HomeMy WebLinkAbout2019-03-19 City Council Regular MinutesMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
MARCH 19, 2019
7:00 P.M.
1. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:05 p.m.
11. ROLLCALL
Answering rollcall were Members Anderson, Brindle, Fischer, Staunton, and Mayor Hovland.
111. MEETING AGENDA APPROVED AS PRESENTED
Member Staunton made a motion, seconded by Member Brindle, approving the meeting
agenda as presented.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
IV. COMMUNITY COMMENT
Roberta Castellano, 4854 France Avenue South, shared comments on her recent public data request
regarding Comprehensive Plan Small Area Plan (SAP) work group members as she believed the work
group had not been forthcoming in their motivation and requested information on the true stakeholders.
IV.A. CITY MANAGER'S RESPONSE TO COMMUNITY COMMENTS
City Manager Neal responded to past Community Comments.
V. CONSENT AGENDA ADOPTED AS PRESENTED
Member Brindle made a motion, seconded by Member Fischer, approving the consent
agenda as revised to remove Items V.E., Request for Purchase: South Sanitary Trunk Line
Capacity Evaluation; V.F., Request for Purchase: Minnehaha Trunk Sewer Rehabilitation
Construction Services; V.J., Edina Dockless Bike/Scooter Sharing Pilot Program and
Memorandum of Understanding with Lime for 2019; V.L., Traffic Safety Report of January
29, 2019; and, V.Q., Final Rezoning, and Final Development Plan: Resolution No. 2019-23
and Ordinance No. 2018-15 for 7200 and 7250 France Avenue:
V.A. Approve minutes of the March 5, 2019, Work Session, Closed and Regular Meetings
and the March 6, 2019, Joint Session Meeting
V.B. Receive payment of the following claims as shown as per pre-list dated March 7, 2019,
and consisting of 25 pages: General Fund $191,485.56, Police Special Revenue
$1,389.91, Pedestrian and Cyclist Safety $1,971.08, Conservation & Sustainability
$684.74, Working Capital Fund $221,015.25, PIR Construction Fund $44,353.17, Art
Center Fund $1,658.60, Golf Dome Fund $6,892.37, Aquatic Center Fund $96.10, Golf
Course Fund $320.27, Ice Arena Fund $4,373.26, Sports Dome Fund $10.99,
Edinborough Park Fund $19,191.65, Liquor Fund $193,386.65, Utility Fund
$113,087.78, Storm Sewer Fund $23,214.34, PSTF Agency Fund $1,152.99, MN Task
Force 1 Fund $925.00, HRA Administration $13,122.50, Southdale 2 District
$7,015.00, 50th and France 2 TIF District $907.89: Total $846.255.10; and per pre-list
dated March 14, 2019, and consisting of 37 pages: General Fund $282,906.89,
Pedestrian and Cyclist Safety $11,095.10, Working Capital Fund $74,666.68,
Equipment Replacement Fund $340.00, Art Center Fund $5,636.93, Golf Dome Fund
$2,930.67, Aquatic Center Fund $1,288.87, Golf Course Fund $40,763.65, Ice Arena
Fund $25,812.09, Sports Dome Fund $798.50, Edinborough Park Fund $15,126.62,
Centennial Lakes Park Fund $1,723.28, Liquor Fund $225,582.49, Utility Fund
$504,875.84, Storm Sewer Fund $8,777.72, Recycling Fund $40,461.48, Risk Mgmt 1SF
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Minutes/Edina City Council/March 19, 2019
$293,472.46, PSTF Agency Fund $10,266.46, MN Task Force I Fund $944.33, HRA
Administration $34,538.00, Centennial TIF District $21,562.95, 50th and France 2 TIF
District $23,838.45, Payroll Fund $3,080.90: Total $1.630.490.36; and per credit card
transactions December 26, 2018 through January 25, 2019, and consisting of 21 pages:
General Fund $38,931.02, Police Special Revenue $450.00, Equipment Replacement
Fund $12.86, Golf Dome Fund $59.60, Golf Course Fund $2,915.34, Ice Arena Fund
$5,711.15, Sports Dome Fund $95.00, Edinborough Park Fund $839.56, Centennial
Lakes Park Fund $2,273.67, Liquor Fund $1,171.70, Utility Fund $3,371.00, Storm
Sewer Fund $140.00, PSTF Agency Fund $1,566.63, MN Task Force 1 Fund $188.30,
50th and France 2 TIF District $313.41: Total $58,039.24
