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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_10092013PLANNING AND ZONING MEETING IONA COMMUNITY CENTER OCTOBER 9, 2013 6:30 P.M. PRESENT: Chairman Dan Garren, Members - Roy Hobbs, Melanie Shirling, Mike Taylor, Police Chief Shannon Basaraba and Clerk Julie Hammond. ABSENT: P&Z Member Bette Lovinus. VISITORS: Thomas Julien, Catherine Julien, Lawrence Burke, Juanita Burke, Nolan Getsinger, Kathy McNamara, Terry McNamara, Sunnie Dunthorn, Shad Dunthorn, Jolyn Louk, Angie Fransen, Delbert Sorenson, and Ryan Walker. The Pledge of Allegiance was led by Member Shirling. Chairman Garren recognized citizens from the floor. Minutes Approved: Member Shirling asked to include the statement, "Chairman Garren advised that this was outside of Iona's Impact Area so it didn't apply." under Planning & Zoning Minutes, Communication Tower on Panorama Hill, September 11, 2013. Member Taylor motioned to approve the minutes with the change. Member Shirling seconded the motion. All were in favor, motion carried. Inoperative or Unregistered Motor Vehicles Public Hearing — 6:30 p.m.: Chairman Garren stated the right amount of government is the least amount of government. Planning & Zoning had recommended an Inoperative or Unregistered Motor Vehicles Ordinance two years ago but Council denied the ordinance, hoping the problem would remedy itself. Since that time it has become a bigger problem and this is why the ordinance is being proposed again. Chairman Garren explained the Public Hearing Process and asked Chief Basaraba to read and explain the proposed ordinance. Chief Basaraba explained that three years ago there were complaints in town over inoperative and unregistered vehicles in people's yards. He explained that there were two conflicting ordinances and that is how and why this ordinance came about. Chief Basaraba thought there should be an ordinance in place to help prevent junk yards but that it needed to be reasonable. He explained inoperative and unregistered motor vehicles. He stated that under Section B you could get a permit extending the time from 30 days to one year for a vehicle parked in the front or side yard. This permit could be obtained at the City Office at no charge and could be renewed. Section C of the proposed ordinance states that you are allowed two vehicles in the rear yard, side yard or combination thereof. He asked the committee to judge if two was a reasonable number. Section D allows for a permit in the front yard if the motor vehicle is being repaired or restored in a timely manner or the lot is of such shape or size that storage or parking is not feasible within the rear or side yard. Chief Basaraba concluded that he thought this was a necessary ordinance. Chairman Garren opened the public portion of the hearing. Lawrence Burke of 5459 Rockwood stated he was opposed. The ordinance is unlawful and asked if the ordinance passed would it be a misdemeanor or infraction. How often could you be ticketed? Chief Basaraba stated, as it is written now, it would be a misdemeanor and would be given a time frame for resolution. This offence could be ticketed every day thereafter until it is taken care of. Terry McNamara of 3753 North 55th East stated he was opposed. He stated that this was a smoke screen to take away their rights. Chairman Garren asked if he had any suggestions. Mr. McNamara indicated that you could be neighborly and ask them to take care of the problem or use the nuisance ordinance. He stated that the property is his, he paid for it and the City shouldn't tell him what to do. Lawrence Burke of 5459 Rockwood stood again and stated that according to this ordinance, his motorcycle that he parks in his driveway and does not register until spring is making him a criminal. He thought the City was over stepping their authority and agrees with the nuisance law. Nolan Getsinger of 5434 Steele Ave stated he was opposed. He has a camper and motor bus that aren't registered until June or July. This would make him in violation. He suggested talking to your neighbor and agree to disagree. Angie Fransen of 5482 Rockwood stated she was opposed. Ordinances are supposed to serve and protect. We have farm vehicles that are parked for long periods of time until used in the field. Ms. Fransen suggested the nuisance ordinance shouldn't be addressed unless it is an eye sore. Chairman Garren asked to explain how the nuisance ordinance is enforced. Chief Basaraba explained that State Law requires the homeowner to file a complaint. The homeowner is then required to appear in court to testify. Chief