HomeMy WebLinkAbout1982-11-08
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 8, 1982
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, November 8, 1982 at 4: 00 p.m. Present were Mayor Stiff, Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager
Evans, Assistant Manager Barrick, City Attorney Planalp and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Mathre.
The minutes of the regular meeting of November 1, 1982 were approved as submitted.
Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed
under Consent Items for discussion. Commissioner Mathre requested that Change Order No. 1
for Lake Glass, Inc., be removed for discussion.
Award bids - 20-inch sanitary sewer line to Waste Water Treatment Plant (EPA Project)
This was the time and place set for the awarding of the bid for the construction of a
20-lnch sanitary sewer line to the Waste Water Treatment Plant. The City Manager concurred
in the recommendation submitted by Thomas, Dean and Hoskins, Inc., that the bid be awarded
to Tom Roe and Son Construction, Inc., Big Timber, Montana, in the bid amount of $167,151.70,
contingent upon EPA approval, it being the lowest and best bid.
Mayor Stiff asked if the firm submitting the low bid had been contacted since the bids
were so varied.
Mr. Doug Daniels, Thomas, Dean and Hoskins, Inc., stated that representatives of the
firm were on site and reviewed the area prior to submitting their bid. He also noted that
they have completed several projects of this nature. Mr. Daniels spoke with the owner of the
I business, and he feels that they can complete the project, cover all costs and have a net
profit left with the bid they submitted. Mr. Daniels further noted that the contractor will be
covered by a Performance Bond.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
bid be awarded to Tom Roe and Son Construction, Inc., in the bid amount of $167,151.70, it
being the lowest and best bid, contingent upon approval by the Water Quality Bureau and the
Environmental Protection Agency. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson,
Commissioner Mathre and Mayor Stiff; those voting No, none.
Decision - Zone Map Change - M-2- T to M-l - Joseph W. Sabol - Lots 14, 15, 16, 17, 18 and
19 and a portion of Griffin Drive of the Gordon Mandeville State School Section Subdivision
This was the time and place set for the decision on the request on behalf of Joseph W.
Sabol for a Zone Map Change from M-2-T to M-l on Lots 14,15,16,17,18 and 19, and a
portion of Griffin Drive of the Gordon Mandeville State School Section Subdivision. This tract
of land contains six parcels and is approximately twenty acres in size. The site is located
along the east side of North Seventh Avenue between Griffin Drive and the railroad overpass,
and Is known as the North Seventh Annexation.
City Manager Evans recommended that the Commission approve the request for a Zone
Map Change from M-2- T to M-l, with a Transitional Overlay District attached.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
I the Commission approve the Zone Map Change on behalf of Joseph W. Sabol from M-2- T to
M-l-T on Lots 14, 15, 16, 17, 18 and 19 and a portion of Griffin Drive of the Gordon
Mandevi lie State School Section Subdivision, and instruct the City Staff to send a letter to
Mr. David Penwell, Attorney for Theatre Operators, Inc., stating that the Starlite Drive-In
Theatre Is recognized as a seasonal business and that winter closure will not be construed as
permanent closure, and that this zone change will neither improve or worsen the theatre's
standing at its present location. The motion carried by the following Aye and No vote:
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those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre,
Commissioner Weaver and Mayor Stiff; those voting No, none.
Application for Raffle License - The Great Bear Foundation of Montana - December 19, 1982
City Manager Evans presented to the Commission an application for a Raffle License,
along with the required fee, on behalf of The Great Bear Foundation of Montana for a raffle
to be held on December 19, 1982. To be raffled is a Winchester Model 70 bolt action gun with I
a value of $389.00. The City Manager noted that action on this item was deferred at last
week's meeting so that further information could be received about the organization. He
stated that the information received seems to answer the questions which were expressed by
the Commission and indicates that the organization will take precautions in the sale of tickets
and in the awarding of the prize. The City Manager recommended that the application be
approved.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission approve the application for a Raffle License on behalf of The Great Bear Founda-
tion of Montana for a raffle to be held on December 19, 1982. The motion carried by the fol-
lowing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner
Mathre, Commissioner Weaver I Commissioner Vant Hull and Mayor Stiff; those voting No,
none.
Request - David Penwell for Carroll Henderson - improvement of West Grant Street between
South Willson Avenue and the Milwaukee Railroad right of way
City Manager Evans presented to the Commission a request on behalf of Mr. Carroll
Henderson for access to a portion of his Sylvan Springs Condominium development through
West Grant Street between South Willson Avenue and the Milwaukee Railroad right of way.
The City Manager noted that on July 12, 1982, the City Commission denied a petition for
vacation of this portion of West Grant Street and reserved the responsibility for subsequent
decisions concerning the character or use of the right of way. He feels that the City should I
not deny Mr. Henderson access to his property, but the Commission should approve any
improvements to the street right of way.
