HomeMy WebLinkAbout2012-09-18 CC MIN1
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CITY COUNCIL MEETING MINUTES
September 18, 2012
SPECIAL MEETING
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki
Absent: None
Staff: City Administrator Hansen
Community Development Director Turnblad
Fire Chief Glaser
Public Works Director Sanders
Finance Director Harrison
City Clerk Ward
OTHER BUSINESS
Workshop on Fire Station
4:30 P.M.
Community Development Director Bill Turnblad explained that at the last Council meeting, the
Council directed staff to look at ways to reduce the cost of the project, which was $8.3 million
including $7.3 million for construction.
Fire Chief Stu Glaser reviewed the history of the project. A year ago, a team was put together to
design a new fire station to meet the needs of the city today and into the future. Consultants and
Fire Department staff have been considering space needs, level and quality of service, and fire
protection delivery against project costs - both hard dollar costs and operational /efficiency costs.
Doug Wild, BWBR Architects, showed the Council revised draft plans. Though on -site training
opportunities and building flexibility would be impacted, the building's costs could be reduced
by:
1. Removing the top of the tower
2. Reducing the size of the mechanical mezzanine
3. Eliminating one restroom
4. Eliminating one unisex restroom
5. Reducing the size of the public restroom
6. Reducing the size of the reception area
7. Reducing the size of the entry area
8. Reducing the size of the kitchen
9. Eliminating the Emergency Operations Center, instead sharing the Emergency
Operations Center planned for the Armory
10. Eliminating one laundry room
11. Reducing the size of the fitness area
City Council Meeting September 18, 2012
12. Reducing the size of the resident shower and restroom
13. Reducing finish costs
14. Eliminating the storage building.
Councilmember Cook asked if sharing the Emergency Operations Center (EOC) would pose an
access problem.
Community Development Director Turnblad responded that emergencies would likely require
both groups to be present anyway, but an agreement is being worked out through the joint
powers agreement process.
Fire Chief Glaser explained that an EOC is an area designed to maintain continuity of operations
and government, to be used in an emergency such as a tornado or terrorist attack. Events
occurring in the City of Stillwater would be under the jurisdiction and responsibility of the City
to respond. He has talked with Washington County emergency operations staff who is very
interested in potentially sharing the space as a designated alternative EOC.
John Huenink, Kraus- Anderson, reported that with the new design, square footage would be
reduced from 34,325 to 29,600 square feet, saving approximately $900,000 which, together with
soft cost reductions, would bring the total to $6.9 million.
Mayor Harycki asked if any of the eliminated elements could be added back in post -
construction.
Mr. Wild responded that there is room for another bay to be added; architects are thinking about
the future from a site plan and utilities standpoint, though future expansion would generate
additional hard costs.
Councilmember Menikheim asked if this is a 50 -year fire house because he wants there to be
room to expand.
Fire Chief Glaser replied he believes it is. Currently there are six bays; the new station will have
seven more efficient drive - through bays.
Mayor Harycki asked if the formula used to allocate costs to surrounding communities via fire
contracts includes any capital costs.
Finance Director Harrison responded it includes depreciation of the apparatus and the fire hall.
City Administrator Hansen added that the formula takes into consideration the city's total costs
which determine the amount the townships pay.
Fire Chief Glaser stated that the Stillwater Fire Department services 100% of Stillwater
Township, about 40% of May Township and 38 -40% of Grant. 80% of calls are in the Stillwater
City limits.
Councilmember Cook said she sees growth slowing down, so combined services may be in the
future.
Community Development Director Turnblad stated the City limits at Hwy. 12 and 96 will
probably go to about 25,000 at build -out.
City Administrator Hansen added all the infrastructure has been sized for the City to end at
Hwy. 12, 36, and 96 so its growth has already been predetermined over the last several years.
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City Council Meeting
September 18, 2012
Fire Chief Glaser reminded the Council it is not just residents we protect - it is all the visitors,
river users, and so on.
