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HomeMy WebLinkAbout1985-10-15 398 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 15, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 15, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commis- sion Sull ivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of October 7, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Vant Hull requested that the Lease with the Chicago, Milwaukee, St. Paul and Pacific Railroad for a 4-acre tract which is utilized as a portion of Lindley Park be removed for discussion. Decision - Conditional Use Permit - James A. Bogen - allow the serving of beer at a coin- operated laundry - Lot 7, Block 2, University Square Subdivision (502 South 23rd Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by James A. Bogen to allow the serving of beer at a coin-operated laundry located in Lot 7 of Block 2, University Square Subdivision. This property is more commonly located at 502 South 23rd Avenue. City Manager Wysocki reminded the Commission that it held the public hearing on this Conditional Use Permit at last weekls meeting. He then recommended that the Commission approve the Conditional Use Permit, contingent upon receipt of the State Beer License. Commissioner Jordan noted he was not present during last weekls public hearing and asked if the subject site is located in a "TI! district. Planning Director Lere indicated it is not in a I "T" district, but the serving of alcoholic beverages requires the Conditional Use Permit process. Commissioner Jordan expressed concern that the subject site borders on a trailer court; and a new residential subdivision is being developed to the south of this site. He expressed concern that if this business does not make it, the washing machines will be replaced with a band and become a bar totally. The Commissioner then asked if there is any way to assure that if the establishment is no longer a Duds In Suds, that the business cannot be transferred into something else. Planning Director Lere stated that a change will require another Conditional Use Permit. He noted that this establishment does not qualify as a bar or tavern, which also requires a Conditional Use Permit; so a change to that type of facility would require going through the entire review process. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion approve the Conditional Use Permit requested by James A. Bogen to allow the serving of beer at a coin-operated laundry located at 502 South 23rd Avenue, contingent on the receipt of a State Beer License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Decision - Master Plan Amendment - Medium-Density Residential to Light I ndustrial and General Hi hway Commercial - Jerry Perkins - Tracts 2 and 3 of COS No. 1215, Section 1, T2S, R5E, M bounded by axter Lane, orth 11th venue extended, est a treet extended and North 19th Avenue extended) I This was the time and place set for the decision on the Master Plan Amendment requested by Jerry Perkins to change the presently designated Medium-Density Residential District to include a Light Industrial District and a General Highway Commercial District on Tracts 2 and 3 of Certificate of Survey No. 1215, located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. This site is bounded on the north by Baxter Lane, on the east by North Eleventh Avenue extended, on the south by West Oak Street extended and on the west by North Nineteenth Avenue extended. 10-15-85 40U City Manager Wysocki submitted to the Commission a letter from the applicant requesting that action on this Master Plan Amendment be tabled because he plans to submit a revised appli- cation with different land designation boundaries. The City Manager then recommended that the Commission acknowledge receipt of the letter and table the decision per the applicant's request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table action on the Master Plan Amendment requested by Jerry Perkins until such time as a recommendation on the revised application is received from the City-County Planning I Board. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Presentation re dimming of lights in town for viewing of Halley's Comet Mayor Weaver indicated that those who planned to make this presentation were unable to attend this meeting and requested that it be deferred unti I next week's meeting. Presentation re grant application for relocation of creek throuqh Langohr Park to enhance trout habitat City Manager Wysocki noted that the Commission had requested this item be placed on this week's agenda. He then submitted to the Commission a memorandum from Director of Public Service Holmes indicating several concerns and listing items he feels should be addressed prior to rehabilitation of the channel for Spring Creek through a portion of Langohr Park. Mr. Jody May presented to the Commission a verbal summarization of the application form he has prepared for a $2,000.00 grant from the Montana Foundation for Trout, with $1,000.00 in-kind services to be provided through donated labor. He then submitted to the Commission copies of a letter of endorsement which he has received from the Recreation Advisory Board for this application. He noted that the Commissioners received copies of his proposal at last week's meeting for their review prior to this presentation. Mr. May indicated that the project is entitled "Spring Creek Enhancement Project" and I its purpose is to enhance the trout habitat and recreational features of approximately 40 yards of Spring Creek lying just north of Mason Street and running through Langohr Park. He noted that the steering committee for the project will be the residents along South Black Avenue who have the creek bordering their properties. He also indicated that several experts in trout habitat