Basaraba stated that people don't want to file complaints against their neighbors. Ryan Walker of 5134 Hansen stated he was neutral. He indicated he was confused why this was being brought up when there were two obvious businesses on each end of town with the same offense. Chairman Garren stated that the property was zoned differently for the businesses than residents. He stated that the impact associated with inoperative or unregistered motor vehicles infringes on neighbors rights. Kathy McNamara of 3753 North 55th East stated she was opposed. She stated it was their right to have cars. They are not forced to cover the cars but they do out of pride. Jolyn Louk of 5428 Rockwood stated she was opposed. She stated she feels the same as everyone else. She stated that the backyard was snuck in the ordinance. She gave an example of a person holding on to a non -registered vehicle for a child for when they can drive. Ms. Louk understood if it were for a safety concern but it is not. She stated that the patio home brings down the value of homes next to them and said that cars can be moved but homes cannot. Ms. Louk stated that a line has been crossed and she is opposed to rear yards being included in the ordinance. She stated that this was a small community and only four homes are truly affected by this. She stated that if she were told she couldn't have cars in her yard, then she'd put nine more cars in her yard. Delbert Sorenson of 5276 Rockwood stated he was in favor of the ordinance. He indicated that we were tying the hands of our police officer. The City of Iona is not like it was thirty years ago. We need to take pride in our yard and pride in our neighbor's yard. How many vehicles are on City properties that are only driven four or five months out of the year? Register and store your vehicles. Don't clutter up the City's property. a Catherine Julien of 4875 Free Circle stated she was in favor of the ordinance. She stated she has a neighbor four houses down that have nine cars in their yard. The front yard has ruts in it from pulling vehicles in and out. Some vehicles have wheels missing and cats live in the cars. She also stated that she didn't want to have to talk to her neighbors about the cars in their yard, that it was frightening to have to speak to neighbors about this. Thomas Julien of 4875 Free Circle stated he was in favor of the ordinance. He stated it was obvious that the nuisance law was not addressing the problem. What was being done to alleviate the problem? Chief Basaraba stated that people do not want to sign complaints against their neighbors. If neighbors want to sign a complaint then something can be done. Chairman Garren thanked everyone for their comments and closed the public portion of the hearing at 7:25 p.m. Chairman Garren asked Chief Basaraba if he looked for existing ordinance violations or if he went by complaints. Chief Basaraba indicated he does not go looking for ordinance violations. P&Z Member Hobbs believes there are open ends of this ordinance for people that serve the community such as, Military, Missionaries, and medical conditions. He agrees that property owners have a right to do what they want with their property. P&Z Member Shirling asked to remove "or greater" from the fence requirements "of 6' or greater." She asked if there was a limit to renewing the permits. Chief Basaraba stated that there wasn't a limit indicated in the ordinance. Chairman Garren indicated that the permit would take care of Member Hobbs' concern for people serving the community. Member Shirling thought talking with your neighbor was a great concept but not a reality. She indicated that two vehicles was a reasonable number and supports the ordinance. P&Z Member Taylor stated that he would rather not get involved with this but in some circumstances you have too. He thought two vehicles was a reasonable number; five, six, or seven would be excessive. Chairman Garren suggested striking "side yard" from Section C because it was redundant and suggested adding the option of a 6' hedge for enclosure. He recommended in Section D 1 striking the statement, "is not being undertaken for commercial purposes or for re -sale." Short of that Chairman Garren did not see this ordinance as unreasonable. He noted written comments from P&Z Member Lovinus who was not in attendance. P&Z Member Taylor motioned to approve recommendation to Council of the Inoperative or Unregistered Motor Vehicles Ordinance with the above mentioned corrections. P&Z Member Shirling seconded the motion. All were in favor, motion carried. Bonneville County Area of Impact Agreement: P&Z Member Hobbs stated that schedules did not match with Steve Serr, Bonneville County Planning & Zoning and would have to carry this item forward. Action Items at a Glance: P&Z Member Roy Hobbs — Meeting with Steve Serr for process of extending the impact area. Clerk Hammond — Have Comprehensive Plan put on t City's} gbsite. Meeting Adjourned 7:45 p.m. PLANNING AND ZONING MEETING IONA COMMUNITY CENTER OCTOBER 9, 2013 6:30 P.M. PRESENT: Chairman Dan Garren, Members - Roy Hobbs, Melanie Shirling, Mike Taylor, Police Chief Shannon Basaraba and Clerk Julie Hammond. ABSENT: P&Z Member Bette Lovinus. VISITORS: Thomas Julien, Catherine Julien, Lawrence Burke, Juanita Burke, Nolan Getsinger, Kathy McNamara, Terry McNamara, Sunnie Dunthorn, Shad Dunthorn, Jolyn Louk, Angie Fransen, Delbert Sorenson, and Ryan Walker. The Pledge of Allegiance was led by Member Shirling. Chairman Garren recognized citizens from the floor. Minutes Approved: Member Shirling asked to include the statement, "Chairman Garren advised that this was outside of lona's Impact Area so it didn't apply." under Planning & Zoning Minutes, Communication Tower on Panorama Hill, September 11, 2013. Member Taylor motioned to approve the minutes with the change. Member Shirling seconded the motion. All were in favor, motion carried. Inoperative or Unregistered Motor Vehicles Public Hearing — 6:30 p.m.: Chairman Garren stated the right amount of government is the least amount of government. Planning & Zoning had recommended an Inoperative or Unregistered Motor Vehicles Ordinance two years ago but Council denied the ordinance, hoping the problem would remedy itself. Since that time it has become a bigger problem and this is why the ordinance is being proposed again. Chairman Garren explained the Public Hearing Process and asked Chief Basaraba to read and explain the proposed ordinance. Chief Basaraba explained that three years ago there were complaints in town over inoperative and unregistered vehicles in people's yards. He explained that there were two conflicting ordinances and that is how and why this ordinance came about. Chief Basaraba thought there should be an ordinance in place to help prevent junk yards but that it needed to be reasonable. He explained inoperative and unregistered motor vehicles. He stated that under Section B you could get a permit extending the time from 30 days to one year for a vehicle parked in the front or side yard. This permit could be obtained at the City Office at no charge and could be renewed. Section C of the proposed ordinance states that you are allowed two vehicles in the rear yard, side yard or combination thereof.; He asked the committee to judge if is this two is a reasonable number?, Section D allows for a permit in the front yard if the motor vehicle is being repaired or restored in a timely manner or the lot is of such shape or size that storage or parking is not feasible within the rear or side yard. Chief Basaraba concluded that he thought this was a necessary ordinance. Chairman Garren opened the public portion of the hearing. Lawrence Burke of 5459 Rockwood stated he was opposed. The ordinance is unlawful and asked if the ordinance passed would it be a misdemeanor or infraction,? How often could you be ticketed? Chief Basaraba stated, as it is written now, it would be a misdemeanor and would be given a time frame for resolution. This offence could be ticketed every day thereafter until it is taken care of. l Formatted: Top: 0.56" Terry McNamara of 3753 North 55th East stated he was opposed. He stated that this was a smoke screen to take away their rights. —Chairman Garren asked if he had any suggestions. Mr. McNamara indicated that you could be neighborly and ask them to take care of the problem or use the nuisance ordinance. He stated that the property is his, he paid for it and the City shouldn't tell him what to do. Lawrence Burke of 5459 Rockwood stood again and stated that according to this ordinance, his motorcycle that he parks in his driveway and does not register until spring is making him a criminal. He thought the City was over stepping their authority and agrees with the nuisance law. Nolan Getsinger of 5434 Steele Ave stated he was opposed. He has a camper and motor bus that aren't registered until June or July. This would make him in violation. He suggested talking to your neighbor and agree to disagree. Angie Fransen of 5482 Rockwood stated she was opposed. Ordinances are supposed to serve and protect. We have farm vehicles that are parked for long periods of time until used in the field. Ms. Fransen suggested the nuisance ordinance