Mr. David Penwell, Attorney for Mr. Henderson, stated that footings and the founda-
tion for a building have been placed on the southern end of the tract of land. There is no
access to the construction site except from West Grant Street and the Milwaukee Railroad
right of way, which Mr. Henderson currently leases. Mr. Penwell stated that the street
right of way has been consistently blocked by the neighbors' vehicles. Construction vehicles
are currently unable to gain access from West Grant Street to the Milwaukee Railroad right of
way because of a large hole. Mr. Henderson had a truck load of gravel placed on the Railroad
right of way. He intends to request authorization from the Commission to improve the street
right of way when he wishes to make the improvements. At this time, Mr. Henderson is re-
questing cooperation in keeping the street open as this is a dedicated street and is not re-
questing a change in the current condition of the right of way.
Commissioner Vant Hull asked what route the piece of heavy equipment currently on
the site used.
Mr. Carroll Henderson stated that the heavy equipment used the Railroad right of
way. However, the people who live along Lincoln Street have expressed concern about Mr.
Henderson's vehicles using the right of way and have requested that he use the accesses
which are available to him closer to his property. Mr. Henderson further noted that he will
be losing use of the Milwaukee Railroad right of way when the City purchases it for a linear
park. I
Commissioner Vant Hull asked if the people who will be living in the structure for
which the footings and foundation were poured will need to use West Grant Street for access
to their place of residence.
Mr. Henderson stated that the residents would probably use West Grant Street as their
access. He stated that West Hayes Street was paved as a narrow street, and he bore the en-
tire cost of the project. He indicated a willingness to do the same on West Grant Street if
the City deems that it is in the best interests of all concerned.
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Mayor Stiff asked the City Attorney if the linear park is not developed, what would be
the status of the right of way.
City Attorney Planalp stated that if a contiguous landowner wishes to purchase the
Railroad right of way, he may do so. If he does not wish to purchase the land, any interested
person may purchase that right of way. He further stated that Judge Lessley will rule on
the purchase of the Milwaukee Railroad right of way within a few weeks. The City Attorney
I indicated that he does not wish to give up the City's bargaining position and suggested that
a final decision on the improvement of West Grant Street where it meets the Railroad right of
way be deferred until the Court decision has been rendered.
Commissioner Anderson asked if access to the building under construction from West
Hayes Street would be possible.
Mr. Henderson stated that trees and landscaping would prevent vehicles from reaching
the new structure when it Is completed.
Mr. Phil Schneider, 1402 South Willson, stated that he has lived at his current residence
and has never been asked to move his vehicle. He further noted that when the truck delivered
the gravel last week, it drove over his lawn to reach the Railroad right of way. He spoke
with a truck driver who had another load of gravel to dump the following morning and suggested
that he not dump the load until the City has authorized it. Mr. Schneider further noted that
Mr. Henderson has gained access to the southern portion of his property by using the Railroad
right of way from South Willson Avenue to the property.
Mr. Schneider then asked if the street were improved, would it be paved to the proper
width with curbs and gutters. He feels that if a roadway is improved, it should meet the
same standards as other streets in the city.
Mr. Chuck Swenson, 1322 South Willson, noted that West Grant Street has been men-
tioned as the probable route to the building currently under construction. He asked if the
people will be required to drive on a gravel street. He further noted that if West Grant
Street is to be used as a street, It should be required to meet the same standards as any
I other street. Mr. Swenson further stated that he does not wish to deny access to Mr. Hen-
derson's property, but once again noted that it should meet the required standards.
City Manager Evans noted that Mr. Henderson has indicated a need to use West Grant
Street as an access to his future building. He further noted that this is a dedicated City
street; and Mr. Henderson cannot be denied access to his property.
City Attorney Planalp stated that the use of the Railroad right of way for a community
concept Is important. He further noted that Mr. Henderson has helped the City In trying to
obtain that plan. He once again stated that he would like to see Judge Lessley's order,
stating the rights to the Railroad right of way before giving up certain City rights. He
noted that Mr. Henderson will lose a portion of his surface rights if the City does install a
linear park, but that park will enhance his development.
Commissioner Weaver asked if the large trucks used for construction can turn around
on the site.
Mr. Henderson stated that the trucks can easily turn around on the site.
Commissioner Vant Hull requested that Mr. Henderson submit a site plan of the area in
question to the Commission, showing where the new structure is located, where the Railroad
right of way lies, where the linear park would be located, where the driveway from West
Grant Street to the structure would 'Ie and where West Grant Street is located.
Commissioner Mathre noted that the City Attorney has suggested that the Commission
wait for Judge Lessley's decision. She asked how this would affect the Commission's actions.
City Attorney Planalp stated he hopes that once the decision has been rendered, the
I City can then determine whether or not the adjacent landowners would support a linear park.
The City will then know whether or not to pursue the development of the park. The City
Attorney noted that Judge Lessley's order will be submitted to the banking trustee in Chicago
to be reviewed and a decision rendered there and then to District Court In Chicago. He
stated that while the Court process Is being completed, the City can work with the neighbors
on developing the plan for the linear park and begin the project, if the adjacent landowners
approve, when the final Court approval Is received.
