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HomeMy WebLinkAbout6.r. C-1, Convience Commercial District Text Amendment A Zoning Ordinance Text Amendment to Revise and Update the C-1 District Standards, 10-27-TA4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: December 21, 2010 AGENDA ITEM: 10- 27 -TA: C -1, Convenience Commercial District Text Amendment AGENDA SECTION: A Zoning Ordinance Text Amendment to Revise and Update the C -1 District Standards. PREPARED BY: Jason Lindahl, A.I.C.P. AGENDA NO. Planner f ATTACHMENTS: 11 -23 -10 PC Excerpt Minutes, Ordinance APPROVED BY: Amendment, Summary Resolution RECOMMENDED ACTION: 1) Motion to approve the attached ordinance revising and updating Section 11-4 - 10 of the City Code relating to the C -1, Convenience Commercial District. 2) Motion to adopt a Resolution authorizing publication of Ordinance No. B -208 amending Ordinance B, the Zoning Ordinance, Section 11 -4 -10 relating to the C -1, Convenience Commercial District. SUMMARY This item was initiated by staff as part of implementing the 2030 Comprehensive Plan. Staff is in the process of reviewing the zoning ordinance to ensure its compliance with the goals and policies of the 2030 Comprehensive Plan. Staff recommends approval of the proposed changes.to the C -1 district. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their November 23, 2010 meeting. Staff presented the item and the Commission held a public hearing that produced no comments. During the presentation, staff emphasized that the changes proposed to the C -1 district are consistent with those made to Rosemount's other commercial districts. Commissioner Powell asked questions about how the proposed ordinance changes could have impacted the expansion of Tops Pizza. Staff replied that Tops Pizza choose to proceed with their expansion rather than wait for this amendment to be approved. As a result, the expansion will meet the current 100% brick requirement rather than the mix of exterior materials proposed under the ordinance revision. With no other questions from the Commission, they then voted unanimously to recommend the City Council approve the zoning ordinance text amendment to the C -1, Convenience Commercial district. BACKGROUND The purpose of the C -1, Convenience Commercial district is to provide residential neighborhoods with convenient shopping as well as personal and professional services that serve the needs of the surrounding residents. Convenience commercial districts typically occupy a small area at the intersection of two (2) collector streets and provide a gateway into a neighborhood. The zoning standards for the C -1, Convenience Commercial district are outlined in Section 11 -4 -10. Currently, only two properties within the city are zoned C -1 and both are located in the southwest quadrant of Chippendale Avenue and 145' Street West. One property contains a Super America gas station and convenience store while the other contains a nearly 10,000 square foot multiple tenant strip mall (Top's Pizza, J & D Laundromat, and Northwest Martial Arts). ISSUE ANALYSIS The following is a summary of the proposed changes to the C -1, Convenience Commercial district. Detailed 9&Aethre"gh and underline changes can be found in the attached draft ordinance. Overall, the proposed changes seek to establish consistent standards throughout the different commercial zoning districts while complying with the goals and policies of the 2030 Comprehensive Plan. Specifically, the proposed changes would make revisions to the following sections of the C -1 District: Permitted Uses, Accessory Uses, Conditional Uses, Interim Uses, Minimum Lot Requirements, and Additional Design Standards. The section, proposed change and rationale for the text amendments are detailed in the table below. C -1, Convenience Commercial - Proposed Zoning Standards Changes Section Pro osed Change Rationale Permitted Update Retails Sales, Professional Services, and Personal Services terminology Create Consistent Commercial Zonin Standard Uses Increase max. size from 2,500 to 15,000 sq. ft. Market conditions Accessory . Add Sign and Outdoor Display /Sales, Subject to Create Consistent Commercial Uses Standards Zoning Standard Add Drinking Establishments (On -Sale) Exclude Primary and Secondary Schools from Educational Services Conditional Create Consistent Commercial Zoning Standard Replace Self Service Gasoline Sales with Non- Service Stations Retail Facilities Having Gasoline Uses Pumps Add Outdoor Seating for Eating and Drinking Establishments, Subject to Standards Add Definition for Teen Center Clarify the Primary and Secondary Activities Allowed in this Use. Interim Add all Interim uses allowed in the C -3 District Create Consistent Commercial Uses (Currently Limited to Transient Merchants). Zoning Standard Minimum Lot Remove Redundant Reference to Maximum Lot Remove Redundant Standard Requirements Coverage Additional Replace Additional Design Standards with Site & Create Consistent Commercial Design Building Standards from C -3 and C -4 Districts Zoning Standard Standards In reviewing the C -1 district standards, staff determined the need to clarify the primary and secondary activities associated with a Teen Center use. As such, staff proposes adding the following definition to the Zoning Ordinance: 2 Teen Center. A premises specifically open to person between 13 and 19 years of age the primary function of which is the opportunity to engage in social activities. Secondary functions may include: food or beverages services (excluding alcoholic beverages), gaming, live or prerecorded music, or dancing. Teen Centers shall not include activities defined as Arcade Parlors, Billiard Halls, Dance Clubs, or the like. RECOMMENDATION Approve the Ordinance amendment consistent with the Planning Commission and staff recommendations and adopt the resolution authorizing publication of the ordinance amendment. 