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Date: 4/21/2008Board: City CommissionDocumentType: MinutesWeb Posted: 5/12/2008 1:17:50 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 21, 2008 AT 6:30 P. M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, April 21, 2008 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.

Chuck Mills
Mayor

Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

ABSENT:

INVOCATION REV. BRYAN COOK
HOPEWELL BAPTIST CHURCH

FLAG SALUTE Mayor Chuck Mills


AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Agenda. Motion carried 7-0.

AYE: Peterson, O’Neal, Mills, Collier, Holt, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item
No. 19.

b. Minutes from the April 7, April 8, April 14, and April 15, 2008 meetings.

c. Budget Amendment General Fund 001

d. Budget Amendment SMA Fund 501

e. Budget Amendment in Capital Improvement Fund 301

f. Transfer of Budget between Departments SMA Fund 501

g. Acknowledge the following reports and minutes:

• Sales Tax Collections Report through April 2008.
• Shawnee Urban Renewal Authority minutes from March 4, 2008 and April 8, 2008.
• Beautification Committee minutes from March 3, 2008
• Airport Advisory Board minutes from February 20, 2008, March 5, 2008, and March 26, 2008.

h. Approve application for normal retirement for Sandra Ehrle from the Oklahoma Municipal Retirement Fund.

i. Acknowledge Pottawatomie County Election Board Certification of Special Election results from April 1, 2008 election.

j. Approve City Manager’s re-appointment of Neva Treiber as Finance Director.

k. Approve agreement with the Town of McLoud for Animal Welfare Facility from date accepted to the 30th day of June, 2009.

l. Approve airport lease agreement with the YMCA – Youth Summer Outdoor Recreation Program.

m. Approve contract amendment with LBR for Shawnee Regional Airport terminal building design.

n. Authorize Fire Department staff to advertise for bids on an Air Cascade System budgeted out of the current year.

o. Authorize staff to advertise for bids on the Rehab Asphalt Streets Project Contract No. COS-PW-07-07.

p. Authorize staff to advertise for bids on the Rehab Concrete Streets Project Contract No. COS-PW-07-08.

q. Authorize Perry McAlister and Brett Johnson, Street Department, to attend the TYMCO Street Sweeper Training School in Waco, TX from May 5 – 8, 2008.

r. Mayor’s appointment of Mr. Joe Ford to replace Dr. David Hadley on the Planning Commission, term to expire 6/01/11.

s. Lakesite Lease Transfer:
Deferred from April 7 meeting
• Lot 7, Belcher Tract, 15513 Nickens Road
To: C. McQuitty and D. McQuitty
From: F. Collins

t. Approve recommendations and agreements from Contract Review Committee:

1. Senior Citizens of Shawnee, Inc.
2. Central Oklahoma Transportation System
3. Youth Men’s Christian Association (YMCA)
4. Downtown Shawnee Inc

Before voting on the Consent Agenda, Commissioner Schrzan requested that Consent Agenda Item 2(j) be pulled for separate consideration. City Manager Jim Collard requested Consent Agenda Item No. 2(q) and (t) 2 be considered as well.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve Consent Agenda Item No. 2(a)-(t), less (j), (q), and (t) 2, as presented.
Motion carried 7-0.

AYE: Peterson, Schrzan, O’Neal, Mills, Collier, Holt, Stephens
NAY: None

Under Consent Agenda Item No. 2(j), regarding the re-appointment of Neva Treiber, Commissioner Schrzan asked whether the $20,000 approved at the April 7th meeting for Crawford and Associates accounting services would still be needed since Ms. Treiber has returned to her job. City Manager Jim Collard replied that he did not expect the entire amount to be used. Ms. Treiber stated that she intends to only work 40 hours per week, therefore, additional accounting help may be necessary from time to time. A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to accept City Manager’s re-appointment of Neva Treiber as Finance Director. Motion carried 7-0.