shouldn't be addressed unless it is an eye sore. Chairman Garren asked to explain how the nuisance ordinance is enforced. Chief Basaraba explained that State Law requires the homeowner to file a complaint. The homeowner is then required to appear in court to testify. Chief Basaraba stated that people don't want to file complaints against their neighbors. Ryan Walker of 5134 Hansen stated he was neutral. He indicated he was confused why this was being brought up when there were two obvious businesses on each end of town with the same offense. Chairman Garren stated that the property was zoned differently for the businesses than residents. He stated that the impact associated with inoperative or unregistered motor vehicles infringes on neighbors rights. Kathy McNamara of 3753 North 55th East stated she was opposed. She stated it was their right to have cars. They are not forced to cover the cars but they do out of pride. Jolyn Louk of 5428 Rockwood stated she was opposed. She stated she feels the same as everyone else. She stated that the backyard was snuck in the ordinance. She gave an example of a person holding on to a non -registered vehicle for a child for when they can drive. Ms. Louk understood if it were for a safety concern but it is not. She stated that the patio home brings down the value of homes next to them and said that cars can be moved but homes cannot. Ms. Louk stated that a line has been crossed and she is opposed to rear yards being included in the ordinance. She stated that this was a small community and only four homes are truly affected by this. She stated that if she were told she couldn't have cars in her yard, then she'd put 9 more cars in her yard. Delbert Sorenson of 5276 Rockwood stated he was in favor of the ordinance. He indicated that we were tying the hands of our police officer. The City of Iona is not like it was thirty years ago. We need to take pride in our yard and pride in our neighbor's yard. How many vehicles are on City properties that are only driven four or five months out of the year? Register and store your vehicles. Don't clutter up the City's property. Catherine Julien of 4875 Free Circle stated she was in favor of the ordinance. She stated she has a neighbor four houses down that have nine cars in their yard. The front yard has ruts in it from pulling vehicles in and out. Some vehicles have wheels missing and cats live in the cars. She also stated that she didn't want to have to talk to her neighbors about the cars in their yard, that it was frightening to have to speak to neighbors about this. Thomas Julien of 4875 Free Circle stated he was in favor of the ordinance. He stated it was obvious that the nuisance law was not addressing the problem. What was being done to alleviate the problem? Chief Basaraba stated that people do not want to sign complaints against their neighbors. If neighbors want to sign a complaint then something can be done. Chairman Garren thanked everyone for their comments and closed the public portion of the hearing at 7:25 p.m. Chairman Garren asked Chief Basaraba if he looked for existing ordinance violations or if he went by complaints. Chief Basaraba indicated he does not go looking for ordinance violations. P&Z Member Hobbs believes there are open ends of this ordinance for people that serve the community such as Military, Missionaries, and medical conditions. He agrees that property owners have a right to do what they want with their property. P&Z Member Shirling asked to remove :or greater_ from the fence requirements :of 6' or greater." She asked if there was a limit to renewing the permits. Chief Basaraba stated that there wasn't a limit indicated in the ordinance. Chairman Garren indicated that the permit would take care of Member Hobbs' concern for people serving the community. Member Shirling thought talking with your neighbor was a great concept but not a reality. She indicated that two vehicles was a reasonable number and supports the ordinance. P&Z Member Taylor stated that he would rather not get involved with this but in some circumstances you have too. He thought two vehicles was a reasonable number; five, six, or seven would be excessive. Chairman Garren suggested striking _side yard: from Section C because it was redundant and suggested adding the option of a 6' hedge for enclosure. He recommended in Section D 1 striking the statements :is not being undertaken for commercial purposes or for re -sale.: -Short of that Chairman Garren did not see this ordinance as unreasonable. He noted written comments from P&Z Member Lovinus who was not in attendance. P&Z Member