V.C. Adopt Ordinance No. 2019-02; Proposed Increase in Xcel Utility Franchise Fees
V.D. Adopt Ordinance No. 2019-05; Amending Edina City Code Concerning Property
Maintenance
V.G. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Contract ENG 19-3 Indian Trails B and C and Indian Hills C Neighborhood Roadway
Reconstruction, Bituminous Roadways, Inc., $2,057,181.89
V.H. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Design Services for Shared Use Path and Raised Pedestrian Crossing, SEH, Inc.,
$39,137.00
V.I. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Gleason Road Stormwater Improvements Project, Pember Companies, Inc.,
$243,628.15
V.K. Response to Petition Requesting Street Reconstruction of Woodland Road
•
V.M. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Toro Triflex 3320 Hybrid for Braemar Golf Course, MTI Distributing, $43,024.72
V.N. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Trailer Mounted Generator, Multiquip, Inc., $35,520.58
V.O. Approve Revised Gas Leak Settlement Agreement
V.P. Approve Request for Purchase, awarding the bid to the recommended low bidder,
Five 2020 Ford Interceptor Utilities, Ford of Hibbing, $159,162.36
Rollcall:
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
V.E. REQUEST FOR PURCHASE: SOUTH SANITARY TRUNK LINE CAPACITY EVALUATION —
APPROVED AND AWARDED
The Council inquired if this action was premature prior to approval of the 70th and Cahill SAP as there was
a broader area that should be examined more closely. Manager Neal described how the proposal would
better inform residents prior to completion of the SAP as scale of utilities would be necessary prior to
planning, like planning traffic impacts in an area. Engineer Director Millner commented on the need to
solve the range of water flow, so staff could better respond to future land use proposals.
The Council confirmed the proposed edge areas of the study included the dry cleaner site and shared
concerns about the area being too small as the goal was to inform a larger planning process. Mr. Millner
answered questions regarding areas not currently zoned and the site where the proposal was moving
through included in study and noted the inclusion of one property would not move the result on its own.
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Minutes/Edina City Council/March 19. 2019
Member Staunton made a motion, seconded by Member Brindle, to approve request for
purchase, awarding the bid to the recommended low bidder, South Sanitary Trunk Line
Capacity Evaluation, Barr Engineering Company, $83,900.00.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
V.F. REQUEST FOR PURCHASE: MINNEHAHA TRUNK SEWER REHABILITATION
CONSTRUCTION SERVICES — APPROVED AND AWARDED
The Council confirmed the item referred to delay of work on one of the projects and asked if the location
was Minnehaha or Nine Mile Creek. Mr. Millner said it did not matter which watershed district applied as
the intent was to explain how the project came in above to pay for the difference and delay or do later.
Member Brindle made a motion, seconded by Member Staunton, to approve request for
purchase, awarding the bid to the recommended low bidder, Minnehaha Trunk Sewer
Rehabilitation Construction Services, Bolton and Menk, Inc., $81,654.00.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
V.J. EDINA DOCKLESS BIKE/SCOOTER SHARING PILOT PROGRAM AND MEMORANDUM
OF UNDERSTANDING WITH LIME FOR 2019 — APPROVED
The Council referred to scooter use in Washington D.C., how this could be the next trend in Minnesota,
and asked about feedback on location collection. Mr. Millner said staff had received some calls regarding
bikes left on a corner but was less than anticipated so no adjustments were planned at this time. He said
there was the ability to geocode where bikes could not be left that would result in a charge to the user
should the problem increase.
