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1988-09-20133 September 20, 1988 MINUTES - MOUND CITY COUNCIL - SEPTEMBER 20, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular :session on Tuesday, September 20, 1988, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Liz Jen- sen,. Phyllis Jessen, .and Skip Johnson. Councilmember Abel ar- rived at 7:45 P.M. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, Building Official Jan Bertrand, Street Superintendent Geno Hoff, Sewer & Water Superintendent Greg Skinner, Police Chief Len Harrell and Finance Director John Norman and the following interested citizens: Neil & Suzanne Anderson, Phil Arones, .Lon Johnson, Harley Jordan, Paul Bennyhoff, Andrea Ahrens, Mike Barlow, Bettie Retchum, Gladys Larson, Larry Andersen, Phil & Eva Hasch, Geoff Michael, Darryl & Tina Frederickson, Mark & Deborah McCurdy, Curt & Marge Olson, Don Kohls, Jerry Kohls, Jim Bedell, Wesley Oak, Roy & Jean Westergaard, Doug Selle, Rick Lindlan, Al Strand, Sharon Tauber, Harold Meeker, Art Ridgway, Gordon Swenson, Barb Weber, Pat Aspinwall McGill, Charles & Laura Smith, Gail Rager, Joyce Gunion, Barry Reoh. The Mayor opened the meeting and wglcomed the people in atten- dance . _ _ __ The Pledge of Allegiance was recited. LYNN NELSON DAY The Mayor stated that Francis Babcock, former coach at Mound Wes- tonka High School, has informed him that Lynn Nelson, a former student and resident of Mound is at the Olympics in Seoul, South Korea and will be competing in the 10, 000 meter event. He sug- gested the City do something special for Lynn. The Mayor read the resolution that was prepared for this occasion. Smith moved and Jessen seconded the following resolution: RESOLUTION X88-126 RESOLUTION DECLARING SEPTEMBER 25, 1988, LYNN NELSON DAY IN MOUND, MINNESOTA The vote was unanimously in favor. Motion carried. The Council asked that the resolution be wired to Lynn in Seoul. MINUTES. MOTION made by Johnson, seconded by Jensen to approve the minutes of the August 23, 1988, Regular Meeting, as sub- mitted. The vote was unanimously in favor. Motion carried. 134 September 20, 1988 The Mayor suggested moving to number 20 on the agenda, because there were a number of people present for that item. Councilmem- ber Jessen suggested that there were also a number of people present for the public hearings and that the Agenda should be followed. The Council moved on to the first public hearing. CONTINUED PUBLIC BEARING: CASE.#88-720 & 88-721. APPLICA~iT: TONRA ALANO BOCIETY, INC.. OWNER OF PROPERTY: ROGER ROGER & JOYCE GUNION. 5098 THREE POINTS BLPD.. LOTS 8. 9. 12. 13. 14. 15, BLOCK 2. DREAMWOOD. PID #13-117-24 12 00.1810017/0020/0021/0022. REQUEST: ZONING AMENDMENT AND CONDITIONAL USE PERMIT The City Planner stated that the Planning Commission has reviewed the directive issued by the City Council regarding this matter and came up with three alternatives: 1. Add a new use to the conditional uses in the B-3 zone which would accommodate Tonka Alano. The use is listed as "institutional and non-profit corporations of a religious, health, educational, eleemosynary or philanthropic nature." 2. Define a new set of low intensity commercial uses for the existing B-3 zones. 3. Modify the existing B-3 zone and create a new 8-4 zone which would include some of the existing B-3 designated areas. The Planning Commission decided on a two stage approach. First, they recommend the immediate implementation of alternative #1 which modifies the provisions of the B-3 zone to include Tonka Alano type uses as conditional uses. They then recommend com- mencing further review of alternative #3 which establishes a new B-4 zone with the exact uses and purposes of both the B-3 and B-4 zones to be determined during the review and public hearing process. The Mayer reopened the public hearing. Ann Eberhardt, 1708 Dove Lane, expressed concern about how this rezoning would affect the area in the future. Gladys Larson, 1664 Eagle Lane, asked if there was any chance that the parking lot would ever be zoned commercial. At present it