Taylor motioned to approve recommendation to Council of the Inoperative or Unregistered Motor Vehicles Ordinance with the above mentioned corrections. P&Z Member Shirling seconded the motion. All were in favor, motion carried. Bonneville County Area of Impact Agreement: P&Z Member Hobbs stated that schedules did not match with Steve Serr, Bonneville County Planning & Zoning and would have to carry this item forward. Action Items at a Glance: P&Z Member Roy Hobbs — Meeting with Steve Serr for process of extending the impact area. Clerk Hammond — Have Comprehensive Plan put on the City's website. Meeting Adjourned 7:45 p.m. City of Iona ri4 From: Bette <blovinus@cableone.net> Sent: Tuesday, September 24, 2013 1:56 PM To: 'City of Iona' Subject: RE: INOPERATIVE OR UNREGISTED MOTOR VEHICLES PROPOSED ORDINANCE FOR OCTOBER PUBLIC HEARING Julie, This did not help me with ordinance 11-11-24. I guess at this time, there is not one available to read. Is the City Council still working on approving it and then does it go back to the attorney? It might be helpful to get a copy of 11-11-24 from the attorney in case someone else from PZ wants to know what it states like I did. The Inoperative or Unregistered Motor Vehicles that was attached to this email corrected the one you originally sent us on the 5ih. I would say that at PZ, the one that has 11-11-24(A) is the one that you would want to discuss and approve or not approve and the one with 11-11-24(B) be discarded. . Now, my comments regarding this new proposed ordinance. 1. I feel that there is a need to have this ordinance to help stem the pile up of vehicles around a house. Being able to have 3 total on a lot is more than enough. 2. The wording in part (C) regarding vehicles in the rear yard of the lot needs to be re -worded. Where it states... .that the Rear Yard or Side Yard is fully enclosed by a non -transparent or opaque fence that obscures sight of such vehicle from all directions and such fence is of a height of 6 feet or greater" should read "....that the Rear Yard or Side Yard is fully enclosed by a non -transparent or opaque fence that is of a height of 6 feet or greater. My reasoning for this is that I have a truck stored in my back yard (behind a 6 ft. fence) but from a neighbor's house or back step, you can see over the fence and see the vehicle. That would mean I am in violation because the vehicle can be see from all directions. When you are in the yard, you only see the very top of the vehicle. 3. Can the permit be renewed? Is there a cost for this permit and if so, how much? I guess that does it, let me know what the out come is. Thanks. From: City of Iona [mailto:ionaacityofiona.orq] Sent: Monday, September 16, 2013 3:26 PM To: blovinusCla cableone.net Subject: FW: INOPERATIVE OR UNREGISTED MOTOR VEHICLES PROPOSED ORDINANCE FOR OCTOBER PUBLIC HEARING From our Attorney, I hope this helps. I will be out of the office the rest of the week for the AIC Conference in Boise. From: Dale Storer [mailto:dstorer holdenlegal.coml Sent: Monday, September 16, 2013 3:22 PM To: City of Iona Subject: RE: INOPERATIVE OR UNREGISTED MOTOR VEHICLES PROPOSED ORDINANCE FOR OCTOBER PUBLIC HEARING Julie: The cross reference in the definition of "Recreational Vehicle" in section 11-11-25(A) of the Abandoned Vehicle Ordinance to "11-11-24(B) of this Title" has reference to the Recreational Vehicle Ordinance which we drafted earlier. That earlier ordinance adds a new section 24. Unfortunately the cross reference should be to "11-11-24(A)" RIrather than "11-11-24(B)". Attached hereto is a revised copy of the Abandoned Vehicle Ordinance which corrects that typo. Otherwise, we just need to make sure the Recreational Vehicle Ordinance is passed first. Call me if you have any questions. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; PROHIBITING THE PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES WITHOUT A PERMIT IN THE FRONT YARD OR SIDE YARD OF ANY LOT LOCATED WITHIN A RESIDENTIAL ZONE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Adoption of New Section 11-11-25, City Code: A new section 11-11-25 of the Iona City Code Is hereby adopted as follows: 11-11-25: PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES PROHIBITED IN FRONT AND SIDE YARD RESIDENTIAL LOTS: (A) Definitions: For the purposes of this Section, the following terms shall be defined as follows: Inoperative Vehicle: Motor Vehicle: Any Motor Vehicle, which in its current state is not capable of being used as a means of transportation, whether due to broken, defective or missing parts, including missing or flat tires, missing doors, missing