The Council requested information on paths of use for future sharing of popular routes and inquired about
City liability. Mr. Millner said there was not yet enough data on routes as the pilot program had not been
in place long enough and confirmed there was no City liability as a user agreement was required with Lime
prior to any use.
Member Staunton made a motion, seconded by Member Fischer, to approve Edina Dockless
Bike/Scooter Sharing Pilot Program and Memorandum of Understanding with Lime for 2019.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
V.L. TRAFFIC SAFETY REPORT OF JANUARY 29, 2019 — APPROVED
The Council clarified action items in the report referred to an already-completed crosswalk installation.
Traffic Safety Coordinator Bauler responded the item was originally included in the 2017 report but
required more information regarding bus stops, etc. and that installation was recommended due to
pedestrian use.
Member Brindle made a motion, seconded by Member Staunton, to approve Traffic Safety
Report of January 29, 2019.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
V.Q. FINAL REZONING, AND FINAL DEVELOPMENT PLAN: RESOLUTION NO. 2019-23 AND
ORDINANCE NO. 2018-15 FOR 7200 AND 7250 FRANCE AVENUE — CONTINUED TO
APRIL 2, 2019
The Council referred to the proposed 10 townhomes and how the current developer does not intend to
build the townhomes but sell the pad to another developer. The Council inquired about the deadline date
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to ensure completion. Community Development Director Teague replied the use was included in the
rezoning requirement and the date included as part of the TIF agreement.
The Council inquired about satisfying all conditions prior to final approval, how Conditions #17 and #18
appeared related, and the need to have solutions prior to approval. Mr. Teague replied the site
improvement plan agreement was to be part of the agenda with the rezoning but was not quite completed.
He stated staff had met with the developer, were in agreement for a future agenda item, and would include
72nd Street, the woonerf, etc.
Mr. Millner said staff had worked with the applicant on 72nd Street to create as narrow a street as possible
with a wide path, boulevard trees, and curve in the road. He stated the intention was to approve the
zoning, then move forward to the neighborhood for other suggestions to tie in with Cornelia and 72nd as a
test case that did not include Lynmar.
The Council discussed traffic, Lynmar intersection as a boundary of the property, and the importance that
this be considered. The Council inquired about the woonerf condition for cut-through traffic and leverage
for construction. Mr. Millner explained this was a condition and the developer had complied through
creation of landscaping, pavement textures, and widths differences, and they were still in discussions with
Hennepin County for a right-turn lane. He spoke about the escrow requirement that could be used to
construct the street should the developer not meet the requirements.
Dean Devolis, DJR Architecture, spoke about planned raised sidewalks at crosswalks to slow traffic and
create identity as well as curb definition to slow traffic with raised tables as recently seen in Amsterdam.
The Council requested neighborhood engagement over the next month and supported postponement until
the next regular meeting to ensure the reimagination of 72nd Street was completed along with the right-
turn lane requirement and the executed development agreement.
Member Staunton made a motion, seconded by Member Anderson, to continue
consideration of Final Rezoning, and Final Development Plan: Resolution No. 2019-23 and
Ordinance No. 2018-15 for 7200 and 7250 France Avenue to the April 2, 2019, Council
meeting.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
VI. SPECIAL RECOGNITIONS AND PRESENTATIONS
VI.A. 2018 PEDESTRIAN AND CYCLIST SAFETY FUND SUMMARY REPORT — RECEIVED
Transportation Planner Scipioni shared a summary of how the Pedestrian and Cyclist Safety (PACS) Fund
was utilized in 2018 and its primary intent to indicate what share non-motorized transportation
infrastructure construction projects had of the Fund's expenditures for last year. The PACS Funds
available in 2018 were $1,379,575 and included approximately $191,000 in Hennepin County grants and
other cost-share payments, as well as $10,400 in rollover funds from 2017. He stated $957,758 of available
funds was spent on PACS-related projects and items in 2018 was spent on new pedestrian and bicycle
facilities. Mr. Scipioni reviewed proposed 2019 PACS projects that included City Hall raised sidewalk,
Wooddale Avenue/Valley View Road signal, Beard Avenue sidewalk, and others then reviewed 2020 PACS
projects that included projects such as France Avenue sidewalk, W. 77th Street sidewalk, and Valley View
Road buffered bike lanes.