AYE: Schrzan, O’Neal, Mills, Collier, Peterson, Holt, Stephens
NAY: None

Under Consent Agenda Item No. 2(q), regarding approving travel for Perry McAlister and Brett Johnson, Street Department, to attend the TYMCO Street Sweeper Training School in Waco, TX, the dates should be changed to May 20-21, 2008.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the requested out-of-state travel, and amending the dates to May 20-21, 2008. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None

Regarding Dr. Collard’s request to pull Consent Agenda Item No. 2 (t) 2, it was noted that an additional paragraph was needed allowing the City of Shawnee to utilize the transportation buses in an emergency situation. City Attorney John Canavan will make the requested change and deliver to the City Clerk. A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the agreement with Central Oklahoma Transportation System with the noted addition. Motion carried 7-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Collier, Holt
NAY: None

AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Under Citizens Participation, many concerned citizens spoke regarding the proposed site for a treatment facility for sex offenders. It is currently planned for 1401 E. Highland. Among those speaking in protest of the facilities location were: Joanne Jones, Faith Jacoway, Peggy Tatum, Gregory Gregg, Sr., Lillie Peters, Corrine Weilmuenster, Sherrie Parsons, Nancy Johnson, Reggie Neal and Kaci Vasquez.
Dr. Collard addressed the group and explained that a building permit has been issued to the applicant, Holly Chandler, but an occupancy permit has not. He also stated that he has spoken with Ms. Chandler who has indicated that she will place the building for sale and will try to find an alternate location.
State Representative Kris Steele also spoke stating that it’s the government’s responsibility to protect residents and ensure their safety and security.
Dr. Collard and the residents who still wanted to discuss this item met in the lobby to continue the discussion.

Also appearing before the Commission were Soccer Association members Chris Low, Eric West, Chris Crain and Scott Warren. They requested the Commission keep an open mind when considering other opportunities for youth sports. Scott Nelson spoke regarding Shawnee Youth Baseball and encouraged commissioners to appropriate money for youth sports.

AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentations:

“Nancy Sue (Porter) Bodard Day”
April 22, 2008
(accepted by Nancy Bodard)

“Earth Day”
April 22, 2008
(accepted by Cody Deem)

“Youth in Aviation Day”
May 3, 2008
(accepted by Bill Beck)
Youth in Aviation Day Proclamation was not available for the Commission meeting, but will be provided to Mr. Beck at a later date.

Presentation of Certificate of Appreciation to Rev. Bryan Cook for offering the invocation at City Commission meeting.

Mayor Mills presented a Certificate of Appreciation to Rev. Bryan Cook for offering the invocation at the City Commission meeting. Rev. Cook was present to accept.

Presentation of resolution of appreciation to Sandy Ehrle for 20 years of service to the City of Shawnee.

Resolution No. was introduced and read aloud.

RESOLUTION NO. 6327 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO SANDRA EHRLE FOR OVER 20 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO SANDRA EHRLE.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, that the Title and Resolution No. 6327 be approved. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None

Thereupon Mayor Mills declared Resolution No. 6327 duly passed and adopted. Ms. Ehrle was not present to accept.

AGENDA ITEM NO. 5: Vice-Mayor’s Proclamation and Presentation:

“Mills Machine Company’s 100th Anniversary”
April 25, 2008
(accepted by Chuck Mills)


AGENDA ITEM NO. 6: Discuss and consider proposal for Veterans’ Memorial at Woodland/Veterans’ Park.

Mr. Tom Smith gave an update regarding the progress of the Veterans’ memorial. He stated that the next step would be to bid out the project. The City’s participation with the project will include the removal of some trees and to provide water and electricity to the site. It was noted by Mr. Smith that trees will be replanted to replace those removed. Mr. Joe Freeman, a veteran, stated that the primary source of funding would come from the bricks that will be sold for $50 or $150 each, depending upon size. A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve the plan, dedicate land, and to provide electricity and water for Veteran’s Memorial at Woodland/Veterans’ Park. Motion carried 7-0.

AYE: Schrzan, Collier, Peterson, Holt, Stephens, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 7: Discuss and consider alternate plans for sports complex.