or badly damaged windshields or broken or defective parts essential for movement. Every self-propelled device in, upon, or by which any person or property is or may be transported or drawn upon a highway. Motor Vehicle does not include vehicles moved solely by human power, electrical personal assistive mobility devices and motorized wheel chairs or other such vehicles that are specifically exempt from titling or registration requirements under Title 49, Idaho Code. The term also includes a Recreational Vehicle. -1- Open Space: Any area on a lot which is vacant or not occupied by a residential building or accessory building. Recreational Vehicle: Such term shall have the same meaning as ascribed in section 11-11-24(A) of this Title. Unregistered Vehicle: Any Motor Vehicle which is not currently registered under Title 49, Chapter 4, Idaho Code or any Motor Vehicle which does not bear current license plates or decals issued by the State of Idaho or any other State or is not currently registered in such other State. Yard: Yard, Front: Yard, Rear: Yard, Side: An open space on the same lot with a principal building or group or buildings, which is unoccupied by a building or structure used for human habitation or accessory use. A yard lying between the front lot line and the nearest foundation line of the main building and extending across the full width of the lot. A yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line. An open space between the sides of the main building and the side line of the lot and located between the front yard and the rear yard of the lot. (B) Storage of Inoperative or Unregistered Motor Vehicles in Front or Side Yards: It shall be unlawful for any person to park, store or allow the parking or storage of any Inoperative or Unregistered Motor Vehicle within the Front Yard of any lot located in a residential zone within the City, for a period of more than thirty (30) days within any rolling period of six (6) consecutive months, unless such person obtains a permit from the City to park such Motor Vehicle as provided by this section or by section 11-11-24 of this Chapter. (C) Storage of Inoperative or Unregistered Motor Vehicles in Rear Yards: It shall be unlawful for any person to park, store or allow the parking or storage of more than two (2) Inoperative or Unregistered Motor Vehicles in or upon any Rear Yard, Side Yard, or combination thereof, of any lot located in a -2- residential zone for a period of more than thirty (30) days within any rolling period of six (6) consecutive months unless such vehicle or vehicles are stored within a fully enclosed structure or unless such Rear Yard or Side Yard is fully enclosed by a non -transparent or opaque fence that obscures sight of such vehicle from all directions and such fence is of a height of 6 feet (6') or greater. (D) Permit for Vehicles Stored in Front Yard: Notwithstanding the foregoing, the City Council may issue a permit to park, store or allow the parking or storage of not more than one Inoperative or Unregistered Vehicle in or upon a Front Yard for a time period greater than allowed under section (B) above, upon a showing satisfactory to the City Council of any of the following: (1) Such Motor Vehicle is being repaired or restored expeditiously by the owner thereof to an operable condition and the repair or restoration of such Motor Vehicle is owned solely by the owner or occupants of the lot and is not being undertaken for commercial purposes or for re -sale. Such permit shall be for a period of no greater than one (1) year, unless good cause is shown and determined to be satisfactory at the sole discretion of the City Council, or; (2) The lot is of such shape or size that storage or parking of such Motor Vehicle is not reasonably feasible within the Rear Yard or Side Yard of the lot because the Rear Yard or Side Yard is not reasonably accessible or useable for such storage as a result of a topographical feature or other natural characteristic of the lot. Section 2. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 3. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. -3- PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of , 2013. ATTEST: Julie Hammond City Clerk (SEAL) Brad Andersen Mayor -4- STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; PROHIBITING THE PARKING OF INOPERATIVE OR UNREGISTERED MOTOR VEHICLES WITHOUT A PERMIT IN THE FRONT YARD OR SIDE YARD OF ANY LOT LOCATED WITHIN A RESIDENTIAL ZONE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." GAWPDATA\CMS t2708 City of IOnatORDVlbandoned Vehide.ORD.vl.wpd:sm Julie Hammond City Clerk -5-