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HomeMy WebLinkAbout1988-10-17 452 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 17, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 17, 1988, at 2;00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I 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 I t was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of October 11, 1988 be approved as amended. 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. Award bids - Wheat Drive outfall sewer (CIP) This was the time and place set for awarding of the bid for construction of the Wheat Drive outfall sewer. The City Manager noted monies for this item have been appropriated in the Capital Improvement Program budget. City Manager Wysocki distributed to the Commissioners a memo from Director of Public Service Forbes recommending that the bid be awarded to Johnston Excavating, Inc., Bozeman, Montana, in the corrected bid amount of $104,932.52 for Schedule I and Alternate No.1, it being the lowest and best bid received. He also submitted to the Commission a letter from HKM Asso- ciates, consulting engineers, indicating that all information for this bid is in order and recom- mending that it be awarded to Johnston Excavating, Inc. He then concurred in those recom- I mendations. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bid for construction of the Wheat Drive outfall sewer be awarded to Johnston Excavating, Inc. , Bozeman, Montana, in the corrected bid amount of $104,932.52 for Schedule I and Alternate No. 1, it being the lowest and best bid received. 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. Preliminary Plat review - amended plat application of Amended Lots 3, 4, 5 and 6, Block 1, Annie Subdivision - Phase I, and Annie Subdivision - Phase I - a ortion of Tract 1 A of COS No. 1240 , situated in the SE-k, NE!, Section 2, 2S, SE, MPM - Ro er and Rosalind Smith and Mike arrity This was the time and place set for review of the amended plat application of the Amend- ed Lots 3, 4, 5 and 6, Block 1, Annie Subdivision - Phase I, and Annie Subdivision - Phase I, being a portion of Tract 1 A of Certificate of Survey No. 1240A, located in the southeast one- quarter of the northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The property is more commonly located along the north side of Durston Road at North 22nd Avenue extended. Planning Director Andy Epple presented the staff report. He indicated that a previous application amended Lots 3, 4, 5 and 6 of Block 1 of Annie Subdivision - Phase I, which has re- sulted in the lengthy description. He then stated that this amended plat is to amend the entire I Annie Subdivision - Phase I, by decreasing the width of specified utility easements within the subdivision. He indicated that under this amendment, the width of the existing 30-foot sewer line easement would be reduced to 20 feet, which is within the design standards. Also, the util- ity easements along the side lot lines would be reduced from 20 feet to 16 feet under this amend- ed plat; therefore, an 8-foot strip would be set aside from each lot. Further, the existing 20- foot easement along the rear lot line and front lot line of each lot would be reduced to 10 feet. He noted this application has been made to allow stick built homes to be constructed within the 10-17-88 453 subdivision. He stated at the present time, many of the lots are too narrow with the existing easements which must be observed. Planning Director Epple stated this preliminary plat was carefully reviewed by the City staff . The City-County Planning Board held its public hearing on this item on Thursday, October 13, following which it concurred in the staff's recommendation for approval, subject to six conditions. I Commissioner Hawks noted that this amended plat results in an advantage to the property owners. He then asked if it would be possible to leave the response time open longer so that all interested parties could take advantage of it. Planning Director Epple stated that a developer has one year in which to meet the condi- tions prior to filing of a final plat; and that period may be extended another year upon approval by the Commission. He stated in this instance, the applicant wishes to file the final plat within a few weeks; so there is a very limited time period. Commissioner Vant Hull asked if it would be possible to submit another amendment after all of the remaining signatures have been collected. The Planning Director responded that is a possibility; however, the Planning Board ex- pressed concern about the potential of going through the process again. He then indicated that only those property owners who sign the platting certificate will benefit from this amendment, which reduces the width of easements on thei riots. Commissioner Martel asked about the 10-foot easement through the center of the blocks, as shown on the plat. Planning Director Epple stated that is the pedestrian walkway easement which was estab- lished in the original plat. He noted it runs through the subdivision to the private park along the west side of Phase I and has been developed with a paved walkway. Commissioner Martel then noted the private park is 20 feet wide with a 10-foot easement along the east side. He asked if that limits park use to only 10 feet. The Planning Director indicated that the utilities have already been installed. He then I stated that the easement will have no impact on surface uses, except for construction of a per- manent structure. Commissioner Goehrung asked if conflicts with the easements would have arisen if only mobile homes were allowed within the subdivision. Planning Director Andy Epple stated the side lot line easements would not have created a problem for mobile homes. He noted, however, that with stick built homes, they can create problems. He further stated that to provide for an 8-foot easement on each side of the lot line establishes restrictions on the same area that the zoning code does. Mayor Stiff asked if there is any reason a property owner may not want to sign