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Mayor Stiff asked if a delay until Judge Lessley's decision is rendered would be detri-
mental.
Attorney David Penwell stated that an approximate two-week delay would not adversely
affect Mr. Henderson1s construction as long as it is understood that the City is not denying
Mr. Henderson access to his property. Mr. Penwell also asked that the Commission authorize
the City Staff to grant permission for access from West Grant Street on a limited basis if it
becomes necessary. I
Mr. Henderson noted that use of the Railroad right of way deteriorates its condition.
He stated that the right of way condition is such that heavy equipment may not be able to
use it without tearing it up badly. He does not wish to destroy the right of way, especially
if the City wishes to use it for a linear park.
Mayor Stiff stated that if access is needed through West Grant Street, Mr. Henderson
may seek approval from the City Manager. He also requested that the matter be placed on
the agenda Immediately after the decision is received from Judge Lessley.
Release of Improvements Agreement - Woodbrook Phase IliA
City Manager Evans presented to the Commission a request for release of the Improve-
ments Agreement for Woodbrook Phase IliA. The City Manager recommended that the Com-
mission approve release of the Improvements Agreement.
Commissioner Anderson noted the existing problems in Woodbrook Phase II and asked if
release of this Improvements Agreement would affect the other phase.
Assistant Planner Mike Money stated that the Improvements Agreement for Woodbrook
Phase IliA is for that phase only. He further noted that the Woodbrook Planned Unit Develop-
ment is not yet completed. He stated that if the problems in Woodbrook Phase II continue to
exist, they can be addressed when further development of the project is requested.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission approve the release of the Improvements Agreement for Woodbrook Phase IliA.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner I
Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor
Stiff; those voting No, none.
American Le ion bills owed to the City, total of $3,524.09 (water,
City Manager Evans presented to the Commission a memo from Di rector of Finance Swan
outlining outstanding delinquent bills which the American Legion owes the City for the Legion
Housing which was recently removed. Those bills include water and sewer bills with a balance
of $1,694.00 (after adjustments to bills as the number of occupied units decreased); renewing
of water service for $330.09; garbage service with a balance of $510.00; and the land lease
with a balance of $990.00; for a total delinquent bill of $3,524.09. The City Manager
requested that the Commission direct the Staff on whether to proceed with legal collection of
the bills or to write the bills off as uncollectible debts.
Commissioner Anderson noted that the City has been willing to work with the American
Legion in the removal of the Legion Housing and feels that these bills are due and payable
immediately.
Commissioner Vant Hull noted that the last payments were made in March, and the
water and sewer services were not discontinued until August 25, 1982.
City Manager Evans stated that consideration was given to the number of tenants
living in the Legion Housing. He feels that termination of the water and sewer services
would have been ill-advised. I
Commissioner Weaver noted that water, sewer and garbage collection are services ren-
dered by the City. He further noted that the lease is not a service rendered and suggested
that the $990.00 for the lease be removed from the amount to be collected.
Commissioner Mathre stated that the lease was a contractual arrangement and should be
honored.
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Commissioner Weaver noted that the City and the American Legion undertook a co-
operative effort when the Legion Housing was built. He further noted that the American
Legion was unable to collect the rent for several months after the Bozeman Fair Housing
Coalition was formed.
Mayor Stiff stated concern that the City Is getting deeply involved in aspects of the
tenant/landlord situation. He does not feel that it is the City's role to become involved in
I tenantllandlord relationships, but should remain totally separate.
Commissioner Vant Hull stated that the Director of Finance should be authorized to
proceed with collection of the bills in the manner she feels best. She also noted that City
Attorney Planalp has cautioned the Commission to maintain a distinct identity from the
American Legion in the entire matter, and stated she feels that statement should apply In this
situation.
Director of Finance Swan stated that if this were any other entity owing the bill, she
would request City Attorney Planalp to file suit. She also noted that if another entity were
involved, a suit would have been initiated without requesting Commission action.
Commissioner Mathre stated that she does not wish to see the legal fees cost more than
the bill being collected.
Mayor Stiff stated that if the American Legion has collected rent through August. they
should pay the bill. However, if the Bozeman Fair Housing Coalition has the rent monies or
if the rent monies were not paid, the City should know.
Commissioner Vant Hull suggested that the City Staff contact the American Legion to
find out how much money the Coalition kept and how much the American Legion received.
She further noted that over the years, the American Legion has collected a substantial amount
in rent. She also stated she does not feel that the taxpayers should be paying the American
Legion's bills if they have not set aside monies for emergencies.