3 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING NOVEMBER 23, 2010 c. C1 Convenience Commercial District Text Amendment to Review and Update the C -1 District Standards (10- 27 -TA). This item was initiated by staff as part of implementing the 2030 Comprehensive Plan. Staff is in the process of reviewing the zoning ordinance to ensure its compliance with the goals and policies of the 2030 Comprehensive Plan. Staff recommends approval of the proposed changes to the C -1 district to meet the goals and policies of the Comprehensive Plan and create consistency with other commercial zoning standards. Planner Lindahl reviewed the staff report. Commissioner Powell asked how the change to eating and drinking establishments would affect the Tops Pizza business within the C1 district. Mr. Zweber replied that Tops Pizza currently has a 3.2 liquor license but they are currently in the progress of expanding and will also be expanding their liquor license. Commissioner Powell asked about the current expansion to the strip mall and how it would be affected by the ordinance amendment. Mr. Zweber stated the expansion will make the restaurant over the 2500 square feet with 3 tenants and that the current C1 ordinance requires an exterior of 100% brick. The Applicant chose to build it before the ordinance amendment with 100% brick wherein if he had chosen to wait until after the amendment came into effect, he would have been able to partial brick with other materials. Mr. Zweber further stated that a site plan review is required by the Commission only if the expansion is an increase of over 30% and the strip mall expansion came in just under that percent. The public hearing was opened at 7:20p.m. There were no further public comments. MOTION by Kolodziejski to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:20p.m. MOTION by Kolodziejski to recommend the City Council approve the attached draft ordinance revising and updating Section 11 -4 -10 of the City Code relating to the C -1, Convenience Commercial District. Second by Irving. Ayes: 4. Nays: None. Motion approved. Mr. Lindahl stated this item is scheduled to go to the City Council for approval at the December 21, 2010, meeting. City of Rosemount Ordinance No. B- 208 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE C -1, CONVENIENCE COMMERCIAL ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11 -4 -10 is hereby amended as follows: 11 -4 -10: C -1 CONVENIENCE COMMERCIAL DISTRICT: A. Purpose and Intent: The purpose of the convenience commercial district is to provide residential neighborhoods with convenience shopping and personal services that could serve the daily and weekly needs of the adjoining residents. Convenience commercial districts typically occupy a small area at the intersection of two (2) collector streets, or streets of higher classification, and provide a gateway into the neighborhood. These convenience commercial centers are meant to provide services and goods only for the surrounding neighborhoods and are not intended to serve the entire community. Zoning standards are intended to promote compatibility in form, function and style. The district is intended to be compatible within a residential neighborhood context. Therefore, the number of permitted uses is limited and the scale of uses is comparatively small. B. Permitted Uses: The following uses are permitted uses in the C -1 district: 1. Essential service facilities. 3. Retail sales no larger than fifteen thousand (15,000) square feet, including automobile parts, books and stationery, clothing, drug, gifts and novelties, groceries, furniture and hardware, hobby, video sales, jewelry, and sporting goods stores or the like. Automobile sales, new or used, and Off -Sale Liquor are prohibited. 5. Professional services and offices no larger than fifteen thousand (15,000) square feet, including architects and attorney offices, dental and medical clinics, financial services, insurance providers, real estate businesses and the like. 7. Personal services no larger than fifteen thousand (15,000) square feet, including barber and beauty shops, fitness centers, laundry services, shoe repair, photography and video rental excluding funeral service and crematory facilities, massage, body piercing, tattoo and pawn shops. C. Accessory Uses: The following uses shall be permitted accessory uses: 1. Accessory apartments provided they are located above the first floor. 2. Construction office, temporary. 3. Fences as regulated by this title. 