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Council Meeting
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Tuesday, May 31, 2022 at 4:00 PM
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 31,
2022, at 4:00 PM, in the Council Chambers/Zoom App, with the following members present:
PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Lori Lococo,
Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne
Thomson (Chambers)
COUNCIL Councillor Wayne Campbell, Councillor Carolynn loannoni
ABSENT:
STAFF Jason Burgess, Bill Matson, Nidhi Punyarthi, Kira Dolch, Erik Nickel
PRESENT: (Chambers)
Alexa Cooper, Andrew Bryce (In Chambers for Planning matters).
Carla Stout, Jonathan Leavens, Kathy Moldenhauer, Serge Felicetti, Jo
Zambito, Trent Dark (attending via Zoom App).
1. CALL TO ORDER
The Open Council meeting was called to order at 4:10 PM.
O Canada: Performed by: Sandy Bird (in person)
Land Acknowledgement and Traditional Indigenous Meeting Opening
2. ADOPTION OF MINUTES
2.1. Council Minutes of May 10, 2022
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council approve the minutes of the May 10, 2022 meeting as presented.
Carried Unanimously
3. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Lori Lococo declared a conflict of interest to the following items due
to her spouse's former employer being the Downtown BIA:
• Item #7.1 - Fee Waiver Report - Downtown BIA application only.
• By-law #2022-59 - Parking on Queen Street.
b) Councillor Victor Pietrangelo declared a conflict of interest to a new business
item that was discussed regarding a thank you letter being sent to the
provincial government about the hospital.
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c) Councillor Vince Kerrio declared a conflict of interest to the following items on
the agenda:
• Item #11.1 - Victor Centre BIA - as he is a property owner.
• Item #11.2 - AM -2021-019 - Redevelopment - neighbour
• By-law 2022-62 and Bylaw -2022-63 - Embassy Suites planning - own
property beside it.
d) Councillor Wayne Thomson declared a conflict of interest to by -laws -2022-62 -
2022-68.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Lynn Poole, retired City Staff Member.
• Mary Ann Thompson, former staff in our Clerk's Office.
• Marzena Parniak, mother of Michael Parniak in our Municipal Works
Department.
• Andrew Paterson, father of Sam Paterson, from our Procurement
Department.
• Gary Krause, brother of Rita Pullia in our Payroll Department.
• Orlando Garofolo, retired City of Niagara Falls staff member.
b) Mayor Diodati mentioned the following events:
Key to the City – Howie Mandel
• Absolute honour to present & was for Howie to receive
• Told story of how he vacationed in NF on weekends with his family
• Makes millions laugh & NF makes millions happy
• Great ambassador—humour, smiles, bringing people together
• National Public Works Week
• Thank you to our City Staff in Public Works
• Sometimes a thankless job
• Held a BBQ to thank them for their service
Croatia Statehood Day - Flag Raising
• Also attended by Councillor Thomson
Pride -Progress Flag Raising
• Also attended by Councillor Lococo and Councillor loannoni
City Council Representatives
Grand Opening PenFinancial Credit
Union
Councillor Dabrowski
Spark Open House and Pitch Competiion
Councillor Strange
Sunrise Rotary Tree Planting
Councillor Strange
Retirement Celebration for Gwen
D'Onfrio
Councillor Pietrangelo
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Niagara Regional Police Dedication for
Constable Joan VanBreda
Councillor Dabrowski
FACS LemonAID Twist
Councillor Strange
Diversity in Curling Symposium with
Canadian Curling Champion Kerri
Einarson
Councillor Pietrangelo
Grand Openings/ Business Happenings ['photos for each onel
• Taku Sushi & Ramen
• Stacked Pancake House
o Councillors Strange, Thomson
• Oyster Fest - Tide and Vine
o Councillor Thomson
c) The next Council meeting is scheduled for Tuesday, June 21st, 2022.
5. DEPUTATIONS / PRESENTATIONS
5.1. Accessibility Advisory Committee - Honouring Mr. Ian Greaves and
Proclamation Request
Bob Romanuk, Niagara Falls Accessibility Advisory Committee Chair,
recognized Mr. Ian Greaves, long serving member (25 years) of the committee,
whom has recently passed.
Further, Mr. Romanuk is seeking approval from Council to proclaim the week of
May 29th to June 4th, 2022 as "National Access Awareness Week" in the City
of Niagara Falls.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That City of Niagara Falls' Council approve the request to proclaim the week of
May 29th to June 4th, 2022 as "National Access Awareness Week" in the City
of Niagara Falls and that the official flag and logo of the Mayor's Accessibility
Committee be raised during this week at the front of City Hall; furthermore, that
staff be directed to meet with the committee to discuss an appropriate place on
trail to plant a tree in honour of Mr. Ian Greaves.
Carried Unanimously
5.2. Park in the City Presentation - 50 by 30 Niagara Climate Action Team
Herb Sawatsky, who represents the 50 by 30 Niagara Climate Action Team
made a brief presentation to Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
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That Council receive the presentation from Herb Sawatzky and for staff to
report back on any follow-up stemming from the Park in the City presentation
and to include this information into the Climate Adaptation program.
Carried Unanimously
5.3. 2022 Hockey Canada Foundation Gala & Golf
Larry Landon, Chair of the 2022 Hockey Canada Foundation Gala and Golf
event, spoke to Council to promote the upcoming event being hosted in
Niagara Falls on Thursday, June 23rd and Friday, June 24, 2022.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
That Council donate $5000.00 to our local Minor Hockey Association, which
will be used to purchase a table for 10 people to attend and experience the
Hockey Canada Foundation Gala event on Thursday, June 23, 2022;
furthermore, that Council extend the challenge to encourage other Local Area
Municipalities (LAMs) to consider making a donation and to further promote the
event through the City's website.
Carried (Councillor Lococo was opposed to the vote).
6. PLANNING MATTERS
6.1. PBD -
PBD -2022-42
AM -2022-006, 26CD-11-2022-001, 26CD-11-2022-002, and 26CD-11-2022-
003
Zoning By-law Amendment, Phased Standard Plan of Condominium, and
Standard Plan of Condominiums
6705 Cropp Street, 4735, and 4737 Pettit Avenue
Applicant: Winzen Niagara Homes Ltd. (Raymond Zenkovich)
Agent: Upper Canada Consultants (William Heikoop)
The Public meeting commenced at 5:33 PM.
Alexa Cooper, Planner 2, gave an overview of the background report PBD -
2022 -42.
There were no members of the public wishing to speak to this report.
Matt Kernahan, acting as the Agent, from Upper Canada Consultants was
available for questions.
The Public meeting was closed at 5:42 PM.
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
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1. That Council approve the Zoning By-law amendment application to
rezone the land to three separate site-specific Residential Apartment 5D
(R5D) zones to facilitate the three standard plans of condominium (two
standard and one phased), subject to the regulations outlined in this
report;
2. That the Standard Plan of Condominiums be draft approved subject to
the conditions in Appendix A;
3. That the Mayor or designate be authorized to sign the draft plan as
"approved" 20 days after notice of Council's decision has been given as
required by the Planning Act, provided no appeals of the decision have
been lodged;
4. That draft approval be given for three years, after which approval will
lapse unless an extension is requested by the developer and granted by
Council; and,
5. That the Mayor and City Clerk be authorized to execute the three
Condominium Agreements and any required documents to allow for the
future registration of the three condominiums when all matters are
addressed to the satisfaction of the City Solicitor.
Carried Unanimously
7 REPORTS
7.1. CLK-
CLK-2022-11
Fee Waiver Applications -
-Downtown Board of Management - Heart Niagara Picnic on Q
-Project Share - Tow Your Weight
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
That Council approve the Fee Waiver Application for:
1)Downtown Board of Management - Heart Niagara Picnic on Q - in the
amount of $242.67 for the waiving of the road closure costs (staff and
equipment).
2) Project Share - Tow your Weight for Project Share - in the amount of
$237.09 for the waiving of the floor rental at the Gale Centre.
3) That Council acknowledge the out of budget expenditure (if approved, the
fee waiver budget would be over -budget by $12,732.81) and to have Staff find
a positive variance to help fund this budgetary overrun.
Carried Unanimously (Councillor Lococo declared a conflict to the
Downtown Board of Management Request - #1).