the ap- propriate platting certificate for this amendment. The Planning Director indicated that question will be addressed by the applicant. Mr. Mike Garrity, Garrity-Shaw Homes, indicated he is one of the applicants. He stated there may be instances where a property owner is not available to sign the platting certificate. He then stated that at the present time, there are several violations to the covenants within the subdivision; and he is working to eliminate those violations. He indicated that some of those property owners may not wish to sign the platting certificate as a result of this action, even though it would be to their benefit. Mayor Stiff cautioned that enforcement of the covenants is not a part of the consideration for this item. Mr. Garrity concurred; however, he expressed concern that fai lure of one property owner to sign the platting certificate could result in not being able to file the amended plat unless the I conditions are approved as recommended. Commissioner Martel asked several questions about the Easement Note, to which the Plan- ning Director responded. The Commissioner also questioned why there are easements on all four sides of each lot, suggesting that a long easement along the back lot lines would have been much simpler. The Planning Director concurred, noting this is the first time he has seen a subdiv- ision platted in this manner. Commissioner Hawks asked if it would be possible to obtain signatures that would be re- troactive and file the plat at this time. The City Attorney indicated that without the signatures, the plat is not recordable. 10-17-88 454 Commissioner Hawks asked if the easement in the private park will limit the placement of trees and shrubs; the Planning Director indicated it would not. Commissioner Martel asked if fences could be erected along the property lines because of the easements. Planning Director Epple stated that the utilities are generally located along one side of the property I ine or the other. He noted that construction of a fence on the property line should not affect the easement. City Manager Wysocki recommended approval of the preliminary plat, subject to the six I recommended conditions. He further recommended that the Commission approve the three addi- tional recommendations submitted by the Planning Board. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the Preliminary Plat of the amended plat application of the Amended Lots 3, 4, 5 and 6, Block 1, Annie Subdivision - Phase I, and Annie Subdivision - Phase I, being a portion of Tract 1A of Certificate of Survey No. 1240A, located in the southeast one-quarter of the northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meri- dian, subject to the following conditions as recommended by the City-County Planning Board: 1. Prior to final amended plat approval, the covenants for Annie Subdivision - Phase I be amended to prohibit the placement of trees, large shrubs and outbuildings over the 20-foot sewer line easement between Lots 21 and 22 of Block 1; 2. That the revised "Easement Note" on the face of the final amended plat state: "I n Addition To Easements Shown On This Plat, Easements For Utilities Shall Be 8 Feet Either Side Of Interior Lot Lines, And 10 Feet Along Front And Rear Lot Lines And 10 Feet Along Any Remaining Lot Lines Along The Exterior Lines Of The Subdivision. II 3. That a 10-foot utility easement be shown on the final amended plat in the private park along rear property lines of lots in Block 1 and Block 6; 4. Prior to final amended plat approval, Montana Power Company, Mountain Bell, and TCI Cablevision of Montana file appropriate quit claim deeds re- I linquishing their interest in the reduced portions of the existing utility easements; 5. All owners of record of lots amended in Annie Subdivision - Phase I sign the appropriate platting consent certificate on the final plat prior to filing; and 6. All utility easements as described herein be shown within Lots 1, 2 and 3 of Block 14, where adequate room exists on the plat to depict such informa- tion. 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. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission (1) direct the City Attorney to review Condition No.5 to ensure legal conformity with state statutes; (2) waive the Environmental Impact Statement and parkland dedication re- quirements, as they have been met during the original subdivision process; and (3) approve the variance to reduce the utility easements to 8 feet along side lot lines and 10 feet along front and rear lot lines, and 10 feet along any remaining lot lines along the exterior lines of the subdiv- ision. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Ma rtel and Mayor Stiff; those voting No, none. Discussion - deceleration of delinquent special assessments I City Manager Wysocki submitted to the Commission a memo from Administrative Services Director Gamradt, along with a letter from Paula Rindels, of Dorsey and Whitney, concerning de- celeration of delinquent assessments. The Administrative Services Director noted that during the recent League Convention, there was discussion about how different communities handled special assessments. He noted that a representative from Conrad had discussed deceleration of special assessments; and a con- versation with him revealed that, even though the words used were different, the process was the same as Bozeman is currently following. 