Mayor Mills outlined a plan for a proposed sports complex located on land on Kickapoo Street, north of Shawnee Mall. Mayor Mills has had several conversations with Grant Dockery, the owner of the property, who has agreed to sell 76 acres to the City for $125,000. Fifty-one acres of this property, which lies within the flood plain, would be used for youth soccer fields and full sized soccer fields for Shawnee High School soccer teams. The remaining 25 acres, outside the floodplain area, would be used for baseball fields and concession stands. Mayor Mills indicated the first step would be to purchase the land and then decisions could be made regarding field placement.
Commissioner Stephens suggested staff identify the user groups and to discuss management and responsibilities with them.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to direct staff to obtain an appraisal on the property and to set meetings with the potential user groups. Motion carried 7-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Collier, Holt
NAY: None

CITY COMMISSION RECESSED AT 8:40 P.M. FOR A TEN MINUTE BREAK

CITY COMMISSION RECONVENED AT 8:50 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 8: Discuss and consider acceptance of the Audited Financial Statements for the year ended June 30, 2007, as presented by Murrell, Hall, McIntosh and Company, PLLP, Certified Public Accountants.

Vanessa Mushrim of Murrell, Hall, McIntosh & Co., PLLP, presented the final audit report for the year ended June 30, 2007. It was noted in the audit that the City’s total net assets increased by $2.8 million and the City’s assets continue to exceed its liabilities by $60.6 million dollars.
No material weaknesses were discovered, however deficiencies were noted in the City’s Procurement Policy as follows:

1. No bids or documentation of bids were maintained in the files;
2. Less than three bids were obtained;
3. Competitive bid documentation could not be located; and
4. Only verbal quotes were obtained for purchases

The City has implemented internal controls over issuing and approving purchase orders. Further, an ordinance was recently passed increasing the competitive bidding requirement to $25,000.

Also noted was non-compliance with the state statute that requires municipalities to file an annual financial statement audit within six months after year end. Due to significant turnover in the financial reporting process and the need for restatements to financials, the auditing firm was unable to complete the financials so that an audit could be completed by December 31, 2007. Corrections have been made and future audits will be completed in a timely manner.
Regarding Capital Asset Inventory, it was noted that it is the City’s policy to perform a physical inventory every three years. However, budget constraints and inadequate staffing levels have made it impossible to perform a physical inventory in the past three years. The City will conduct a physical inventory of capital assets.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to accept the Audited Financial Statements for the year ended June 30, 2007. Motion carried 7-0.

AYE: Schrzan, Peterson, Holt, Stephens, O’Neal, Mills, Collier
NAY: None

AGENDA ITEM NO. 9: Discuss and consider request from Gary V. Grossman, Sun Masters, L.L.C., regarding building permit classification on property located at 1704 N. Harrison.

Mr. Grossman of Sun Masters, LLC, presented documents to the Commission to support his request that the property behind Sun Masters at 1704 N. Harrison be rezoned as building code “U” (Utility) classification. City Inspector Mike Cox gave Commissioners the history of this issue and stated his opinion is that the property should be rezoned S-2 (Low Hazard Storage). The S-2 classification requires that a fire hydrant be within 400 feet of a structure. The U classification would change the requirement to 600 feet. The S-2 classification would require Mr. Grossman to install a fire hydrant, the U classification would not.
Mr. Cox asked Commissioners to consider reestablishing the Building Code Board of Appeals to consider matters such as these.
Vice Mayor Peterson stated she would not be comfortable making a decision at this time. However, the level of expertise on an appeal board would make that a better forum for these types of discussions.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to reestablish the Building Board of Appeals and to consider appointments to that Board at the April 28th Special Call Meeting or at the earliest possible time. Motion carried 7-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Collier, Holt
NAY: None

AGENDA ITEM NO. 10: Presentation by Police Chief Mathis and consider agreement with District Attorney regarding Drug Task Force.

Police Chief Bill Mathis explained that the District Attorney Drug Task Force would experience a reduction in funding beginning July 1, 2008. Chief Mathis has proposed to provide $10,000 from his budget to the District Attorney for use with the Drug Task Force. Chief Mathis also proposes to provide additional manpower by assigning members of the Police Gang Unit to assist the Drug Task Force. Chief Mathis noted the close connection between gang activity and the sale of illegal drugs and felt this would be a beneficial partnership.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the agreement with the District Attorney regarding the Drug Task Force. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None

AGENDA ITEM NO. 11: Consideration of Memorandum of Understanding to amend the 2007-2008 Collective Bargaining Agreement for Firearms Proficiency Incentive Standards.