4. Off street parking as regulated by this title, but not including semitrailer trucks. (Ord. B -117, 9 -18 -2001; amd.Ord. B- 145,11 -3 -2004) 5. Outdoor display /sales and storage. Outdoor display /storage or sales of goods shall be allowed on the private sidewalk immediately in front of the principal building, provided that: a. The outdoor display /storage or sales area shall not block a handicap accessible route and shall maintain a minimum four foot (4'1 clearance for pedestrian access. b. The outdoor displayy /age or sales area does not exceed four feet (4') in height and is maintained in an orderly fashion. c. No public address system shall be audible from a noncommercial or nonindustrial use or district. d. Outdoor displa-y /storage or sales shall only be conducted by the owner or lessee of the premises. e. Only merchandise that is normally manufactured. sold, or stored by the occupant on the premises shall be sold and /or promoted. 6. Signs as regulated by this title. D. Conditional Uses: The following uses are conditional uses in the C -1 district, and are subject to the conditional use permit provisions outlined in this title: 2 1. Child daycare services. Licensed daycare facilities must meet the following conditions: a. Pick up and drop off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements. b. Outdoor recreational area shall be located and designed in a manner which mitigates visual and noise impacts on any abutting residential parcels. c. Such facilities shall obtain all applicable state, county, and city licenses. 2. Eating and drinking establishment as part of multi- tenant or mixed use building. These establishments include such places as restaurants and cafeterias and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds, provided the following conditions are met: a. The gross floor area of the restaurant shall not exceed three thousand (3,000) square feet. b. Drive -up window service aim or exterior loudspeakers shall not be permitted. 3. Educational services excluding elementary and secondary schools, as part of a multi- tenant or mixed use building, including arts and crafts, dance and music instruction and self - defense and similar individual or small group educational services. 4. Multiple parcels, tenants, buildings provided that the uses are specified as permitted accessory or conditional uses in the C -1 district. 5. Self serviee gitsefine stAes, iteeessary to eafwerAeftee stetes, 9*eet to the feUevAng, a. (35') from any pi-aperty hne. c. Lighting shftR be teeessed at shielded so its to h&ve no dkeet getwee of hght visible from ftdjiteent !*ad or the publie right of w*r. e. if ft pseline serviee station site ineludes ftit aeeessery eitr wash, the site shaR be pIftrmed so as not to L from ft eftr witsh to indn into ft ptiblie street or fteeesses thereto. f. and shftH be subjeet to the *pprewal of the eity. - - - - - c. Lighting shftR be teeessed at shielded so its to h&ve no dkeet getwee of hght visible from ftdjiteent !*ad or the publie right of w*r. e. if ft pseline serviee station site ineludes ftit aeeessery eitr wash, the site shaR be pIftrmed so as not to L from ft eftr witsh to indn into ft ptiblie street or fteeesses thereto. f. and shftH be subjeet to the *pprewal of the eity. g this title. h. Sei-eening and Iftftdse*p* ate 9*eef to regulations of this ti i. Not adjain� residential distriets. 6. Nonservice station retail facilities having, gasoline pumps, subject to the standards listed in the C -3 district. Vehicle repair is prohibited. 7. Outdoor seating or dining, subject to the following. a. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on contiguous properties and /or public rights of way. b. The seating area shall be located on private property along the front. side or rear of the principal building but shall not be located within a required setback or on the side abutting any residential use or district. c. The seating area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. A minimum four foo CQ passageway shall be maintained along the private sidewalk for pedestrians. d. The seating area shall be located in a controlled or cordoned area acceptable to the city with at least one opening to an acceptable pedestrian walk. e. When a liquor license is granted, an uninterrupted enclosure is required and the enclosure shall only have access through the principal building, f. The seatine area shall not be t)ermitted within two hundred feet (200) of anv residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city. The minimum distance from a residential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use. g. No public address system shall be audible from a noncommercial or nonindustrial use or district. 8. Teen Center. a. Outdoor recreational areas shall be located and designed in a manner that mitigates visual and noise impacts on adjacent areas. b. Recreational areas shall be designed to avoid interfering with traffic and pedestrian movements. c. Such facilities shall adhere to city curfews. d. Bicycle parking spaces must be provided and shall be located in a clearly designated, safe and convenient location. E. Interim Uses: 1. Those interim uses listed in the C -3, highway commercial district. F. Minimum Lot Requirements And Setbacks: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. Minimum lot width: One hundred fifty feet (150). 3. Minimum lot depth: One hundred twenty five feet (125). 4. Maximum lot coverage: Seventy five percent (75 %). 5. Minimum front yard setback: a. Principal structure: Thirty feet (30'). b. Accessory structure: Thirty feet (30). 6. Minimum side yard setback: a. Principal structure: Ten feet (10). b. Accessory structure: Ten feet (10'). 