City Manager Evans recommended that the City Staff be authorized to proceed with
collection efforts. He noted that if the American Legion indicates a willingness to negotiate,
I he would bring the matter back to the Commission for approval. He further requested author-
ization to initiate legal proceedings if that becomes necessary.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission authorize and direct the City Staff to initiate necessary collection proceedings,
including legal action if necessary, to collect from the American Legion the entire amount of
$3,524.09 for water, sewer and garbage services and lease of City parkland. The motion car-
ried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull,
Commissioner Anderson and Commissioner Mathre; those voting No being Commissioner Weaver
and Mayor Stiff.
Report on status of Mystic Lake Dam
Mr. Dick Holmes, Director of Public Service, presented to the Commission pictures
taken on October 29, 1982, showing the breaching of Mystic Lake Dam. Last Wednesday, he
went to Mystic Lake Dam with the Forest Service to review the breaching. The Forest
Service approved the work as It was completed.
Mr. Holmes stated that the City has also received a copy of the consultant review
board's report, which does not negate rebuilding of the dam. He stated that the report does
request continued monitoring of the slide and suggests that additional Inclinometers be
installed. Later this week, representatives of the Department of Natural Resources and
Conservation will be in Bozeman to discuss possible funding for installation of other
inclinometers.
I Update - retrofitting of Swim Center
Assistant City Manager Barrick stated that he met with the engineers and architect for
retrofitting of the Swim Center. They have completed the gathering of Information and will
present to the Staff this week their recommendations for proceeding with the retrofitting. At
next week's meeting, the Staff will request authorization to call for bids for the retrofitting,
with a bid opening date of November 28, 1982. The Assistant City Manager noted that the
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City Staff had hoped to have the retrofitting project completed by the end of November, but
the process of gathering information has taken longer than anticipated.
Request - approve payment of $10,037.77 for new Municipal Code to Book Publishing Company
City Manager Evans presented to the Commission a request for approval of the payment
of $10,037.77 to Book Publishing Company, Seattle, Washington, for the new Bozeman Municipal
Code. He noted that the recodification of the Municipal Code began several years ago, and I
has just been completed. The estimated cost when the contract was signed was $11,000.00.
That amount was split into two $5,500.00 amounts and was budgeted in Fiscal Year 1980-81
and appears to have been budgeted in Fiscal Year 1981-82. No money has been allocated in
the current budget for the payment of this bill. The City Manager stated that a budget
amendment from unallocated reserves can be made to cover the costs, since it was budgeted
in past years but not spent.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission authorize the payment of $10,037.77 to Book Publ ishing Company for the new
Municipal Code. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner
Mathre and Mayor Stiff; those voting No, none.
Ordinance No. 1114 - Salary Ordinance for City Attorney
City Manager Evans presented Ordinance No. 1114, entitled:
ORDINANCE NO. 1114
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE
MONTHLY SALARY AND OFFICIAL BOND OF THE CITY ATTORNEY OF THE
CITY OF BOZEMAN AS REQUIRED BY LAW.
The City Manager stated that sufficient monies have been budgeted to allow for a
transitional period, in which City Attorney Planalp will assist the newly-appointed full-time
City Attorney. This will assure that the City has a smooth transition and that the major I
projects currently underway will be carried through. City Manager Evans recommended
adoption of the Ordinance, setting the salary for the City Attorney.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission adopt Ordinance No. 1114, setting the salary for the City Attorney. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant
Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff;
those voting No, none.
Ordinance No. 1115 - first reading - authorize and direct bond sale of $5 million Water System
Revenue Bond issue
City Manager presented Ordinance No. 1115, entitled:
ORDINANCE NO. 1115
AN ORDINANCE DIRECTING THE CONSTRUCTION OF IMPROVEMENTS TO
THE MUNICIPAL WATER SYSTEM FOR THE CITY OF BOZEMAN, CREATING
SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF THE
MONEYS DERIVED THEREFROM, AUTHORIZING AND DIRECTING THE
ISSUANCE OF $5,000,000 WATER SYSTEM REVENUE BONDS TO PAY THE
COST OF SAID UNDERTAKING AND DEFINING THE TERMS AND MANNER OF
PAYMENT OF THE BONDS AND THE SECURITY THEREOF.
The City Manager noted that this Ordinance was prepared by Mr. Bill Johnstone, the
Attorney working on this bond issue. City Manager Evans recommended that the Commission
acknowledge the introduction of Ordinance No. 1115 and set November 22, 1982 as the date I
for final reading and passage.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission acknowledge the introduction of Ordinance No. 1115, authorizing and directing the
bond sa Ie of $5,000,000 for the Water System Revenue Bond issue, and set November 22, 1982
as the date for final reading and passage of the Ordinance. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner
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Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No,
none.
forth official terms and conditions of $5 million
City Manager Evans presented Commission Resolution No. 2436, entitled:
I COMMISSION RESOLUTION NO. 2436
RESOLUTION NO. 2436 PROVIDING FOR PUBLIC SALE OF $5,000,000.00
WATER SYSTEM REVENUE BONDS OF THE CITY OF BOZEMAN.
The City Manager noted that this Resolution was also prepared by Mr. Bill Johnstone,
Attorney, and recommended adoption of the Resolution.
