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HomeMy WebLinkAbout07/15/2002 Regular . City of Springfield " I.' ...if' Regulai IVleeting . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, mLY 15,2002 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, July 15, 2002, at 7:02 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Lundberg, Ralston and Simmons. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City Attorney Meg Kieran, Administrative Coordinator Julie Wilson and members of the staff. Councilor Hatfield was absent (excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT CONSENT CALENDAR IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. . 1. Claims a. Approve the June 2002 Disbursements for Approval. 2. Minutes a. April 29, 2002 - Regular Session b. July 1,2002 - Work Session c. July 1,2002 - Regular Session 3. Resolutions a. RESOLUTION NO. 02-36 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD- COMPETITIVE BIDS AMOUNTING TO MORE THAN $15.000 DURING THE PERIOD OF AUGUST L 2002 TO SEPTEMBER 8. 2002. WHILE THE CITY COUNCIL IS IN RECESS. 4. Ordinances a. ORDINANCE NO. 6020 - AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT CENTERED ON THE LINE COMMON TO LOTS 7 AND 8. "COMMERCIAL PARK", FILE 73. SLIDE 503.' LANE COUNTY PLAT RECORDS AND THE 14' WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN INSTRUMENT NO. 82-06981. LANE COUNTY OREGON DEED RECORDS. IN THE CITY OF SPRINGFIELD, LANE COUNTY. OREGON. .5. Other Routine Matters Re.gular Meeting Minutes July 15,2002 Page 2 . a. Approve Endorsement of OLCC Liquor License Application for the Olympic Street Market, located at 1616 30th Street, Springfield, Oregon. b. Approve Endorsement ofOLCC Liquor License Application for Get-N-Go Grocery, located at 150 28th Street, Springfield, Oregon. c. Accept the Bid Award from Morse Bros., Inc. for Project P20291: East Lane 42nd Street Overlay, Highway 126 Overpass to Railroad Crossing, for the Street Overlay Improvement Project in the amount of$21,627.40. d. Accept the Bid Award from Eugene Sand and Gravel, Inc., for Project P20164: 11 th Street Improvements, From M Street to Olympic Street and vicinity, in the amount of$161,199.00. e. Approve the City Attorney Contract Renewal fora One-Year Period Effective, July 1,2002 to June 30, 2003, with the Law Firm of Harold, Leahy, and Kieran. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Annexation of Property Located at Sports Way and International Way, to the City of Springfield, Journal Number 2002-05-0140. . RESOLUTION NO. 02-37 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITED PROCESS. City Planner Susanna Julber presented the staff report on this issue. Council is being asked to conduct a public hearing on this item and consider approval of the resolution. The property owners ofthe subject territory, Northbank Property L.L.C., have requested annexation in order to develop property located at Assessor Map Number 17-03-15- 30, easterly portion of Tax Lot 201,800 Block ofInternational Way. The applicant wishes to develop the property to urban standards consistent with the standards of the Campus Industrial (CI) Zoning District. Because such urban uses are not permitted in the Urbanizable Fringe Overlay District, annexation is required to develop the property. The westerly 2.56 acre portion of Tax Lot 201 was annexed to the City effective July 1, 1998 (Boundary Commission File CSP 95-36), and was developed with the first phase of the Cascade Fabrications facility. Annexation of this 2.56 eastedy portion will bring the entire 5.25 acres of Tax Lot 201 into the Springfield City Limits. Article 6.030(2) ofthe Springfield Development Code requires that territories considered for annexation must be provided with "key urban facilities and services", as defined in Metro Plan Policy 8.a, Page II-B-4. Among these key urban services are water, sewer, storm water facilities, streets, electricity, parks, fIre/emergency services, schools, etc. Based on analysis of the site and available services, staff finds that key urban services are available to the site. Because the surrounding area is already fully developed to urban standards and can accommodate future development, staff found that an annexation agreement with the applicant was not necessary for this annexation to proceed. . The City Council is authorized by ORS 199.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed. There are no registered electors Regular Meeting Minutes July 15, 2002 Page 3 . currently residing within the territory proposed for annexation. The area proposed for annexation lies directly north of International Way, and is bounded by the City Limits to the east and west. With Council approval, this resolution will be forwarded to the Lane County Local Government Boundary Commission with a recommendation for approval using the expedited process. If a public hearing before the Boundary Commission is requested on the annexation, it will be held at the October 3, 2002 meeting. Councilor Simmons referenced a letter received from Mr. Kloos. 