According to the Memorandum of Understanding, the City and the IUPA Local 3 agree that, pending completion of the firearms incentive qualification course, the City shall calculate officers’ firearms incentive pay on an officer-by-officer basis by utilizing the higher score from 1) the 20 round Shawnee Police Department course or 2) the 25 round CLEET qualifying course of each officer from the Fall of 2007.
This Memorandum of Understanding amends the 2007-08 Collective Bargaining Agreement by adopting amended standards for Marksman for 85-94% standard to $0.15 per hour and for Sharpshooter above 94% standard to $0.25 per hour.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve Memorandum of Understanding to amend the 2007-2008 Collective Bargaining Agreement for Firearms Proficiency Incentive Standards.
Motion carried 7-0.

AYE: Holt, Collier, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 12: Review progress on property located at 1316 E. Fay and consider upholding Administrative Order for Demolition.

Mike Cox, Chief Building Inspector, reported that the property located at 1316 E. Fay is vacant and not secure. Debris from the inside of the property is being scattered outside and vegetation is beginning to grow up. The property owner was given additional time to decide whether she wanted to demolish the property or to rehabilitate and was given building permits for each. The property owner was given notice of this hearing, but did not appear. Mr. Cox stated that he went through the entire process with the owner and noted all items that needed to be repaired.
Commissioner Collier noted that he had driven by the property twice and children were in the yard.
A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to give the property owner until the May 5, 2008 Commission meeting to report her plans for the property. Motion carried 6-1.

AYE: Holt, Peterson, Stephens, O’Neal, Mills, Collier
NAY: Schrzan

AGENDA ITEM NO. 13: Discuss and consider presentation by Dr. Joe Taron regarding park at Shawnee Twin Lakes.

Dr. Joe Taron is requesting permission to build a permanent pavilion at the park area on Patterson Road at Lake #2. The Kiwanis will be purchasing all materials needed for the pavilion as well as supplying the labor.
Dr Taron also spoke of the Oklahoma Wildlife Department 7th Annual Outdoor Camp on May 9, 2008. The camp will consist of Firearm Safety, Black Powder Lecture, Archery, Nature Trail, and Fishing.
Shawnee 7th grade science teacher Linda Haselwood also spoke regarding the benefits of the camp for children that would not normally have the opportunity for an outdoor adventure.
The pavilion/park will be known as “Kiwanis Park”
The Shawnee Lake Association has agreed to provide mowing services to the park in exchange for the right to use it.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to approve the building, by the Kiwanis, of a permanent pavilion at Shawnee Twin Lakes #2 park area. Motion carried 7-0.

AYE: Stephens, Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 14: Discuss and consider draft of Grievance Procedures under the Americans with Disabilities Act as part of the ADA Self-Evaluation and Transition Plan, Phase I.

Nancy McNayr reported that Phase 1 of the ADA Transition Plan requires that grievance procedures be established. A draft copy of the grievance procedure was provided for review. Mike Cox is the City’s compliance officer.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to approve the draft of Grievance Procedures under the Americans with Disabilities Act as part of the ADA Self-Evaluation and Transition Plan, Phase I. Motion carried 7-0.

AYE: Stephens, Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 15: Consider accepting recommended proposal for Right-of-way Acquisition and Appraisal Services for the Kickapoo Street paving Project from MacArthur Street to Kickapoo Spur, and authorizing staff to negotiate contract to bring back to Commission for final approval.

A motion was made by Commissioner O’Neal, seconded by Vice Mayor Peterson, to defer this item until the April 28th Special Call Meeting. Motion carried 7-0.

AYE: O’Neal, Peterson, Holt, Stephens, Schrzan, Mills, Collier
NAY: None

AGENDA ITEM NO. 16: Discuss and consider a “Code of Conduct” for elected officials and volunteer board and commission members.