It was moved by Commissioner Mathre. seconded by Commissioner Weaver, that the
Commission adopt Commission Resolution No. 2436, setting forth official terms and conditions
of the $5 million Water System Revenue Bond Issue sale. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner
Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none.
Authorization to advertise bond sale for Water System Revenue Bond issue at discretion of City
Manager and Clerk after data has been received from bond counsel and bond legal counsel
City Manager Evans presented a request for authorization to advertise the bond sale
for the $5 million Water System Revenue Bond issue, as prepared by Mr. Bill Johnstone,
Attorney for the bond sale. The City Manager noted that the advertisement for bond sale
would be made after all data has been received. He stated that it appears that the City will
be able to meet the tentative bond sa Ie date of November 18, at 11: 00 a. m.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission authorize the advertisement of the bond sale for the Water System Revenue Bond
issue at the discretion of the City Manager and Clerk of the Commission after data has been
I received from bond counsel and bond legal counsel. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis-
sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none.
and reassessin SID No. 558 - paving, Figgins
City Manager Evans presented Commission Resolution No. 2433, entitled:
COMMISSION RESOLUTION NO. 2433
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. 558 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. 558.
City Manager Evans stated that the relevylng and reassessing of four Special Improve-
ment Districts was recommended by the auditors. The City Manager recommended that the
Commission provisionally adopt the following three resolutions and set December 6, 1982 as the
public hearing date for each resolution.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission provisionally adopt Commission Resolution No. 2433, relevying and reassessing
Special Improvement District No. 558 for paving in the Figgins Additions in the amount of
$170,000.00, and set the public hearing date for December 6, 1982. The motion carried by
I the following Aye and No vote: those voting Aye being Commissioner Vant Hull. Commissioner
Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No,
none.
Commission Resolution No. 2434 - relevying and reassessing SID No. 584 - paving, South 15th
- $128,809.78
City Manager Evans presented Commission Resolution No. 2434, entitled:
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COMMISSION RESOLUTION NO. 2434
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. 584 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. 584.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I
Commission provisionally adopt Commission Resolution No. 2434, relevying and reassessing
Special Improvement District No. 584 for paving South Fifteenth Avenue in the amount of
$128,809.78. and set the public hearing date for December 6, 1982. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner
Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No,
none.
SID No. 617 - pavin and storm
City Manager Evans presented Commission Resolution No. 2435, entitled:
COMMISSION RESOLUTION NO. 2435
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. 617 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. 617.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission provisionally adopt Commission Resolution No. 2435, relevying and reassessing
Special Improvement District No. 617, for paving and storm drains for the alley in Block C,
Original Townsite, in the amount of $27,576.75, and set the public hearing date for December
6, 1982. The motion carried by the following Aye and No vote: those voting Aye being I
Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre,
and Mayor Stiff; those voting No, none.
Revolvin Fund to 51 D No. 547 (Storm drain,
City Manager Evans presented to the Commission a request for the transfer of $21.000.00
from the SID Revolving Fund to Special Improvement District No. 547 debt service fund.
This SI D is for the installation of storm drains on Durston Road.
Director of Finance Swan stated that the actual finalized costs for SID No. 547 were
$48,378.37. However, the Finance Department records finalized and assessed the costs at
$27,378.37, or $21,000.00 less than the actual costs. A lot of prepayments have been made.
and some of the assessments have been paid off through property transfers. The Director of
Finance questions whether or not the City would be justified in reassessing the SID when the
people have been paying the assessment in good faith.
The Director of Finance stated that the bookkeeping error will cause the debt service
fund for SID No. 547 to reach a deficit in two or three years. She requested that the Com-
mission authorize the transfer of $21,000.00 from the SID Revolving Fund to SID No. 547 to
solve the problem before it arises.
City Attorney Planalp stated that the value of the Improvements made through the SID
was $48,378.37; and the property owners knew the approximate cost of the improvements. He
further stated that if the Commission adopts a Resolution to relevy and reassess the costs, I
the property owners will have an opportunity to speak at the public hearing and state why
they should not be required to pay the additional $21,000.00.
Director of Finance Swan agreed that reassessment of the SI D would be the most equit-
able method since three other SID's are currently being reassessed. She noted, however,
that the reassessment could cause many problems when people who have paid the assessment
in good faith are assessed an additional amount.
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Commissioner Anderson asked if the City staff could determine how many property
owners would be involved in the reassessment.
Director of Finance Swan stated that she can prepare a comparative schedule of those
property owners involved and the amount of the assessment.
Mayor Stiff requested that a Resolution of reassessment be prepared and the list of
property owners involved and presented to the Commission for next week's meeting.
I Discussion - proposed Business License Ordinance
Mayor Stiff suggested that all the proposed changes in the draft Ordinance be dis-
cussed at one time. He did note that the sunset provision has not yet been incorporated in
the Ordinance, and he feels that it should be added.