7.2. F-
F -2022-26
Corporation of the City of Niagara Falls, Ontario — Trust Funds
Financial Statements December 31, 2020
Moved by Councillor Vince Kerrio
Seconded by Councillor Chris Dabrowski
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That Council approve the draft trust funds financial statements for the year
ended, December 31, 2020, the 2020 draft post -audit letter and the 2020 draft
management letter.
Carried Unanimously
7.3. MW -
MW -2022-26
Fern Park Trail and Corwin Park Trail Development 2022-507-20
Contract Award
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. That Council award the Fern Park Trail and Corwin Park Trail
Development 2022-507-20 to the lowest compliant bidder, D&R
Landscape Group Inc. for $314,606.75 + HST.
2. That Council approve a 2022 capital budget amendment for the Fern
Park Trail Development Project (P112) in the amount of $50,000, to be
funded by the Parks Development Charges Reserve.
3. That the Mayor and Clerk be authorized to execute the necessary
document.
Carried Unanimously
7.4. MW -
MW -2022-29
Direct Vendor Fleet Negotiations
Moved by Councillor Wayne Thomson
Seconded by Councillor Vince Kerrio
1. That Council direct the Manager of Fleet Operations and Manager of
Procurement to negotiate directly with local vendors for fleet purchases
described in this report; and further,
2. That until December 31, 2022, Council delegate the authority to the CAO to
approve such purchases to secure the required vehicles/equipment.
Carried Unanimously
8. CONSENT AGENDA
8.1. CLK-
CLK-2022-12
Updates to Council's Code of Conduct
Moved by Councillor Vince Kerrio
Seconded by Councillor Victor Pietrangelo
That Council receive this report for information and formally direct staff to
update the City's Code of Conduct to reflect the information contained in this
report.
Carried (Councillor Lococo was opposed to the vote).
Page 6 of 13
8.2. F-
F -2022-27
Monthly Tax Receivables Report - April
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
8.3. MW -
MW -2022-27
Ascot Circle - Parking Control Review
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
1. That the existing No Parking restriction on the north side of Ascot Circle
between a point 125 metres west of Sabine Drive (East Intersection)
and a point 45 metres west of Sabine Drive (East Intersection) be
extended easterly by 140 metres;
2. That a No Parking restriction be established on the south side of Ascot
Circle between a point 18 metres west of Secretariat Court and a point
15 metres east of Secretariat Court; and,
3. That a No Parking restriction be established on the south side of Ascot
Circle between a point 13 metres west of Sabine Drive (East
Intersection) and a point 18 metres east of Sabine Drive (East
Intersection).
Carried Unanimously
8.4. MW -
MW -2022-28
Drummond Road between Thorold Stone Road & Cherrywood Street —
Cycling Lanes
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
1. That the onstreet bicycle lane on the west side of Drummond Road
between Thorold Stone Road and Cherrywood Road be designated for
cyclist use only;
2. That the onstreet bicycle lane on the east side of Drummond Road
between Gallinger Street and Cherrywood Road be designated for
cyclist use only;
3. That a No Parking restriction be established on the east side of
Drummond Road between a point 40 metres south of Crawford Street
and a point 21 metres north of Cherrywood Road;
4. That No Standing restrictions be established at transit stops on both
sides of Drummond Road between Sheldon Street and Cherrywood
Road; and,
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5. That Council pass the amending by-law on tonight's agenda.
Carried Unanimously
8.5. MW -
MW -2022-30
Single Source Procurement - Contract 2022-517-20 Reixinger New
Watermain and QEW Crossing (Stanley Avenue to Montrose Road)
Construction Services
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council AUTHORIZE staff to award a professional construction services
administration contract to Associated Engineering Ltd. in the amount of
$346,242 plus applicable taxes in support of the construction of a redundant
watermain feed for the development of the New South Niagara Hospital.
Carried Unanimously
8.6. PBD -
PBD -2022-41
26CD-11-2019-003, Extension of Vacant Plan of Condominium
6894 Garner Road
Applicant: Kingsway Developments (6894 Garner) Inc.
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council grant a 1 -year extension to draft plan approval of the Plan of
Vacant Land Condominium ending October 22, 2023.