will be involved in planning of the enhancement project. Jody May then stated that a three-year evaluation program will be established, par- ticularly to determine whether the trout habitat has been enhanced and whether recreational opportunities and use have increased. He indicated that as project director, he will be re- sponsible for that evaluation process. Mr. May then indicated that at the bottom of the second page, he has stipulated that acceptance of any funds from the Montana Foundation for Trout is contingent upon final approval of the adjacent landowners, the City of Bozeman and the Soi I Conservation Service. He noted that, if the funding of this application is approved, he will then submit a much more compre- hensive plan to those three bodies for consideration and approval before accepting any of the funding for the project. If those three bodies do not approve the project, then the funding wi" not be accepted and the project wi II not be completed. Jody May then indicated that the budget in the application includes $1,800.00 for ex- cavation of the subject section of stream channel through use of City personnel, and $200.00 has been set aside for vegetation costs. Also, $1,000.00 in donated labor will be utilized as in-kind services, as previously noted. Mr. May indicated that the entire $2,000.00 can be utilized for excavation if necessary; but the project will remain within those costs, even if the I number and acute angles of the meandering streambed must be reduced. Commissioner Anderson asked if the impact on the stream above and below the subject site has been considered. She also noted that Mr. Dick Pohl, professor in Architecture at MSU, had prepared a proposal for this area, but the Commission at that time decided not to accept the proposal. Mr. May stated he is aware of the previous proposal, which was denied by the Commission, even though grant monies were available. He then indicated that his proposal has not addressed 10-15-85 401 any impact on the stream above or below the subject enhancement site. He then noted that the garden plots indicate an increased interest in recreational use of the parkland; and he feels that enhancement of the trout habitat is compatible with those uses. Mr. May then indicated that he talked to Mr. Jerry Wells, Fish, Wildlife and Parks, about the trout habitat in Spring Creek; and he indicated that for the most part it is excellent, except for the 40-yard stretch under consideration. I Commissioner Anderson noted there was a flood in that area several years ago; and resi- dents in the neighborhood requested that 100-year culverts be installed to avoid such situations in the future. She then asked if the proposed rehabilitation project with the meanderings will once again increase the risk of flood in that area. Mr. Jody May indicated that a flood plain permit wi II be obtained; and the project will not increase the flood potential. Commissioner Vant Hull asked how long it will be before a decision is made on funding of the application. Mr. May stated he has no idea, but he would assume that the application will be pro- cessed during the winter months. Commissioner Mathre asked Mr. May how confident he is that the project can be completed within the $2,000.00 budget. Mr. May stated that three different individuals have reviewed the proposal and feel that the estimated costs are within the ballpark. He noted if the project appears that it will cost more, less acute angles will be made to remain within the budget. Commissioner Jordan asked how close the stream will run to the garden plots, expressing concern about the possible pollution through herbicides used on those plots. Mr. May noted that he is not sure exactly where the stream wi II run. He noted the drawings which have been included with the application are just conceptual drawings; and the final plans may be very different from those drawings. City Manager Wysocki noted there is a stretch of creek south of Mason Street that has much the same characteristics as the subject stretch and asked Mr. May if he has any interest I in seeing what can be done with that area as well. Jody May indicated that, although from the street it appears to have many of the same characteristics as the subject stretch, that portion which runs south from Mason Street through Woodbrook Planned Unit Development has features which are much more conducive to trout habitat. He noted that, hopefully, enhancement of the stretch under consideration will result in improve- ments to that section also, possibly through added vegetation along the streambanks. City Manager Wysocki then asked Mr. May if he feels the creek meanderings can be made without encroaching upon the South Tracy Avenue right-of-way. Mr. May indicated he is not certain where the right-of-way lies, but he feels that the meanderings can be accomplished out- side that right-of-way. The City Manager then asked who would be responsible for the three-year monitoring program, expressing concern that the City might become involved in something about which it has no knowledge. Mr. May indicated that, as project director, he would be responsible for the monitoring. He noted that he will try to get the Fish, Wildlife and Parks or one of the other professionals to electrofish that section of the stream for the monitoring aspects. He indicated the only City participation in the monitoring will be through surveys sent to the members of the Recreation Advisory Board for their input on whether the recreational uses have been enhanced through this project. Mr. Carroll Henderson indicated that he owns property to the west of Langohr Park. He also indicated that he has water rights in the stream which runs along the west side of his property; and he does not want any rehabilitation in Spring Creek to affect those water rights. I He noted that the top soil in that area is approximately seven feet deep; and he does not feel that Mr. May's proposal will have any effect on his water rights. Mr. Henderson then indicated that he feels the digging of fishing holes and other enhancements are a good idea and should be pursued. Mayor Weaver asked where Spring Creek begins. Assistant City Manager Barrick indicated that Spring Creek is formed at the joining of Matthew Bird Creek and Figgins Creek, which occurs at Kagy Boulevard. 