576 Olive Street, Suite 300, Eugene. This letter was faxed to the Mayor and Council on July 11,2002, and was provided to council members on July 11,2002 (agenda packet delivery envelopes). The letter was dated July 11, 2002, regarding Jo. No. 2002-05-0140, Northbank Properties Gateway Annexation, Map 17-03-15-3, Tax Lot 201 (portion),.request for council interpretation. City of Springfield Planning Staff provided the Mayor and Council with a copy ofa memo dated July 15,2002, in response to request for interpretation of appropriate uses in Campus Industrial from Bill Kloos, representing Eugene Moving and Storage. City Attorney Meg Kieran responded to a question/comment from Councilor Simmons. She said they responded to the letter from Mr. Kloos indicating they would not advise the council t() make a decision this evening regarding what use the Campus Industrial would allow. That would be an interpretation of our Development Code. Ms. Kieran. referenced the written procedure to follow for interpretation. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-37. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Bicycle Plan Amendment (City of Springfield). RESOLUTION NO. 02-38 - A RESOLUTION AMENDING THE SPRINGFIELD BICYCLE PLAN MAP AND TEXT TO ADD A 0.75 MILE MULTI-USE PATH ON THE WEST SIDE OF 42ND STREET. City Planner Colin Stephens presented the staff report on this issue. In response to Council direction, the Public Works department has initiated an amendment to the Springfield Bicycle Planto add a 0.75 mile long multi-use path along the west side of 42nd Street from Olympic Street to the railroad tracks adjacent to the Weyerhaeuser entrance. The City Council reviewed three alignment options in the Spring of 200 1 and selected this alternative as the preferred choice. The Planning Commission held a public hearing on July 2, 2002 and voted to forward an affirmative recommendation to the Council. The proposed multi-use path will provide a connection between the existing Olympic Street on-street bike lane and the existing 42nd Street on-street bike lane that terminates at the Weyerhaeuser entrance. Currently, cyclists traveling on 42nd Street along this corridor must use the 42nd Street vehicle lanes which present conflicts between cars and cyclists. The city is in the design stage for construction of a multi-use path on the east side of 42nd Street across the street from the multi-use path under consideration. This east side path will provide bicycle connectivity for northbound trips. Southbound cyclists, however, will have to cross 42nd Street twice, at Olympic Street and at the Weyerhaeuser entrance. This situation results in out-of-direction travel and discourages bicycle ridership. The proposed path will remedy this circumstance and create an integrated bicycle circulation system in this area. . The new path will cross portions oftwo properties. The larger property, the old mill pond site on the west side of 42nd Street, north ofthe railroad tracks has recently received subdivision approval. A public easement for the bike path and other public uses along the 42nd Street frontage will be dedicated to the City by the property owner in exchange for vacated City right-of-way located elsewhere on the site. The smaller property, located just south of Olympic Street is vacant. The path can be built in existing 42nd Street right-of-way along this section of frontage. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-38. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE City Attorney Meg Kieran announced that the record was closed for the West Eugene Parkway item. If testimony is received on this issue this evening, the council should consider only what is in the record when reaching a decision on this matter. Mayor Leiken opened Business from the Audience. 1. Todd Glenz, 2211 Beverly Street, testified in opposition of relocation ofthe traffic barricade at the end of LochavenIDon Streets. 2. Dave Smith, 1028 Lochaven spoke in opposition of moving the LochavenIDon Streets Barricade. 3. Kathy Reay, 936 Lochaven, spoke in opposition of moving the LochavenIDon barricade. She also discussed traffic flow issues. .4. Paul Stevens, 2266 Beverly Street, representing the residents of the Beverly/Lochaven community, shared comments regarding the barrier and said this issue should remain a closed subject. 5. Bill Kloos, PO Box 11906, Eugene, representing Northbank Properties, spoke regarding Public Hearing No.1, Annexation of Property Located at Sports Way and International Way, Resolution No. 02-37. Councilor Simmons said Mr. Kloos raised interesting issues in his letter. City Attorney Meg Kieran answered questions from council on this subject. Planning Supervisor Mel Oberst provided information and answered questions from council on this subject. Councilor Fitch said the Planning Commission (PC) has this issue on their work plan and the PC should study this Issue. Councilor Simmons asked if the timing of this issue / delay would be untimely for the business because of their relocation from another site. Larry Campbell, Campbell Commercial Real Estate, said they have a client that needs to be moved in by January. They can't wait for the stated process which may take months. He said January is a critical date/timeline. Councilor Simmons said we should work with the applicants in this process, which is in conformance with