Councilmember Cook responded that is why she feels a substation should remain downtown;
she is concerned about having adequate protection.
Fire Chief Glaser stated that studies have shown that a centrally located station will adequately
serve the needs of the City. There would be costs with going to a two - station model - unless it is
staffed, the City would not see efficient response time. Staffing it would increase operational
costs considerably, and the fire department currently doesn't have enough full -time staff to
cover two stations.
Councilmember Menikheim suggested the Council revisit staffing a substation with part-time
staff.
Councilmember Polehna said past councils have determined the city could not afford to have
two stations. His ward receives substandard service.
Councilmember Cook replied that she and Councilmember Menikheim were not part of those
past conversations. She expressed concerns about downtown water rescues, summer tourists,
older homes, an aging population, and historic buildings, as reasons to retain a substation closer
to downtown. All wards should have equal service in terms of response time, but she sees the
scale tipping in favor of the western wards and wants to find a compromise.
Councilmember Menikheim stated he understands the concerns expressed, but the Council
needs to deal with facts, not emotions. He would like a factual discussion of staff numbers.
Fire Chief Glaser stated the issue of one versus two stations was previously studied in 2005 and
2011. A single central station would result in a five to six minute response time within the entire
City limits. Currently the farthest portions of the City have a nine -plus minute response time;
part of this is due to the geography and street layout of the City.
Councilmember Menikheim said the seven -year -old study doesn't account for recent variables
that have materialized in the last year.
Councilmember Polehna countered that previous studies looked at expected growth projections.
Mayor Harycki commented that the Council will have to reach consensus on one station or
disregard all the previous data and start looking at a two - station model.
Fire Chief Glaser explained that if the Fire Department staffs two stations full time, it would
need six extra people, incurring roughly $400,000 in additional salaries. If it switched to a paid
on -call model it would incur roughly $424,000 in additional salaries. That doesn't include costs
of additional bunker gear, physicals, training and so on. While he acknowledged the perception
that full time is much more expensive, volunteer, paid on -call is not necessarily cheaper than
going full -time. He summarized the different types of construction materials in Stillwater
homes, and the impacts on the spread of fire. He recommended that a single central station
model be used and that the City would be better served out of a central station when it is staffed
appropriately.
Councilmember Polehna asked Fire Chief to explain the difference of burning factors between
the older homes of Stillwater compared to newer construction. Chief Glaser explained that
older homes on fire act a lot differently than new homes. Many homes in the old city are further
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City Council Meeting
September 18, 2012
apart which is an advantage. New condos downtown have sprinkler systems, which is a
tremendous advantage.
Community Development Director Turnblad said if a decision isn't made very soon, the City
will have to revise the construction schedule and jeopardize some of the scales of economy with
the Armory. The Readiness Center would have to have some tweaks because it would then be a
freestanding building.
City Administrator Hansen added that the revised $6.9 million estimate being discussed doesn't
include land ($250,000 for the Fire Department's share of the land), and asked Finance Director
Harrison to run cost figures on debt service.
Finance Director Harrison stated that for $6.9 estimate excluding the land, debt service costs
would be $468,000, compared with debt service on $7.224 million, including land costs, which
would be $485,000.
Councilmember Cook expressed concern that cost estimates for the Fire Department don't
include the city's donation of the portion of the land for the Armory, approximately $900,000.
City Administrator Hansen reiterated that the $900,000 can't be considered to be Fire
Department costs. The only land cost for the Fire Department that can be considered is the
$250,000 for the portion of the land that would be for the Fire Department.
Councilmember Roush pointed out the City recovers the value of that money by building the
fire station and sharing services in the building.
Mr. Huenink stated that of total square footage, more than half is shared because the EOC is the
biggest room; he estimated that half of $1.4 million not including site costs are being saved by
co- locating.
Councilmember Cook asked how much residents' taxes will go up to pay for this facility, and
for how long.