Commissioner Mathre questioned the necessity of a sunset clause. She feels that the
Ordinance can be reviewed as the Commission deems necessary, rather than inserting the
sunset clause. She also suggested that In preparing for the public hearing on the Ordinance,
the fees be publicized so that people will be aware of what is being considered.
Assistant City Manager Barrick stated that he will be meeting with the Chamber of
Commerce on Wednesday to discuss portions of the Ordinance. He noted that this will help to
make the business community aware of what the proposed fees are and when the public hearing
will be held if they wish to speak.
Commissioner Weaver stated that he does not feel that a sunset clause needs to be pro-
vided in this Ordinance. The Commissioner further noted that the Commission recently adopted
an ordinance limiting the number of gambling devices to four tables or three tables and one
electronic poker machine.
Commissioner Vant Hull suggested that the fees for gambling machines be increased.
She noted that the Chief of Police estimates that 60 to 65 percent of all Police activities and
costs are bar-related. She further noted that Great Falls uses a scale which charges less for
the first gambling device than additional devices.
I City Attorney Planalp requested that the Commission establish a fee that can be linked
by rationale to the actual cost of services provided. He noted that a high fee might be hard
to justify.
Following a discussion, the Commissioners determined that the fees for gambling devices
should be increased and should be set in increments.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission revise the fee schedule for gambling tables and/or machines as follows:
First table or machine $ 500.00
Second table $ 750.00
Third table $1,000.00
Fourth table $1,250.00
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor
Stiff; those voting No, none.
It was then moved by Commissioner Anderson, seconded by Commissioner Vant Hull,
that the Commission instruct the City Staff to insert a sunset clause which provides for
Commission review of the Ordinance at two-year intervals. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull
and Mayor Stiff; those voting No being Commissioner Mathre and Commissioner Weaver.
Discussion - Rules of Procedure for public hearings
City Manager Evans presented to the Commission a proposed set of Rules and Procedures
I for the Commission to consider adopting for the conducting of public hearings.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission adopt the Rules of Procedure for conducting public hearings. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner
Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No,
none.
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Pledged Securities for period ending September 30, 1982
In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner
Weaver and Commissioner Mathre had examined the receipts of Depository Bonds and Securities
held by the Director of Finance as security for City funds deposited in Bozeman banks. The
Depository Bonds and Securities were found to be in order.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Depository Bonds and Pledged Securities be approved and a list of these set. forth as I
follows:
DEPOSITORY BONDS AND SECURITIES
AS OF SEPTEMBER 30, 1982
RATE MATURITY RECEIPT NO. TOTAL AMOUNT
FI RST BANK Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with First Bank of Minneapolis:
MA Ser A 1972 Housing Finance Agency 5.25 4/01/84 9020-6892 50,000.00
MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 30,000.00
Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 100,000.00
Gallatin Co, MT, Ser 1978 Airport Auth. 8.00 1/01/86 70,000.00
Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 140,000.00
Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00
NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00
NY Trans Cap Fac 4.70 2/15/87 50,000.00
Sanders County, MT, GO 7.00 7/01/87 2,000.00
Sanders County, MT, GO 7.00 7/01/87 65.000.00
Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00
Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00
Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00
Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00
State of WA Ser A GO 5.60 4/01/89 165,000.00
County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 I
Bozeman, MT, GO 4.70 1/01/90 45,000.00
Bozeman, MT, GO 4.80 1/01/91 45,000.00
Bozeman, MT, GO 4.90 1/01/92 45,000.00
WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 115,000.00
WASt Ser R GO 5.40 4/01/93 185,000.00
Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 75,000.00
Hawaii St Var Purp 7.00 9/01/83 50,000.00
TOT AL - First Bank - Bozeman $1,832,000.00
FIRST SECURITY BANK - Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with United Bank of Denver:
State of MT, Ex Officio Reg., Mont.