is zoned R-2. The Council assured her that the neighbors would be notified if there was a proposal to rezone: The Mayor closed the public hearing. Councilmember Abel arrived at 7:45 P.M. 135 September 20, 1988 Johnson moved and Jessen seconded the following: ORDINANCE #1~-1988 AN ORDINANQE AMENDING SECTION 23.635.3 OF TSE MOIIND CODE OF ORDINANCES TO ALLOW INSTITIITIONS AND NON-PROFIT CORPORATIONS OF A RELIGIOIIB, HEALTH, EDIICATIONAL, ELEEMOSYNARY OR PHILANTHROPIC NATIIRE BY CONDITIONAL IISE PERMIT IN THE B-3 20NING DISTRICT The vote was unanimously in favor. Motion carried. The City Planner reviewed the conditions the Planning Commission recommended for approval of the Conditional Use Penait. They were as follows: 1. Use of the facility and the scheduling of programming shall be accomplished in such a manner that all parking is accommodated by on-site, off street parking. 2. The Tonka Alano Society shall prepare a landscaping plan for the overall facility specifically identifying clean-up and proposed improvements to the slope areas immediately north of the building and immediately north of the parking lot. The plan, which shall be due within 60 days of the date of City Council approval of this permit, shall be approved by the City Planner and implemented by September 20, 1989. 3. Debris including but not limited to the truck, snow- mobile, dock and miscellaneous items shall be removed from the site immediately. 4. All signage shall conform to the Mound Sign Ordinance. 5. All building and site improvements shall receive proper local, county and state permits as applicable. 6. Fencing around the existing dumpster shall be repaired. 7. If the deck area is used for meetings or other ac- tivities, use shall occur only between the hours of 8:00 A.M. to 10:00 P.M. 8. Tonka Alano shall combine the lots under one tax parcel with the R-2 zoned lots (Lots 8, 9, 14 & 15) to be used for member parking. 9. This Conditional Use Permit is granted for the follow- ing legally described property: Lot 8, Block 2, Dreamwood, PID #13-117-24 12 0017 Lot 9, Block 2, Dreamwood, PID #13-117-24 12 0018 136 September 20, 1988 Lots 12 & 13, Block 2, Dreamwood, PID #13-117-24 12 0020 Lot 14, Block 2, Dreamwood; PID #13-117-24 12 .0021 Lot 15, Block 2, Dreamwood, PID #13-117-24 12 0022 This Conditional Use Permit shall be recorded with the county recorder or the registrar of titles in Hennepin County pursuant to Minnesota Statute Section 462.3595, Subdivision 4. This shall be considered a restriction on how this property may be used. 10. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. Smith moved and Abel seconded the fallowing resolution: RESOLUTION #88-127 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR OPERATION OF AN INSTITIITION AND NON-PROFIT CORPORATION OF A RELIGIOIIB, HEALTH, EDIICATIONAL, ELEEMOSYNARY OR PHILANTHROPIC NATIIRE AT 5098 THREE .POINTS BLVD., PID #13-117-24 iz 0017/0018/0020/0021/ooze, P i~ z cASE #88-721 The vote was unanimously in favor. Motion carried. The Mayor then asked that the Council move to item #20 on the Agenda. The Council agreed. DISCUSSION: 5440 LYNi~OOD BLVD.. (RESOLUTION SUBMITTED BY COIINCIL- MEMBER LIZ JENSEN.~ Councilmember Jensen reviewed her draft resolution on page 2140 of the Council packet and stated she does not wish to use the property east of the Public Works facility for material storage. The Council agreed. There was Council discussion on Resolution #88-59, which granted the setback, driveway width and parking variances; the Planning Commission's recommendations to deny the parking variance and also that the City Council look into acquiring contiguous property when it became available; the Zoning Ordinance requiring all businesses to provide off-street, parking for their employees; looking into other parking options, such as the Balboa property across the street or the Bill Clark oil property. Paul Bennyhoff, 2217 Basswood Lane, presented a petition over 1800 signatures which read as follows: 137 September 20, 1988 "The~Mound City Staff proposes acquiring the four (4j homes