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HomeMy WebLinkAbout1989-02-13 135 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 13, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 13, 1989, at 1 : 1 5 p.m. Present were Mayor Stiff, Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of January 30, 1989 be approved at submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - establishing fair market value for lots to be sold in Valley Unit Subdivision; set date for auction Administrative Services Director Miral Gamradt reviewed the memo which he had submitted in the Commissioners' packets. He stated that Marty Baaken, ERA Landmark, and Mike Basile, Bridger Realty, were selected to conduct appraisals of the lots selected for sale in Valley Unit Subdivision. He noted that those figures have been received; and the staff has prepared an average of those figures. He indicated that the staff has selected the lots for the sale, which include two R-3 zoned lots and ten R-2 zoned lots. He stated that the memo contains a tabulation of the lots, the figures submitted by both Baaken and Basile, the average of those I figures, the remaining balance of special assessments against those lots and the total of the average plus the remaining balance. The Administrative Services Director stated that Mr. Baaken and Mr. Basi Ie submitted con- servative valuations for the lots, recognizing that the City wishes to make this a successful sale. He reminded the Commission that establishing the fair market value at the average of the apprais- als submitted also establishes the minimum amount for which each lot may be sold. Mr. Gamradt then noted that the lots selected for the sa Ie lie throughout the subdivision; and the City is at- tempting to encourage people to purchase the lots for the purpose of bui Iding homes on them in the near future. Attorney Bob Planalp stated that during this meeting the Commission must set the fair mar- ket value for the twelve lots selected, as well as select the time, place and location of the auc- tion. He noted that the terms of the purchase should be disclosed at the beginning of the auc- tion. The attorney noted that at the time of the sale, a purchaser will receive a tax certificate from Gallatin County and the City of Bozeman stating that all back taxes have been brought cur- rent and stipulating that the purchaser is responsible for all future taxes and assessments; a title insurance policy; and a deed from the developer, Mr. Delaney. Commissioner Martel noted that the deferred balance of the special assessments is listed for each lot; however, the amount which has been paid through tax levies over the past few years is not reflected. Administrative Services Director Gamradt reminded the Commission that special improve- ment districts are split into separate activities for the bonds and the assessments. He noted I that the bonds have been paid through the monies received from the mill levy; however, that has no impact on the assessment function. He noted that when the assessments have been com- pletely paid, any monies remaining in the various specia I improvement district accounts will be transferred to the General Fund and can then be used to decrease the mill levy. The Administrative Services Director then reminded the Commission that the delinquent assessments on the subject lots are higher than the proposed fair market values for those lots; however, the City will be able to decrease its loss and place those lots back on the current as- sessment roles through this sale. 02-13-89 136 Commissioner Martel stated an interest in knowing how much loss the City wi II incur as a result of this auction. Administrative Services Director Gamradt stated that is premature. He noted the staff wi II not be able to determine the loss incurred unti I after the auction has been held, which wi II set the actual selling price. He noted that on an average, there is approximately $7,500 in de- linquent assessments, including penalty and interest, against each of the lots being auctioned. Commissioner Goehrung asked to what other areas the figures in the total column would I compare. The Administrative Services Director stated that the only comparison can be made to Bax- ter Creek Subdivision, which has wells and septic tanks, but no paved streets. Mayor Stiff asked about financing of the costs for purchase of the lots. City Manager Wysocki stated that the staff has proposed that the purchaser be required to pay 50 percent of the. price as a downpayment. He noted the balance is to be carried at 8 percent over two years, with semi-annual payments to be made on quarters opposite those for payment of taxes and special assessments. He then reminded the Commission that the interest rate is set by the State statutes and cannot be adjusted. Commissioner Martel asked if the Commission should attach a timeframe for construction on the lots to this sale, since the City wishes to encourage construction of homes in the subdi- vision. Administrative Services Di rector Gamradt stated the staff discussed the idea of attaching restrictions to the sa Ie of these lots but rejected it. He noted that to do so could cause some enforcement problems for the City. City Manager Wysocki recommended that the Commission set the public auction for Thurs- day, March 16, 1989, at 1 :00 p.m. He noted the location has not yet been established, but it may be in the community room at the Library. The City Manager stated that the staff is hoping that this auction will not cause problems for other developers in the community, resulting in more delinquencies and possible tax sa les. Commissioner Vant Hull asked how many of the lots for sale have residences around them I at the present time. The Administrative Services Director stated that only one lot does not have houses around it at the present time; and it will be interesting to see how that lot sells. In response to a question from Commissioner Hawks, City Manager Wysocki stated that signs will be posted on the lots which are to be sold at the public auction. He noted that in addition to the notice, the sign will include the fair market value, as established by the Com- mission. In response to a question from Commissioner Vant Hull, the City Manager indicated that this is a public auction and anyone may purchase a lot, including City Commissioners and City staff. Commissioner Martel expressed concern about establishing low fair market values for this sale and possibly increasing those values for future sales. He noted that complaints may arise at future sa les if people do not have the opportunity to purchase at the same figures at the next auction. Administrative Services Director Gamradt stated the fair market value will be set before each auction; and there is no guarantee that those values will be set any higher than they are for this sale. He reminded the Commission that success of the auction will be a primary factor in establishing the fair market va lue, noting it ta kes a substantial amount of staff time for planning as well as the legal and advertising costs involved prior to the time of the sa Ie. Commissioner Martel then asked when the deed is to be transferred to the buyer. Attorney Bob Planalp stated that a deed will be transferred from the developer to the pur- I chaser within two to three days after the sale. He indicated he is not sure if it will be a war- ranty deed or a quit claim deed; however, he noted that the title company has indicated' it will provide title insurance for the parcel. He then stated that a Montana Trust Indenture will also be fi led at the Clerk and Recorder's Office, so the City may foreclose on the property if an owner fai Is to make payments or if the entire ba lance is not paid off within two years from the date of the auction. 