10-15-85 402 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission indicate its support for the application for a grant from the Montana Foundation for Trout for the Spring Creek Enhancement Project as presented by Mr. Jody May, subject to City Commission review and approval of the final plans, considering the items which have been enumerated in Director of Public Service Holmes' memo dated October 11, 1985, prior to beginning of the project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner I Vant Hull and Mayor Weaver; those voting No, none. Discussion - determination on whether to conduct for Montana conomic Development oar monIes or allow City Manager Wysocki presented to the Commission an application to the Montana Economic Development Board submitted by Montana Progress Limited Partnership for $356,000.00 in bonds for building a convenience store, installing of six gas pumps. new signs and paved driveways at 803 East Main Street. The City Manager noted that the action requested on this item is whether the Commission wishes to conduct the public hearing here in Bozeman and submit a recommendation to the MEDB or allow the MEDB staff in Helena to conduct the public hearing and forward its recommendation to the MEDB for action. The City Manager reminded the Commis- sion that a simi lar request appeared before them approximately one month ago; and they for- warded that public hearing to the MEDB staff in Helena. Commissioner Vant Hull asked if the guidelines which the City Manager has drafted and which will be discussed later in the meeting are to be forwarded to the MEDB and, if so, if they will have any binding effect on that board. The City Manager indicated those proposed gUidelines were only for the Commission to consider as a possible alternative which would allow the staff to act on seemingly routine items which meet all the guidelines, contacting Helena to let them conduct the public hearings rather than placing every request on the Commission agenda. Commissioner Mathre expressed concern that there may be individuals in Bozeman interested in a specific project who would not attend the public hearing in Helena but who would attend if I the hearing were held in Bozeman. Mayor Weaver asked who the decision authority is on these items. The City Manager indi- cated that the Montana Economic Development Board has the decision authority. The City Commis- sion may conduct the public hearing if it so chooses and forward a recommendation to that Board. The Mayor indicated that he feels if a project will affect the community, the Commission should have some input into the decision-making process. He then questioned whether the Commis- sion should conduct a public hearing for a decision and process over which it has no control, noting the monies involved are State monies. City Manager Wysocki noted the City may receive a number of these applications and suggested the Commission may wish to consider whether it wishes to add that number of public hearings to its process or allow some of them to be conducted in Helena. Mayor Weaver suggested a third option may be for the Commission to appoint a Hearings Officer, possibly the City Manager, to conduct the required public hearings for the MEDB if the Commission determines that the hearings should be held in Bozeman. The Mayor then noted that the subject application is a fairly significant project, located along East Main Street in an area which is currently undergoing significant change; and the Commission may wish to have input. City Manager Wysocki noted that the public hearings must be conducted in a timely manner, indicating that the MEDB must have the recommendation by the 25th of each month so they may make a decision. It was moved by Commissioner Vant Hull that the Commission consider each application I for MEDB monies and determine whether to conduct a public hearing on that application or submit it to Helena for the hearing. Mayor Weaver yielded the gavel to Mayor Pro Tempore Mathre for the purpose of seconding the motion. Commissioner Jordan noted this is a State program and their monies involved. He a I so questioned whether the Commission should consider each application separately. picking and choosing those which it wishes to hear. He indicated that he feels the Commission should conduct all or none of the public hearings. He noted that during discussion of the previous 10-15-85 403 request, he was cautioned to be careful of his comments and indicated that he would rather send all public hearings to Helena to avoid possible conflict during those public hearings. He also expressed concern that these public hearings could become a political potato with which the Commission could be stuck, and not by choice. The Commissioner noted that the MEDB has estab- lished the program and the process and questioned why the City should become involved and go through the necessary training process. Mayor Weaver noted that, as with any other tax exempt bond issue, the major item to I consider is whether the public good and benefits from the business warrant the issuance of tax exempt bonds. Commissioner Anderson indicated she has several questions she would like answered about the program, including the number of people and who serves on the Montana Economic Development Board, how many people attend the public hearings, a criteria checklist and any background information on the procedure followed. Commissioner Vant Hull stated she feels there is more chance of gathering public input if the public hearings are held in Bozeman. Mayor Weaver expressed concern that the elected officials may be placed in a difficult position if a project of significant impact is approved through the public hearing process in Helena with no attempt to solicit input through a public hearing held in Bozeman. Commissioner Mathre noted that a later item on the agenda concerns guidelines for deter- mining whether to conduct the public hearings in Bozeman or forwarding them to Helena. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission table action on this item until after the discussion on the proposed criteria has been completed. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Anderson, Commissioner Jordan, Commissioner Mathre; those voting No being Commissioner Vant Hull and Mayor Weaver. B rea k - 5: 05 to 5: 1 5 p. m . I Mayor Weaver declared a break from 5:05 p.m. to 5:15 p.m., in accordance with Commission pol icy established at their regular meeting of March 14, 1983. Discussion (continued) - determination on whether to conduct public hearing for project for Montana Economic Development Board monies or allow MEDB to conduct said hearing Mayor Weaver suggested that the Commission may wish to consider the guidelines prior to completion of this item. The City Manager indicated that action should be taken on this specific application first. He noted the item still under consideration is whether to conduct the public hearing in Bozeman or forward it to the MEDB staff. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- mission forward the public hearing for the subject application for $356,000.00 submitted by the Montana Progress Limited Partnership to the Montana Economic Development Board staff. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Anderson; those voting No being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver. Commissioner Mathre asked if there is any compelling reason to hold the public hearing in Bozeman, and further asked if any of the public has indicated interest in this project, noting that if there is, she will support conducting a public hearing in Bozeman. The City Manager noted the only input has been through the MEDB staff. He further noted that there has been no official public notification that this application has been received I or is under consideration. City Manager Wysocki then indicated that Planning Director Lere has questioned whether the subject site might lie within the floodplain or the floodway. He noted that it may be possible the project could not be constructed on that site, even if the financing is approved. Mayor Weaver indicated support for conducting the public hearing in Bozeman, noting that many people in Bozeman may wish to comment on the project but would not consider traveling to Helena to submit comments. Commissioner Vant Hull also indicated support for conducting the public hearing in Bozeman. 10-15-85 401t It was moved by Commissioner Jordan that the Commission conduct public hearings on every application from the Montana Economic Development Board which is forwarded to the City. Mayor Weaver stated the motion was out of order and he would not recognize the motion because a previous motion has been tabled on procedural points; and this motion does not address the question at hand. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission conduct the public hearing on the application submitted to the Montana Economic Develop- I ment Board by the Montana Progress Limited Partnership in Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Ordinance No. 1191 - Zone Map Change - R-4 and R-5 to R-3 in portions of the northeast residential area City Manager presented Ordinance No. 1191, as prepared by the City Attorney, entitled: ORDINANCE NO. 1191 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN IR-4" (RESIDENTIAL--MEDIUM-DENSITY--APARTMENTS) DISTRICT AND AN IR-5" (RESIDENTIAL--HIGH DENSITY) DISTRICT TO AN IR-3" (RESIDENTIAL-- MEDIUM DENSITY) DISTRICT IN THE AREA DESCRIBED AS LOTS 12 THROUGH 21, BLOCK D, BEALL'S SECOND ADDITION; ALL OF BLOCK A, BEALL'S SECOND ADDITION; ALL OF BLOCKS 41, 42, 42 AND 44, IMES AD- DITION; TRACTS 1 THROUGH 16, BEALL'S FIRST ADDITION; BLOCKS J AND K, ORIGINAL TOWNSITE; TRACTS 1 THROUGH 24 IN PERKIN'S AND STONE ADDITION; TRACTS 1 THROUGH 6, BLOCK 1, BABCOCK AND DAVIS ADDITION; LOTS 19 THROUGH 28 IN BLOCK H, ROUSE'S ADDITION; ALL OF BLOCKS 2, 3, 4, 5, 6 AND 7 IN BABCOCK AND DAVIS ADDITION; LOTS 1 THROUGH 14, BLOCK 41, AND ALL OF BLOCKS 42, 43, 44 AND 45 OF NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that it had conducted the public hearing and made its decision on this Zone Map Change at last week's meeting. He then recommended that I the Commission provisionally adopt Ordinance No. 1191 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1191, rezoning portions of the northeast residen- tial neighborhood from R-5 and R-4 to R-3, as noted above. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Commission Resolution No. 2547 - authorizinq application for Land and Water Conservation fund assistance (Jarrett Park) City Manager Wysocki presented Commission Resolution No. 2547, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2547 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING APPLICATION FOR LAND AND WATER CONSERVA- TION FUND ASSISTANCE. The City Manager noted the Commission has previously considered funding for the improve- ment of Jarrett Park and had authorized the staff to pursue a grant for a portion of the costs. He indicated the grant application is in the amount of $10,000.00; the City will fund $9,000.00 from the Parkland Trust Fund; and the Friends of Jarrett Park have raised $1,000.00 toward improvement of the park. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion adopt Commission Resolution No. 2547, authorizing the application for Land and Water Conservation fund assistance for improvement of Jarrett Park. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 10-15-85 405 uidelines for determination on whether to conduct public hearin s for City Manager Wysocki stated he had prepared these proposed guidelines because he feels there may be several applications for use of Montana Economic Development Board monies being submitted for various projects in Bozeman. He indicated his purpose in developing the guide- lines was to avoid submitting all of the applications to the Commission for action, but would I have allowed the staff to indicate that the public hearing was to be held in Helena. The Ci ty Manager then expressed concern, particularly after the discussion above, that such action might place the staff in a precarious position. Mayor Weaver asked the City Manager what answer he may have submitted to the MEDB had the guidelines been in place. The City Manager indicated he probably would h'ave requested that the public hearing be held in Helena. City Manager Wysocki then suggested that the Commission defer further discussion and action on this item for a period of one week. He indicated that in the meantime, he wi II contact the MEDB office in Helena in an attempt to gather the information requested by Commissioner Anderson. He also questioned whether the Commission would have the authority to appoint a Hearings Officer if the public hearings are to be held in Bozeman. Commissioner Jordan asked if a project meets all of the guidelines, whether the public hearing will be held in Helena, but if not, whether the public hearing will be held in Bozeman. The City Manager indicated that was the original intent in preparing these guidelines. Commissioner Mathre noted that the City Manager had not originally prepared these guide- lines for Commission use, but she feels that the Commission could use the criteria in its deter- mination of whether to conduct the publ ic hearings or send them to Helena. Commissioner Anderson asked if any other communities, such as Billings, have established criteria or guidelines to deal with these requests, indicating they might be helpful. City Manager Wysocki indicated he will also check on that during this next week. Commissioner Jordan questioned whether the Commission's recommendation would have any I impact on the decisions made by the MEDB. The City Manager indicated that he feels a negative recommendation from the City Commission would be noticed and considered. Commissioner Mathre suggested another guideline might be whether any public interest has been shown or comment has been made prior to determining where the public hearing is to be held. The City Manager noted there is no public notice that such an application is being considered until after the location of the public hearing has been made and the actual notice of public hearing is published. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that further discussion and action on the proposed guidelines for consideration of applications for MEDB monies, as prepared by the City Manager, be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Com- missioner Jordan, Commissioner Mathre and Commissioner Vant Hull; those voting No being Mayor Weaver. Appointment of subcommittee to review Pledged Securities as of September 30, 1985 City Manager Wysocki stated the Commission must appoint a subcommittee to review pledged securities on a quarterly basis, as required by State Statute. It was moved by Commissioner Jordan, seconded by Commissioner Anderson, that the Com- mission appoint Commissioner Mathre and Commissioner Vant Hull to a subcommittee to review the Pledged Securities as of September 30, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Anderson, Commissioner I Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. n - Lease with and Pacific Railroad; 4-acre portion City Manager Wysocki stated that Commissioner Vant Hull had requested this item be re- moved from the Consent Items for discussion. Commissioner Vant Hull asked if it would be appropriate for the City to consider purchase of this parcel rather than lease, particularly since the lease price is steadi Iy increasing. The 10-15-85 408 City Manager indicated he feels it is appropriate, and he will forward a letter with this lease stating the City's interest. He noted that the purchase price for the site must be based on appraised value. He also indicated this is a three-year lease renewal, rather than the usual one-year lease renewals in the past. The City Manager then noted that the City has thirty days in which to enter into this lease renewal and recommended that the Commission authorize him to sign the document, even though an inquiry on possible purchase will be made. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission authorize the City Manager to sign the lease with Chicago, Milwaukee, St. Paul and Pacific Rai Iroad for the 4-acre portion of Lindley Park around the pond, and authorize the annual payment of $432.