10-17-88 455 Administrative Services Director Gamradt indicated that his memo summarizes the letter from Paula Rindels. He noted that State statutes allow the City to accelerate delinquent special assessments, which the City did decide to do a few years ago, when interest rates were high. He noted that the City may allow the special assessment to be brought current and reinstate fu- ture assessments; however, the County is not allowed that option for reinstatement of a City special assessment. He indicated that reinstatement requires that all delinquent assessments, I plus 10 percent annual interest, must be paid. For reinstatement of an accelerated special as- sessment, the 2 percent penalty may be waived; however, it may not be for a delinquent assess- ment or for a pay-off. He then noted there is no provision for the City to lIundoll the acceler- ation of a delinquent special assessment without the appropriate costs being paid. He stated that this is the procedure which the City has followed, except for the optional waiving of the 2 percent penalty. He then indicated the 2-percent penalty is computed immediately upon delin- quency and is applied to the entire outstanding balance of the special assessment. Commissioner Martel expressed concern that the Commission cannot reverse a previous Commission action in this instance. He further noted concern that delinquent assessments are being handled differently. Administrative Services Director Gamradt indicated that delinquent assessments have been treated alike, depending upon the point at which those assessments became delinquent. He not- ed that the City did not accelerate delinquencies until a few years ago, to address the concern that delinquencies had increased due to the interest rates being substantially higher than the penalty for delinquency. He noted the economic situation has since turned; and that is no long- er the case. He reminded the Commission that just recently, a new special improvement district policy was adopted; and acceleration of delinquencies was eliminated. He then cautioned that continual cycles of accelerating and not accelerating would not be wise. Commissioner Vant Hull asked about the recent reinstatement request from Bob Kern. The Administrative Services Director stated that the Commission may waive the penalty if it wishes; however, the delinquent assessments and interest must be paid at the City before the I balance may be reinstated. He then indicated that in this situation, approximately $309 of the $19,000 owing could be waived at the Commission's discretion. Commissioner Vant Hull noted the penalty in this instance has increased more than normal because the County Treasurer did not sell the lots at tax sale after three years. City Manager Wysocki reminded the Commission that the City has on-going expenses, even if a property owner becomes delinquent in payment of his assessments. The Administrative Services Director noted that principal and interest on the bonds must still be paid; and those costs are ultimately absorbed by the general taxpayer through the SID Revolving Fund levy. Commissioner Hawks referred to Bob Kern's letter of October 7, copies of which he had distributed to the Commissioners. He noted in that letter Mr. Kern has suggested that the City allow payment of delinquent assessments as computed by the real estate firm for two lots and quit claim of the remaining two lots to the City. City Manager Wysocki reminded the Commission that the State statutes do not allow for this type of transaction to address accelerated delinquencies. Commissioner Vant Hull reminded the Commission that the 1972 Constitution indicates that the statutes should be construed liberally for municipalities. She then stated support for ac- cepting the proposal set forth by Mr. Kern. The City Manager once again cautioned the Commission to follow statutory provisions. B rea k - 3: 1 0 to 3: 1 7 p. m . I Mayor Stiff declared a break from 3:10 p.m. to 3:17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - deceleration of delinquent special assessments Commissioner Hawks noted that the prior discussion of Mr. Kern's request revealed that a member of the City staff gave verbal instructions on how to figure the amount due as of a spe- cific date, suggesting the City may be responsible in part for the inaccurate figure derived. He then stated that to accept the proposal set forth in the letter would bring two of the delinquen- cies current and deed the two remaining lots to the City, thus placing those lots back on the 10-17-88 456 tax rolls. He suggested another option might be to have Mr. Kern approach the property owner with a proposal that she deed all four lots to the City with a clear title. The City could then relieve her of any responsibility for the delinquencies and sell the lots at a future date. Commissioner Hawks noted that the delinquencies are currently higher than the value of the lots on the market; and to allow these parcels to go through tax sale would result in a need to quiet title. He suggested the proposal submitted would alleviate the need to follow that pro- cess and incur the additional expenses. I Mayor Stiff asked if the Commission can legally consider this proposal. City Attorney Becker stated that the subject parcels have already been sold for taxes; and the redemption period is currently in progress. He then indicated he does not feel that the property owner could provide the City with a clear title to the lots due to the situation. He further suggested there may be additional debts outstanding against the parcels of which the City is not aware. Mayor Stiff stated that, based upon legal advice and concern about establishing a prece~ dent, he cannot support acceptance of the proposal. Commissioner Martel once again expressed concern about the changes from not accelerating to accelerating and back to not accelerating. Commissioner Goehrung stated he does not feel the Commission has the option to accept the proposal under the existing statutes. Commissioner Hawks asked if there is a consensus that the Commission feels the City has incurred some liability through this process and, therefore, that the proposal as submitted should be accepted as compensation for that liability. Following discussion, the Commissioner noted that three had indicated some interest in entertaining the proposal and two had indicated no interest. He stated, based on that discussion, he would propose that the issue not be pur- sued any further. Ordinance No. 1271 - amending Section 18.46.040 of the Bozeman Municipal Code by adding as ermitted uses those permitted in the R-2 districts not to exceed 24 feet in hei ht and amendin Section 18.52. 