7. Minimum rear yard setback. a. Principal structure: Ten feet (10'). b. Accessory structure: Ten feet (10). 8. Parking setbacks: a. Minimum front yard setback: Twenty feet (20). b. Minimum rear yard setback: Ten feet (10). c. Minimum side yard setback: Ten feet (10). 5 d. When there exists an easement for a shared private roadway or drive, the required setback is ten feet (10') from the easement. 9. Buffer yard: Where a C -1 convenience commercial district abuts a residential district, any new development shall include a required buffer strip on the side and rear yards not less than thirty feet (30') in width. This strip shall contain no structures, shall not be used for parking, off street loading or storage, and shall be landscaped. Landscaping shall include sod or seeded grass, and planting of trees and shrubbery. A screen wall or fence not less than fifty percent (50 %) opaque, nor less than three feet (3') in height shall be erected to provide sufficient screening of the commercial parking. 10. Maximum building height: a. Principal structure: Thirty five feet (35). b. Accessory structure: Eighteen feet (18). 11. NIftxftftum lot eeverftge, Seventy five pereent (7599.- 12. District size: a. Minimum: One acre. b. Maximum: Three (3) acres. 1. Aeeess And P*r 2. - - l` - -- - - - - -- - - - -:tea= - -- - - - - - -- - - - -- -- Y- __ _ _• 3. . a. ' 6 4. a. , it both design and bulb e7'Pe. b. Any light fixtute be in light is must pIfteed meh it nwmfter that ite emkting sorfftee visible when viewed at gratmd leveh. mest shielded to c. Light direeted upward is prohibited. Extermlly fit signs, display, lighfifig be lit from downward. high6ag be must the top and shine prevefte direet _la mest shielded to Y_ _ _ _ H. Site And Building Standards: To prevent urban blight and ensure quah;1y long lasting construction compatible with both adjacent properties and those throughout the district, all sites and buildings shall comply with the following standards, as well as applicable sections of this title: 1. Architectural Appearance: While variation in materials and colors that support the_general theme may be allowed, the overall building should have "360 degree" architecture. Any variations shall focus the highest level of architectural detail, material variation, facade articulation, or roofline enhancements on those elevations that face a public right- of-way. Nonearth tone materials shall be limited to architectural accents. The color of the nonbrick or stone portion of the building shall match the predominant brick or stone color portion. 2. Buildine Massing: Facades shall be articulated to reduce their mass and scale and provide visual interest consistent with Rosemount's identit,. character, and scale. Large uninterrupted building walls or elevations are prohibited. Corner architectural elements are encouraged to define the edges of a building. A building more than one hundred feet (1 007 in width shall be divided into increments of no more than thirty feet (30') through the articulation of the facade. This shall be achieved through combinations of the following techniques: a. Divisions or breaks in the materials. b. Arcades, features, entry , eatures, window bays, or the like. c. Variations in rooflines or slope Mane. d. Variation in building plane or setback. e. Equivalent techniques approved by the city. 3. Permitted Materials: The exterior wall surfaces of all buildings shall be constructed of at least fifty- percent 50Lo) brick or natural stone. The remaining fifty_percent (50 o of the wall surface may be specialty integral colored concrete block (including textured burnished. and rock faced block), file (masonry, stone or clay), architectural textured concrete panels cast in place, or better. EIFS or masonry stucco may be used for the sign band areas and /or architectural accents totaling no more than ten percent (10L6) of the nonglass, brick or stone portion of the building. Unadorned concrete is prohibited. 4. Pedestrian Circulation: Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles. Clear and well lighted walkways shall extend throughout the site and parking area(s) connecting building entrances to adjacent public sidewalks and any parking_ facilities located on the site. a. Walkway(s) shall be made of high duality, long lasting, and decorative materials and incorporate architectural themes present in the surrounding building. Bituminous or asphalt materials are prohibited. b. A walkway at least six feet (Q wide shall extend along any facade featuring a customer entrance and any facade abutting a parking or maneuvering area. c. A continuous and permanent concrete curb not less than six inches (6 ") above grade shall separate internal sidewalks from parking, loading, stacking and maneuvering areas. d. Concrete sidewalks, five feet (5 in width, shall be provided on all commercial property abutting any collector or arterial street. 5. Lighting_ Lighting shall be consistent in character throughout the entire grope site, in both design and bulb type. a. Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public /private roadway. walkway, trail or other public way when viewed at ground level. b. Light shall be directed toward the ground. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent directglare. c. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at any nonresidential property line. d. The maximum height for exterior lighting is twenty feet (20'). e. All nonessential lighting will be required to be turned off after business hours, leavine only the necessary lighting for site security. 6. Parking Lots: To reduce the impact of large expanses of paved surfaces, provide a more pedestrian friendly environment and provide adequate room for snow storage, all parking areas (including driveways and drive aisles) shall be screened and landscaped. Trees. shrubs, flowers and ground cover needed in these areas shall be in addition to the minimum number of trees and foundation plantings required by this title. Screening: Landscaping and berming shall be a primary source for screening parking areas. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and /or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty five feet (25') without a change in architecture to reduce their mass and appearance. The screening source Oandscaping and bermin or walls and/or decorative fencing) shall provide a minimum fifth percent (50 %) opaciM screen to a height of at least four feet (4'). b. Landscaping: A minimum often percent (l0%) of the parking area shall be landscaped. This landscaping shall be located on islands, peninsulas or the like within the perimeter of the parking area. The islands or peninsulas shall be a minimum eight and one -half feet (8.5� wide and extend the length of the adjacent parking _stall(s�. These dimensions may be altered to provide sufficient area for the proposed landscaping to mature. 2. To ensure this landscaping is prMerlpersed, a minimum of one island, peninsulas or the like shall be located within each six thousand (6.009) square feet of vehicular use area. 3. A minimum of one tree shall be required for each two hundred fifty (250) square feet or fraction thereof, of required landscape area. Deciduous trees shall have a clear trunk of at least five feet (5') above the ground and a caliper of at least two and one - half inches L2.5"). Coniferous trees shall be at least four feet (4') in height. The remaining area shall be landscaped with shrubs or ground cover (not to include rocks or gravel except as a mulch around shrubs and ground cover) not to exceed two feet (2') in height. 7. Landscaping: All areas of land other than those occupied by building or hardcover shall be landscaped with a combination of sod and plantings. Rock or mulch may only be used as an accent material around sod or pjanji s. Trees shrubs flowers and ground cover needed in these areas shall be in addition to the minimum number of trees and foundation plantings required by this title. All landscaped areas shall be irrigated. Portions of the site may be exempt from these requirements where future development or expansion is planned. These areas shall either be graded and seeded with prairie grass in accordance with the city of Rosemount grading requirements or remain as undisturbed natural areas containing_ existing viable natural vegetation that can be maintained free of foreign and noxious 121ant material and will not produce soil erosion due to potential increases m storm water runoff. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 21ST day of December 2010. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of , 2010. 10 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2010 - A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -208 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE C -1, CONVENIENCE COMMERCIAL DISTRICT WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of this amendment after holding public hearings on November 23, 2010; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -208 amending the City of Rosemount Zoning Ordinance B relating to the C -1, Convenience Commercial District; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B -208 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their December 21, 2010 meeting, the City Council of the City of Rosemount adopted Ordinance No. B -208. The ordinance amends Section 11 -4 -10 of Ordinance B, the Zoning Ordinance relating the C -1, Convenience Commercial district. In summary, the new ordinance makes the following eleven (11) changes: 1. Update Retails Sales, Professional Services, and Personal Services terminology. 2. Increases the maximum use size from 2,500 to 15,000 square feet. 3. Add Signs and Outdoor Display /Sales as accessory uses subject to standards. 4. Add Drinking Establishments (On -Sale) as a conditional use. 5. Exclude Primary and Secondary Schools from Educational Services as a conditional use. 6. Replace Self Service Gasoline Sales with Non - Service Stations Retail Facilities Having Gasoline Pumps as a conditional use. 7. Add Outdoor Seating for Eating and Drinking Establishments subject to Standards as a conditional use. 8. Add a definition for Teen Center as a conditional use. Resolution 2010- 9. Adds Interim uses and designates that they shall be the same as those allowed in the C- 3, Highway Commercial district. 10. Removes redundant reference to maximum lot coverage. 11. Replace Additional Design Standards with Site & Building Standards from C -3 and C -4 Districts. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -208 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 21' day of December, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk