "Design Requirements and Standards"; Section 13.04 "Residential Rural Subdivisions"; Section 13.05 "Open Space"; Section 13.08 "Subdivision Improvement Guarantees"; and Chapter 16 "Reference" -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Oliver to approve Ordinance 2007-29. Approved 6-0. (Carr Absent) Motion to Amend by Oliver, second by Smith to amend the Resolution language as follows: Change "e" to "2" Change "2" to "3" Amend Section 8, Section 3.13.020(E)1e Signage as follows: A Certificate of Design Compliance for exterior signage shallbe reviewed adminstFativelyUPGR Ch;;ir of the by a standing Subcommittee appointed by the Historic and Architectural Review Commission for this purpose. This Subcommittee may approve the Certificate if it determines that the application is consisent with the design guidelines. This doesn't preclude the submission of any Certificate of Design Compliance application to the full commission for review if it is felt - bytM�ro-teaand the Subcommittee believes that such a review is warranted. There was discussion regarding reasoning for proposing the amendment. Vote on Amendment: Approved 5-1 (Berryman opposed) (Carr Absent) 2. Second Reading of an Ordinance Rezoning 2.30 acres in the L.J. Dyches Survey (A-180) also to be known as the CARTS Bus Station, from RS, Residential Single -Family to C-3, General Commercial district, located on South Austin Avenue north of SE Inner Loop -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve Ordinance 2007-30. Approved 6-0 (Carr absent). 3. Second Reading of an Ordinance Rezoning Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park from AG, Agricultural district to IN, Industrial district for, located at 105 and 107 Halmar Cove -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Oliver to approve Ordinance 2007-31, Approved 6-0 (Carr absent). 4. Second Reading of an Ordinance Rezoning 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, LocalCommercial, for the property located at Williams Drive Northwest of Serenada Drive -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Snell to approve Ordinance 2007-32, Approved 6-0 (Carr absent) City Council Meeting Minutes/May 15, 2007 Page 6 of 8 Pages 5. Second Reading of an Ordinance for a Comprehensive Plan Amendment to amend the Overall Transportation Plan to show the realignment of the 2500 — 2700 blocks of the SE One arterial and modify the cross sections of SE One and SH 29 Bypass -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Eason to approve Ordinance 2007-33. Approved 6-0 (Carr absent) There was a request by the Council to have another transportation workshop regarding planning process. 6. Second reading of an Ordinance to amend the Georgetown Code of Ordinances, Chapter 2.28 related to organizational details, operational functions, and fee assessments for the Fire Department -- Anthony Lincoln, Fire Chief Lincoln read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve Ordinance 2007-34, Approved 6-0 (Carr absent) 1. PUbliG HeaFiRg GRthe veluntaFy- the City feF! _ DyGh86 SuNey, for Air-bern pFepert��y 19Gated south of SE inner Leep and Blue SpringIs Parkway EdwaFd G. Pelasek, AIGP, PF;RGipal Plaanner and Bobby Ray, AIGP, Dire-roter ef Planning and DevelIepmen This item was pulled and will be placed on a future agenda. Survey and William Roberts .. • Bebby . ■ . . DevelopmeRt and EdwaFd G. Polasek,AIGP, ■ FiRGinnl PlapmefThis item was pulled and will be placed on a future agenda. 3. First Reading of an Ordinance amending the 2006/07 Annual Operating Plan Element (budget) for adjustments related to staffing, equipment, and capital improvements. -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Eason to approve the ordinance on first reading. Approved 6-0 (Carr absent) 4. First Reading of an Ordinance of the City Council of the City Of Georgetown, Texas, accepting approximately 434.3 (+/-) acres of land located in Williamson County, Texas into the Extraterritorial Jurisdiction of the City of Georgetown, said land known as the "Lively Tract' and being more particularly described in Document No. 1990719 of the Official Records of Williamson County, Texas, and being in the in the A.N. Porter Survey, A-490, the Greenlief Fisk Survey, A-5, and the B. Manlove Survey, A-420, Williamson County, Texas -- Tom Yantis, Assistant City Manager Yantis explained the item and told Council that he needed to read the ordinance in its entirety. Motion by Sansing, second by Smith to approve the ordinance on first reading. Approved 6-0 (Carr absent) 5. First Reading of an Ordinance of The City Council of The City of Georgetown, Texas Amending The Code Of Ordinances To Amend Chapter 6.50, Section 6.50.040A(12)(b), and Section 6.50.070 Pertaining To The Regulation Of "Itinerant Merchants" — Paul E. Brandenburg, City Manager Brandenburg explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 6-0 (Carr absent) CC Consideration and possible action to appoint Becky Krause to the Building Standards Commission to fill a vacancy that expires in February, 2008 -- Mayor Gary Neion Motion by Smith, second by Berryman to appoint Becky Krause to the Building Standards Commission to fill a vacancy that expires in February, 2008. Approved 6-0 (Carr absent) DD Consideration and possible action regarding the recommendation by the Main Street Advisory Board to accept from the Georgetown Heritage Society grant of all of the proceeds from the Main Street 25th Anniversary, a City Council Meeting Minutes/May 15, 2007 Page 7 of 8 Pages Sterling Celebration, to the Georgetown Main Street Program --Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Community Services Director Trish Carls explained the item. Motion by Snell, second by Eason to accept from the Georgetown Heritage Society grant of all of the proceeds from the Main Street 25th Anniversary, a Sterling Celebration, to the Georgetown Main Street Program. Approved &0 (Carr absent) Motion by Smith, second by Berryman to Adjourn at 7:45 p.m. The meeting was adjourned at 07:45 PM. City Council Meeting Minutes/May 15, 2007 Page 8 of 8 Pages Attest: City-SecretaryI ifley J. Rinn, Deputy