140 ) by adding con itiona uses allowed In -2 districts, inc u Ing planned unit I developments not exceeding five units per acre City Manager Wysocki presented Ordinance No. 1271, as prepared by the City Attorney, entitled: ORDINANCE NO. 1271 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING SECTION 10 OF ORDINANCE NO. 1224 AS CODIFIED BY SEC- TION 18.46.040 OF THE BOZEMAN MUNICIPAL CODE BY ADDING AS PERMITTED USES THOSE USES PERMITTED IN R-2 DISTRICTS NOT EXCEEDING 24 FEET IN HEIGHT AND AMENDING SECTION 12 OF ORDINANCE NO. 1224 AS CODIFIED BY SECTION 18.52.140(1) OF THE BOZEMAN MUNICIPAL CODE BY ADDING AS A CONDITIONAL USE THOSE USES ALLOWED IN R-2 DISTRICTS INCLUDING PLAN- NED UNIT DEVELOPMENTS NOT EXCEEDING FIVE UNITS PER ACRE. The City Manager reminded the Commission that this ordinance adopts the zone code amendment previously approved by the Commission to allow uses currently allowed in the R-2 district in the R-MH district, subject to specific criteria. He noted this will allow the con- struction of stick built homes and planned unit developments which are compatible with mobile homes. He then recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission provisionally adopt Ordinance No. 1271, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and I Mayor Stiff; those voting No, none. Commission Resolution No. 2728 - adopting sidewalk policy City Manager Wysocki presented Commission Resolution No. 2728, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2728 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ESTABLISHING A POLICY GOVERNING THE DESIGN, IMPLEMENTATION, 10-17-88 457 CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN THE CITY OF BOZEMAN, MONTANA. The City Manager stated that this resolution includes the most recent revisions made by the Commission. He then suggested the Commission may wish to adopt the resolution at this time, adopting the sidewalk policy upon which they have been working for several weeks. Commissioner Hawks noted the Commissioners have just received copies of the sidewalk I policy adopted by the City of Billings, suggesting some of those items should possibly be incor- porated. He noted that economic impact has been addressed in that policy, suggesting it should be in Bozeman's. He also noted that Billings allows for construction of sidewalks on one side of the street with the property owners on both sides paying those costs. City Attorney Becker indicated he will contact the City Attorney in Billings to determine the basis on which the assessments can be made to both sides of the street. Commissioner Martel questioned whether construction along one side of the street should be addressed in the policy or if it would be better addressed on an individual case basis, upon request. He suggested that to include it in the policy could create an opportunity for contro- versy that is not necessary. Commissioner Vant Hull stated support for addressing construction of sidewalks on one side of the street in the policy. She indicated an interest in including language simi lar to that in the Billings policy, noting it will allow for greater flexibility. Commissioner Goehrung asked how economic impact would be included in the pol icy. Commissioner Hawks indicated this item could be appropriately reviewed when addressing the installation of sidewalks in the northeast sector of the community, where there are no paved streets or curbs and gutters, and such a requirement would be an economic hardship. Following a brief discussion, he then suggested that it be included on the last page under "practicality of construction, II noting that it would be given secondary consideration. Mayor Stiff asked if the construction of sidewalks in the northeast sector would be appro- priately addressed under No. 4c. in the implementation pol icy. I Mayor Stiff then indicated he would have no problem with cooperation in installation of sidewalks on only one side of the street; however, he would be concerned about replacement and snow remova I. Commissioner Vant Hull suggested the possibility that two-thirds of the installation cost be borne by the side of the street upon which the sidewalk is not constructed to compensate the property owner who is to be responsible for maintenance. Commissioner Martel noted that the provision for installation of sidewalk along only one side of the street is contradictory to No. 1 of the implementation policy. City Attorney Becker stated that the section of the statute which allows for installation of sidewalks without formation of a special improvement district specifically refers to assessments against the lot or parcel in front of which the sidewalk is constructed. He noted the alternative to assess both sides of the street can be addressed under the special improvement district only. City Manager Wysocki asked if the policy is to address installation of sidewalks on only one side of the street. Discussion included the possibility of allowing this exception for citizen-initiated installations where 100 percent of the property owners have signed the request, being listed as an exception under No. 2 of the implementation policy. The City Manager indi- cated the staff will contact the City of Billings for additional information prior to inclusion of this item. Commissioner Martel requested that No. 1 under the implementation policy be revised to read "... if internal pedestrian walkways are provided. II The Commission concurred. Following a brief discussion, the Commission also concurred that economic impact should I be listed under "practicality of construction II and be given secondary consideration. Also, it was determined that many of the statements contained on that page are general; therefore, no specific criteria need be established at this time. City Manager Wysocki indicated this policy will be revised once again and submitted to the Commission for possible adoption at the October 31 meeting. He then suggested the Commission may wish to conduct a public hearing on this policy at the November 21 meeting; they concur- red. 10-17-88 458 form and terms and the covenants of the Cit City Manager Wysocki presented Commission Resolution No. 2729, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2729 RESOLUTION RELATING TO $56,100 SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 1988 (SPECIAL IMPROVEMENT DISTRICT NO. 654); PRESCRIBING THE I FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF. The City Manager indicated that Dorsey and Whitney, bond counsel, prepared this resol- ution. He then recommended that the Commission adopt this resolution. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2729, relating to the bonds for Special Improvement District No. 654. 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. Request for permission to address Commission re providing water and sewer service to property at 724 North Wallace Avenue - Mike Kvasnick City Manager Wysocki presented to the Commission a letter from Mike Kvasnick requesting permission to install water and sewer services to the property located at 724 North Wallace Ave- nue. He noted that the proposed method of installation is not in conformance with City stand- ards, submitting to the Commission a memo from Director of Public Service Forbes. Mr. Mike Kvasnick indicated that he has leased the subject property from the Burlington- Northern Railroad for fifteen years and plans to renew the lease next year for another twenty years. He stated the subject site currently contains two buildings, one with six separate rental units and one building with a single use. He noted these units are utilized for storage and some light manufacturing purposes. No restroom facilities are required because of the uses; however, he wishes to construct a restroom at the northeast corner of the larger bui Iding for the conven- I ience of the tenants. He stated that installation of the sewer line is no problem; however, he has incurred opposition to his proposal for providing City water to the site. He indicated that at the present time, a 3/4-inch water service line is located two feet above the sewer line in East Aspen Street, which is unpaved. He indicated that to tap into that line and provide water to his site would cost approximately $500; however, the City staff has denied that proposal and has indicated that water must be obtained from the water line in North Wallace Avenue, a paved street, at a cost of approximately $1,200. Mr. Kvasnick then noted that the existing 3/4-inch service line will be abandoned if the City's proposal is followed; and he would propose to utilize it in his proposal. He stated it does cross City property; and he would be willing to sign whatever documents are necessary to utilize it. He stated the water line would then be extended from the new bathroom facility to the sec- ond building under his proposal. He stated that his desire is to upgrade the existing develop- ment on the site; however, it is not economically feasible to install a new water line at a cost of $1,200 to provide water for a restroom facility. Mr. Kvasnick then stated that if he cannot ob- tain City water at a reasonable cost, he plans to drill a well on the site. City Manager Wysocki asked where the present water meter is located. Mr. Kvasnick in- dicated it is in No.7; and that is the only building in which there is water at the present time. He noted that under his proposal, one water meter would be used for the entire parcel; and he would pay the bill. The City Manager then expressed concern about providing water service to two separate I buildings through one service line and meter. Commissioner Vant Hull asked about the square footages in the buildings; and Mr. Kvasnick briefly reviewed the square footage for each unit. Commissioner Vant Hull then expressed concern about the proliferation of wells in the community. The City Manager reminded the Commission that subdivision regulations require that a central water system be provided. He noted that individuals are not allowed to drill wells for domestic use. 10-17-88 459 Commissioner Goehrung stated he has reviewed the site; and has discussed this proposal with Mr. Kvasnick and Director of Public Service Phill Forbes. He noted that at the present time, the water comes into No.7. He stated that under this proposal, Mr. Kvasnick would break the line just east of No. 1 and install a restroom. He indicated that the existing line would then become a private line; however, it does cross public property. City Manager Wysocki stated a desire to discuss this item with the Director of Public Ser- I vice and suggested the Commission refer this item back to staff for resolving if possible. He noted if an agreement cannot be reached, it will be submitted to the Commission again. Mayor Stiff referred the request back to the staff for resolution. Appointment of sub-committee to review Pledged Securities as of September 30, 1988 City Manager Wysocki reminded the Commission that the pledged securities must be re- viewed quarterly in accordance with State Statute. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that Commis- sioner Martel and Mayor Stiff be appointed to review the pledged securities as of September 30, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Application for temporary Beer License - Montana Telemark Co. - October 22, 1988 at the UCT Building Acknowled e recei t of re uest to vacate Oran e Street ri ht-of-wa east from alley to Broadway venue - John L. and Gloria M. Goerke; refer to staff Authorize Mayor to sign - Grant Amendment No. 1 to EPA Grant No. C300108-94 (Step 2+3) - adds $493,200 Authorize Administrative Services Director Gamradt to si n on behalf of Mayor for pay request for EPA Grant No. C300208-94 tep 2+3 I Authorize absence of City Mana er to attend ICMA conference; concur in appointment of dministrative ervices i rector amradt as Acting City Manager Claims Proclamation - "National High School Activities Week" - October 16-23, 1988 It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Consent Items as listed above, and authorize and direct the appropriate per- sons to complete the necessary actions. 