02-13-89 137 I t was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commis- sion establish the fair market values for Valley Unit Subdivision lots to be sold at public auction at 1 :00 p.m. on Thursday, March 16, 1989, as follows: Lot Block Fair Market Value 12 9 $ 5, 1 79 4 9 4,929 12 20 2,525 I 5 21 2,425 4 29 2,600 16 29 2,725 5 30 2,650 6 31 2,950 1 37 1 ,700 9 37 2,625 6 38 2,500 10 38 2,500 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission set the following terms for sale of the lots: 50 percent of the purchase price as a downpayment, with the balance to be carried by the City for a two-year period at an interest rate of 8 percent, with semi-annual payments to be made in quarters opposite the due dates for taxes and special assessments, and with no prepayment penalty. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1275 - Zone Map Change - from R-2A to R-2 on Blocks 20, 21, 29 and 30, Valley Unit Subdivision No. 1 City Manager Wysocki presented Ordinance No. 1275, as approved by the City Attorney, I entitled: ORDINANCE NO. 1275 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN IIR-2-A" (RES IDENTIAL--SI NGLE-FAMI L Y, MEDIUM-DENSITY) TO AN IIR-2" ( RES 1- DENTIAL--SINGLE-FAMILY, MEDIUM-DENSITY) DISTRICT ON BLOCKS 20,21, 29 AND 30, VALLEY UNIT SUBDIVISION NO. 1 , LOCATED IN SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. The City Manager reminded the Commission that they have previously approved this zone map change and that they provisionally adopted this ordinance at their regular meeting of Janu- ary 23, 1989. He then recommended that they provisionally adopt the ordinance at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1275, changing the zoning designation from R-2-A to R-2 on Bloc ks 20, 21 , 29 and 30 of Valley Unit Subdivision No. lo The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - revised draft of Park Ordinance City Manager Wysocki noted that the proposed park ordinance, as revised to reflect the changes made by the Commission at their meeting of January 16, is included in the Commis- sioners' packets. He then distributed to the Commission a proposed change to No. 3 under Sec- tion 3, noting that it addresses concerns raised in a memo from Director of Public Service I Forbes, which was also included in the Commissioners' packets. The City Manager then reviewed the proposed revision, noting it would allow the City Com- mission to conceptually approve any changes, new development or redevelopment within a city park; however, the staff would be responsible for day-to-day maintenance of the parks, such as removal or relocation of trees and shrubs. He noted that this allows the City staff to conduct the regular operations of the parks but would allow the Commission to approve any changes that may occur. He stated that under the present wording of the section, the staff would not be able to conduct regular maintenance operations, such as removal of dead shrubs or trees, with- out seeking Commission approval. 02-13-89 ----....-- -. 138 Commissioner Hawks stated that this proposed language adequately addresses the concerns which he had previously expressed; and he is willing to accept the change. City Manager Wysocki suggested that the language in the proposed revision may be more appropriately placed in another section of the ordinance, since it would fall under the section entitled "prohibitions" if it were contained within the existing statement. Commissioner Vant Hull noted that during the previous discussion on this ordinance, she had suggested that a copy of this proposed ordinance be forwarded to the Cemetery Board for I thei r consideration, with this ordinance possibly referring to the cemetery as well as parks, or with the Cemetery Board suggesting adoption of a similar ordinance for cemeteries. She then asked if this has been forwarded to them for their consideration. City Manager Wysocki indicated he wi II check to see if it has been forwarded, noting that the Cemetery Board meets on a quarterly basis and has not met since this ordinance was previ- ously discussed. He then asked if the Commission supports this suggestion to forward the or- dinance; and the other Commissioners indicated they do. City Attorney Becker stated that under Section 11, he has revised the repealer statement to repeal only that portion of the ordinance referring to parks, allowing it to still apply to the cemetery. Commissioner Martel corrected the language in Section 3, No.9. City Manager Wysocki indicated that the staff will prepare this ordinance in final form and submit it to the Commission for adoption as soon as possible. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Notice of the rescheduled meeting for the performing arts committee, to be held at 10:00 a.m. on Thursday, February 16 at the Elks Club. (2) A copy of litigation against the City as fi led by Campeau, et al. Commissioner Vant Hull requested that an executive session be scheduled as soon as pos- I sible to discuss this item. (3) A reminder that the Chamber of Commerce annual dinner is to be held on Friday, February 17, 1989. (4) The City Manager noted that the City has just received a legislative update from the League. He then reviewed the various bi lis which may affect local governments. He noted that he, the Mayor, and the Bozeman Area Chamber of Commerce testified in support of H B479, which would allow for local option taxes, on Friday. He noted the City also testified in support of HB256, which would allow for a local option lodging tax. He stated that the hearing on HB589, the resort tax, will probably be held within the next two weeks. The City Manager then stated that the City has submitted a letter of opposition to SB343, which would impose mandatory binding arbitration for police bargaining. He a Iso noted that Com- mission Vant Hull testified on SB317, which would allow a city to annex wholly surrounded par- cels of ten acres or less, even if they are used for agricultural purposes. Commissioner Vant Hull noted that there was opposition to SB317 at the hearing on Thurs- day. She indicated that the bi II may be amended to state that the parcel may be annexed if it produces $1,500 or less annually in taxable agricultural activity. She suggested that would be an acceptable revision to local governments; however, the opposition may be less willing to ac- cept it. She then encouraged the Commissioners to contact the legislators on the committee to solicit their support of the bill as amended. (5) Commissioner Vant Hull submitted to the Commission an update on the list of bills introduced which may affect local governments. I (6 ) Commissioner Vant Hull asked if it would be possible to place the rules of pro- cedure on next week's agenda for discussion. She also asked if it would be possible to include a provision for reopening of a public hearing once it has been closed in that document. City Manager Wysocki indicated that the staff has been working on the rules of pro- cedure, but has been holding it until such time as it would be placed on the agenda and handled in a timely manner. He then stated the staff will need to research the legalities of reopening a public hearing prior to discussion of that issue. 