along Lynwood Boulevard, east of the Public Works Facility, tearing them down, and using that site for material storage (sandpiles, etc.j One of the homes has been purchased for $70,000. The proposal is: 1. Too costly; 2. Removing homes will be a loss to the city's tax base; 3. The proposal is an intrusion into a residential area; 4. Property values of surrounding homes would be harmed. We oppose the proposal and urge the Mound City Council place the one house already acquired for sale." MOTION made by Johnson, seconded by Abel to table this mat- ter at this time and research other options for employee parking, such as the Balboa property or the Bill Clark Oil property aad discuss this again at the September 27, 1988, Council Meeting. The vote was unanimously in favor. Motion Carried. CONTINUED PUBLIC HEARING: CASE #88-723: WILLIAM NICCUM, 4841 BARLETT BLVD., PART OF GOVERNMENT LOT 8, PID X13-117-24 44 0001/0002f0010, CONDITIONAL USE PERMIT FOR WETLANDS ALTERATION The City Attorney reported that. he has reviewed the case of Welsh vs. the City of Orono that Mr. Niccum's attorney submitted and he agrees that the City of Mound is limited in what it can do since the DNR issued a permit to Mr. Niccum to dredge in public waters. Therefore, no action is necessary. On the subject of docks, the City does not have an ordinance regulating private docks and therefore has no control. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. The Council asked that in the future when the DNR notifies the City of an application to dredge that it be brought before the Park Commission or the Council for their comments. PUBLIC HEARING: .PROPOSED VACATION OF DRIIMMOND ROAD FROM AM- HURST LANE TO DEVON LANE The Building Official explained the applicant originally applied for a variance to construct a deck 3 feet from the south property ,line. The Planning Commission recommended that the applicant apply for a street vacation for a portion of unimproved Drummond Road that abuts his property. The City Engineer explained that because of previous problems concerning the use of this unimproved right'of-way and storm water drainage the City ordered an improvement project (storm 138 September 20, 1988 sewer and minor street improvement) over the west portion of Drummond Road. The Street Department and the City Engineer recommend the following: 1. The area to be vacated should be that part of Drummond Road right-of-way lying between the southerly extension of the east line of Lot 20, Block 11, Devon and a line drawn parallel with and distant 100 feet west from said east line of Lot 20, except the City shall retain a permanent utility easement over the north 15 feet of the previously described property. 2. The City will. be responsible for maintaining that por- tion of Drummond Road right-of-way which is proposed to be improved with bituminous surfacing. 3. The remaining portion shall be left in its present con- dition and shall not be maintained by City forces. The Mayor opened the public hearing. Janet Nelson, 4828 Island View Drive, does not want the unimproved part of the road used as a driveway for the Jerecyzeks. She would like it barricaded off where the bituminous surface ends and vacated all the way up so that it is not used. Resident at 4818 Island View Drive, was in favor of vacating the remainder of Drummond Road. Luther Hoese, 4836 Island View Drive, spoke against the storm sewer assessment and agreed that a barricade should be installed. Paul Jerecyzek, 3225 Devon Lane, the applicant for the vaca- tion spoke against a barricade and stated he would be will- ing to -pay a reasonable price to have the remainder paved. The Mayor closed the public hearing. The City Engineer explained that the problem with vacating the remainder of Drummond Road is that there are four lots (2 that belong to the City) that may some day need access to be improved. There is no sanitary sewer to these lots at this time. Jessen moved and Johnson seconded the following resolution: RESOLUTION #88-128 RESOLUTION VACATING CERTAIN STREET EASE- MENTS OVER PART OF DRUMMOND ROAD AND RETAT_NING FOR THE CITY A UTILITY EASE- MENT The vote was unanimously in favor. Motion carried. 