Finance Director Harrison responded it will be a 25 -year issue and she is not yet sure what
individual taxpayer impacts would be as they have not received information from Washington
County yet to determine that impact.
Councilmember Polehna pointed out ISO ratings also impact homeowners' costs.
Councilmember Roush remarked that eight to nine years ago, North St. Paul built a new 35,000
square foot fire station at $6 million. Now two other metro communities are looking at building
comparably sized facilities and are looking at $10 million each. So Stillwater is looking good
and is at the low end - the City is getting a good value for its money. He feels the City should
seriously look at adding back the cold storage space because that is just going to get more
expensive.
Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2012 -152
Authorizing Staff to Proceed with Design of a Single Fire Station, and undertake construction
simultaneously with the National Guard.
Ayes: Councilmembers Menikheim, Roush, Polehna, Mayor Harycki
Nays: Councilmember Cook
The meeting was recessed at 5:52 p.m.
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City Council Meeting September 18, 2012
REGULAR MEETING 7:00 P.M.
Mayor Harycki called the recessed meeting to order at 7:06 p.m.
Present: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki
Absent: None
Staff: City Administrator Hansen
Community Development Director Turnblad
Public Works Director Sanders
Police Chief Gannaway
Fire Chief Glaser
City Attorney Magnuson
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the
September 4, 2012 regular and recessed meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
United Way- Angie Lein
Angie Lein, executive director of United Way of Washington County East, discussed the fall
campaign. The theme is "Different Styles, One Mission to Change Lives with One Gift." She
explained the mission, programs, and four focus areas of the organization: basic needs, youth,
health, and self sufficiency.
OPEN FORUM
Leslie Aagard, 1015 Fourth Avenue South, expressed concern on behalf of FAN, Friends and
Neighbors, about distressed housing in Stillwater. Specifically there is a house on Fourth
Avenue South that has been vacant and deteriorating for five years. She had City Attorney
Magnuson send a letter to the property owner of the vacant home. The group would like to
educate the public on the resources available to bring such homes up to code.
City Attorney Magnuson confirmed that a notice was sent to the homeowner listing the required
repairs and giving him until August 1 to complete the work, but there has been no activity. The
next step is to order an appraisal of the neighborhood and if it is clearly shown that nearby
property values have depreciated due to this property, the City will be able to take appropriate
enforcement action.
Mayor Harycki stated the problem property ordinance was enacted about a year ago so the City
is working on the issue.
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City Council Meeting
September 18, 2012
Councilmember Cook commented the City should be more proactive in seeking out problem
properties to avoid "demolition by neglect," rather than waiting for concerned citizens to bring
them to the City's attention.
Ann Martin, 1112 North Second Street, agreed with Councilmember Cook. She said a property
next to her has been vacant for several years. She feels the City is oblivious to problem
properties.
Councilmember Cook suggested taking an inventory of the worst properties to get some
resolution. This could be done by an intern or could be a pilot project.
STAFF REPORTS
Police Chief Gannaway reported that registration is open for the Youth Firearms Safety Course
which will be held the last two weeks in October.
Fire Chief Glaser reported on last Thursday's large scale mass casualty drill. It involved nearly
300 people including several agencies and hospitals, and was a well executed exercise with
lessons learned. An after - action report will be forthcoming.
Community Development Director Turnblad provided a draft of the event survey and asked
Council to review and send comments within the week so a final draft can be completed.
Public Works Director Sanders stated the water management consultant is doing a plant survey
and meetings have taken place with lake homeowners' groups. A water management plan will
probably be implemented in the spring.
City Attorney Magnuson informed the Council that the City's ten -year lease with the Arcola
Development Company for the parking lot at the corner of Second and Mulberry will expire on
October 2. Arcola would like to renew the lease agreement. Staff would like to renew but
shorten the term and shorten the one -year notice provision, in case another use for the property
is found. He recommends giving a one -year notice to terminate now, which will give staff time
to negotiate an extension that will have a shorter termination period.