Carried Unanimously
8.7. CLK-
CLK-2022-10
Implementation of Building Drawings Disclosure Policy
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
THAT City of Niagara Falls Council approve the attached Building Drawings
Disclosure Policy, andTHAT Council receive report CLK 2022-10 for
information.
Carried Unanimously
9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
9.1 Noise By-law Exemption - Gujatari Society Niagara Inc. - Outdoor Concert
The Gujatari Society Niagara Inc, is hosting an outdoor concert on Saturday,
July 16, 2022 at Firemen's Park and is requesting a noise by-law exemption to
allow the band to play until 10:30 PM.
9.2. Proclamation Request - 230th Anniversary - Black Loyalist exodus
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A letter to the Mayor and Council is attached requesting the City of Niagara
Falls to acknowledge the 230th Anniversary of the remarkable Black Loyalist
exodus from Halifax to Freetown.
9.3. Proclamation Request - "Never Give Up Day" - Thursday, August 18, 2022
Attached is a request to proclaim Thursday, August 18, 2022, as "Never Give
Up Day" and invite the citizens to make this day a springboard for awareness -
raising actions.
Never Give Up Day is a global celebration day focused on cultivating a mindset
of determination.
9.4. Memo - Seniors Advisory Committee - Terms of Reference
The Committee has reviewed the terms of reference and has made some
recommendations for the new term.
9.5. Correspondence from United Way - Niagara - Period Poverty Advocacy
Brief
United Way is releasing a Period Poverty Advocacy Brief across Niagara to all
levels of government, local businesses and organizations. These advocacy
efforts are intended to encourage the implementation of policies to ensure that
free, equitable access to period products is available in facilities across the
community.
Direction to staff: To have staff follow up to provide an update as to which city
facilities have products available.
9.6. Noise By-law Exemption and Request to Waive licensing requirements -
Niagara Falls Queen Street Latin Festival
The event organizers are requesting a noise by-law exemption and approval to
waive the licensing requirements for an upcoming event being held on
Saturday, July 23, 2022 and Sunday, July 25, 2022 from 11 AM to 11 PM on
Queen Street, between Crysler Avenue and Buckley Avenue. Council is also
asked to declare the festival an "Event of Municipal Significance" in order to
assist with obtaining permits from the AGCO.
9.7. Memo - Transportation
The attached memo deals with the free transit request for June 22nd, 2022 and
the alternate transit routing criteria.
RECOMMENDATION: For Council's Consideration.
9.8. Noise By-law Exemption - St. George Serbian Orthodox Church
St. George Serbian Orthodox Church is requesting an exemption to the City's
Noise By-law to be extended to 11:00 PM on the dates specified in attached
letter.
9.9. Clifton Hill BIA - 2022 Budget Request
Attached is Clifton Hill BIA's budget request for 2022.
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
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That Council approve/support Item #9.1 to and including Item #9.9.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Development Charges - Niagara Region
A letter from "Landscape Ontario" is attached regarding the concerns related to
development charges at the region.
Moved by Councillor Lori Lococo
Seconded by Councillor Vince Kerrio
That Council refer this letter from "Landscape Ontario Horticultural Trades
Association" to staff, for further comments and feedback.
Carried Unanimously
10.2. Resolution - City of Brantford - Letter to FCM and AMO Release of all
Federal and Provincial Documents
Attached is a decision of Brantford Special City Council from its meeting held
on May 17, 2022.
10.3. Niagara Regional Council Motion - Voluntary Russian Sanction
Attached is a motion from the Niagara Region regarding a Voluntary Russian
Sanction Request.
10.4. Memo - Response to Council New Business Motion - Environmental
Concerns
Attached is a memorandum from Municipal Works along with attachments from
the Regional Council Agenda, to respond to the new business item 16. c) from
the May 10, 2022 agenda.
Direction to Staff: Councillor Lococo to provide Erik Nickel with a more
detailed list of concerns relating to this issue and Erik to compile this
information and forward to the Region.
Moved by Councillor Vince Kerrio
Seconded by Councillor Victor Pietrangelo
That Council receive and file for information Item #10.2 through to and
including Item #10.4.
