HomeMy WebLinkAboutHearing for Block M Major Subdivision Preliminary Plat P13010 Findings of Fact and Order, Tracy, Lamme, Black and Beal
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Block M Major Subdivision Preliminary Plat P13010
Findings of Fact and Order MEETING DATE: July 22, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Block M Major Subdivision Preliminary Plat Application. BACKGROUND: On June 10, 2013, the City Commission held a public hearing on an
application for preliminary plat approval for the Block M Major Subdivision. The Commission
approved the proposed subdivision subject to conditions and code provisions to ensure the final
plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall “provide a written statement to the applicant detailing the
circumstances of the condition imposition.” The statement must include: 1) the reason for the
condition imposition; 2) the evidence that justifies the condition imposition; and 3) information
regarding the appeal process for the condition imposition. To proceed with submitting a final
plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Subdivision Preliminary Plat Report compiled on: July 11, 2013
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The Block M Major Subdivision – Findings of Fact and Order 1
Return To:
City of Bozeman
Department of Community Development P.O. Box 1230 Bozeman, MT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
BLOCK M, LLC FOR PRELIMINARY PLAT REVIEW AND ORDER
OF THE BLOCK M MAJOR SUBDIVISION
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-
3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified
Development Code, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on May 21, 2013, and before the Bozeman City Commission on June 10, 2013,
on the above-entitled application. The applicant presented to the City Commission a proposed
preliminary plat to subdivide (replat) the ten (10) existing lots and a portion of vacated Beall
Street, containing approximately 1.01± acres, for the block bound by North Tracy and North
Black Avenues and East Lamme and East Beall Streets, into twenty (20) lots for townhome
construction.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information and
recommendation of the Planning Board, to determine whether the plat should be approved,
conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters
having come before it regarding this application, the City Commission makes the following
Findings of Fact, as required:
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The Block M Major Subdivision – Findings of Fact and Order 2
FINDINGS OF FACT
I.
The complete application for the preliminary plat review of The Block M Major
Subdivision was submitted to the City of Bozeman Department of Community Development on
April 16, 2013. The preliminary subdivision plat, as proposed, will subdivide 1.01± acres and
create a major subdivision containing twenty (20) lots for townhome construction. The subject
property is legally described as Block M, Plat of Bozeman City, and portions of Abandoned
Beall Street, located in the Northwest One-Quarter of Section 7, Township 2 South, Range 6
East, PMM, City of Bozeman, Gallatin County, Montana.
II.
A notice of public hearings before the City of Bozeman Planning Board and the Bozeman
City Commission was published in the Bozeman Daily Chronicle on May 12, 2013, and the
notice was posted at the site and mailed to all property owners within 200 feet of the subject
property and by certified mail, return receipt requested, to all adjoining property owners.
III.
The City of Bozeman Planning Board heard the matter of preliminary plat review of The
Block M Major Subdivision on May 21, 2013. The Planning Board found that the application
was properly submitted and reviewed under the procedures of the City of Bozeman Unified
Development Code, Chapter 38, Bozeman Municipal Code.
The Department of Community Development Staff reviewed the project and the evidence
which justified the imposition of conditions, recommendations of the Development Review
Committee and local review agencies and the design of the major subdivision, phasing, zoning,
existing infrastructure, physical features, and provisions for parkland.
The Department of Community Development Staff reported that no public comment had
been received prior to the hearing in response to the noticing on the matter of this preliminary
plat application.
Susan Riggs with Intrinsik Architecture, representing Block M, LLC, discussed the
design of the subdivision, existing and future parking for the subdivision, parkland and open
space provisions, and phasing.
David Crawford of TD&H Engineering, consultant for the applicant, discussed the
stormwater provisions, utilities, and lighting issues for the subdivision.
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The Block M Major Subdivision – Findings of Fact and Order 3
IV.
The Planning Board then opened the public hearing portion for public comment on the
matter of the preliminary plat application. One member of the general public commented on the
parking and setbacks for the project.
V.
After reviewing the staff recommendation, hearing the applicant’s presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and
reviewed under the procedures of the City of Bozeman Unified Development Code and the
adopted growth policy, the Planning Board reviewed and considered the facts against the criteria
related in Title 76-3-608, MCA, 2011.
The Planning Board considered the staff report and recommended conditions prepared by
the Community Development Department, Development Review Committee, and local review
agencies.
VI.
The Planning Board, having heard and considered public comment and the findings
presented in the staff report, found that with the recommended conditions, that the preliminary
plat application would comply with the primary review criteria, and therefore voted 7-0 to
forward a recommendation of conditional approval to the Bozeman City Commission as set forth
in Planning Resolution No. P-13010.
VII.
The matter of the preliminary plat application for The Block M Major Subdivision was
considered by the City Commission at a public hearing on June 10, 2013 at which time the
Department of Community Development Staff reviewed the project and forwarded the Planning
Board's recommendation of conditional approval in Planning Resolution No. P-13010.