02-13-89 139 (7) The City Manager suggested that the Commission may wish to hold the Apri I 15 ses- sion on goal setting at the Gallatin Gateway Inn rather than in City Hall. He noted that Clerk of the Commission Sullivan could check to see if it would be available if the Commission so de- sires. Commissioner Goehrung suggested that the UCT building might be another possible loca- tion for the meeting. I The Commission concurred that it may be beneficial to hold that session away from the City Hall. (8 ) Commissioner Goehrung stated he will be attending the sixth session of the leader- ship workshops on Thursday. He noted that education and high technology in Bozeman wi II be the topics discussed. (9) Commissioner Goehrung stated he will distribute copies of information from the last solid waste meeting to the Commissioners. He noted that they identified the issues to be dealt with and broke the group into smaller committees. He noted the next meeting is to be held on Wednesday, February 22, at 7:00 p.m. (10) Clerk of the Commission Sullivan noted that brochures on the Elected Officials Workshop, to be held on March 15-17, were distributed in the Commissioners' mai Iboxes. She requested that the Commissioners let her know if they plan to attend. ( 11) Clerk of the Commission Sullivan stated that she wi II be attending the Municipal Clerks' I nstitute during the week of March 13-17, 1989, although not on a full-time basis. Decision - interim zoning ordinance in the designated M-l zoning districts specifying that under certain circumstances permitted M-l uses may only be allowed through established conditional use permit procedures City Manager Wysocki reminded the Commission that the public hearing on this interim zon- ing ordinance was conducted at last week's meeting and set this as the time and place for making a decision on adoption of the subject ordinance. He then distributed to the Commission a memo I from Planning Director Epple suggesting alternatives to approval of the proposed interim zoning ordinance. The City Manager cautioned the Commission that the public hearing was closed at last week's meeting; therefore, information submitted to the Commission since that time may not be considered during this decision-making process. He further cautioned that this discussion should be limited to the proposed interim zoning ordinance and possible modifications to that or- dinance. He noted that after that decision has been made, the Commission may wish to address the alternative approaches to this issue, as contained in the memo from the Planning Director. Commissioner Vant Hull stated that she had discussed this item with the City Attorney this morning and understood he had some concerns about possible adoption of this ordinance; and that he may request that action be deferred for a period of one week. She then stated she is not prepared to make a decision at this time and requested that it be tabled for a period of one week. It was moved by Commissioner Vant Hull that action on this item be tabled for a period of one week. The motion died for lack of a second. City Attorney Becker noted he had expressed concern about the impact adoption of this proposed interim zoning ordinance may have on the litigation recently filed by Campeau, et a I. He noted that after review of the proposed options to adoption of the ordinance, he feels that the issue can be addressed at this time with no impact on the pending litigation. Commissioner Hawks stated that, while the proposed interim zoning ordinance would es- tablish a situation which would be better than a moratorium on development, it carries a negative I perception. He expressed the realization that we deal in perceptions, noting that he feels that the problem may be better addressed through a different approach. Commissioner Goehrung stated he feels that some type of effort must be made to protect the existing residential development in the M-l zones; howeve r , he concurred that the proposed interim zoning ordinance is not the appropriate method. Commissioner Vant Hull stated she wi II abstain from voting because she is not prepared to make a decision at this time. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commis- sion not adopt the interim zoning ordinance upon which the public hearing was conducted. The 02-13-89 140 motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Comm i s- sioner Vant Hull abstained. City Manager Wysocki reminded the Commission that if any type of zone code amendment is to be pursued, the staff must receive direction from the City Commission or the Zoning Com- mission before it can proceed. City Attorney Becker reviewed the memo from the Planning staff, expressing concern I about two of the proposed options. He then reviewed the memo as follows. ( 1 ) Initiate a zone code amendment to include the language in Section 18.36.020(B)(2), or similar language, into the M-l zoning regulations would be acceptable. (2 ) Initiating a zone code amendment to make main- tenance, expansion or reconstruction of existing residential dwelling units a permitted use in the M-1 would be acceptable. He noted that under this amendment, no additional dwelling units would be allowed; however, existing residences could be maintained or upgraded. (3) He ex- pressed concern that to develop a "T" overlay for Blocks 51 and 52 of the Northern Pacific Addi- tion could constitute "spot zoning". (4) He reminded the Commission that this action was at- tempted a few yea rs ago. The residents in the area opposed the proposed R-3 zoning so strong- ly that the zone map change was denied. He then encouraged the Commission not to consider this option at this time. Planning Director Andy Epple stated he had prepared the memo as a result of the nega- tive testimony which was received at last week's meeting. He then reviewed the various options and the impacts they would have. He noted the residents in the M-l zone are seeking additional protection from industrial uses; and they also wish to be recognized as a part of the community rather than as a non-conforming use. Commissioner Hawks noted that Roger Craft suggested that rather than incorporating the language for the M-2 district in the M-l district, the Commission may wish to refer to EPA stan- dards. He then asked if that would be another possibility for the Commission to consider. Planning Director Epple stated that is a possibility. He noted that the language from the M-2 regulations, language from a model ordinance or reference to EPA standards could be incor- I porated into the zone code regulations for the M-l district. He noted, however, that the staff does not have technical expertise or the monitoring equipment to en fo rce specific regulations. He then suggested that broader performance criteria might be a better approach to the issue. Commissioner Vant Hull noted that Roger Craft indicated that at one time there was a 150-foot buffer between the two zones. She then asked if it would be a possibility to implement such a buffer strip once again. The Planning Director stated that buffering can be addressed through review of applica- tions to minimize the impact on adjacent uses. Commissioner Hawks asked about the possibility of expanding Option No. 3 to include all blocks within the M-l district in which there is residential development. The City Attorney indicated he is not prepared to respond at this time. Commissioner Martel stated he feels the language in the M-2 zoning regulations could be implemented into the M-l zoning regulations. He then expressed concern about the second op- tion, noting that it singles out residences in the M-l zone. He indicated that he feels if this type of zone code amendment is pursued, it should be expanded to include residences in the M-2 districts, which are in a simi lar situation. The Commissioner then stated