139 September 20,-1988 The Council and the residents continued to discuss the pros and cons of paving vs. not paving the remainder of Drummond Road. The Council then asked the City Engineer to explore options of what can be done with the rest of the right-of-way from the bituminous surface to the portion that was vacated and the costs that could be involved. The residents were encouraged to try to work together to solve the problem. This will be discussed again at the September 27th meeting. PUBLIC HEARING: DRUMMOND ROAD STORM SEWER AND STREET IMPROVE- MENT ASSESSMENT The City Engineer explained the background and gave the costs for the assessment. The City Attorney explained the assessment pro- cedures according to Chapter 429 of the State Statutes. The Mayor opened the public hearing. Luther Hoese, 4836 Island View Drive, submitted a letter of objection to the assessment. The Mayor closed the public hearing. The City Attorney suggested that the Council adopt the assessment roll as proposed with the exception of Mr. Hoese's parcel (PID #25-117-24 11 0028). He further suggested that the Council ad- journ this for one week which would give Mr. Hoese time to present evidence as to why his property is not benefited by the improvement. This one week will also give the City Engineer and Staff time to prepare historical background and a resolution with findings of fact. Johnson moved and Jessen seconded the following resolution: RESOLUTION X88-129 RESOLUTION ADOPTING THE DRUMMOND ROAD STORM SEWER AND STREET IMPROVEMENT ASSESSMENT ROLL AS SUBMITTED WITH THE EBCEPTION OF LOTS 8 & 9, BLOCK 12, DEVON (PID #25-117 -24 11 0028) TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8~ INTEREST - LEVY #11158 The vote was unanimously in favor. Motion carried. The Council adjourned this item to the September 27th meeting in order to obtain the items suggested by the City Attorney. PUBLIC HEARING: COUNTY ROAD 15 STREET IMPROVEMENT ASSESSMENTS The City Engineer explained the background and gave the costs for the assessment. He stated the costs are below what was originally estimated: 140 September 20, 1988 Curb & Gutter Cost Per Front Foot - was. originally $5.04/L.F. and is now $4.67/L.F. Concrete Driveway Aprons Cost Per Square Yard - was originally $18.92/S.Y. and is now $13.74/S.Y. Concrete Sidewalk Cost Per Square Foot - was originally $.71/S.F. and is now $.70/S.F. Storm Sewer Cost Per Square Foot - was originally $.075/S.F. and is now $.045/S.F. The Mayor opened the public hearing. Jim Bedell, owner of property at 4801 Shoreline Blvd., voiced his objection to the assessment for sidewalk and storm sewer. The Mayor closed the public hearing. Abel moved and Johnson seconded the .following resolution: RESOLIITION #88-130 RESOLIITION ADOPTING THE COIINTY ROAD 15 ' STREET IMPROVEMENT ASSESSMENT ROLL TO BE CERTIFIED TO THE COIINTY AIIDITOR AT 8$ . INTEREST - LEVY #11156 - $136,085.34 The vote-was unanimously in favor. Motion carried. PIIBLIC HEARING: COIINTY .ROAD 15 STREET LIGHT IMPROVEMENT ASSESSMENTS The City Engineer explained the background and gave the costs for the assessment. He stated the costs are below what was originally estimated: Residential Use - was originally $9.72/L.F. and is now $6.25/L.F. Commercial or ether Use - was $14.50/L.F. and is now $9.38/L.F. The Mayor opened the public hearing. Jim Bedell asked how far west of the bridge the first light is going to be placed. The Engineer stated he thought im- mediately after the bridge. The Mayor closed the public hearing. Jessen moved and Johnson seconded the following resolution: 141 September 20, 1988 RESOLIITION #88-131 RESOLIITION ADOPTING THE COIINTY ROAD 15 STREET LIGHT IMPROVEMENT ASSESSMENT ROLL TO BE CERTIFIED TO THE COIINTY AIIDITOR AT 8$ INTEREST - LEVY #11157 - $85,654.63 The vote was unanimously in favor. Motion carr~.ed. COMMENTS & SIIGGESTIONS FROM CITIZENS. PRESENT There was no response. REQUEST TO BE HEARD FROM BRETT HAAGE, 2666 WESTEDGE