Carried Unanimously
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Victoria Centre BIA - Request to enforce by-law - Keeping City sidewalks
clear
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The VCBIA is asking the city to instruct the by law officers to enforce the bylaw
that requires business owners to keep city property clear of any furniture that is
not owned by the city for the safe passing of pedestrians.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council refer to staff this matter regarding the Victoria Centre BIA and the
request to enforce the by-law to keep the sidewalks clear.
Carried Unanimously (Councillor Vince Kerrio declared a conflict).
11.2. AM -2021-019
5613, 5631-5633 Victoria Avenue
Planning Letter Regarding Parking Ratio for Walnut & Victoria
Redevelopment
Attached is a letter dated May 25, 2022 from Rocky Vacca, Sullivan Mahoney
LLP.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That Council refer to staff the letter from Sullivan Mahoney, relating to AM -
2021 -019, 5613, 5631-5633 Victoria Avenue.
Carried Unanimously (Councillor Vince Kerrio declared a conflict).
12. NOTICE OF MOTION/NEW BUSINESS
a) AirBNB
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
That Council direct staff to further investigate the AirBNB enforcement.
Carried Unanimously
b) Fireworks in Niagara Falls - 144 Consecutive nights
Direction to Staff: for Staff to forward along residents' comments to the various
stakeholders involved in the daily fireworks display.
c) Streets -sweeping in Niagara Falls
Erik Nickel, Director of Municipal Works, updated Council with the City's plan to
streets -sweep starting June 1st for a one week blitz.
d) 2021 Attendance Report - Council Meetings
Direction to Staff: that staff bring a report back to Council that includes the
attendance of Council Members for 2021.
e) Niagara Falls Memorial Arena - by-law enforcement
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Councillor Dabrowski reported the poor condition of the property surrounding
the Niagara Falls Memorial Arena mentioning the spray -painted graffiti and
overgrown grass that currently exists.
Direction to staff - Jason Burgess, CAO, to pass along this concern to by-law
enforcement to ensure proper attention to this property.
f) Downtown Security Cameras
Councillor Pietrangelo discussed the matter of the downtown security cameras.
g)
Direction to staff: Erik Nickel to follow-up with the Niagara Regional Police to
determine if the NRP will agree to be in the care and control of the cameras.
Letter of thanks to Provincial Government - commitment to Niagara Falls
hospital.
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That Council direct staff to forward a letter of gratitude to the provincial
government recognizing their continuous support and commitment of the
hospital building process in the City of Niagara Falls.
Carried Unanimously (Councillor Pietrangelo declared a conflict).
13. BY-LAWS
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
57. and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Standing
Prohibited, Designated Lanes)
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
58. and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Stopping
Prohibited)
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
59. and traffic on City Roads. (Metered Parking Queen St. BIA & Limited Parking)
2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
60. and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Stopping
Prohibited, Designated Lanes)
2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for two 4
61. storey apartment dwellings, containing a total of 40 units (AM -2021-005).
2022- A by-law to provide for the adoption of Amendment No. 143 to the City of
62. Niagara Falls Official Plan (AM -2021-023).
2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for an
63. existing office building and a satellite parking lot for four tourist commercial
properties (AM -2021-023).
2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 8 on -
64. street and 22 block townhouse dwellings (AM -2021-024).
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2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 4
65. semi-detached dwellings units and 15 townhouse dwelling units (AM -2021-
027).
2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 5
66. townhouse dwelling units (AM -2021-028).
2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 3
67. storey, 25 unit apartment dwelling (AM -2021-029).
2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 4
68. storey place of worship subject to the removal of the holding (H) symbol and
By-law Nos. 2016-053 and 2020-045 are rescinded for the subject Lands (AM -
2021 -030).
2022- A by-law to adopt, ratify and confirm the actions of City Council at its meeting
69. held on the 31st day of May, 2022.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That the by-laws be read a first, second and third time and passed.
Carried Unanimously (Councillor Lococo declared a conflict to by-law
2022-59; Councillor Thomson declared a conflict to by-laws 2022-62 -
2022-68 and Councillor Kerrio declared a conflict to by-law 2022-62 and
2022-63).
14. ADJOURNMENT
a) Adjournment
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Thomson
That Council adjourn the meeting at 6:51 PM.
Carried Unanimously
City Clerk
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