Motion by Councilmember Cook, seconded by Councilmember Polehna, to direct staff to give one-
year notice to terminate the lease. All in favor.
City Administrator Hansen noted that as treasurer for the Water Board, he has reviewed the
Board of Water Commissioners' Financial Statement and has no issues with it; it was a clean
audit report. The 2010 and 2011 statements are within a few dollars of each other.
NEW BUSINESS
Funding for Bridge Coalition
City Attorney Magnuson reported on two problems found by the auditor regarding the payment
of lobbyist expenses: tax increment financing cannot be used for lobbying expenses, and the
City did not have a written contract with the Coalition for those services. The auditor has
indicated that Minnesota Statute says a city can spend up to $50,000 from the general fund to
pay any organization to promote, improve or develop the economic resources for the
community. If there is a finding that the City believes the Coalition's efforts to secure a new
river crossing really are efforts to promote, improve and develop economic resources, and then
there is authority within the statute for the City to pay the coalition directly for that work.
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City Council Meeting
September 18, 2012
City Attorney Magnuson continued that the February 23, 2012 meeting minutes state there was
a motion to pay two lobbyist firms $7,500 each, but there was never any response to that and the
feeling was that they didn't want to contract directly with the City for this lobbying work. He
drafted a new contract between the City and the Coalition which provides that when the
Coalition uses a lobbyist, the Coalition will pay for those services, taking the burden off the city.
Councilmember Cook expressed concern about spending City funds since the bridge project has
now been approved by the Senate, the Congress, and President of the U.S. She asked why the
City would spend additional money on the project and felt there were better uses for the money.
Councilmember Roush added that the minutes show the City was considering the expenditure in
February because there was going to be a massive push for approval in the next 30 days, so
there was a sense of urgency then that he does not see now.
Mayor Harycki reminded the Council that eight years ago, the project was stopped within 30
days of letting bids. So even having reached this point, the possibility of encountering another
roadblock is always a threat. The project is moving into the next phase, design and economic
development dealing with impacts to businesses, so there is still a lot to be done.
Councilmember Roush expressed concern about double taxation of residents of Stillwater, since
Washington County has already given money to the Coalition.
Mayor Harycki reiterated that the proposal is to repurpose $15,000 to the Coalition, matching
Washington County's contribution.
Councilmember Menikheim remarked that he agrees that City support is needed but asked if the
City could contribute a lesser amount.
Mayor Harycki commented that he would not want the project to get this far and then get
blocked by a frivolous lawsuit or some other roadblock.
Councilmember Polehna stated that he understands Councilmember Cook's opinion, but
believes there are attempts to halt the permitting process, so the Coalition's efforts need to
continue. The City will benefit from the project going forward.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to contribute
$10,000 to the Coalition. Councilmember Menikheim offered an amendment to the motion that this
is the last funding the City will contribute. Councilmember Polehna agreed to the amendment.
Ayes: Councilmembers Menikheim and Polehna, Mayor Harycki
Nays: Councilmembers Cook and Roush
CONSENT AGENDA
13. Resolution 2012 -149, directing payment of bills
14. Resolution 2012 -150, approving Washington County Cooperative Agreement
15. Possible approval of placement of signs for Fire Prevention Week
16. Board of Water Commissioners Financial Statement
17. Resolution 2012 -151, approving the Non Federal Sponsors Self- Certification of
Financial Capability for Agreements (Replaced Item 20)
18. Resolution 2012 -126, approval of Agreement with Daniel Hoisington DBA: Hoisington
Preservation Consultants [This was pulled from August 21, 2012 Consent Agenda, but
was neither discussed nor approved.]
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City Council Meeting September 18, 2012
City Clerk Ward clarified that there was no discussion on item 18 at the August 21, 2012
meeting so it requires action at this time.
Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the
Consent Agenda.
Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case No. 2012 -25. A request from Tisha Palmer for a zoning text amendment regarding Chapter
27, Section 27 for the keeping of chickens in the City of Stillwater.
Community Development Director Turnblad reviewed the request and presented the draft
ordinance as recommended by the Planning Commission. Key points of the ordinance are: up to
five chicken hens on any lot in the City (no roosters); a permit would be good for two years;
applicants would need documentation of education on the keeping of chickens; a chicken coop
and an attached enclosed pen would be required; a fenced exercise yard or a mobile pen would
be required allowing the chickens to get outside the coop and pen. The Commission did not
recommend allowing free range chickens to roam the property.
Mayor Harycki opened the public hearing at 8:00 p.m.
Bob Watson, who was born in Stillwater, stated he raised chickens and roosters in his backyard
without a permit and without problems for many years. He believes citizens should be allowed
to have this educational experience.
Brian McMahon, 1107 First Street North, a neighbor of Tisha Palmer, spoke in support of the
ordinance.
Tisha Palmer, 1115 First Street North, stated many cities across the country allow chickens in
urban settings. She elaborated on the many benefits of raising chickens.
Josh Wykle, 7837 Jamaca Avenue, Grant, said he recently moved to Minnesota and decided not
to live in Stillwater because the City did not allow chickens. He stated chickens are much
cleaner and less noisy than dogs.
Brenda Goeltl, 723 Sixth Street South, told the Council she would like to be able to keep the
chickens she has. She reiterated the benefits of eggs from home - raised chickens.
Peter Schuna, 1220 Broadway Street North, spoke in favor of the City allowing chickens, which
have been a great educational experience for his children.
Judy Watson informed the Council that each of her friend Brenda's chickens have names and
are special to her.
Mayor Harycki closed the public hearing at 8:10 p.m.
Councilmember Roush reminded the audience that the Council has to consider the entire City.
People in his ward don't want chickens because it doesn't fit in their lifestyle. He is not against
allowing chickens in the other parts of the City, but the ordinance cannot be applied only to
certain areas. He cited information from the Centers for Disease Control (CDC) on diseases and
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City Council Meeting
September 18, 2012
germs spread by chickens, and information on salmonella cases in children spread by chickens.
He quoted that the drawbacks of eating backyard eggs far outweigh the benefits according to the
information he obtained. Odor, noise, rodents and an increase in the population of predatory
animals can result.
Councilmember Menikheim asked why residents who oppose the ordinance were not present at
the hearing. He added that everyone faces the threat of salmonella when preparing any chicken.
He does not see evidence supporting the negatives Councilmember Roush presented.
Mayor Harycki read from the CDC web site some of the diseases passed on by dogs.
Councilmember Polehna referenced the title of the ordinance, "Farm Animals," and pointed out
that this is not a farm community, it is a metro area city. He is opposed to the ordinance. He
recalled the complaints about coyotes in town and said allowing chickens would exacerbate that
problem.
Councilmember Cook wondered how many people already have chickens and asked if there
been problems. Members in the audience indicated that there are more chickens in Stillwater
than the Council is aware of.
Motion by Councilmember Menikheim, seconded by Councilmember Cook to approve the first
reading of an Ordinance amending City Code Section 31 -514 relating to the keeping of chickens.
Ayes: Councilmembers Menikheim, Cook, Mayor Harycki
Nays: Councilmembers Roush and Polehna
Mayor Harycki reminded the Council that the second reading of the ordinance will take place at
the next Council meeting.
UNFINISHED BUSINESS
Possible approval of second reading of Ordinance 1049 Amending Sec. 27 -3 of the City Code,
entitled "Keeping of bees."
Community Development Director Turnblad explained this is a second reading with one
modification: requiring adjacent neighbors to be notified, but not to consent. Staff will mail
notices to everyone within 150 feet of anyone applying for a permit. If no objections are
received in 10 days, then staff can issue the permit if the rest of the requirements are met. If
there are objections in that time period, the application will go before the Council to decide
whether to issue the permit.
Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Ordinance
1049, Amending Section 27 -3 of the City Code, entitled "Keeping of Bees."
Ayes: Councilmembers Menikheim, Cook, Polehna and Mayor Harycki
Nays: Councilmember Roush
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City Council Meeting
NEW BUSINESS
September 18, 2012
Possible approval of On -Sale & Sunda liquor license for Reve 324 located at 324 Main Street S
City Clerk Ward noted that the application is to upgrade the existing Wine and Strong Beer
license. Approval should be contingent on approval by City Police, Fire, Finance, Building
Departments, and Minnesota Liquor Control.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution
2012 -153, approving the issuance of an On -Sale and Sunday liquor license for Reve 324 Inc.
located at 324 Main Street South.
Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki
Nays: None
Possible approval of Wine with Strong Beer liquor license for L & L Companies, DBA: Quickfire
Pizza located at 116 Main Street S
City Clerk Ward stated the approval should be contingent upon approval by the City Police,
Fire, Finance, Building Departments, Washington County Health Department, and Minnesota
Liquor Control.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution
2012 -154, approving the issuance of a new Wine and Strong Beer liquor license to L & L
Companies, DBA: Quickfire Pizza located at 116 Main Street South,
Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki
Nays: None
No parking on Laurel and Owens
Public Works Director Sanders explained the proposal is in response to residents' safety
concerns. Washington County approved an in- street pedestrian sign. Removing one parking stall
east of Owens, south of Laurel, would help increase sight distance. He noted that Washington
County prefers not to stripe Owens Street for a crosswalk, but plans to improve Owens Street in
2014 and is considering a more permanent solution to improve safety.
Motion by Councilmember Roush, seconded by Councilmember Cook, to approve Resolution
2012 -155, authorizing no parking at the intersection of Owens Street (CSAH 5) and Laurel Street.
Ayes: Councilmember Roush, Cook, Polehna, Menikheim and Mayor Harycki
Nays: None
COMMUNICATIONS/REQUESTS
Yellow Ribbon Update
Councilmember Polehna reported that $40,000 has been raised to host a pheasant hunt for the
troops. This will accommodate 160 of the troops who have returned from Afghanistan. The goal
is to accommodate 200 troops so the group is trying to raise another $10,000.
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City Council Meeting
Distressed Properties
September 18, 2012
Councilmember Cook asked to revisit this discussion. She and Councilmember Menikheim will
meet with City Administrator Hansen, City Attorney Magnuson and Community Development
Director Turnblad on the issue.
November Calendar
Councilmember Menikheim asked if the November 20 meeting could be moved to November
13 to accommodate a possible trip.
City Clerk Ward agreed to email Councilmembers about the possibility of a meeting date
change so they can check their individual schedules and decide at the next meeting.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:36
Diane F. Ward, City Clerk
Resolution 2012 -126, approval of Agreement with Daniel Hoisington DBA: Hoisington
Preservation Consultants
Resolution 2012 -149, directing payment of bills
Resolution 2012 -150, approving Washington County Cooperative Agreement
Resolution 2012 -151, approving the Non Federal Sponsors Self- Certification of Financial
Capability for Agreements
Resolution 2012 -152, authorizing Staff to Proceed with Design of a Single Fire Station
Resolution 2012 -153, approving the issuance of an On -Sale and Sunday liquor license for
Reve 324 Inc. located at 324 Main Street South.
Resolution 2012 -154, approving the issuance of a new Wine and Strong Beer liquor license
to L & L Companies, DBA: Quickfire Pizza, located at 116 Main Street South.
Resolution 2012 -155, authorizing no parking at the intersection of Owens Street (CSAH 5)
and Laurel Street.
Ordinance 1049, Amending Section 27 -3 of the City Code, entitled "Keeping of Bees."
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