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of a packet of information from Senior Planner Mike Money to the Historic Preservation Advisory Commission members. (2) The Planning Staff report on the Zone Map Change request submitted by James W. and Mabel L. Stephens. (3) Minutes from the joint meeting between the City Commission and the City-County Planning Board held on September 26, 1985. (4) The City Manager noted that the Commission had previously requested the balance in the Parkland Trust Fund. He stated that the balance as of June 30, 1985, was $78,026.00, less the $10,800.00 set aside for purchase of the Milwaukee Railroad right-of-way and the $9,000.00 for improvement of Jarrett Park, leaves a balance of approximately $58,226.00. The Mayor questioned whether the $10,800.00 for the Milwaukee Railroad has previously been moved to another trust account, rather than being a part of the initial total given. I (5) The City Manager then noted that the Senate Appropriations Committee has submitted a resolution which provides for further reductions in the Federal Revenue Sharing program, and stated that the latest NLC Nation's Cities Weekly suggests that letters be sent to legislators in an attempt to avoid the reduction. The Mayor indicated he will draft a letter for Commission signatures as soon as possible. (6) The City Manager then indicated that discussions are being held on the possibility of enforcing the Fair Labor Standards Act effective November 1, 1985 rather than October 15, as originally set up. He noted this is a portion of the Garcia decision, with the decision being retroactive to Apri I 15, 1985. Mayor Weaver requested that Commissioner Vant Hull draft a letter for Commission con- sideration. The Mayor then requested that his name not be placed on the letter because he does not feel he has adequate information on the issue. (7) Commissioner Mathre stated a representative from the National Honor Society at the High School has requested suggestions for community projects for the students to complete. She asked that if any Commissioners have any ideas, they submit them to her as soon as possible so she can forward them. Consent Items ro ram as recom- I Claims - It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Consent Items be approved as listed above and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No 10-15-85 40"7 vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Recess - 6:00 p.m. Mayor Weaver declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m., for the purpose of conducting the scheduled public hearings. Public hearing - Commission Resolution No. 2576 - Lighting district assessment for Fiscal Year 1986 - This was the time and place set for the public hearing on Commission Resolution No. 2576, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2576 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 Weaver opened the public hearing. City Manager Wysocki stated the amounts levied in the various lighting districts are based on 100 percent of the actual costs for lighting within those districts during the previous fiscal year. Mr. Kevin Shuttlesworth, 111 Flathead Avenue, indicated he is an engineer for Montana Power. He stated that Montana Power Company will be changing some of the street lights, par- ticularly from incandescent to high pressure sodium lights, at their own expense during the I next few years, which should reflect a decrease in the amount of energy costs to the various lighting districts. Commissioner Vant Hull noted concern has been expressed recently that the increased lighting in cities has affected the residents' ability to look at the skies and asked if that has been taken into consideration. Mr. Shuttlesworth indicated that the lights which they install are directed toward the ground; but those installed by individuals or businesses are not always directed toward the ground. No one was present to speak in support of or opposition to the assessments for the special improvement lighting districts within the City as set forth within the Resolution. Mayor Weaver closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion finally adopt Commission Resolution No. 2576, establishing the lighting district assessments for Fiscal Year 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Public hearing - Commission Resolution No. 2577 - Sprinkling district assessments for Fiscal Year 1986 This was the time and place set for the public hearing on Commission Resolution No. 2577, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2577 I A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. Mayor Weaver opened the public hearing. City Manager Wysocki stated the amounts levied to the various sprinkling districts are based on the actual costs incurred within each of those districts during the previous fiscal year. 10-15-85 408 No one was present to speak in support of or opposition to the assessments for the various sprinkling districts within the City as set forth in the Resolution. Mayor Weaver closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Commission Resolution No. 2577, establishing the sprinkling district assessments for Fiscal Year 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commis- I sioner Mathre and Mayor Weaver; those voting No, none. Public hearing - Commission Resolution No. 2578 - Garbaqe collection assessments for Fiscal Year 1986 This was the time and place set for the public hearing on Commission Resolution No. 2578, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2578 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO." 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Weaver opened the public hearing. City Manager Wysocki stated that the base rate for the garbage assessments is $57.00, which is the same as last year's. No one was present to speak in support of or opposition to the garbage assessments as set forth in this Resolution. Mayor Weaver closed the public hearing. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission finally adopt Commission Resolution No. 2576, establishing the garbage collection I assessments for Fiscal Year 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Public hearing - Commission Resolution No. 2579 - relevvinq and reassessing SID No. 615 - sanitary sewer, Burrup Annexation - $279,711.10 This was the time and place set for the public hearing on Commission Resolution No. 2579, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2579 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 615 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. 