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| CRANSTON CITY COUNCIL Regular Monthly Meeting | ||
| | Jessica M. Marino, President, City-Wide Lammis J. Vargas, Vice President, Ward 1 Robert J. Ferri, City-Wide Nicole Renzulli, City-Wide | Aniece Germain, Ward 2 John P. Donegan, Ward 3 Richard D. Campopiano, Ward 4 Christopher G. Paplauskas, Ward 5 Daniel Wall, Ward 6 | |
MINUTES
MONDAY, FEBRUARY 26, 2024, at 7:00 P.M.
The regular monthly meeting of the Cranston City Council was held on Monday, February 26, 2024 at 7:00 PM. in the Cranston City Council Chambers, Cranston City Hall, 869 Park Ave., Cranston, RI 02910 for the purpose of conducting the items of business appearing on the docket.
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The meeting was called to order at 7:02 P.M. by Council President Jessica M. Marino.
The roll was called by the Clerk, T. Nelson. Stated as present: Councilman Robert J. Ferri, Councilwoman Nicole Renzulli, Councilman John P. Donegan, Councilman Richard D. Campopiano, Councilman Christopher G. Paplauskas, Councilman Daniel Wall, Council Vice-President Lammis J. Vargas, and Council President Jessica M. Marino. Absent: Councilwoman Aniece Germain. Also present: Legal Counsel Stephen Angell, Budget Analyst/Internal Auditor David DiMaio, Asst. Solicitor John Verdecchia, Chief of Staff Anthony Moretti, Solicitor Christopher Millea, and City Clerk Tracy A. Nelson
The Pledge of Allegiance was recited by the body.
Approval of the minutes of the January 22, 2024 Regular Council Meeting
(vote may be taken)
MOTION made by Councilman Ferri, SECONDED by Councilman Donegan to approve the minutes as presented.
VOTE: Ayes – 8 (unanimous vote of the members present)
None
Armand Niquette, President of the Fire Union, spoke in favor of the appointment of Robert Ryan as Fire Chief.
Atty. Robert Murray expressed concerns with Ordinance 01-24-02 relative to licensing short term lenders. He feels it exceeds Council’s authority. He questioned limiting the number of such licenses in the city to four. He noted removal of the severability clause from Woonsocket’s version. He recommended the City Council not pass the ordinance until they have determined they have the authority.
At the Council President’s request, a MOTION was made by Councilman Ferri, and SECONDED by Councilman Donegan to take the agenda out of order and allow for the presentation of the Tax Assessor at this time.
VOTE: Ayes – 8 (unanimous vote of the members present)
Tax Assessor, Kenneth Mallette, gave a PowerPoint Presentation relative to the 2023 Revaluation. He explained the purpose of the revaluation, he walked through the steps of the revaluation process, and he outlined a property owner’s rights to appeal. Taxpayers will be receiving their revaluation notices in the mail March 11-15. Tax bills reflecting the new values will be mailed in June. Information can be found on the Vision Government Solutions website (vgsi.com).
Councilman Donegan asked if the notices will be mailed in other languages.
Mr. Mallette replied they will all be mailed in English, but if requested, a translated version can be sent.
RESOLUTION Recognizing February as Children’s Dental Health Month; Sponsored by Councilwoman Renzulli, Councilman Paplauskas, and Councilman Campopiano
(vote to be taken)
MOTION made by Councilman Campopiano, SECOND by Councilman Wall to approve the resolution as presented.
The following Councilors wish to be added as co-sponsors: Wall, Donegan, Marino, Ferri, and Vargas.
VOTE: Ayes – 8 (unanimous vote of the members present)
A. Report from the Chair, Councilwoman Germain, on the CLAIMS COMMITTEE
February, 2024 Claims Paid (no vote)
In Councilwoman Germain’s absence, the Council President stated there is nothing to report.
B. Report from the Chair, Councilman Ferri, on the SAFETY SERVICES & LICENSES COMMITTEE meeting held February 5, 2024
Chairman Ferri referenced the Safety Services meeting at which approximately 40 businesses were summoned for show cause hearings. He urged the solicitors to continue to be persistent with compliance. Some businesses may be operating without a license.