good management. The deferral through the planning process might be untimely. He was supportive oftaking some action, which recognizes the process, yet expedites the process in a way that allows them to get their business together in a way that is beneficial to both them and their client. Ms. Kieran said the City Attorney's office could speak with staff regarding some sort of expedited processing. That discussion has not yet occurred. . Regular Meeting Minutes July 15,2002 Page 5 . Mayor Leiken said council is scheduled for a summer recess, therefore, timing is critical. He hopes we can work with staff to expedite the process, if possible. He said he realizes that we are basing discussion this evening on a letter recently received. Mr. Oberst discussed Campus Industrial Zoning. He said a few of the businesses in the referenced area have located after the fact, and some businesses are transportation related businesses. He said this is a complex issue. What do we want to happen in our campus industrial area? He said they would like to have a more informed discussion with the Planning Commission. Mayor Leiken agreed with comments made by Mr. Oberst, although, noted that the client is working within a timeline. Mayor Leiken noted other businesses that have located in the referenced area. He respected the role of the PC and also noted this issue is critical as far as timing goes. Mr. Oberst provided information regarding "Campus Industrial" zoning. Mr. Oberst also referenced transportation related businesses that have located in this area as well as close proximity to I-5. He said this is a complex issue and more than a simple "interpretation." Ms. Kieran noted the importance of holding a public hearing on a matter such as this before council. She also noted that there is a 20- day public notice period. Mayor Leiken said he recognized the importance of the public hearing process, although, further discussion needs to occur with council leadership and other council members. Councilor Ralston said this is a technical issue and would not favor going outside the set process. Mike Kelly will provide council with a memorandum regarding possible options on this issue, via the council communication packet. . Councilor Lundberg said she did not want criteria determination to be made based on the clients deadline or the council recess schedule. This issue will take time to work out. She was not opposed to making an expedited decision, but not prepared to make a decision this evening. COUNCIL RESPONSE Councilor Lundberg responded to testimony regarding the diverter barricade issue in the Lochaven area. She said connectivity is a good thing, and diverters are not always a good solution. She said we need to have a standard policy that we don't do this anymore. She said we try to know what is going on in our neighborhood and the diverter does encourage a sense of neighborhood. Councilor Lundberg referenced the public meeting held this evening and said she was opposed to relocating the diverter. She noted that there are no sidewalks on portions of the street. Councilor Lundberg recommended that this item be tabled. Future council(s) may wish to do something different, at another time. She said no further action should be taken to relocate the diverter. Councilor Lundberg said residents are willing to work on solutions in the referenced neighborhood. Councilor Lundberg would support not taking any further action on this issue. Councilor Fitch said this is an important issue for neighborhood residents and supports tabling this issue. She did encourage resident involvement. She said there may be alternate solutions and, at some point, the problem will need to be resolved in some manner. . Councilor Ballew noted the importance of connectivity and these are public streets, not private streets. Councilor Simmons supported comments made by Councilor Lundberg. Regular Meeting Minutes July 15,2002 Page 6 . IT WAS MOVED BY COUNCILOR LUNDBERG, WITH A SECOND BY COUNCILOR FITCH, TO TABLE ANY ACTION REGARDING RELOCATION OF THE BARRIER AT LOCHA VEN/DON STREETS. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (RALSTON). CORRESPONDENCE AND PETITIONS BIDS ORDINANCES 1. Proposed Springfield Development Code Amendments. On July 1st the City Council opened the public hearing that was continued from May 6th. This was a first reading of the proposed ordinance. There was no oral testimony regarding the proposed SDC amendments. The City Council elected to keep the record open for 10 days for any additional testimony. As of July 12th no additional testimony has been submitted. The proposed ordinance includes minor revisions requested by Roxie Cuellar ofthe Lane County Home Builder's Association representing Jim Breeden. Councilor Simmons would be voting in opposition ofthis issue. He acknowledged the quality of staff work and clarified that this was not the reason for his no vote. It was due to the issue related to the water quality map process. There is specific content that he disagreed with. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT ORDINANCE NO. 6021. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (SIMMONS) 2. West Eugene Parkway and Associated TransPlan Amendments, and Exceptions to Statewide Planning Goals 3, 4, 11, and 14. . ORDINANCE NO. 6022 - AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA TRANSPORTATION PLAN (TRANS PLAN) TO INCLUDE THE ENTIRE WEST EUGENE PARKWAY WITHIN THE 20- YEAR FINANCIALLY CONSTRAINED ROADWAY PROJECT LIST AND TO MAKE RELATED AMENDMENTS: AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL Regular Meeting Minutes July 15,2002 Page 7 . . . PLAN (METRO PLAN) TO ADOPT EXCEPTIONS TO STATEWIDE PLANNING GOALS. 3. 4. 1 LAND 14; AND ADOPTING A SEVERABILITY CLAUSE. Planner Manager Greg Mott presented the staff report on this issue. The inclusion ofthe WEP on TransPlan's financially constrained project list was initiated by the Eugene City Council on November 28, 2001. The elected officials of Springfield, Eugene, Lane County, and the Lane Transit District Board must approve this proposal. Springfield, Eugene and Lane County elected officials must also approve associated amendments to TransPlan and exceptions to Statewide Planning Goals 3, 4, 11 and 14. Placing the entire WEPin the 20-year constrained list requires a $71 million adjustment in the project lists; including moving 5 roadway projects into the future list. Additionally, exceptions to Goal 3 Agricultural Lands, Goal 4 Forest Lands, Goal 11 Public Facilities and Services and Goal 14 Urbanization, are necessary to complete this proposal and are included in the Ordinance and findings. Mr. Mott said council will be taking action on a 2nd reading of the proposed ordinance, as well as a decision on this matter. Mr. Mott referenced the joint meeting held on May 29. Council has an option to approve, deny or modify. Staff recommendation, based on findings, is that council go forward with the proposed amendment to TransPlan, to the constrained list, to the goal exceptions in the Metro Plan, and that council action include/acknowledge replacement pages for findings and that they are identified both in the council Agenda Item Summary report and included in the motion that is printed on the agenda document. Mr. Mott said Jan Childs, City of Eugene, was present to answer any questions from council. It was noted that Lane Transit District will take action on this item on the July 17th. The Lane County Commissioners will take final action on July 31 st (tentative date). IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT ORDINANCE NO. 6022, AMENDING TRANS PLAN AND AMENDING THE METROPOLITAN AREA GENERAL PLAN BY TAKING EXCEPTIONS TO STATEW~DE PLANNING GOALS 3, 4, 11, AND 14, ADOPTING EXHIBIT A REPLACEMENT PAGES 1-4,6, 7, AND 50 AND EXHIBIT C, FINDINGS. Councilor Simmons stated he will vote against this ordinance. He said he believes funding used (land and water money) for purchase ofthe wetland, where the routing is proposed, and having no affirmative response from Bureau of Land Management on this issue, he believes the routing through that wetland area is inconsistent with sound public policy and he will vote against this item. Councilor Lundberg acknowledged comments made by Councilor Simmons and recognized that a similar situation occurred when the Riverbend School was built and briefly discussed this issue. Councilor Simmons acknowledged the environmental objections that were presented during the hearing and referenced the Land and Water Act. Councilor Ballew said this is not just a Eugene issue, it is more of a regional issue. She said it is the right thing to support this proposal. Councilor Ralston expressed opposition to this is.sue and shared reasons he would not support the issue. He discussed the democratic process, public policy, and land-use exceptions, etc. He said there are many environmental issues at hand, and much public funding spent on wetland mitigation. He is concerned about where the money is coming from. He said there could be other options that are less of an environmental impact on the area. Regular Meeting Minutes July 15, 2002 Page 8 . Councilor Fitch will support this and believes this is a regional transportation issue. Mayor Leiken recognized that West Lane County will benefit from this proposal. THE MOTION PASSED WITH A VOTE OF 3 FOR AND 2 AGAINST (SIMMONS AND RALSTON). BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports 1. Councilor Fitch reported that both she and Councilor Lundberg attended the Central American Latino 30 year celebration. 2. Councilor Lundberg referenced an article published in the paper today regarding 1-5 Beltline. She did tell the residents of that area that she would speak on behalf of the process we have in place for 1-5 Beltline decision . team and when we go forth for funding and when we don't. She said she is happy to wait for funding opportunities as appropriate. She recognized the process in place, and is confident and expecting we will have an environmental assessment as soon as possible, and hopefully; everyone can live with it. The Stakeholder working group is scheduled to meet August 6. . Mayor Leiken was in agreement with comments made by Councilor Lundberg. He said moving forward is the right thing. Transportation Manager Nick Arnis answered questions from Mayor Leiken. 3. Councilor Fitch reported on the American Public Transportation Association. She discussed the downtown station and the desire of the council to have mixed use development in that area. 4. Councilor Simmons briefly commented on issues raised by Dave Rodriguez regarding silt in the river from the Cougar project. He reported on work related to this issue as well as efforts by the Watershed Council. He discussed potential long term impacts on the eco system. 5. Mayor Leiken thanked Councilor Ballew for attending the MPC meeting. Councilor Ballew reported that the group voted to include a representative/member from ODOT for membership. That representative will be designated by the Director of ODOT. This action was taken to address the fact that Lane County does not have an ACT for transportation funding issues. b. Other Business 1. Arts Commission Term Expiration Dates. . Barbara Thompson was available to answer questions from council. Council is being asked to consider changing the Arts Commission by-laws to allow a change of term lengths. Change the expiration dates of the terms of the Arts Commission members Nada Zawodny and John Keskinen from December 31, 2005 to December 31,2004. Change the expiration date of member Judy Macomber's term to expire December 31, 2007. Regular Meeting Minutes July 15,2002 Page 9 . As it stands, the Commission will have six members' terms expire on the same date, December 31, 2005. If that happens, recruitment will be challenging and the commission will lose experience and continuity. As defined in the bi-laws, the terms for Arts Commission member are four-years. Members are eligible to re- apply for one additional four year term. Council recently renewed five Arts Commission members' terms, all with the same expiration date of 12/31/05. On that date, a total of six terms will expire. Three members will not be eligible to re-apply, and . three will have the choice to re-apply or not. The city could be attempting to recruit for six positions on a nine member board. The Arts Commission recommends that the term lengths of three members' terms be changed. The revisions would alter the expiration dates of Judy Macomber, Nada Zawodny and John Keskinen. They each selected either a longer or shorter term. Two members chose a shorter term, one chose a longer term. The changes will assure that no more than three members' terms will expire in any given year. The by-laws revision is necessary to allow for the change in term lengths. Staff brought this to council as an issue paper in the communication packet of June 6, 2002, and has received no comment. . BUSINESS FROM THE CITY MANAGER IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO APPROVE THE ARTS COMMISSION BY-LAWS CHANGE OF TERM LENGTHS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Property Insurance Renewal. Risk Manager Craig Gibons presented the staff report on this issue. Staff is requesting that council authorize the Mayor to renew the City's property insurance with Northland Insurance Company. Pending staff analysis of alternatives, the City's property insurance policy needs to be renewed, effective July 1,2002. As part of the general economic uncertainty following the events of September 11, 2001, the insurance industry has raised premiums in most insurance lines. The city of Springfield insures $44 million worth of property. The premium for this coverage (including a $1,000 per claim deductible for most claims) was $53,122 in FYOI-02. The renewal premium for FY02-03 is $91,824. This increase is about $34,000 over the renewal budget and will be funded by withdrawing that amount from the insurance reserve. The Council Briefing Memorandum presents some alternatives for reducing this premium, but the only substantial and long term reduction will be self-insurance. The memo recommends two actions: 1. Renew the policies for now. 2. Take time for a deliberate analysis of self-insurance options for possible implementation mid-year. . The City's liability insurance will renew on August 1 and we are anticipating similar increases. This would also be part of a well-thought out self-insurance analysis. Regular.W"eeting Minutes July 15, 2002 Page 10 . Mayor Leiken referenced Homeland Security and wondered if future funding might be available through the Homeland Security budget, as appropriate. Councilor Ballew discussed insurance policy cost increases. She noted impacts resulting from the September 11 tragedy. She also discussed insurance company profit margins. .. Councilor Simmons suggested that staff follow-up on potential liability issue regarding vicious dogs. If the Police Department issues a quarantine notice for a '(icious dog, and the city does not follow-up within 10 days, what are liability issues if someone is injured during that 10 day period. Councilor Fitch shared information regarding insurance premium increases and cost impact to insurance companies. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO AUTHORIZE THE MAYOR TO RENEW THE CITY'S PROPERTY INSURANCE WITH NORTHLAND INSURANCE COMPANY AND TO PROCEED WITH OPTION FOUR. 'THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Other Business. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT . The meeting was adjourned at 8: 16 p.m. Minutes Recorder - Julie Wilson ~ ce~ Kim Krebs City Recorder .