Mayor Mills asked Commissioners to consider this item to establish conduct guidelines for elected officials and appointed board and committee members. Commissioner Schrzan questioned the need for this item and stated that he would not sign the document. Commissioner Schrzan stated that Commissioners’ conduct is covered by the City Charter and the Municipal League handbook.
Mayor Mills stated that the oath of office does not address conduct.
Commissioner Stephens wants other boards and committee members to review the document and provide input.
Vice Mayor Peterson said that the City Commission should set the example for other boards by signing the document. She stated that other boards need to be aware of what is expected of them.
After discussion, a motion was made by Commissioner Stephens, seconded by Commissioner Holt, to defer further discussion of “Code of Conduct” until the June 2, 2008 City Commission meeting, in order for other boards to review. Motion carried 7-0.

AYE: Stephens, Holt, Schrzan, O’Neal, Mills, Collier, Peterson
NAY: None

AGENDA ITEM NO. 17: Consider acceptance of the Shawnee Mission Plaza Section 8 sanitary sewer improvements and placing maintenance bond into effect.

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to accept the Shawnee Mission Plaza Section 8 sanitary sewer improvements and place maintenance bond into effect. Motion carried 7-0.

AYE: Schrzan, Stephens, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 18: Discuss and consider DEQ Sludge Removal Plan.

Utility Director Jim Bierd explained that the Department of Environmental Quality has requested the City of Shawnee earmark the amount of $2,800 per month for future cleaning of ponds.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve DEQ Sludge Removal Plan. Motion carried 7-0.

AYE: Stephens, O’Neal, Mills, Collier, Peterson, Holt, Schrzan
NAY: None

AGENDA ITEM NO. 19: Consider Bids:

a. Water Treatment Sludge Removal (Award)

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to award bid for Water Treatment Sludge Removal to Nutri Ject Systems, Inc., Waterloo, Iowa, in the amount of $399,648.00 as the lowest and best bid. Motion carried 7-0.

AYE: Stephens, Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

b. New Skate Park Equipment (Open)

One bid for the New Skate Park Equipment was received and read into record.

BIDDER AMOUNT

American Ramp Company 90 x 80
Joplin, MO 64801 Option 1 $61,525.04
Option 2 $75,395.56
Option 3 $48, 252.39

110 x 60
Option 1 $58,231.24
Option 2 $70,448.52
Option 3 $56,409.07

130 x 80
Option 1 $76,351.44
Option 2 $90,781.04
Option 3 $74,308.69

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the bids for New Skate Park Equipment be deferred to staff for review and recommendation at a future meeting. Motion carried 7-0.

AYE: Schrzan, Peterson, Holt, Stephens, O’Neal, Mills, Collier
NAY: None

AGENDA ITEM NO. 20: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 21: Administrative Reports

Parks and Cemetery Supervisor, James Bryce, reported that the Shawnee Municipal Pool shell has been repainted and powerwashed. The filling date is set for the week of May 19, 2008. The pool will be opened June 2 and will close on August 8, 2008.

John Krywicki gave an explanation regarding the Trails Master Plan. Mr. Krywicki stated that in September, 2005, the City executed an agreement with ODOT for this project. The proposed project estimate was $247,969, with the City receiving a reimbursement grant for $198,376 and the City paying the remaining $49,593. Former Community Development Director Mike Southard made a recommendation that the City enter into a contract with Howard-Fairbairn Site Design to provide design plans and specifications for the project. The contract amount with the firm was set at $41,310. Upon Howard-Fairbairn representatives presenting their conceptual ideas and costs estimates, the scope of the project had increased to the base bid of $452,874 with alternate bids for a total project estimate of $1,685,190. A subsequent meeting between Mr. Krywicki, Rex Hennen, James Bryce and Scott Fairbairn led to the understanding that the City would no longer be requiring the services of the Howard-Fairbairn Site Design firm.

City Manager Collard reminded Commissioners of the Budget Work sessions scheduled for April 28th and 29th.

AGENDA ITEM NO. 22: Commissioners Comments

Commissioners Holt questioned John Krywicki regarding the street improvements planned for Airport Drive.
Commissioner Schrzan expressed concern regarding taking money away from Streets and spending in out an economic development retail survey.

AGENDA ITEM NO. 23: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 7-0. (10:57 p.m.)

AYE:
NAY: None



_________________________
CHUCK MILLS,
MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS, CITY CLERK



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