01-24-02 ORDINANCE In Amendment of Title 5 of the City of Cranston Code of Ordinances, 2005 Entitled “Business Licenses and Regulations”; Sponsored by Councilman Ferri, Councilman Donegan, and Council President Marino; Referred out of the Safety Services Committee February 5, 2024 *Scrivener’s errors to be corrected*
(vote may be taken)
MOTION made by Councilman Donegan, SECOND by Councilman Wall to approve Ordinance 01-24-02.
Chairman Ferri attended a meeting today in order to be prepared to answer questions this evening. He doesn’t know that the ordinance is perfect; however, other cities and towns have passed or are in the process of passing similar ordinances to prevent predatory lending. At his request, the Clerk pointed out scrivener’s errors in some section numbers.
Atty. Angell suggested a correction to line 68. The section of R.I. Gen. Laws should read 19-14.4-2(d); and the words “of this article” should be struck from line 159. He does not believe the Council is prohibited from regulating payday lenders. The General Assembly delegated authority to the Department of Business Regulation. Their regulations protect the lender, not the consumer. Regarding the cap at four, Council can replace this number with any of their choice.
Councilman Wall wishes to be added as a co-sponsor.
Councilwoman Renzulli referred to the 36% APR mentioned by Councilman Ferri. She sees the 10% fee. Is that in addition to the maximum 36%?
Atty. Angell answered it is cumulative.
Councilwoman Renzulli asked if the severability clause should be added.
Atty. Angell does not feel it matters. The ordinance rises or falls on its own merits.
Councilwoman Renzulli asked the same question of Asst. Solicitor Verdecchia.
Asst. Solicitor Verdecchia defers to Atty. Angell. The clause is sometimes deployed. He agrees the ordinance would rise or fall in its entirety.>
Councilwoman Renzulli asked Atty. Angell if the ordinance passed, and was determined to be out of the Council’s purview, could businesses take the city to Superior Court.
Atty. Angell responded it would not be prudent for him to give a roadmap for appeal in a public session. He will discuss privately if requested.
Councilman Campopiano indicated one such lender exists in the city. How would this affect that business? Would they be grandfathered in?
Atty. Angell explained the business would need to comply with the new ordinance. They would need to apply for a city license and comply with the regulations.
Councilman Paplauskas does not support predatory lending; however, he has issues with the ordinance. He asked Asst. Solicitor Verdecchia if the city should seek enabling legislation.
Asst. Solicitor Verdecchia answered, as a general principle, licensing is a state function. The various municipalities can only issue licenses they are authorized to issue. Over the course of time, he has seen the state delegate this authority to municipalities. Regarding the concern that the city does not have specific enabling legislation, he defers to Atty. Angell. The Dept. of Business Regulation contains rules granting authority to municipalities. He has no reason to question Atty. Angell’s opinion. It appears similar ordinances are being considered by multiple other municipalities. Cranston is not an outlier. Nothing is certain. Sometimes these things need to be tested. The various cities and towns could form a united front.
Councilwoman Renzulli sees the attorneys are in agreement. She hopes the General Assembly will pass legislation to eliminate this type of lending altogether. She wishes to be added as a co-sponsor.
MOTION to approve withdrawn by Councilman Donegan.
MOTION made by Councilman Donegan, SECOND by Councilman Ferri to make the changes suggested by the Clerk and Atty. Angell.
VOTE: Ayes – 8 (unanimous vote of the members present)
MOTION made by Councilman Donegan, SECOND by Councilman Wall to approve Ordinance 01-24-02, as amended.
VOTE: Ayes – 8 (unanimous vote of the members present)
01-24-03 ORDINANCE In Amendment of Title 5, Chapter 04, Section 100 of the City of Cranston Code of Ordinances, 2005, Entitled “Fees for Licenses, Permits and Recordings.”; Sponsored by Councilman Ferri, Councilman Donegan, and Council President Marino; Referred out of the Safety Services Committee February 5, 2024;
(vote may be taken)
MOTION made by Councilman Donegan, SECOND by Councilman Wall to approve Ordinance 01-24-03 as presented.
VOTE: Ayes – 8 (unanimous vote of the members present)
C. Report from the Chair, Councilman Donegan, on the FINANCE COMMITTEE
meeting held February 5, 2024:
Consideration of Tax Interest Waiver APPROVALS for the month of January, 2024 as requested by the City Treasurer (vote may be taken)
MOTION made by Councilman Wall, SECOND by Councilman Ferri to approve the tax interest waiver approvals as requested.