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. Discussion - FYI City Manager Wysocki presented to the Commission the following "For Your Information" items: ( 1 ) An invitation to attend the Agriculture Appreciation potluck dinner to be held on Friday, October 28, 1988 at the Fairgrounds. Mayor Stiff indicated he will be unable to attend and encouraged other Commissioners to attend. Commissioner Hawks indicated he will not be able to attend that evening due to a conflict. (2) Agenda for the Chambers Governmental Affairs Committee meeting, which was held at 12:00 noon on Monday, October 17, 1988, at the GranTree Inn. Commissioner Martel indicated he did not attend today's meeting. I (3) A letter from Jack Greenway, dated October 7, 1988, suggesting that the state ad- vertise in the Area Development magazine. (4) Agenda for the Sign Ordinance Committee meeting to be held at 7: 00 p. m. on Wed- nesday, October 19, in the Commission Room. The City Manager noted that time has been set aside for discussion with the City Commis- sion from 7:00 to 7:30 p.m.; and all Commissioners have been invited to attend. (5) The City Manager presented to the Mayor the plaque for the GFOA Certificate of Conformance for the fiscal year ended June 30, 1987. He noted this is the fourth year the City has received this certificate. 10-17-88 460 (6) The City Manager stated that the administration has just settled its negotiations with the Bozeman Police Protective Association, briefly reviewing the terms of that agreement. He noted that overall, the settlement was approximately .2 percent higher than the previous offer, with all of the increase being in sa laries. He stated that review of the costs for fact finding was one of the determining factors in this settlement. He then indicated that the in- crease in salary will be retroactive to July 1. The City Manager then stated the police officers who negotiated this agreement were gen- I tlemen, suggesting the Commissioners may wish to compliment the officers for their efforts. Commissioner Martel asked if this settlement was in line with those of the other bargaining un i ts . The City Manager indicated it is, with the exception being that all of the increase is in salaries where benefits played a part in the other settlements. ( 7) The City Manager stated that following several meetings between the City's insur- ance committee and representatives of Blue Cross/ Blue Shield, they have indicated that there will be no change in premiums until July 1, 1989. He noted this has resulted in an avoided cost of $36,000 for this fiscal year. (8) Commissioner Hawks noted that the signs for the sprinkling district have not yet been removed near the Boulevard Apartments. He then asked about the status of that issue. City Manager Wysocki indicated that the City has not received any response from Mayor Stiff's letter to the property owner. He then indicated that the City has received notification that foreclosure action is to be taken on that property. Commissioner Vant Hull stated that she had heard that residents were going to approach the Methodist Church about using a portion of the parking lot they are currently constructing; however, she has not heard if they have to date. (9) Commissioner Martel expressed concern about the proliferation of garage sale signs being posted on stop light posts, traffic signal posts and light poles. He suggested that the police issue citations for those signs not removed after the sale has been completed to address this situation, noting they are unsightly. I Mayor Stiff requested that this item be placed on a future agenda for discussion, sug- gesting that large lots with weeds could be addressed at that time as well. (10) Commissioner Goehrung announced that he will attend the second session of the Leadership Bozeman seminars on Thursday. (11 ) Mayor Stiff stated that Jim Drummond is preparing a reception in honor of Jay Warwick, Bozeman's bronze medalist in the 1988 Olympics, from 1 :00 to 5:00 p.m. on Sunday, November 6, at the Baxter Hotel. He indicated that Mr. Drummond had asked Jay to be present at this Commission meeting; however, he was unable to attend. (12) Commissioner Hawks noted the Commissioners have received copies of Resolution No. 750, as adopted by the County Commission, concerning the ad hoc committee's recommend- ations. He asked if anyone has reviewed it to determine differences from the City's resolution. No one indicated that they had compared the two. Recess - 5: 07 p. m. Mayor Stiff recessed the meeting at 5:07 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the sche- duled public hearings. Public hearing - Commission Resolution No. 2717 - levying and assessing garbage assessments for I Fiscal Year 1989 This was the time and place set for the public hearing on Commission Resolution No. 2717, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2717 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL , REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EX- 10-17-88 461 PENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the public hearing. City Manager Wysocki stated that these assessments are computed on a base rate of $57.00, which is the same as last year. No one was present to speak in support of or in opposition to final adoption of Commis- I sion Resolution No. 2717. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission finally adopt Commission Resolution No. 2717, levying and assessing the garbage assess- ments for Fiscal Year 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. Public hearing - Commission Resolution No. 2718 - levying and assessing street lighting assess- ments for Fiscal Year 1989 This was the time and place set for the public hearing on Commission Resolution No. 2718, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2718 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELEC- TRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Mayor Stiff opened the public hearing. City Manager Wysocki indicated the amounts assessed against each parcel are based on actual costs which have been incurred. In response to a question from Commissioner Hawks, the City Manager indicated that ac- I crued interest has been included in these assessments. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2718. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Commission Resolution No. 2718, levying and assessing the street light- ing assessments for Fiscal Year 1989. 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. Public hearing - Commission Resolution No. 2719 - assessing delinquent snow removal bills for Fiscal Year 1988 This was the time and place set for the public hearing on Commission Resolution No. 2719, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2719 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CER- TAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GAL- LATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. I Mayor Stiff opened the public hearing. City Manager Wysocki stated that this resolution places all unpaid bills for snow removal on the special assessments. He noted there are thirty-six outstanding bills, totaling $1,837.30. He indicated these bills represent actual costs incurred by the City plus a $20.00 penalty. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2719. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission finally adopt Commission Resolution No. 2719, assessing delinquent snow removal bills 10-17-88 462 for Fiscal Year 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Public hearin - Commission Resolution No. 2720 - lev in and assessin as- sessments or Fiscal Year 1989 This was the time and place set for the public hearing on Commission Resolution No. I 2720, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2720 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZE- MAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. Mayor Stiff opened the public hearing. City Manager Wysocki stated the City has five sprinkling districts, most of them being located in the downtown area. He indicated these assessments are based on actual costs incur- red in the street sweeping activities within these districts, including any interest accrued to those districts. Commissioner Martel asked if any review has been done to ensure that the boundaries for each of these districts are being observed. The City Manager indicated that no review has been done. He then reminded the Com- mission that the Mayor sent a letter to the owner of the Boulevard Apartments concerning on- street parking in that area; however, the City received no response, and the boundaries for the district have not been adjusted. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2720. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission finally adopt Commission Resolution No. 2720, levying and assessing street sprinkling as- sessments for Fiscal Year 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Commission Resolution No. 2721 - relevying and reassessing SID No. 649 - water, sewer and storm drains - Annie Subdivision, Phase I - $355,000.00 This was the time and place set for the public hearing on Commission Resolution No. 2721, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2721 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RELEVYING AND REASSESSING SPECIAL IMPROVEMENT DISTRICT 649, CITY OF BOZEMAN FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAIN- AGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. Mayor Stiff opened the public hearing. City Manager Wysocki reminded the Commission that this special improvement district, as well as the following two districts, have been previously assessed, based on the bond amount. He noted that the work on all three districts has been completed, with the total costs equal to the bond amounts. He stated, therefore, that reassessment of these districts results in no I change to the assessments to each individual property owner. Mr. James Lyon, 906 Lottie Avenue, indicated that his questions were answered in the City Manager's explanation. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2721. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission finally adopt Commission Resolution No. 2721, relevying and reassessing Special Improve- 10-17-88 463 ment District 649. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2722 - relevying and reassessing SID No. 650 - streets, curbs and utters, sidewalks and storm drain detention basin im rovements - Annie Subdivision, Phase I _ 458,000.00 I This was the time and place set for the public hearing on Commission Resolution No. 2722, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2722 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 650 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 650. Mayor Stiff opened the public hearing. City Manager Wysocki indicated this reassessment is also based on the bond amount. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2722. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Commission Resolution No. 2722, relevying and reassessing Special Im- provement District 650. 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. Commission Resolution No. 2723 - relevying and reassessing Extended SID No. 651 - street im- provements on a portion of Durston Road and gravel walkway - $47,000.00 I This was the time and place set for the public hearing on Commission Resolution No. 2723, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2723 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 651 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 651. Mayor Stiff opened the public hearing. The City Manager noted this reassessment is based on the bond amount, as noted above. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2723. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission finally adopt Commission Resolution No. 2723, relevying and reassessing Special Im- provement District 651. 