BLVD. RE: HOMESTEAD CREDIT PROCESSING Mr. Iiaage was present and stated that he was told when he applied for Homestead Credit on August 11, 1988, that processing for 1989 ended June 1, 1988. He asked the Council to change their policy in the handling of his credit. The City Manager reviewed his memo that stated that the state statute states that the date of the legal document, or in this case July 28, 1988, must be used in filing the homestead credit. No action was taken on this matter. REOIIEST TO BE HEARD FROM MIRE MACABRE, 6557 BARTLETT BLVD. The City Manager explained that Mr. Malaske ,was not prepared at this time to appear. This item will he handled at a future meet- . ing. APPROVAL OF PAYMENT REQUEST #4. PIIBLIC WORKS FACILITY IN THE " AMOIINT OF $145,044.10 MOTION made by Abel, seconded by Johnson to approve Payment Request #4 from Loeffel-Engstrand for work completed through August 31, 1988.; on the Public Works Facility, in the amount of $145,044.10. The vote was unanimously in favor. Motion carried. APPROVAL OF CHANGE ORDER #5, PIIBLIC WORKS FACILITY The City Engineer distributed the material relating to Change Or- der #5 which is as follows: ITEM NO. 1 Delete receptacles Rooms #112 & 114 Deduct ( 406.00) ITEM NO. 2 Add Sign Machine Circuit in Room 113 Add 483.00 142 September 20, 1988 ITEM NO. 3 Add light fixture and switch/receptacle to Room 123 Add 294.00 ITEM NO. 4 ' Remove two K9 fixtures at the lower cost Deduct ( 310.00) STEM NO. 5 Install two welder outlets in Room 117 Add 956.00 ITEM NO. 6 Seal interior of salt/sand storage retaining walls Add 400.00 ITEM NO. 7 Delete sealing exterior of precast concrete wall panels Deduct ( 2,400.00) ITEM NO. 8 Install underground conduit for existing lift Add .161.00 ITEM NO. 9 Caulk between sidewalk and precast wall panels Add 228.00 ITEM NO. 10 Add gate at corner of property Add 500.00 ITEM NO. 11 Sod between building and fence on north and east Add 523.00 TOTAL CHANGE ORDER NO. 5 Add 429.00 Original Contract Amount $ 679,000.00 Change Order No. 1 14,700.00 Change Order No. 2 3,142.00 Change Order No. 3 725.00 Change Order No. 4 1,011.00 Change Order No. 5 429.00 Revised Contract Amount $ 699,007.00 Abel moved and Jessen seconded the following resolution: RESOLIITION #88-132 RESOLIITION TO APPROVE CFIANGE ORDER #5 - _ PIIBLIC WORKS FACILITY IN THE AMOIINT OF " $429.00 The vote was unanimously in favor. Motion carried. 143 September 20, 1988 EXTENSION OF CONTRACT -- PUBLIC WORKS FACILITY The City Engineer explained that the contract completion date for the Public Works Facility is September 28, 1988. The contractor has asked that he be given an extension to October 14, 1988, be- cause of some. circumstances beyond his control. The City En- gineer recommended approval of the extension of time. MOTION made by Jessen, seconded by Abei to grant an exten- sion of time in the contract for the Public Works Facility until October 14, 1988. The vote was unanimously in favor. Motion carried. REQUEST FOR MAINTENANCE PERMIT ON COMMONS - STIIDER/SMITH, 4849 ISLAND VIEW DRIVE Mr. Studer and Mr. Smith were present and explained that they feel the walkway provided protection when walking from the stair- way to the dock. The City Manager explained that the Park Commission recommended denial of the maintenance permit application and removal of the existing walkway and deck from the Commons. MOTION made by Johnson, seconded by Jessen to deny a request for a maintenance permit on Commons at 4849 Island View Drive and recommend that the applicants look into having a stairway installed with the proper permits from the City. The vote was unanimously in favor. Motion carried. APPOINTMENT OF REPRESENTATIVE TO L.M.C.D. BOARD The City Manager reported that Mr. Reese was not able to attend tonight's meeting. He has asked to be reappointed. The Council decided to carry this matter over to the September 27th Meeting. No action was taken. EXTENSION OF RESOLUTION #88-36 The. City Clerk explained that the applicant's attorney has asked that this resolution be extended for an additional 180 