VOTE: Ayes – 8 (unanimous vote of the members present)
RESOLUTION Authorizing Real Estate Tax Abatements as recommended by the
Tax Assessor (vote may be taken)
MOTION made by Councilman Ferri, SECOND by Councilman Wall to authorize the real estate tax abatements as recommended.
VOTE: Ayes – 8 (unanimous vote of the members present)
RESOLUTION Authorizing Motor Vehicle Abatements as recommended by the
Tax Assessor (vote may be taken)
MOTION made by Councilman Ferri, SECOND by Councilman Wall to authorize the motor vehicle tax abatements as recommended.
VOTE: Ayes – 8 (unanimous vote of the members present)
ADVICE AND CONSENT on Mayor Hopkins’ Appointment of Robert Ryan as Fire Chief; Referred out of the Finance Committee February 5, 2024
(vote may be taken)
Acting Chief Ryan thanked Mayor Hopkins for the appointment.
Chief of Staff Moretti is proud to present Robert Ryan as the Mayor’s recommendation as Chief of the Cranston Fire Department. Mr. Ryan has 36 years of dedicated service to the city and the department, beginning in 1988. The official swearing-in will take place tomorrow evening.
MOTION made by Councilman Ferri, SECOND by Council President Marino to approve the Mayor’s appointment of Robert Ryan as Chief of the Cranston Fire Department.
VOTE: Ayes – 8 (unanimous vote of the members present)
D. Report from the Chair, Council Vice-President Vargas, on the PUBLIC WORKS
COMMITTEE meeting held February 15, 2024:
Chairwoman Vargas stated there was nothing to report.
E. Report from the Chair, Council Vice-President Vargas, on the ORDINANCE
COMMITTEE meeting held February 15, 2024:
9-23-05 ORDINANCE in Amendment of Title 17 Zoning, Chapter 17.36.010 of the City of Cranston, 2005, Entitled 'Industrial Uses’; Sponsored by Council President Marino; As Amended 09/25/2023 & 01/11/2024; Referred out of the Ordinance Committee February 15, 2024 (vote may be taken)
[Planning Commission Recommendation] [Fiscal Note]
MOTION made by Councilman Donegan, SECOND by Councilman Ferri to approve Ordinance 9-23-05 as presented.
VOTE: Ayes – 8 (unanimous vote of the members present)
1-24-01 ORDINANCE in Amendment of Title 10 (Vehicles and Traffic), Chapter 32 of the Code of the City of Cranston, 2005, Entitled “Stopping, Standing, and Parking on Specific Streets” (Stop Intersection at Plantation Drive, Elm Drive, and Magazine Street); Sponsored by Mayor Kenneth Hopkins and Councilwoman Renzulli; Referred out of the Ordinance Committee February 14 15, 2024
(vote may be taken)
MOTION made by Councilman Wall, SECOND by Councilman Campopiano to approve Ordinance 1-24-01.
Chief of Staff Moretti spoke. The Administration believes the ordinance is imperfect. The intersection is within feet of Garden City School. There have been several complaints of speeding and concerns for student safety. In consultation with the traffic safety coordinator, the Mayor plans to sponsor a more comprehensive option; a mini roundabout. In hopes of preventing a tragedy, this ordinance was put forward before a more permanent solution can be found. The Administration has consulted with Major Patalano and Colonel Winquist. It is an imminent traffic safety concern.
Major Patalano spoke. They have been dealing with the issues since school opened. There are now 510 kids at this school. The school department is out there every day. The police department conducted an assessment in December. The four-way stop is a temporary solution. If the state allows it, a roundabout should do the trick. If left as is, there will be an issue.
Council President Marino noted the absence of a traffic study, which is required.
Mr. Moretti pointed out the Charter does not specify that the report must be written. At committee, a verbal report was given. Mr. Mulcahey recommends a roundabout, not a four-way stop. If the Council is concerned about enacting an ordinance and revoking it later, perhaps the Mayor could issue an executive order.
Council President Marino feels a statement from the solicitor would alleviate Council’s concern for passing the ordinance without a written report from the traffic engineer.