Univ. System 4.625 1/01/86 3819 15.000.00
Chouteau Co.. MT, Sch. Dist. #44
Bldg. Bd. 5.60 12/30/87 3820 13,000.00
5.50 12/30/86 3822 13,000.00
5.20 12/30/84 3823 2,000.00
Chouteau Co., MT, Sch. Dist. #111
Bldg. Bd. 5.60 12/30/87 3824 18,100.00
5.50 12/30/86 3825 18,100.00
5.20 12/30/84 3826 18,100.00
Kenai Peninsula Bor., Alaska, GO
School B d . 5.70 5/01/83 3951 25,000.00
City of Bozeman, Gallatin Co., MT, I
GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00
4.40 10/01/87 6319 40,000.00
City of Helena, Lewis & Clark Co., MT;
S.1. D. Bonds #280 7.00 1/01/91 6522 36,000.00
City of Helena, Lewis & Clark Co., MT;
5.1. D. Bonds #289 7.00 1/01/91 6523 6.000.00
City of Helena, Lewis & Clark Co., MT;
S.1. D. Bonds #287 7.00 1/01/91 6524 8,000.00
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RATE MATURITY RECEIPT NO. TOTAL AMOUNT
City of Bozeman, Gallatin Co., MT;
S.I. D. Bonds #503 6.00 1/01/90 6534 13,000.00
City of Bozeman, Gallatin Co., MT;
S. I. D. Bonds #560 7.40 1/01/96 6570 21,000.00
Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00
Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00
Town of Belgrade 6.60 1/01/88 6771-SK201895 39,000.00
I City of Bozeman, Gallatin Co., MT
S.1. D. Bonds #568 7.40 11/01/96 6772-SK154860 72,000.00
City of Bozeman, Gallatin Co., MT
S.I. D. Bonds #555 7.65 1/01/96 6808-SK154858 33,000.00
City of Polson, Lake Co.,
MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00
6.90 6/01/93 II " 50,000.00
Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 S K72098 100,000.00
Adams Co., CO City of Commerce GO
Storm & Sewer 7.25 8/01/92 SK77559 170,000.00
Montana Board of Housing
Single Family Program 6.10 6/01/97 SK80904 100,000.00
Vail, CO, Land Transfer Tax
Anticipation Warrants 8.75 12/01/87 SKl19286 225,000.00
City of Maple Grove, MN, GO Imp.
Bds. 8.00 2/01/93 SK146439 100,000.00
Unita County S .1. D. #6
State of Wyoming, GO B Idg. Bonds 9.95 12/01/95 SK149545 120,000.00
Bozeman, MT, S. I. D. #625 9.75 1/01/2001 SK155026 100,000.00
Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00
Washoe County School Dist., Nevada
GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00
City of Bozeman, Gallatin Co., MT
S.I. D. Bonds #593 7.95 1/01/98 SK115696-6834 21,000.00
City of Bozeman, Gallatin Co., MT
S. I. D. Bonds #592 7.95 1/01/98 6835-SK 115697 19,000.00
Trusteed with Northwestern National
Bank of Minneapolis:
Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00
I Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00
4.50 8/01/85 5020 30,000.00
Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00
4.50 4/01/2000 5022 35,000.00
Mississippi, GO Port. Dev. Bd. 4.70 12/01/82 5042 25,000.00
Fergus Falls, MN H sg. Redev. 5.00 5/01/95 6035 20,000.00
Fergus Falls, MN 5.00 5/01/98 6036 25,000.00
TOTAL - First Security Bank - Bozeman $2,400,300.00
MONTANA BANK - Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with Federal Reserve Bank of Minneapolis:
County of Minerai, MT, GO Hosp. Bd. 4.50 12/15/84 H 14239 13,600.00
County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/83 H28329 12,600.00
County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/82 H28914 2,000.00
County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H 28973 15,000.00
County of Petroleum, MT Sch. Dist.
#159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00
City of Boulder, MT, GO Bd. 4.71 2/15/83-87 H851 21,000.00
Grade Sch. Bldg. Dist #11 of Powell Co.
(Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/83-89 H790 7,000.00
Pueblo West Metro. Dist. CO, Dlst. Bd.
of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00
Snohomish, Co., WA, GO Admin. Bldg.
& Parking Fac. Bd. 1970 4.70 1/01/84 H29472 10,000.00
City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00
City of Polson, MT GO Bd. of 1970 6.00 1/15/84 H29971 3,750.00
I 6.00 1/15/87,89 H29972 7,500.00
Trout Creek, MT Sch. Dist. #6 of
Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00
5.30 12/31/94 H30311 19,000.00
5.35 12/31/95 H 30312 19,000.00
Florida State Full Faith & Credit
Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00
Saginaw Cnty, MI Ser II Thomas,
TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00
Co. of Madison, MT Sch. Dist. #5 of
Madison Co., School Dist. Bd. 5.00 11/01/83-87 H694 12,500.00
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RATE MATURITY RECEIPT NO. TOT AL AMOUNT
New York City V 187 6.50 1/15/85 H731 10,000.00
New York City R 187 6.50 1/15/85 H729 90,000.00
North Slope, Alaska 6.75 11/01/88 H728 100,000.00
Matanuske-Susitana 6.30 2/01/92 H726 100,000.00
SUBTOTAL $ 542,575.00
Pledging Amendment to Repurchase Agreement: I
Federal National Mortgage Assn. 7.35 12/10/82 300,000.00
7.95 7/10/86 300,000.00
TOT AL - Montana Bank of Bozeman - Bozeman $1,142,575.00
WESTERN BANK OF BOZEMAN - Bozeman
Federal Deposit I nsurance Corporation $ 100,000.00
Trusteed with First National Bank of Minneapolis:
U. S. Treasury Bills 12/30/82 4586 200,000.00
U.S. Treasury Bills 8/11/83 9439 200,000.00
U.S. Treasury Note 12. 125 11/30/83 9439 300,000.00
Federal Home Loan Banks 9.00 2/25/83 9432 100,000.00
Federal Home Loan Banks 7.75 5/25/84 4360 150,000.00
Minneapolis-St. Paul Metro Airport 12/01/85 7155 50,000.00
TOTAL - Western Bank of Bozeman - Bozeman $1,000,000.00
FIRST CITIZENS BANK OF BOZEMAN Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with First National Bank of Minneapolis: I
Federal Nat'l Mtg Assn Residential Fin. 11 .375 9/07/83 9078 300,000.00
U.S. Treasury Bills 12/30/82 9172 150,000.00
Federal Nat'l Mtg Assn Residential Fin. 14.50 6/14/83 9444 50,000.00
TOT AL - First Citizens Bank of Bozeman - Bozeman $ 500,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Re-
serve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of
Minneapolis, and the United Bank of Denver, for the Depository Bonds held by the Director
of Finance as security for the deposit for the City of Bozeman funds as of September 30,
1982, by the several banks of Bozeman and approve and accept the same.