The Council said this was an exciting list of projects and asked questions regarding the sidewalk on Valley
View Road that would connect with the sidewalk as part of the round-about and about raised crosswalks
like the Country Club District. Mr. Millner said this would be a good location to test plowing operations
as this would be a slow enough area with heights to match sidewalk edges.
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The Council asked questions about a non-motorized way to cross the bridge on Tracy. Mr. Millner
explained how MnDOT did bridge improvements with wide striping on the east side and noted the bridge
was due for re-decking in 2025.
VI.B. 2018 TRAFFIC SAFETY REQUESTS SUMMARY REPORT— RECEIVED
Traffic Safety Coordinator Bauler shared a summary of how traffic safety requests were received and
reported in 2018. He stated the Engineering Department received 164 traffic safety requests in 2018 then
reviewed the process for review and assignment to one of five categories: Traffic Calming, Parking and
Signage, Intersection Control, Pedestrian Safety, and Other Traffic Safety. Of the 164 requests received
last year, 150 requests were reviewed and completed in 2018 and shared an example of a request for
police enforcement for vehicles speeding on a local street.
The Council indicated it liked the report and data as it could be used to make decisions on streets and
shared its surprise at the number of requests. The Council indicated it was were pleased that resident
requests were being reviewed. Mr. Millner said that the City could begin using the trends to better inform
and educate residents.
VII. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file.
VII.A. RESOLUTION NO. 2019-24 ESTABLISHING THE 72ND AND FRANCE TAX INCREMENT
FINANCING DISTRICT AND TAX INCREMENT FINANCING PLAN — ADOPTED
Economic Development Manager Neuendorf said the City and Housing and Redevelopment Authority
were considering a Redevelopment Agreement with France Equities, LLC to provide financial assistance
using Tax Increment Financing (TIF). The proposed project was located at 7200-7250 France Avenue and
was guided for commercial/multi-family residential use. One of the existing office buildings was vacant and
unable to be occupied due to structural safety concerns. The second office building was mostly vacant with
the few remaining tenants anticipated to vacate in the near future. In December 2018, the
developer/owner was granted preliminary rezoning and site plan approval for a mixed-use development
that consists of two 6-story apartment buildings with commercial space on the first floor and a row of for-
sale townhouses. The site was designed with significant public realm space that follows the intention of the
Greater Southdale District Plan. All parking would be enclosed or underground. Twenty percent of the
approximately 311 total units would be affordably priced for 25-years. The high development cost and
limited revenue from the affordable units creates a gap in the project financing.
Mr. Neuendorf reviewed Tax Increment Financing (TIF) as a financial tool and said staff recommended a
new TIF District be created so the financial gap of the proposed 7200-7250 France Apartment project
could be bridged. He outlined the benefits of this project and said the recommendation came with
limitations to ensure that any public financing made available to the developer was justified and served as
an incentive that rewarded a project that had delivered clear public benefits. He reviewed the financing
terms and public benefits and said the Plan had been reviewed by the City's special counsel for
redevelopment matters to ensure compliance with State Law.
The Council asked questions regarding the projected use of TIF funds that totaled $28.4 million but was
presented at $12 million. Mr. Neuendorf explained that $12 million was the principal value of the note
with the remaining as paid interest.