Asst. Solicitor Verdecchia believes the Public Works Director opined at the time. In this situation, due to the urgency, he is comfortable that the opinion given complies with the requirement. Whether or not the opinion was favorable is irrelevant.
Council President Marino noted the opinion was provided by Director Mateus, not the traffic engineer.
Asst. Solicitor Verdecchia explained the Public Works Director is the supervisor of the traffic engineer. It’s semantics.
Council President Marino wants to ensure compliance and consistency. Going forward, will an oral opinion of the Public Works Director suffice?
Asst. Solicitor Verdecchia would hate to set a precedent. In this instance, he feels it’s sufficient. Others may require a more comprehensive study. According to the Administration, this is a matter of urgency. In this limited circumstance, he does not see the need for a written report.
Council President Marino called for a brief recess at 8:23 P.M. The Council reconvened approximately 10 minutes later.
Chief of Staff Moretti, after speaking with the solicitor, is requesting the ordinance be continued for two months. This will allow the traffic engineer to work with the consultant and not set a precedent. In the meantime, the Mayor will work with the command staff and issue an Executive Order.
MOTION WITHDRAWN by Councilman Wall.
MOTION made by Councilwoman Renzulli, SECOND by Councilman Campopiano to continue Ordinance 1-24-01 to the April monthly Council meeting.
VOTE: Ayes – 8 (unanimous vote of the members present)
Council President Marino, in speaking with Registrar Lima and the City Clerk, requests an amendment to Section 3 of each of the following resolutions replacing the words “That the City Clerk cause the proposed amendments to be advertised four times during the thirty days prior to the date of the election,” with “The registrar shall advertise the proposed amendments in compliance with Title 17 of the R.I. General Laws.”
MOTION made by Councilman Donegan, SECOND by Councilman Wall to amend both resolutions per the Council President’s request.
VOTE: Ayes – 8 (unanimous vote of the members present)
RESOLUTION Proposing Amendment to Section 4.02 of the Cranston Home Rule Charter and Directing the Secretary of State to Place on the Ballot the following as a Referendum Question (Chapter 4, Department of Records, Section 4.02 Judge of Probate); Sponsored by Council President Marino; As Amended 02/15/2024; Referred out of the Ordinance Committee February 15, 2024
MOTION made by Councilman Ferri, SECOND by Councilman Donegan to approve the resolution, as amended.
Councilwoman Renzulli will not support the resolutions. As the second largest city, she feels there are plenty of qualified candidates in Cranston.
Councilman Paplauskas agrees. He will not be supporting the resolutions.
Council President Marino pointed out the resolutions are to put the questions before the voters. Many other cities and towns allow for a broader pool.
VOTE: Ayes – 6 (Ferri, Donegan, Campopiano, Wall, Vargas, and Marino)
Nays – 2 (Renzulli, Paplauskas)
MOTION CARRIES by majority vote.
RESOLUTION Proposing Amendment to Section 8.01 of the Cranston Home Rule Charter and Directing the Secretary of State to Place on the Ballot the Following as a Referendum Question (Department of Law); Sponsored by Council President Marino; As Amended 02/15/2024; Referred out of the Ordinance Committee February 15, 2024 (vote may be taken)
MOTION made by Councilman Ferri, SECOND by Councilman Wall to approve the resolution, as amended.
VOTE: Ayes – 6 (Ferri, Donegan, Campopiano, Wall, Vargas, and Marino)
Nays – 2 (Renzulli, Paplauskas)
MOTION CARRIES by majority vote.
Diana Gordon, 85 Briggs St., spoke last meeting of concerns with drugs and crime occurring in the senior housing complex where she resides. She has now been targeted for harassment. She feels the city should do more to protect the senior residents there.
Susan Blake, 173 Grand Ave., urged the Council to closely monitor the activity at Budlong Pool. She expressed concern with thousands of gallons of stagnant water being pumped into the river.
Dante` Marinaro, 132 Fordson Ave. (Riverview Terrace) provided photos of the renovation company’s work. Of sixteen displaced families, only four have found other housing. The rest are renting hotels. They need the city’s help.
MOTION made by Councilman Ferri, SECOND by Councilman Campopiano to accept the photos presented by Mr. Marinaro for the record.