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. Commission Resolution No. 2724 - levying and assessing SI D No. 653 - street, curb and gutter, and sidewalk on a portion of Graf Street to collector standards - $180,000.00 I This was the time and place set for the public hearing on Commission Resolution No. 2724, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2724 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENE- FITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 653 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 653. 10-17-88 464 Mayor Stiff opened the public hearing. City Manager Wysocki stated this is a preliminary assessment, based on the bond amount. He indicated the work has not yet been completed; however, it should be yet this fall. He then indicated that the assessments will be finalized upon completion of the project. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2724. Mayor Stiff closed the public hearing. I It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission finally adopt Commission Resolution No. 2724, levying and assessing a preliminary assess- ment on Special Improvement District 653. 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. Commission Resolution No. 2725 - levying and assessing SID No. 654 - street, curb and gutter, and storm drainage improvements on a portion of Lea Way - $56,100.00 This was the time and place set for the public hearing on Commission Resolution No. 2725, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2725 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL BENE- FITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 654 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 654. Mayor Stiff opened the public hearing. City Manager Wysocki indicated this is a preliminary assessment, based on the bond amount. He noted the work should be completed yet this fall; and the final assessment will be made following completion of the project. No one was present to speak in support of or in opposition to final adoption of Commis- I sion Resolution No. 2725. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission finally adopt Commission Resolution No. 2725, levying and assessing a preliminary assess- ment on Special Improvement District 654. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2726 - relev in and reassessin the 1986 Sidewalk Pro ram - 66,575.72 This was the time and place set for the public hearing on Commission Resolution No. 2726, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2726 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY AP- PROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED APRIL 20, 1987, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY AP- PROACHES OR ANY COMBINATION THEREOF. Mayor Stiff opened the public hearing. City Manager Wysocki reminded the Commission that the 1986 Sidewalk Program was locat- I ed in the area of West Koch Street, South 15th Avenue, West Babcock Street and South 23rd Avenue. He noted the work has been completed, and the final costs have been compiled. He then stated that, after some of the individuals completed the work on their own or received an extension on the amount of time in which to complete installation, the total amount assessed within the district is $66,575.72. No one was present to speak in support of or in opposition to final adoption of Commis- sion Resolution No. 2726. Mayor Stiff closed the public hearing. 10-17-88 465 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Commission Resolution No. 2726, relevying and reassessing the 1986 Sidewalk Program. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. I Discussion - topics for fifth Monday discussions City Manager Wysocki stated the Commissioners had requested this item be placed on the agenda. He noted that Mayor Stiff has submitted a list of proposed topics for discussion. He stated other issues which have been raised include discussion of dog license fees, cable televi- sion franchising, posting of private signs on the public right-of-way and weeds on private lots. Mayor Stiff questioned the appropriateness of discussing items he has listed as a result of the fifth Monday discussions in August, noting action is currently being taken on them. He also suggested that discussion on the SI D Revolving Fund and disposition of monies from potential tax sales of lots may be premature at this time, since former City Attorney Bob Planalp is currently working on that item, after which accounting steps must be addressed. The Mayor then noted he was not present when the question of sidewalk liability was ad- dressed. He then suggested it may be beneficial to bring that issue back for discussion. Commissioner Hawks indicated he would like to submit a proposal for beautification of Bozeman during the fifth Monday discussion. He noted this was one of the top priority items during the goal setting process, and suggested it should be addressed prior to the centennial year. Commissioner Martel asked if this beautification project is to be limited to North 7th Avenue. Commissioner Hawks indicated that would be the primary emphasis; however, he feels the entire community should be involved. He then suggested that a centennial calendar of events could be helpful in this project. Commissioner Vant Hull distributed to the Commission a copy of her previous memo listing I suggested topics for fifth Monday discussions. She then indicated she has developed an abbrev- iated file of information on cable television franchising, which she will have copied and distribut- ed to the other Commissioners in next Friday's packets. She indicated the complete file will be available for Commissioner review. Mayor Stiff suggested that the Commission discuss fewer topics in more depth than was done in August. Following discussion, the Commissioners developed the following list of topics and the length of time to be appropriated for each: (1) street maintenance districts - 1 hour; (2) dog license fees - 15 minutes; (3) beautification of Bozeman - 45 minutes; and (4) sidewalk liability - 30 minutes. Adjournment - 8:03 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be adjourned. 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. ALFRED M. STIFF, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 10-17-88