Nick Anhut, Ehlers and Associates, explained the line item of interest of $10 million and said this was a
revenue projection over the full term of the district and of that amount, the actual construction of the
amenity and TIF note would reimburse $12 million up front, pay it off over time, and the time component
was an interest-bearing note.
The Council asked what the district would yield over 20 years. Mr. Neuendorf explained $28.4 million
was cumulative and projections of the long-term tax generated on site was based on apartments and
townhomes and phased delivery extended over 20 years.
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The Council asked about potential of purchasing 66 condos in the future and clarified the pay-as-you-go
interest. Mr. Neuendorf said this was not part of the TIF plan and negotiations but part of the TIF
agreement. Mr. Anhut explained the action was a budget with adoption of a TIF Plan and did not bind the
City to spend or aid as that would be separate through future approvals of the HRA.
The Council discussed other TIF projects in the City that benefited schools then clarified how through an
increased property value, the increment collected was $28.4 million and of that, up to $12 million could be
available to the developer to be reimbursed for qualified costs. The Council referred to public comments
regarding if the City had $12 million, it should be used for other items such as roads. Mr. Neuendorf
explained the $12 million would only exist if the project was built and could not be used for general public
items.
Mayor Hovland opened the public hearing at 9:00 p.m.
Public Testimony
Arnie Bigbee, 7621 Edinborough Way, addressed the Council.
John Carlson, 4433 Ellsworth Drive, addressed the Council.
Janet Kitui, 3161 France Avenue, #1 I I, addressed the Council.
Sandy Carlson, 4433 Ellsworth Drive, addressed the Council.
Carolyn Jackson, 5716 Continental Drive, addressed the Council.
Bob Gubrud, 4421 Ellsworth Drive, addressed the Council.
Hope Melton, 4825 Valley View Road, addressed the Council.
Mark Chamberlain, 7004 Vista Boulevard, addressed the Council.
Barry Rosenthal, 6205 Scotia Drive, addressed the Council.
Member Brindle made a motion, seconded by Member Anderson, to close the public
hearing.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
The Council addressed questions raised during public testimony regarding the onsite management team,
investment projects in the past, workforce housing, and other levels of subsidy. Mr. Neuendorf replied it
was too early in the process for a management team but referred to the City's affordable housing
implementation booklet with Affordable Housing Connections to help with affordable unit management.
Martin Margolis, developer representative, said the City could assume anyone selected would have
experience with mixed use projects and ensured City guidelines would be followed.
The Council inquired about appropriate TIF support levels. Mr. Anhut said the level was on par with
other past TIF projects and the request for $12 million was 10% of the overall project cost and not
outside the realm.
The Council complimented staff and advisors for using TIF to create a housing district as it was a great
model that would work to reset and renew an entire block.
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Member Staunton introduced and moved adoption of Resolution No. 2019-24 Establishing
the 72nd and France Tax Increment Financing District and adopting a Tax Increment
Financing Plan. Member Brindle seconded the motion.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
VIII. REPORTS/RECOMMENDATIONS
VIII.A. RECOMMENDATIONS FOR RESIDENTIAL RECYCLING REQUEST FOR PROPOSALS —
DEFERRED; ORGANICS COLLECTION — APPROVED
Community Health Administrator Brown and Recycling Coordinator Wilmot stated the current contract
for citywide residential recycling collection expires at the end of 2019 and at Council direction, staff
released a Request for Proposals (RFP) for a new residential recycling contract in coordination with a
request for proposals for a new citywide organics collection contract. Mr. Brown and Ms. Wilmot
reviewed background for 2020 organics collection by MPCA policy plan that communities develop a 75%
combined recycling and organics recovery by 2030 with a five percent overall waste reduction then
outlined benefits that included improved public health, reduced reliance on landfills, and pollution and
greenhouse gases. Mr. Brown and Ms. Wilmot shared how a Hennepin County study showed 25 percent
of trash was organics then noted the adopted County ordinance that required cities provide curbside
organics collection by 2022. Staff recommended Vierkant Disposal for organic recycling with a flat fee for
five years at $5.00/month per household and recommended the hiring of one full-time employee to
administer and educate residents of the program with goal to implement in 2020.