days so that it can be filed after the closing on the property. Johnson moved and Abel seconded the following resolution: RESOLUTION #88-133 RESOLUTION TO APPROVE AN EXTENSION OF RESOLUTION #88-36 ENTITLED, "RESOLUTION TO CONCIIR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A WAIVER OF SUBDIVISION REQUIREMENTS PURSUANT TO SECTION 330:185 OF THE MOUND CODE OF OR- DINANCES FOR METEfi AND BOUNDS DESCRIP- TION, LOTS 38 & 39, ROEHLER'8 ADDITION 144 September 20, 1988 TO MOIIND; PID #13-117-24 33 0040; P ~ Z CASE #88-704 The vote was unanimously in favor. Motion carried. TA$ FORFEIT PROPERTY The City Clerk explained that Hennepin County has requested that the City release a to foot strip of Lot 21, Block 7, Abraham Lin- coln Addition to Lakeside Park for sale to an adjoining property owner. The piece will be used as a driveway access to Lots 17 and 22, Block 21. Currently, the person is driving over a por- tion of State owned land (Lots 18, 19 and 20). Smith moved and Abel seconded the following resolution: RESOLIITION X88-134 RESOLIITION RECONPEYING (IF NECESSARY) CERTAIN PORTION OF TAX FORFEIT LANDS BACK TO THE BTATE AND REQIIESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE. SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS (PID #13-117-24 34 0009) The vote was unanimously in favor. Motion carried. REOIIEST FROM JAMES MIISECH. ATTORNEY FOR ARCO CENTIIRY RE: RELEASE OF REVERSIONARY INTEREST Mr. James Musech explained that a title opinion on property. at 5533 Shoreline Blvd. uncovered a reversionary interest in favor of the City of Mound. He is requesting that the City release this reversionary interest. Mr. Vic Cossette, owner of ARCO Century was present. The Building Official' reviewed past problems she has had with the business and the fact that a current Conditional Use Permit is not in place. The Council discussed having Mr. Cossette apply for a Conditional Use Permit with the current uses listed. Mr. Musech presented a Subordination Agreement to the Council to consider. The City Attorney suggested waiting until the Septem- ber 27th Meeting to give him time to review the agreement and also give Mr. Cossette time to apply for a Conditional Use Per- mit. MOTION made by Smith, seconded by Johnson to carry this item over to the September 27th Meeting to allow the City Attor- ney to review the Subordination Agreement and give Mr. Cos- sette time to apply far a Conditional Use Permit with cur- rent uses listed. The vote was unanimously in favor. Mo- tion carried. 145 September 20, 1988 PRESENTATION OF PROPOSED 1989 CITY OF MOIIND BIIDGET The Council asked that this item be carried over to the September 27th Meeting. The Council then set Wednesday, October 5, 1988, at 6:30 P.M. for the Budget Hearing. PAYMENT OF BILLS MOTION made by Abel, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $212,379.17, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOIIB A. Department Head Monthly Reports for August 1988. B. August 1988 Financial Report as Prepared by John Norman, Finance Director. C. Memo dated September 6, 1988, from Jim Fackler, Parks Direc- tor, regarding Eurasion Water Milfoil Seminar. D. I understand that Mayor Smith has invited the Drug Task .Force to a breakfast meeting on Saturday, September 17, 1988. The enclosed letter dated September 9, 1988, from Dr. Bill Peglow indicates that he cannot attend this meeting and also suggests hesitancy with regard to approving expendi- tures for 1989 for drug issues. E. Letter from Cathy Bailey, Westonka Senior Center regarding efforts of Sgt. Brad Roy. F. Mailing from the Metro Futures Task Force of the Metropolitan Council on issues facing the Twin Cities in the 21st century. They want your opinions. Please review and respond to Donna Mattson at the Metropolitan Council. G. Park Commission Minutes of Sept. 8, 1988. H. Planning Commission Minutes of Sept. 12, 1988. MOTION made by Abel, seconded by Smith to adjourn at 11:30 P.M. The vote was unanimously in favor. Motion carried. `. ~ f' i Edward J hukle, Jr., City Manager Fran Clark, CMC, City Clerk