Susan Riggs with Intrinsik Architecture, representing Block M, LLC, discussed the
design of the subdivision, the Downtown Improvement Plan, existing and future parking for the
subdivision, parkland provisions, and phasing and indicated the applicant’s agreement with the
recommended conditions of approval.
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The Block M Major Subdivision – Findings of Fact and Order 4
VIII.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. One member of the general public expressed his support for the
subdivision and the project’s compliance with the Downtown Improvement Plan to establish
additional housing for this area. Seeing no further public testimony, the City Commission then
closed the public comment portion on the matter of the preliminary plat application.
IX.
The City Commission then considered the minutes of the Planning Board hearing,
Resolution of the Planning Board, Department of Community Development staff report, public
record, the applicant’s testimony, and weighed the proposed subdivision against the primary
criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
N/A. The subject property is located in the Downtown area of the City.
2. Effects on Agricultural Water User Facilities
N/A. There are no agricultural water user facilities on this property.
3. Effects on Local Services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. A new sewer main will be required to be installed in the East Beall Street right-of-way to serve the lots along that street. Any existing water/sewer infrastructure that will not be utilized by this
development will be property abandoned with direct coordination with the appropriate City
departments. Cash in lieu of water rights or the equivalent water rights must be transferred to
City of Bozeman at the time of development.
Streets – The Development Review Committee has determined that the adjacent streets have capacity to accommodate this development. The applicant is required to provide waivers of right
to protest creation of special improvement districts (SID’s) for signalization or other traffic
control improvements for the intersections of North Black Avenue/West Mendenhall Street and
North Tracy Avenue/West Mendenhall Street. Following new water and service line installations to accommodate the new lots/development, the adjacent streets will be required to be repaired to City standards and the City is working with the applicant on the timing of these street
improvements in an attempt to coordinate with other Downtown infrastructure projects. All street
improvements will be constructed to acceptable City standards with curb, gutter, pavement,
boulevard sidewalks and storm water facilities.
Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
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The Block M Major Subdivision – Findings of Fact and Order 5
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process as part of the site plan for this development.
Parklands - The applicant shall provide cash donation in-lieu of land dedication for an equivalent of 0.24 acres of dedicated parkland with the subdivision. This amount is calculated based on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12
units per acre per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for three existing
and one previous residence equivalent to 0.12 acres, the requirement equals 0.24 acres. (Note:
the applicant has requested that, if possible, the required cash donation in-lieu of land dedication provided for this project be earmarked by the City for improvements to nearby Beall Park).
4. Effects on the Natural Environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed with the protective covenants and compliance with the conditions of approval.
5. Effects on Wildlife and Wildlife Habitat
There are no impacts to wildlife or wildlife habitat with this project as this is a previously
developed urban property.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the
Development Review Committee which has determined that it is in general compliance with the
title. Any other conditions deemed necessary to ensure compliance were noted within the staff
report.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Department of Community
Development reviewed the preliminary plat against the listed criteria and further provided the
following summary review:
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the State
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said
plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and
approval by City staff.
C. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code
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The Block M Major Subdivision – Findings of Fact and Order 6
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
The following requirements are standards of the UDC and shall be addressed with the final plat application:
a. Pursuant to Section 38.03.040.A, conditional approval of the preliminary plat shall be in
force for not more than one calendar year for minor subdivisions, two years for single-phased
major subdivisions and three years for multi-phased major subdivisions. As a multi-phased subdivision, conditional approval of the preliminary plat for the Block M Major Subdivision shall in be force for three years. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Director of Community Development with each
request considered on its individual merits and consideration of the criteria provided in
38.03.040.A.
b. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110.
c. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
d. 38.23.060.B “Private Utilities” – The final plat and property owners’ association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements to be noted on the final
plat for each typical subdivision lot/block, exclusive of notations on the final plat.
e. 38.23.120 - If mail will not be to each individual lot within the development, the developer
shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plow any mail delivery
area constructed within a City right-of-way.
f. 38.26.050.E “Street Frontage” – The property owners’ association documents shall contain
language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large
canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For
street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is
required before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there
should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
g. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf
grass and street trees on all external streets. Street trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified
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The Block M Major Subdivision – Findings of Fact and Order 7
nurseryperson shall be submitted, identifying the location and tree species to be installed by the
developer, prior to installation of the trees or prior to final plat approval, whichever comes first.
h. 38.27.090 “Waiver of Park Maintenance District” – Prior to final plat approval executed
waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and
Recorder, unless already filed with annexation.
i. 38.38.020 and 38.38.030 “Covenants” - Covenants, restrictions, and articles of incorporation
for the creation of a property owners’ association shall be submitted with the final plat
application for review and approval by the Department of Community Development. These covenants shall contain, but not be limited to, the following items: 1) provisions for snow
removal, 2) guidelines that outline architectural and landscape guidelines for each individual lot
and/or phase of the subdivision, including placement of boulevard trees, 3) common area
maintenance provisions including landscape details and maintenance provisions for boulevard
irrigation and trees, 4) noxious weed control, 5) parking within residential structures, and 6) assessment of existing and future Special Improvement Districts.