VOTE: Ayes – 8 (unanimous vote of the members present)
APPOINTMENT of Ivy Swinski to the Zoning Board of Review, replacing Paula McFarland, for the term expiring July 28, 2024. (vote may be taken)
MOTION made by Councilman Ferri, SECOND by Councilman Donegan to appoint Ivy Swinski to the Zoning Board of Review.
VOTE: Ayes – 8 (unanimous vote of the members present)
Presentation by the Tax Assessor, Kenneth Mallette, relative to the 2023 Revaluation
(no vote taken)
The presentation was given earlier in the evening.
Legal Expense Analysis for the period of July 1, 2023 to February 26, 2024
(no vote)
Council President Marino asked the purpose of outside counsel Womble Bond Dickinson.
Solicitor Millea explained that, at the behest of the RI League of Cities & Towns, approximately 19 cities and towns engaged the firm to challenge state law relative to evergreen contracts. He, the Mayor, and Administration have discussed the merits of the case. They have disengaged from the retainer agreement. This is a bill for work done in the past. It is a final bill.
Councilwoman Renzulli asked why Solicitor Marsella and outside counsel are billing for Natick Solar.
Solicitor Millea explained Solicitor Marsella is handling some of the planning litigation. Outside counsel is assisting with Superior Court matters that Solicitor Marsella is not as familiar with. The case is in the appeal stage. It has stalled in Superior Court. It may make its way to the Supreme Court.
Councilwoman Renzulli asked if every legal matter is listed on the report.
Solicitor Millea confirmed. Everything that has come through his office is there.
Council President Marino referred to discussion at the Finance Committee meeting of two firms that have not appeared on the bill sheet. There is another regarding claims that should be within his department. Perhaps a bill has not yet been submitted.
Solicitor Millea reiterated all bills that have come through his office have appeared. He specified the particular items that do not come through his office.
From Planning Director Pezzullo, status report on the Comprehensive Plan (no vote)
Director Pezzullo was not in attendance. The Council President reported the public workshop was well attended, including some Council members.
Update from Administration regarding the status of the City’s participation in the Rhode Island Infrastructure Bank’s Community Septic System Loan Program
Chief of Staff Moretti reported the board is meeting tomorrow night. They anticipate approval. They hope to have the program up and running sometime in March.
Flooding events from September to current throughout the City; status of FEMA, State and other assistance; remediation and mitigation efforts
Council President Marino referred to the Mayor’s informational resource meeting held at the senior center with representatives from several organizations. In order to receive federal funding, a disaster must be declared, based on state submissions, which are based on city and town damage reports. She asked for an update from the Administration.
Chief of Staff Moretti believes the program will be rolled out in the summer. The meeting also provided information for the December and January events; if and when the President declares them disasters. He spoke with the Director of the RI Emergency Management Agency. Right now, RIEMA is finalizing assessments from the December storm to be submitted to the Federal Emergency Management Agency. Regarding the back-to-back January events, they are looking to package them together. Stay tuned. He is optimistic resources will be coming.
Council President Marino referred to the other element of her communication: remediation and navigation, to prevent and prepare, not just relative to urban sewage and roads, but also streams and wetlands, which have been impacted by multiple municipalities. Long term preparation is the point of the Resiliency Program which was supported by the Administration. She asked if the Public Works Director, or another department, would be the point person regarding long-term plans.
Chief of Staff Moretti stated Cranston has qualified for the program. The grant is being written. September was a drainage issue. December and January were river flooding events. Advance notice to residents has been discussed with Chief Ryan. Currently, Chief Ryan as the Emergency Management Director, is the point person. The capital budget will address long-term plans.
Update on status of the audit
Chief of Staff Moretti expected Finance Director Zidelis to be here. They had a conversation to confirm the auditors were squared away. They were requesting additional information. The audit does not affect the annual budget.
Council President Marino pointed out the current deadline, at the end of the month, is only a few days away. She asked that the Finance Committee Chair, Councilman Donegan, be notified of the outcome so that he can disseminate it to the full Council.
None
None
The following New Business items are listed for reference and for a vote to be referred
to the appropriate Council sub-committee for a public hearing:
MOTION made by Councilman Ferri, SECOND by Councilman Wall to take all the new business items as a block.