that he feels the third and fourth options are unacceptable, as noted by the City Attorney. Planning Director Epple noted that there are non-conforming single-family residences in the B-2 and B-3 districts as well as in the M-l and M-2 districts. He then suggested that it might be appropriate to list single-family residences as permitted uses in all zoning districts; however, the Commission must make a determination of whether it wishes to allow residential uses I in all of the areas in perpetuity or if it wishes to limit that use to those existing at the present time. Commissioner Martel asked if existing residential uses are grandfathered and whether they have rights as such. The Planning Director stated the existing residential uses are grandfathered. He noted, however, that if an owner wishes to expand the structure, he must go through the variance pro- cess. He also noted that if more than 50 percent of the residence is destroyed through a cata- 02-13-89 141 strophic event, it cannot be rebuilt. He noted this has caused problems for those seeking fi- nancing to purchase or improve their homes. He a I so indicated that it can cause problems in seeking insurance for the home and its contents because of the premium costs involved. Commissioner Hawks noted that to allow residences as conforming uses in the industrial zone would not prevent it from evolving into an industrial use if that is determined to be the highest and best use of the property. I Commissioner Goehrung stated an interest in incorporating some of the concerns expressed under the proposed "T" district in a possible zone code amendment. Mayor Stiff expressed concern about varying from the language contained in the M-2 regu- lations, as well as inclusion of EPA regulations, since those specific regulations are not known at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission authorize and direct the staff to review possible implementation of a zone code amend- ment incorporating Option Nos. 1 and 2 with consideration being given to the concepts of No.3, and submit a report back to the Commission for consideration. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Staff report - re uest for vacation of East Mendenhall Street north to the alley as submitted City Manager Wysocki presented to the Commission the staff report on the requested va- cation, as prepared by Director of Public Service Phill Forbes. He also submitted to the Com- mission the resolution of intent to vacate said street right-of-way, suggesting they may wish to adopt it and set the public hearing for March 6, 1989. Commissioner Hawks asked about the current use of the right-of-way for North Ida Ave- nue north of East Mendenhall Street. Director of Public Service Forbes stated that the portion of North Ida Avenue right-of- I way north of the alley has previously been vacated, as well as a portion of the right-of-way south of the alley. He noted it was the intent to vacate the remaining strip at the same time, but that was not done. He then indicated that the property description for this vacation would close the alley because of a jog in it; and at the present time, the owner of the parcel which is the vacated right-of-way is encroaching on the alleyway. He stated that is the reason he has requested that rededication of that portion of the east/ west alley be a condition for vacation of the street right-of-way. City Attorney Becker stated that the proposed resolution includes a description of the en- tire right-of-way for North Ida Avenue from East Mendenhall Street north to the alley because it refers to the lots and blocks on both sides of the alley, providing a more easily understood de- scription. Commissioner Martel noted the staff report raises concern about the Houlton conditional use permit, which was recently approved. The Director of Public Service stated he has discussed this item with the Planning staff; and the concern about how this vacation would impact that issue is not as great as the memo re- flects. City Manager Wysocki reminded the Commission that Mr. Houlton sought a conditional use permit to allow a living unit in the building which houses Cindy Owings Designs. He noted that conditions of approval included paving of the parking lot on the site as well as signing a waiver to participate in the costs of improving the alley at some future date. Commissioner Goehrung asked about the property ownership along the subject right-of- I way. City Attorney Bruce Becker stated that the property along both sides of the alley are owned by the same party. In response to a question from Commissioner Vant Hull , the Director of Public Service stated this is the first vacation request to be reviewed under the new pol icy for vacating publ ic rights-of-way. The City Manager presented Commission Resolution No. 2737, as approved by the City At- torney, entitled: 02-13-89 142 COMMISSION RESOLUTION NO. 2737 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VA- CATE AND ABANDON THAT PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 14 OF BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BE- TWEEN THE NORTHERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF- WA Y ON THE SOUTH AND THE SOUTHERN BOUNDARY OF THE EAST/WEST ALLEY I RIGHT -OF-WA Y, IN BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE-EST ABLlSHED IN BLOCK 32 OF THE NOR- THERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE NORTH. The City Manager recommended that the Commission acknowledge receipt of the staff re- port and adopt Commission Resolution No. 2737, stating the City's intent to vacate the specified public right-of-way and setting the publ ic hearing for March 6, 1989. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission acknowledge receipt of the staff report and adopt Commission Resolution No. 2737, set- ting the public hearing fo r Ma rc h 6 , 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Break - 2:50 to 3:00 p.m. Mayor Stiff declared a break from 2:50 p.m. to 3:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff updates - (a) Water and Sewer; (b) Waste Water Treatment Plant; (c) Fire; (d) Library (a) and (b). Director of Public Service Phill Forbes presented to the Commission written reports on the Water and Sewer Operations as well as the Waste Water Treatment Plant. He not- ed these are the first two chapters of what he anticipates will be an annual report on the var- ious operations in his department. He noted that these reports were contained in the Commis- sioners' packets and indicated that he will respond to any questions. He also noted that Fred I Shields, Water and Sewer Superintendent, and Don Noyes, Waste Water Treatment Plant Super- intEmdent, are present and can respond to technical questions. City Manager Wysocki asked about the status of repairing the I P beds through the EPA grant. The Director of Public Service stated that the City has a signed contract with Thomas, Dean and Hoskins for engineering services for the project. He noted that the project is to be completed in three phases, with the first phase currently underway. He stated that some tests must be completed which cannot be done until the frost is out of the ground. He then indicated that construction of the repairs will not be completed until 1990 or 1991. In response to a question from Commissioner Vant Hull, Director of Public Service Forbes stated that the hydraulic analysis of the water and sewer systems was recently completed. He noted that this study takes into account the size of the existing lines and the current develop- ment of the community in determining the capacity of those