Mr. Brown and Ms. Wilmot reviewed the proposed recycling contract ending 2019, outlined solid waste
recycling goals, RFPs, and the quarterly cost to residents. They stated the MPCA's goal was to capture up
to 54 percent of recycling, up from the current 45 percent then reviewed RFPs with options for both
weekly and bi-weekly costs. Mr. Brown and Ms. Wilmot reviewed the recycling commodity market value
trend since 2012 which impacted the RFPs and stated options for recommendation depended on whether
there was weekly recycling or bi-weekly recycling.
The Council asked questions regarding differences between the contracts, alternates, and how much trash
would decrease if recycling occurred on a weekly basis. Mr. Brown explained how the initial rate was set
on an annual basis based on the recycling market but could increase should the market go badly so both
the contractor and City shared the risk.
The Council asked about community engagement to determine resident interest in weekly recycling. Mr.
Brown said the City could conduct community engagement for the life of contract if it was decided to
continue with bi-weekly recycling but if the Council wanted to begin weekly recycling, staff would have to
defer the contract to allow the contractor to acquire the necessary trucks and equipment. Mr. Brown and
Ms. Wilmot spoke about the importance of continuing education and how it would be best to select
Option 3 to gather community input first as the cost to residents would increase. The Council also spoke
about potential exploration of organized collection as part of this process.
Mr. Neal stated the Council would be provided information from the next community survey regarding
potential organized collection.
Member Staunton made a motion, seconded by Member Brindle, to approve staff
recommendation regarding organics collection.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
Member Staunton made a motion, seconded by Member Anderson, to approve staff
recommendation Option 3 deferring consideration of recycling contract until May 2019 to
gather community input regarding biweekly collection.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
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Minutes/Edina City Council/March 19. 2019
Motion carried.
IX. CORRESPONDENCE AND PETITIONS
IX.A. CORRESPONDENCE - Received
Mayor Hovland acknowledged the Council's receipt of various correspondence.
IX.B. MINUTES — Received
I. PARKS AND RECREATION COMMISSION, JANUARY 8, 2019
Informational; no action required.
X. AVIATION NOISE UPDATE — Received
XI. MAYOR AND COUNCIL COMMENTS — Received
XI.A. SUMMARY OF CITY MANAGER PERFORMANCE REVIEW — Received
Informational; no action required.
XII. MANAGER'S COMMENTS — Received
XII.A. RESOLUTION NO. 2019-25 SUPPORTING THE MOTOR VEHICLE LEASE SALES TAX
ALLOCATION TO HENNEPIN COUNTY — ADOPTED
Mr. Neal stated Resolution No. 2019-25 supported motor vehicle lease sales tax allocation to Hennepin
County in response to a bill introduced this legislative session to amend motor vehicle lease sales tax to
eliminate exemption of Hennepin and Ramsey Counties and distribute sales tax on leased vehicles to all
metro counties. He explained how the Legislature took the funding source away but since the Counties
Transit Improvement Board was no longer in existence, the exemption was proposed to be removed that
would result in allocation participation that totaled $10-$12 million per year.
Member Staunton introduced and moved adoption of Resolution No. 2019-25 a Resolution of
Support for the Motor Vehicle Lease Sales Tax Allocation to Hennepin County. Member
Anderson seconded the motion.
Ayes: Anderson, Brindle, Fischer, Staunton, Hovland
Motion carried.
XIII. CITY COUNCIL UPCOMING MEETINGS AND EVENTS — Received
XIV. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovla
at 11:51 p.m.
declared the meeting adjourned
Respectfully submitted,
Minutes approved by Edina City Council, April 2, 2019.
Video Copy of the March 19, 2019, meeting available.
ames B. Hovland, Mayor
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