615. Mayor Weaver opened the public hearing. The City Manager stated that SID No. 615, which provides for construction of a sanitary sewer line in Burrup Annexation, was preliminarily assessed at the bond amount last year. He noted that all costs involved in construction of the project have been completed; and this new relevy and reassessment is based upon those actual costs. No one was present to speak in support of or opposition to the relevying and reassessing of SID No. 615. I Mayor Weaver closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission finally adopt Commission Resolution No. 2579, relevying and reassessing the costs for Special Improvement District No. 615. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. 10-15-85 409 and reassessing SID No. 621 - This was the time and place set for the public hearing on Commission Resolution No. 2580, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2580 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, I RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 621 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IM~ PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 621 IN ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT CORPORATION V. CITY OF BOZEMAN, ET AL, CAUSE NO. DV-82-968. Mayor Weaver opened the public hearing. City Manager Wysocki stated this SID, along with the four following ones, are relevied and reassessed in accordance with the Eighteenth Judicial District Court Order and the Settle- ment Agreement which was recently entered into between the City and Valley Unit Corporation. The City Manager noted that Commission Resolution No. 2410, adopted in 1982, levied and assessed this district at $523,753.04; and this Resolution relevies and reassesses SID No. 621 at $505,910.00. Mr. Kevin Shuttlesworth, 111 Flathead Avenue, asked how this relevying and reassessment will affect those people who have paid off their previously assessed SID's. City Manager Wysocki indicated that the City staff will be looking at each of the new assessments; and an adjustment will be made based on how a particular parcel of property fits into the overall picture. City Attorney Crumbaker-Smith indicated that in the case of payoffs, if the assessments under this Resolution are lower than the amount paid, the property owner will receive a refund. She noted that any changes will probably be minimal. I Mayor Weaver asked if the refunds will be the result of an application or if they will be calculated and remitted automatically. The City Attorney indicated that all refunds will be calculated and remitted automatically for each of the five subject SI D's. Mr. Shuttlesworth asked how long the refund process will take. The City Attorney stated the City staff plans to complete the process as soon as possible, but it will probably take three to four months. No one was present to speak in support of or opposition to the relevying and reassessing of the costs for SID No. 621. Mayor Weaver closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Commission Resolution No. 2580, relevying and reassessing the costs for Special Improvement District No. 621 per court order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Public hearin No. 2581 - relevying and reassessing SID No. 622 - water main, 92, 2.00 This was the time and place set for the public hearing on Commission Resolution No. 2581, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2581 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, I RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 622 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 622 IN ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT CORPORATION V. CITY OF BOZEMAN, ET AL, CAUSE NO. DV-82-968. Mayor Weaver opened the public hearing. 10-15-85 410 City Manager Wysocki noted that in 1982, this SID was assessed at $315,000.00; and this Resolution now reduces that amount to $292,282.00. Mayor Weaver asked if the City has received a Letter of Credit as a result of the Settle- ment Order, noting it was due this date. He also asked if that would have any effect on the Commission proceedings this evening. City Manager Wysocki stated that the Court Order and the Settlement Order require that the City relevy and reassess the various special improvement districts at the amounts I established by the Eighteenth Judicial District Court. He then indicated that Valley Unit Corporation has not submitted a Letter of Credit. However, they had just inquired as to the final assessment figures because they intend to determine the amount of the Letter of Credit on that basis. The City Manager noted that certain figures were submitted late by an independent party specified in the settlement agreement because the figures initially submitted were not calculated in accordance with the agreement and were unacceptable. He noted the final assess- ment figures should be available within the next week; and our attorney, Bob Planalp, will forward those figures to the Valley Unit Corporation. No one was present to speak in support of or opposition to the relevying and reassess- ing of the costs for SID No. 622. Mayor Weaver closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Commission Resolution No. 2581, relevying and reassessing the costs for Special Improvement District No. 622 per court order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Public hearing - Commission Resolution No. 2582 - relevyinq and reassessing SID No. 623 - sanrtary sewer, Valley Unrt SubdivIsion - $461,242.00 This was the time and place set for the public hearing on Commission Resolution No. 2582, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2582 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 623 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 623 IN ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S EIGHTEENTH JUDICIAL DISTRICT COUNT IN THE CASE OF VALLEY UNIT CORPORATION V. CITY OF BOZEMAN, ET AL, CAUSE NO. DV-82-968. Mayor Weaver opened the public hearing. City Manager Wysocki stated the assessment amount for SID No. 623 has been reduced from $515,643.90 in 1982 to $461,242.00 under this Resolution. No one was present to speak in support of or opposition to the relevying and re- assessing of the costs for SID No. 623. Mayor Weaver closed the public hearing. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission finally adopt Commission Resolution No. 2582, relevying and reassessing the costs for Special Improvement District No. 623 per court order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Public hearinq - Commission Resolution No. 2583 - relevyinq and reassessinq SID No. 624 - I water main, Valley Unit Subdivision - $441,821.00 This was the time and place set for the public hearing on Commission Resolution No. 2583, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2583 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 624 IN THE 10-15-85 411 CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 624 IN ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT CORPORATION V. CITY OF BOZEMAN, ET AL, CAUSE NO. DV-82-968. Mayor Weaver opened the public hearing. City Manager Wysocki stated that in 1982, SID No. 624 was assessed at $525,010.93. I Under this Resolution, the reassessment is in the amount of $441,821.00. No one was present to speak in support of or opposition to the relevying and re- assessing of the costs for SID No. 624. Mayor Weaver closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission finally adopt Commission Resolution No. 2583, relevying and reassessing the costs for Special Improvement District No. 624 per court order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commis- sioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. SID No. 625 - storm This was the time and place set for the public hearing on Commission Resolution No. 2584, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2584 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 625 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. 625 IN ACCORDANCE WITH THE ORDER OF SETTLEMENT FILED IN MONTANA'S EIGHTEENTH JUDICIAL DISTRICT COURT IN THE CASE OF VALLEY UNIT CORPORATION V. CITY OF I BOZEMAN, ET AL, CAUSE NO. DV-82-968. Mayor Weaver opened the public hearing. City Manager Wysocki stated that the 1982 assessment was in the amount of $1,818,870.04. This Resolution establishes a reassessment is in the amount of $1,617,745.00. No one was present to speak in support of or opposition to the relevying and reassessing of the costs for SID No. 625. Mayor Weaver closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Commission Resolution No. 2584, relevying and reassessing the costs for Special Improvement District No. 625 per court order. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. This was the time and place set for the public hearing on Commission Resolution No. 2585, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2585 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY I IN SPECIAL IMPROVEMENT DISTRICT NO. 646 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. 646. Mayor Weaver opened the public hearing. City Manager Wysocki stated the assessments established under this Resolution are pre- liminary and are based on the bond amount. He noted that when the final construction costs have been determined and paid, a Resolution relevying and reassessing the district based upon the actual costs, wi II be submitted to the Commission for action. 10-15-85 412 No one was present to speak in support of or opposition to the assessments to be incurred under this Resolution for SID No. 646, which provides for construction of a water main in a portion of the Gordon Mandeville State School Section Subdivision along North 7th Avenue. Mayor Weaver closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Commission Resolution No. 2585, levying and assessing the preliminary costs for Special Improvement District No. 646, based on the bond amount. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Public hearing - Commission Resolution No. 2586 - levyinq and assessing SID No. 647 - paving, storm drain and sanitary sewer, Highland Boulevard - $900,000.00 (preliminary) This was the time and place set for the public hearing on Commission Resolution No. 2586, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2586 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 647 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 647. Mayor Weaver opened the public hearing. City Manager Wysocki indicated this is a preliminary assessment, based on the bond amount, for the construction of Special Improvement District No. 647. He noted that when the final construction costs have been determined and paid, a Resolution relevying and reassessing the district, based on those actual costs, will be submitted to the Commission for action. No one was present to speak in support of or oPPosition to the assessments to be in- curred under this Resolution for SID No. 647, which provides for paving, storm drains and installation of a sanitary sewer line along a portion of Highland Boulevard. I Mayor Weaver closed the public hearing. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission finally adopt Commission Resolution No. 2586, levying and assessing the preliminary costs for Special Improvement District No. 647, based on the bond amount. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Adjournment - 7:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 10-15-85