lines. He noted that a computer pro- gram has also been prepared which allows the staff to determine whether the City can adequately provide water and sewer services for a proposed project in a specific location. He stated that at the present time, some of the lines have room for expansion while other lines, particularly sewer lines, are surcharged at the present time. He also noted that the grade of the line is also con- sidered in determining if a line has adequate capacity. The Director of Public Service stated that the computer program allows the staff to ad- dress the impacts a proposed development may have on the water and sewer systems. He noted that the information put into the computer is traced through all of the lines involved; and po- I tential problem areas are flagged. He then indicated that he has not had time to adequately re- view the program and its capabilities; however, he has added the new data affecting the service systems as changes have occurred. He stated his intent to use an MSU student with the techni- cal ability to understand the computer during the summer to review the service capabilities in relation to the existing service area boundaries. He noted this will allow for future discussions on possible revision of those service areas. He cautioned that the boundaries cannot be changed dramatically; however, they could flex slightly to more realistically reflect current growth in the community. 02-13-89 143 City Manager Wysocki cautioned that expansion of the sewer service area may require ex- pansion of the plant. He noted that as long as that is a conscious decision made by the Commis- sion, he does not feel that is a problem. Commissioner Martel asked about the status of the Wheat Drive lift station. Director of Public Service Forbes stated that the contractor has incurred equipment prob- lems during the construction time; however, the new line is almost ready for use, after which I the current lift station will be removed. Commissioner Martel noted the report reflects that most of the sewer lines have been flushed, except for the 5 percent which are inaccessible. He then asked how those lines can be maintained or replaced if they are not accessible for flushing. The Director of Public Service stated they are inaccessible for flushing because there is landscaping that would be disturbed during that process. He noted that if there were a block- age in the line, the landscaping would be disturbed so the problem could be remedied. He noted, however, that to disturb the landscaping for routine maintenance may not be well accept- ed by the property owner, even though it has encroached on the City's easement for several years. Commissioner Martel noted the report addresses locating and inventorying of water valve boxes; however, it does not address the valve replacement. Director of Public Service Forbes stated that the staff felt it was important to locate and inventory the valve boxes first, noting that if one doesn't work, the crew can go to the next one. He then indicated that the crews are not yet prepared to immediately fix the valves that they break when operating them; so they have not attempted to address that issue. Commissioner Martel asked about use of the leak detector that was purchased last year. The Director of Public Service indicated that it has been used to locate some leaks; how- ever, he noted it could be used more efficiently if the crew received training from the manu- facturer. He then stated it may be possible to begin a program with the leak detector during the summer, noting that it would probably be conducted at night since surrounding noises make I it difficult to properly read the instrument. Commissioner Martel asked how much loss the City is experiencing in the water system. Mr. Forbes stated that at least one more water meter is needed to make that determina- tion. He noted that identification and repair of the leaks in the system would help to decrease the amount of loss. Commissioner Vant Hull asked if the staff is actively pursuing installation of meters on the remaining unmetered water. services. Water and Sewer Superintendent Fred Shields stated that there are 88 unmetered services remaining. He noted that those will not be easy installations because the water service lines are old galvanized lines which will probably need replacing. He stated they will be done as the crews have time and materials. Mayor Stiff noted there is $50,000 budgeted in the capital improvement program for repair and maintenance of both water and sewer lines. He then asked how much work can be accom- plished for that amount of money in each area. City Manager Wysocki stated that $50,000 would accomplish only a limited amount of main- tenance each year. He then suggested the Commission may wish to consider borrowing $500,000 for major repai rs, with the monies to be repaid from this budgetary line item over a ten-year period. Mayor Stiff then asked about the proposed expenditure of $1,500 for replacement of lead services. The Director of Public Services stated that tests of the water from those homes with lead I service lines indicate the water is satisfactory. He noted, however, that EPA regulations may require the replacement of those services, at an estimated cost of $1,500 per service. Commissioner Goehrung asked if any of the heavy meta Is listed in the report are con- tained in high levels in the sludge. Waste Water Treatment Plant Superintendent Don Noyes stated that the reports fi led with the state show insignificant amounts of the various heavy meta Is in the sludge. He noted that in some instances, the amount is so low it does not register in the analysis. 02-13-89 14'1 Commissioner Goehrung noted that one alternative to solid waste disposal that has been discussed is use of the sink garbage disposals, which would place food wastes in the sewer sys- tem rather than in the solid waste disposal system. He then asked how this would impact the plant. WWTP Superintendent Noyes noted that putting food products down the disposal will not dramatically increase the amount of waste processed by the plant. He then stated that the plant is a biological plant and can handle large amounts of food wastes. He noted that items such as I oils and milk are the ones that can cause problems for the proper chemical balances in the plant operations. Commissioner Vant Hull asked how Darigold and its plant expansion will affect the plant. Superintendent Don Noyes stated that Darigold has revised its policy regarding sewage and has upgraded its pretreatment program so that it no longer impacts the plant. He then stated that expansion of that facility will cause a review of their procedure to ensure that it does not adversely impact the Waste Water Treatment Plant. City Manager Wysocki asked if there are any major construction projects anticipated at the plant besides the IP beds and the coliforms. Director of Public Service Forbes stated that Graph "B", attached to the report, indicates that from a hydraulic standpoint, the sludge ponds are to be the next improvement. He noted that at the present time, the sludge ponds are full when the sludge injection begins each year. He expressed concern that if a piece of equipment were to break down early in the season, the City would not have adequate space to store the sludge that would build up. Commissioner Vant Hull asked if the City could increase the price of sludge at this time, since many of the farmers are beginning to see its benefits. Waste Water Treatment Plant Superintendent Don Noyes stated that Springhill Road is to be closed for construction; therefore, he