These documents shall be submitted to the City Attorney and shall not be accepted by the City
until approved as to legal form and effect. A draft of these documents must be submitted for
review and approval by the Community Development Department at least 30 working days prior
to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat
recordation.
j. 38.39.030 “Completion of Improvements” - If it is the developers intent to file the plat prior
to the completion of all required improvements, an Improvements Agreement shall be entered
into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
k. 38.39.030.B.2 “Sidewalks” – The final plat and property owners’ association documents shall include language stating that “upon the third anniversary of the plat recordation of any
phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without
further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.”
l. 38.41.050.A.8 – A Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of County declared noxious weeds and a copy
provided to the Community Development Department prior to final plat approval.
m. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all
irrigation installed in public rights-of-way once the irrigation system is installed. The as-builts
shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box.
n. That the applicant obtains Montana Department of Environmental Quality approval of the
subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
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The Block M Major Subdivision – Findings of Fact and Order 8
o. The subdivider shall ensure that all construction material and other debris are removed from
the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an
Improvements Agreement is necessary with the final plat.
p. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat.
D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission were properly noticed, as required
by the Bozeman Unified Development Code. Based on the recommendation of the Development Review Committee and other applicable review agencies, as well as the public testimony
received on the matter, the Planning Board forwarded a recommendation in a Resolution to the
City Commission.
E. Provision for easements for the location and installation of any planned utilities
All utilities and necessary utility easements will be provided and depicted accordingly on the final plat for each phase.
F. Provisions of legal and physical access to each parcel
All of the proposed lots have frontage to the existing perimeter streets. Vehicular access to each
lot is proposed via a center drive aisle (to be provided within the 20’ wide private access and utility easement shown on the preliminary plat).
X.
After considering all matters of record presented at the public hearing, the City
Commission found that preliminary plat for The Block M Major Subdivision would comply with
the primary review criteria, City of Bozeman Growth Policy, requirements of the Bozeman
Unified Development Code and the Montana Subdivision and Platting Act if certain conditions
were imposed. The evidence, as stated or referenced in this Findings of Fact, justifies the
imposition of the conditions ordered herein to ensure that the final plat complies with all
applicable regulations and all required criteria.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary
Subdivision Plat of The Block M Major Subdivision be approved, subject to the following
conditions:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required certificates.
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The Block M Major Subdivision – Findings of Fact and Order 9
The final plat application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy;
and five (5) paper prints. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law.
2. The applicant shall submit with the application for final plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire final plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. Documentation of compliance with the parkland dedication requirements of Section
38.27.020 shall be provided with the final plat. As a B-3 zoned property, the applicant shall
satisfy the cash donation in-lieu of land dedication requirements of Section 38.27.030. The
final plat shall contain a note or table showing the parkland requirements for the subdivision and that cash donation in-lieu of land dedication was utilized to satisfy these
requirements.
The applicant shall provide said cash donation in-lieu of land dedication for an equivalent
of 0.24 acres of dedicated parkland with the subdivision. This amount is calculated based
on a requirement for 0.03 acres of parkland per dwelling unit x 40 dwelling units, (with a cap of 12 units per acre per Section 38.27.020.A.2.b.3), equaling 0.36 acres. With credit for
three existing dwelling units and one previous residence equivalent to 0.12 acres, the
requirement equals 0.24 acres. (Note: the applicant has requested that, if possible, the
required cash donation in-lieu of land dedication provided for this project be earmarked by
the City for improvements to nearby Beall Park).
4. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
5. All lots proposed for development shall pay cash-in-lieu of water of rights. The developer may also provide a transfer of the equivalent required water rights. Any water right proposed
to be transferred to City ownership should be submitted for review as early as possible so the
value can be determined without hindering the final plat process. The necessary water rights
or cash-in-lieu for all residential lots must be provided at the time of development. Credit
will be provided for any existing water service lines that currently serve the property.
6. Any existing water/sewer infrastructure that will not be utilized by this development will be
properly abandoned with direct coordination with the Water/Sewer Department, Engineering
and GIS Departments.
7. Service line locations shall be coordinated with the City Water/Sewer Department. All
services shall be adequately spaced and located at least 10 feet from any deep rooted trees
and light poles.
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The Block M Major Subdivision – Findings of Fact and Order 10
8. Plans and Specifications for water and sewer main extensions, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer. Water and sewer plans shall also be approved by the
Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction
Certification, and preparation of mylar Record Drawings. Construction shall not be initiated
on the public infrastructure improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless concurrent construction is granted.
9. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Signalization or other traffic control improvements of the intersection of North Black
Avenue and West Mendenhall Street.
b. Signalization or other traffic control improvements of the intersection of North Tracy Avenue and West Mendenhall Street.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
10. Addressing for the proposed development shall be coordinated with the City Engineering
Department.
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant individual extensions to its approval by the Community Development Director for a period
of not more than two years, or for more than two years by the City Commission.
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The Block M Major Subdivision – Findings of Fact and Order 11
DATED this day of , 2013.
BOZEMAN CITY COMMISSION
SEAN BECKER, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney
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