Alfred M. Stiff, Mayor Kenneth L. Weaver, Commissioner
Mary B. Vant Hull, Commissioner Anne Fowler Anderson, Commissioner
Judith A. Mathre, Commissioner
The motion carried by the following vote: those voting Aye being Commissioner Vant Hull, I
Commissioner Anderson, Commissioner Mathre, Commissioner Weaver I and Mayor Stiff; those
voting No, none.
Appointments and reappointments - Senior Citizens Advisory Council
Mayor Stiff announced his appointments to the Senior Citizens Advisory Committee,
with terms to expire on December 31, 1984, as follows:
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Harold Dusenberry
John Bower - alternate
Torlief Aashiem
Kenneth Harmon - alternate
Ma rge Drummond
Harvey Kinch - alternate
Dean Davidson
Howard Halpin - alternate
I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission concur in the Mayor's appointments and reappointments to the Senior Citizens Ad-
visory Committee as listed above. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver,
Commissioner Vant Hull and Mayor Stiff; those voting No, none.
Reminder - November 11, 1982 is Veteran's Day holiday
City Manager Evans reminded the Commission that Thursday, November 11, 1982 is
Veteran's Day, which is a holiday under the Montana Code Annotated. The City Manager
noted that a sign is posted at the City Hall indicating that the offices are closed due to the
hol iday . He stated that the telephone number of the Police Department could be placed on
the sign for all emergency calls. He further noted that the telephone book lists the Police
Department telephone number for all emergency calls.
Lake Glass, Inc., - retrofitting Police/ Fire
City Manager Evans presented to the Commission Change Order No. 1 for Lake Glass,
Inc., to increase the amount of the contract for the retrofitting of the Pol ice/ Fire Building by
$3,600.00.
Assistant City Manager Barrick stated that when the technical analysis was done, the
motors for the overhead doors at the Fire Station were determined to be large enough to raise
I the doors with the increased weight that the panel would create. However, the springs on
the torsion bars are not strong enough to lift the doors. I f the electricity were to go off,
the men would be unable to 11ft the doors to get the equipment out in case of emergency.
Commissioner Mathre asked if the $3,600.00 is available in the budget.
City Manager Evans stated that a budget amendment could possibly come from savings
in the operating budget or from the unallocated reserve.
It was moved by Commissioner Mathre, seconded by Commissiner Weaver, that the
Commission authorize the Mayor to sign Change Order No. 1 for Lake Glass, Inc., for retro-
fitting the Police/Fire Building for an additional amount of $3,600.00. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No,
none.
Application for Beer and Wine License - Country Gourmet - Calendar Year 1982
City Manager Evans presented to the Commission an application, along with the required
fee, for a Beer and Wine License on behalf of the Country Gourmet for the Calendar Year
1982. The City Manager stated that at the regular meeting held on April 26, 1982, the Com-
mission granted conditional approval of the application, contingent upon receipt of the State
License. City Manager Evans noted that the State License has now been received and a copy
is attached to the application.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
I Commission approve the application for a permanent Beer and Wine License on behalf of the
Country Gourmet for the Calendar Year 1982. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner
Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none.
Proclamation - "National Bible Week" - November 21-28, 1982
Mayor Stiff proclaimed the week of November 21 through 28, 1982 as "National Bible
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,(. I;)
Week" in the City of Bozeman and urged all citizens of Bozeman to participate In this annual
observance by reading the Sible and becoming familiar with its teachings and principles.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission concur in the Mayor's proclamation. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Com-
missioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none.
Acknowledge report - Building I nspection Division for October 1982 I
City Manager Evans stated that the monthly report for the Building I nspection Division
for October 1982 appeared to be in order and recommended that it be accepted.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission acknowledge the monthly report for the Building I nspection Division for October
1982 and that it be brought back to the Commission next week for filing. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commis-
sioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting
No, none.
Adjournment - 7:05 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be
adjou rned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre
and Mayor Stiff; those voting No, none.
ATTEST: ALFRED M. STIFF, Mayor
Clerk of the Commission I
I
11-08-82