must seek new farms for the sludge injection program. He noted that a farmer pays $35 to $42 per acre for commercial fertilizer; and he does not feel that the City can expect to receive more than that for its sludge. He a I so noted that with seeking new farmers, he must allow for lower prices during the upcoming year. Mr. Noyes I stated that he is presently working with a farmer next door to the plant to see if he can inject that property, noting that he wishes to keep the shortest routes possible in the injection pro- gram. Commissioner Hawks asked if it would be feasible to consider storing sludge on a farmer's property rather than at the plant. WWTP Superintendent Don Noyes stated he has been looking at the possibility of a dry sludge system, noting that technology is changing in that area. He noted that at the present time, they are injecting 14,000 gallons of liquid per acre, which has made it a very good product during the dry years. He noted the dry product would be lighter and cheaper to distribute; however, it would then be more in direct competition with commercial ferti lizers. The Commission thanked Phill Forbes, Fred Shields and Don Noyes for their presenta- tions. (d) Director of Libraries Steve Cottrell distributed to the Commission the general policies as contained in the Library's manual, along with a copy of the Library's goals for the upcoming fiscal year, and a sheet on comparative statistics for larger libraries throughout the state. He then indicated that Edna Berg, Chairperson of the Library Board of Trustees is also present to respond to any questions. The Director then reviewed the goals for the upcoming year, which include (1) expanding the hours of service, (2) expanding the collection of materials available and (3 ) increasing re- sources for reference and information service. Director of Libraries Cottrell reminded the Commission that the library building is now 7t I years old. He noted that an average of 2,700 people use the library each week, which means slightly over 1 million people have passed through the facility since it opened. He noted that furniture, paint and carpets are beginning to show wear; and a program for replacement of the various items should be implemented. He noted that a five-year program to paint the interior of the facility is being undertaken in this fiscal year. The Director of Libraries stated that the statistical information reveals that the Bozeman library has one of the smaller collections and one of the larger circulations in the state. He a Iso noted that the budget for the library and the number of personnel are quite low for the size of the circulation. 02-13-89 145 The Director stated that one of the goals for this past year was to keep a staff person in the children's library and to increase its activities. He noted that a person has been on duty in that department during the hours of operation. Also, the programs available for children have been expanded. He noted that the reference section has also been manned during hours of oper- ation; and that service has been used extensively. Director of Libraries Steve Cottrell stated that the Library Foundation was established in I 1982 and has recently been reorganized. He noted that in November they raised $1,500 for the purchase of children's picture books; and he anticipates they will generate additional revenues for library activities. He then stated the Friends of the Library are working to bring programs to the library. He cited various programs which have been done at the library, noting they have been successful. The Director then stated that the library has acquired 200 educational videos through the McArthur Foundation. He noted the tapes are valued at $60,000; and the library purchased them for $6,000, of which $5,400 was funded through grants and donations. Director of Libraries Cottrell stated that in order to meet the goal of keeping the library open more hours, more personnel must be hired. He noted that to keep it open eight more hours per week would require funding the equivalent of one additional full-time employee. Commissioner Vant Hull noted the architect designed the building so that theoretically one person could operate the library from the circulation desk. She then suggested that the refer- ence desk would not need to be staffed during all library hours. She also suggested that a vol- unteer could be posted on the upper floor during the evening hours to ensure there is no vandal- ism or theft of books. Mr. Cottrell stated he feels library services should be available when the library is open, rather than just having the bui Iding open to the publ ic. He expressed concern about problems that could arise from just having the building open, as proposed above. City Manager Wysocki stated it is important to have a library staff member on duty when- ever the library is open. He noted that volunteers are important; however, the continuity of I having paid personnel working during open library hours is vital. Commissioner Vant Hull noted there is a bill in the Legislature to give monies to libraries, with the monies to be divided on the basis of square mileage and population. She then asked how that will be determined for our library. Director of Libraries Cottrell stated that HB193 provides for dividing the monies among the counties based on population and square miles; however, it does not provide a formula for dividing the monies among the libraries within a county. He then noted that Gallatin County is in a rather unique position, since it has five independent libraries to be funded. Commissioner Martel noted that the use of volunteers must be carefully balanced with paid s ta ff . He then asked if that balance has been attained at the library. Director Cottrell stated he has found no information specifying the balance that would be optimum. He noted that the library has established what they believe to be a reasonable balance between paid and volunteer help; and it seems to be working well. He noted at the present time, volunteers work approximately sixty hours a week, with each volunteer working four hours or less per week. Commissioner Goehrung asked if there is any concerted effort to encourage members of the community to donate volumes to the library. Director of Libraries Cottrell indicated that the library support groups do encourage dona- tions, particularly monetary contributions so the library can purchase the items needed. Commissioner Martel asked in what area the library is most deficient. The Director stated all areas are deficient; however, it appears the adult non-fiction, I particularly in science and technology, are about the weakest. He also noted that the children's picture books receive heavy use; and that area needs to be addressed as well. I n response to a question from Commissioner Vant Hull, Mr. Cottrell stated that the li- brary sometimes duplicates the books in the MSU library. He noted, however, that if it is a mar- ginal situation, he will contact the MSU library; and if they have the book, he will not purchase it. He noted that as a general rule, the books at the MSU library are more technical than those at the public library. Mayor Stiff asked how many more hours the library could be open each week without run- ning out of books. 