VOTE: Ayes – 8 (unanimous vote of the members present)
02-24-01 ORDINANCE in Amendment of Title 2 (Administration and Personnel), Chapter 2, of the City of Cranston Code of Ordinances, 2005, Entitled “Committees, Commissions, and Councils”; Sponsored by Councilwoman Renzulli; Refer to Ordinance Committee March 14, 2024 (vote may be taken)
02-24-02 ORDINANCE in Amendment of the 2010 Comprehensive Plan for the City of Cranston, 2012, As Amended (20 Goddard Drive, Assessor’s Plat 13, Lot 39); as requested by Owner/Applicant – 200 Goddard LLC; Refer to Ordinance Committee March 14, 2024 (vote may be taken)
02-24-03 ORDINANCE in Amendment of Chapter 17 of the Code of the City of Cranston, 2005, Entitled “Zoning” (20 Goddard Drive, Assessor’s Plat 13, Lot 39); as requested by Owner/Applicant 20 Goddard LLC; Refer to Ordinance Committee March 14, 2024 (vote may be taken)
02-24-04 ORDINANCE in Amendment of Title 17 (Zoning), Section 17.120.020 of the City of Cranston, 2005, Entitled ‘Procedure for Adoption or Amendment’; Sponsored by Council President Marino; Refer to Ordinance Committee March 14, 2024
(vote may be taken)
02-24-05 ORDINANCE in Amendment of Chapter 3.08 of the City of Cranston, 2005, Entitled ‘Board of Contract and Purchase’; Sponsored by Council President Marino; Refer to Ordinance Committee March 14, 2024
(vote may be taken)
RESOLUTION In Support of Fully Funding State Aid to Libraries to the Full Twenty-five percent (25%); Sponsored by Council President Marino and Councilwoman Renzulli; Refer to Finance Committee March 4, 2024
(vote may be taken)
CLAIMS to be referred to the Claims Committee meeting of March 4, 2024 as follows: (vote may be taken)
| TYPE OF CLAIM | | CLAIMANT | | DATE OF ALLEGED INCIDENT |
| | | | | |
| Property Damage | | Jeffrey Charest | | January 13, 2024 |
| Property Damage | | Ken & Saron Fratantuono | | January 13, 2024 |
| Property Damage | | Christiana Capravelli | | January 12, 2024 |
| Property Damage | | Erika Kruse Weller | | January 9, 2024 |
| Personal Injury | | Amy Silva | | December 24, 2021 |
| Property Damage | | Virginia Kowal | | “last snowstorm” |
| Property Damage | | Sharon Lavigne | | January 28, 2024 |
| Property Damage | | Brittney Blanchette | | January 28, 2024 |
| Property Damage | | Wendy Murray/Judith Bresette | | February 7, 2024 |
| Property Damage | | Susan Ciorlano | | February 13, 2024 |
| Property Damage | | John Faella | | February 13, 2024 |
MOTION made by Councilman Wall, SECOND by Councilman Ferri to refer all the new business items to their respective committees.
VOTE: Ayes – 8 (unanimous vote of the members present)
MOTION made by Councilman Paplauskas, SECOND by Councilman Campopiano to move to Executive Session pursuant to RIGL 42-46-5(a)(2) pertaining to prospective and actual litigation matters, specifically Casale vs. City of Cranston.
(Council Vice President Vargas exited the meeting prior to roll call)
VOTE: Ayes – 7 (Ferri, Renzulli, Donegan, Campopiano, Paplauskas, Wall, and Marino) / Nays – 0
The City Council convened in Executive Session at 9:20 P.M.
MOTION made by Councilman Ferri, SECOND by Councilman Wall to return to open session at 9:50 P.M.
VOTE: Ayes – 7 (unanimous vote of the members present)
Council President Marino reported no votes were taken during the executive session.
MOTION made by Councilman Ferri, SECOND by Councilman Wall to seal the minutes of the executive session. All Ayes
RE-APPOINTMENT of Ann Marie Maccarone, Esq. to the Board of Contract and Purchase, by Council President Marino, for the term January 1, 2024 to January 6, 2025
RE-APPONTMENT of Doris S. Blanchard to the Board of Contract and Purchase, by Council Majority Leader Donegan, for the term January 1, 2024 to January 6, 2025
MOTION made by Councilman Ferri, SECOND by Councilman Wall to adjourn at 9:51 P.M. All Ayes
Minutes approved as written March 25, 2024
Attest:
______________________________________
Tracy A. Nelson, City Clerk