02-13-89 146 Director Steve Cottrell stated the only collection depleted is the children's picture books. He noted the library has considered imposing a limit on the number of books one can check out; however, a review of the number checked out by anyone person indicated that seldom are more books checked out than the limit that would be imposed. He then stated that a survey of users of the library revealed that a high percentage of those looking for a book find the book they are after or an acceptable substitute. In response to a question from Mayor Stiff, Mrs. Edna Berg stated that it would cost I $20,000 to $24,000 to hire the equivalent of one additional full-time employee to keep the library open one more day each week. Commissioner Hawks asked about use of some of the highly qualified volunteers in a super- visory capacity, possibly encouraging them to work a few more hours each week. Director of Libraries Cottrell stated the Library Board of Trustees has discussed the use of volunteers extensively. He then suggested that the Commission may wish to meet with the Library Board to further discuss these issues. Mrs. Berg stated that she will send a memo to the Commission inviting them to attend a meeting with the Board, noting that she wi II give them a month's notice. The Commission thanked Steve Cottrell and Edna Berg for their presentation. B rea k - 4: 1 5 to 4: 22 p. m . Mayor Stiff declared a break from 4:15 p.m. to 4: 22 p. m , in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff updates (continued) - (a) Water and Sewer; (b) Waste Water Treatment Plant; (c) Fire; (d) Library (c) Fire Chief Allen Shearman distributed to the Commission an information sheet on the Fire Department's goals for the upcoming year. He noted that the number of employees has re- mained the same as last year; and the City has maintained its Class IV fire rating. He noted that the training program is suffering because of the low number of personnel; however, they I are receiving as much training as possible. He stated that up to five of the firemen will attend the National Fire Academy in Emmitsburg, Maryland this year. He noted that the City must pay $132 to cover the costs of meals for a two-week period; but the Academy bears the rest of the costs. He stated the firefighters must make application to attend the Academy and must qualify for the session. He noted that Bozeman has a high success rate in that acceptance process, indi- cating that two of the five have already been accepted. He further noted that the firefighters are prepared to attend any session at a moment's notice if the Academy receives a cancellation. Fire Chief Shearman stated that the Haz Mat van is being used in various ways, including river rescue assistance, climbing practice and communications. He noted that the firefighters who operate the van do training on their own, at no cost to the City. He stated that new team members will be trained during the upcoming year. He stated there are currently ten members on that team; and they must receive a physical every two years, at an approximate cost of $250. The Fire Chief stated that the radio system in the Fire Department must be updated to allow them to communicate better with the ambu lance, police and other emergency agencies. He noted that those agencies have upgraded thei r radio systems over the past few years, and the Fire Department has not kept up with that transition. Fire Chief Shearman stated that the Fire Department is now conducting inspections for all new business I icense applications, prior to issuance of the license. He noted that the data from those inspections is now being loaded into the computer. He noted that the additiona I workload being created by not only this activity but federal regulations and requirements, and enforce- ment of the codes, have caused the need for a full-time secretary in the department. I The Fire Chief stated that updating of the second half of the self-contained breathing ap- paratus is to be done this year through the capital improvement program. He noted that if that updating is not underway by March 1, the City will face a 7 percent increase in those costs. Fire Chief Shearman stated that publiC education programs are undertaken by the fi re- fighters whenever possible. He noted that they just completed a "Safety through Music" pro- gram in the schools, noting that the fi refighters donated $1,500 to the program. He indicated 02-13-89 147 that the firefighters do travel to most, if not all, of the schools in the county in their edu- cational efforts and school inspections, at no cost to the City because the firefighters do it on off-duty time. Fire Chief Shearman then noted that during the past year, the firefighters remodeled the main fire hall, providing for more office space and a separate area for the firefighters living quarters. He stated the materials were purchased through the capital improvement program, I with the firefighters providing the labor. In response to a question from Commissioner Martel, the Fire Chief stated there are cur- rently eight volunteer firemen. He stated that he plans to hire four more volunteers, since he tries to maintain the volunteer force at twelve. Commissioner Martel then asked if the Fire Department is tied into the 9-1-1 system. The Fire Chief responded it is not; but they are dispatched through the Police Department. Commissioner Vant Hull asked if it would be possible to receive an annual report from the Fire Department once again, including statistical information on the calls to which they have responded during the past year. Fire Chief Shearman stated he will make an effort to get an- nual reports done in the future. Commissioner Martel asked if City fire equipment was used during the fires last summer. The Fire Chief indicated that some of the City's equipment was used; and it was reimbursed $12,600 from the National Forest Service and the State Department of Lands. He then noted that off-duty firemen also assisted in the firefighting efforts; and they were also paid by the National Forest Service and State Department of Lands. The Commission thanked Allen Shearman for his presentation. Tentative appropriation ordinance for the capital improvement program for the period October 1, 1988 through September 30, 1989 City Manager Wysocki presented the tentative appropriation ordinance for the capital im- provement program for the period October 1, 1988 through September 30, 1989, as approved by I the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD OCTOBER 1, 1988 THROUGH SEPTEMBER 30, 1989. The City Manager briefly reviewed the items contained in the tentative appropriation or- dinance. He noted that the top priority for each division has been funded under this proposed ordinance; and in some instances the second priority has also been accommodated. He then re- viewed the various projects contained in the ordinance, noting that the first section contains those items which have been rebudgeted from last year. The City Manager then cautioned the Commissioners that the proposed reserve balance to carry forward to next year's budget is low, reminding them that an alternative source of reve- nue must be developed for this program. City Manager Wysocki stated that the staff is proposing that $100,000 be transferred from the undesignated reserve to the capital improvement program to fund the projects listed for this fiscal year as well as the reserve for next year. He reminded the Commission that they had made the decision last year to transfer one-half of the previous year's reserve, not to exceed $50,000, into this program. He noted that this year, the amount of reserves was only $27,000; and $13,500 was not adequate to cover the costs in this proposed ordinance. The City Manager then encouraged the Commission to make the conscious decision to transfer $100,000 as requested by staff. I Commissioner Vant Hull stated that a conversation with Recreation Superintendent Sue Harkin revealed that the hot tubs are very popular. She noted that some of the individuals have indicated a willingness to contribute toward the purchase of hot tubs for the Swim Center, stating probably $1,000 could be raised in a short period of time. City Manager Wysocki no~ed that hot tubs are a popular item. He then stated it is im- portant to maintain interest in the Swim Center, and introducing new items such as this is one way to do that. He suggested that attaching a coin operated mechanism to the hot tubs could generate some revenues for their purchase. He noted there are problems attached with that ap- proach, however. 02-13-89 148 Commissioner Martel stated he feels that if hot tubs are installed, they should be self- supporting. He concurred that they are desirable; howeve r , he noted there are many capital items which cannot be funded because of the lack of money. Commissioner Hawks asked why the pool blanket has not been included in the proposed ordinance. The City Manager stated that some of the projects requested for funding in this fiscal year were not accommodated due to the lack of monies. He noted that the cost of the pool blan- I ket is $17,000; and it was deleted from funding. Commissioner Hawks noted that when leaving the parking lot at the Swim Center, one can only make a right-hand turn. He stated that is inconvenient and suggested that left-hand turns be allowed. City Manager Wysocki stated that only right-hand turns are allowed because of the heavy traffic leaving that parking lot just after the school day is completed. He also noted there is a crosswalk just west of the parking lot exi ts; and left-hand turns could cause a lot of sa fety problems. As a result of previous discussions on the various projects, the City Manager noted that the hot tubs, the wells in Lindley Park and the cemetery, and the pickup equipment for garbage collection are to be brought back to the Commission for approval prior to purchase. He then stated that he has not yet received a cost analysis on the electrical costs for the wells, but will submit that information to the Commission when it is available. Mayor Stiff asked if the Commission wishes to support the staff's recommendation that $100,000 be transferred from the reserves to fund this program. He then expressed concern about transferring such a large amount, particularly with $171,000 being set aside in reserves for next fiscal year. City Manager Wysocki reminded the Commission that if the transfer is not made, there will only be $71,000 in reserves going into next year's program. He further reminded the Commis- sion that under this ordinance, the general fund projects total over $400,000. He noted the Com- mission may wish to decrease the transfer to $50,000; howeve r , they must make that conscious I decision recognizing that it severely limits the projects that could be funded next year. City Manager Wysocki stated that funding sources for this year's program include a trans- fer of $73,000 from the energy conservation capital improvement program, which is being closed into th is prog ram, and $199,000 in Revenue Sharing monies, which must be used in this fiscal year. Following discussion, the Commission concurred that $50,000 be transferred from the un- designated reserve to the capital improvement program, recognizing that will create a reserve of $121,000 for next year's projects. They further recognized that a permanent source of revenue for the capital improvement program must be established to make this a viable program. Mayor Stiff questioned why the tree maintenance district is not funded under the pro- posed ordinance. City Manager Wysocki stated it was included in the capital improvement program as a re- minder of that effort; however, there is no money to fund the program for this fiscal year since no district has yet been created. He noted that the staff will proceed with the initial steps which must be completed before a district can be created. The Commissioners then addressed some of the items listed under the enterprise funds. Commissioner Hawks questioned the appropriation of $100,000 for opening of a new landfill area. The City Manager noted that the City must contract that work, since the staff does not have time to open the new area and keep up with landfilling operations at the present area. He stated the City crews will help as much as possible on opening of the new area; however, he I feels that wi II be minimal. City Manager Wysocki noted that a question was previously raised about how long it takes to train personnel to operate a motor grader. He indicated that it takes 200 hours of training. Commissioner Martel questioned the request for a pickup with a tailgate lift for the Water Treatment Plant. He suggested that a forklift could be better used to move the chemicals in the plant. . The City Manager reminded the Commission of the upcoming expansion of the plant. He noted that when that expansion is done, the area where the chemicals are now stored will house 02-13-89 149 a new bank of filters. He stated that a new addition for storage of the chemicals will then be required; and that addition will be constructed so the chemicals are stored where they are need- ed in the filtration process. He noted this will eliminate the need to move the chemicals, thus eliminating the need for a forklift. The City Manager then stated that a pickup with a tailgate lift which will maneuver and rotate as necessary wi II be adequate for moving chemicals at this time; and it can be moved to another City department after its use has terminated at the plant. I Commissioner Hawks asked if the 5-yard dump truck can be used for snow removal. Commissioner Martel noted that a 5-yard truck is borderline; and a 12-yard truck would be much better. He noted, however, it is difficult to justify the purchase of a 12-yard dump truck when its only real use would be for snow removal. Commissioner Vant Hull asked if the sprinkling districts could be expanded to include removal of snow from the curbs. City Manager Wysocki stated he feels that could be more appropriately handled through a street maintenance district. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission provisionally adopt the tentative appropriation ordinance for the capital improvement program and set the public hearing for March 6, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Continued discussion - fund reserve policy for enterprise funds Continued discussion - review of rates for water, sewer and garbage City Manager Wysocki suggested that, due to the late hour, the Commission may wish to defer these two discussions unti I next week's meeting. Following a brief discussion, the Commissioners concurred; and the Mayor requested that it be placed on the agenda immediately following the public hearing to be held at 7:00 p.m. I Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize use of annual leave - Clerk of the Commissioner Sullivan - various dates between now and March 31; appoint Mary Cain Lathrop as Acting Clerk of the Commission Ratify temporary beer license - Bozeman Lions Club, Gallatin County Fair rounds - Saturda , Februar 11, 1989 Building Inspection ivision eport for January 1989 Authorize Mayor to sign - project budget for improvements to Lyman Creek (required documentation for the DNRC loan) It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com~ mission approve the consent items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung and Mayor Stiff; those voting No, none. Adjournment - 5: 30 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 02-13-89