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HomeMy WebLinkAbout1980-04-16 , \_!,,' "\'....;...., It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Building Inspector be granted permission to attend the meeting and, it being in the public interest, his expenses be paid out of the appropriate funds. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commis- sioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. I Montana State Library Association Conference - Great Falls, Montana - May 8-9, 1980 A Montana State Library Association Conference has been scheduled to be held in Great Fall s, Montana, May 8-9, 1980, and the City Manager requested permi ss i on for the L i brari an and Assistant Librarian to attend the conference. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Librarian and Assistant Librarian be granted permission to attend the conference and, it being in the pUblic interest, their expenses be paid out of the appropriate fund. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Receipt - Audit Report It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission aCknowledge receipt of the Audit report for the year 1978-1979. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Reports - Building Inspector - Monthly & Building Inspector - Annual The monthly and annual report of the Building Inspector was presented for acknowledgement and filing on Wednesday, April 16, 1980. Claims The general claims for the month of March, 1980 were presented. The City Manager had checked the claims and found them to be true and lawful claims against I the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue the warrants in payment. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the claims be approved, and the Director of Finance be instructed to issue warrants in payment thereof. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the meeting be adjourned. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. ATTEST: I ERNA V. HARDING, Clerk of the City Co , Ql -)v+ Bozeman, Montana April 16, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 16, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Mathre opened the meeting with a prayer whereupon the minutes of the regu- lar meeting held on Wednesday, April 9, 1980, were approved as submitted. Decision - Conditional Use Permit - Edward Allen - conversion of 856 sq. ft. in existing residence to be used for medical office - Durston Road Having delayed action on the request from Edward Allen for a Conditional Use Permit, it was brought before the Commission for a decision. The applicant seeks a conditional use permit which, if granted, would allow the con- version of 856 square feet in an existing residence that would be used for medical offices. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit with the fOllowing conditions: (1) Signing shall be limited to the one free-standing sign proposed on the applicant's site plan. Said sign shall not be externally illuminated nor blinking, flaShing, or animated. Said sign shall not exceed a sign area of fifty square feet. The applicant is proposing a small sign of approximately forty-five square feet. No mobile, portable, or temporary signs shall be used on the site. No external lighting apparatus shall be attached to signs used in conjunction with the proposed use and all signs to be used shall be dimensioned on the approved final site plan. (2) A final site plan containing all conditions, corrections, and modifi- cations recommended and approved by the City Commission shall be reviewed and approved by the Planning Staff prior to the issuance of a building per- I mit for this project and/or the initiation of the proposed use. A final site plan shall show, in addition to the data now contained on the site plan submitted, the following: (a) All landscaped areas shall be enclosed by permanent concrete or asphaltic curbing at least six inches in height to prevent vehicu- lar traffic across landscaped areas. (b) All parking spaces and ingress/egress areas hereto as paved. (3) All on-site improvements (i.e., paving, landscaping, etc.), shall be completed within eighteen months of approval of the Conditional Use Permit. (4) The conditional use permit shall be valid for a period of only eight- een months following approval of the conditional use permit and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Vollmer, Commissioner Stiff, Commissioner Mathre, and Mayor MacNab; those voting No, Commissioner Swanson. Commission Resolution 2181 - Bob Pearson, et.al. - Intent to Annex W. Babcock property - Public Hearing May 21, 1980 Commission Resolution No. 2181 declaring it to be the intent to annex the Bob Pearson, et.al. property lying within the corporate limits thereof and containing approximately 7.408 I acres, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2181 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABI- TANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, KNOWN AS THE WEST BABCOCK ANNEXATION, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. {"', ,...... . , ',~,I ,~', '{v..) It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2181 be passed and adopted, and Wednesday, May 21, 1980 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. I Associated Students of MSU - application for special permit to sell beer A letter received from Amber Webb, Program Board Director of the Associated Students of Montana State University, along with an application for a special permit to sell beer at Reno H. Sales Stadium on the campus of Montana State University for a musical concert to be held on May 25, 1980, along with the appropriate fee, was presented. Amber Webb was present in regard to the musical concert known as the Spring Thaw. She said this is the third year for the proposed concert. She said that the first year of the concert, beer was allowed and there were no incidents. Last year, beer was not allowed, and this caused the concert to lose money. Sheriff John Onstad said he did not see why beer had to be served at a concert. "If this is a concert, then it ought to stand on its own merit." He claimed that "if it needs to have beer to be successful, it.s a kegger." He further stated he was not eager to have the local law enforcement agencies turned into a security service providing "bouncers" to the university. He also stated that this is to be held on the Memorial Day weekend, which would propose prob- lems. Police Chief Tate agreed with Sheriff Onstad on all his remarks. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission deny the application for a special beer license because of the date pro- posed for the concert, and the lack of the Police and Sheriff's Departments to give adequate protection to the event. The motion was carried by the following Aye and No vote: those vot- ing Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Mayor MacNab; I those voting No, Commissioner Vollmer. Public hearing - Commission Resolution No. 2167 Intent to Annex - Barrick et.al. - Public comment on May 14, 1980 During the regular meeting of the City Commission held on March 12, 1980 the Commission regularly passed and adopted Commission Resolution No. 2167 declaring its intention to extend the boundaries of the City of Bozeman so as to include a tract of land known as the Barrick Annexation. This being the date for public hearing as set forth in said Commission Resolution No. 2167, affidavit of publication of Notice and the Clerks mailing certificate stating all property own- ers had been notified as required by law was presented. The consulting engineer explained the report prepared by Thomas, Dean & Hoskins, Inc., stating the subdivision would bring an additional 600 cars on to the two streets. The Planning Director stated the Planning Board reviewed the zoning in this area. The City Manager said that during the rezoning discussion he voiced no little apprehension regarding road development on both Babcock and Durston Roads. He said it was admittted that improvement of these roads was more nearly a consideration of annexation than rezoning. The City Manager further stated that the City and County held a joint meeting which was potentially productive. The potential productivity hinges on the adoption of a policy by both the City and County, as well as the outcome of an election which may be posed to County voters. The City Manager stressed the need to know more about the future of Bozeman's dwindling water supply and the condition of the roads that would allow access to the new development. I The City Manager added that while the City is negotiating on more water rights and is work- ing on a plan with the state to allow use of more water in Hyalite Reservoir, neither of these options has as of yet materialized, and to annex more property without first getting more water could be construed as careless management and planning. Attorney Sabol, representing the petitioners in the annexation hearing, countered that traffic problems on Durston and Babcock and the water shortage already exist, and that only through development will they be solved. IleG . v Charlie Sternhagen strongly opposed the annexation until the road conditons are completed one way or another. There being no further discussion, the Mayor declared the hearing closed and the governing body will receive written protests for a period of twenty days. A decision will be forthcoming on May 14, 1980. Commission Resolution 2182 - Authorize signature of Checks and drafts and designating banks I for funds Commission Resolution No. 2182, authorizing designated individuals of the City of Bozeman to sign checks and drafts against such funds for the City Bozeman, and designating banks for funds of the said City of Bozeman, was presented, entitled: COMMISSION RESOLUTION NO. 2182 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DESIGNATING DEPOSITORY BANKS FOR FUNDS OF THE SAID CITY OF BOZEMAN AND DESIGNATING THOSE EMPLOYEES AND/OR OFFICERS OF THE SAID CITY OF BOZEMAN AUTHORIZED TO SIGN CHECKS AND DRAFTS AGAINST SUCH FUNDS. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Commission Resolution No. 2182 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Commission Resolution No. 2183 - Update authorized signatories in conjunction with U.S. Environ- mental Protection Agency for treatment plant expansion Commission Resolution No. 2183 authorizing ~1ayor Duncan S. MacNab of the City of Bozeman, and Samuel C. Gesko, Jr., City Manager of the City of Bozeman, to execute and file applications on behalf of the City of Bozeman with the United States Environmental Protection Agency for treatment plant expansion, was presented, entitled: COMMISSION RESOLUTION NO. 2183 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DESIGNATING DUNCAN I S. MACNAB, MAYOR OF THE CITY OF BOZEMAN, AND SAMUEL C. GESKO, Jr., CITY MANAGER OF THE CITY OF BOZEMAN AS OFFICIAL SIGNATORIES ON BEHALF OF THE CITY OF BOZEMAN ON ALL NECESSARY AND PROPER DOCUMENTS TO BE FILED WITH THE UNITED STATES ENVIRON- MENTAL PROTECTION AGENCY. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Commission Reso- lution No. 2183 be passed and adopted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre, and Mayor MacNab; those voting No, none. Petition - Eugene Graf - Annex Graf's First Subdivision A letter received from Eugene Graf, petitioning the City to annex Graf's First Subdivision, was presented. The property is located atop Sourdough Ridge, and lies between Sourdough Road and Highland Boulevard. It was moved by Commi ss i oner Stiff, seconded byCommi ss i oner Swanson, tha t the Commi ss i on acknow- ledge receipt of the petition and refer it to the City staff for study. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. American Legion Auxiliary - permission to sell poppies May 23-24, 1980 A letter received from the American Legion Auxiliary, requesting permission to sell poppies in the City of Bozeman, on Friday and Saturday, May 23 and 24, 1980, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission I approve the request to sell poppies on May 23-24, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Application for raffle license - American Legion Baseball - 7-27-80 The City Manager presented an application from the American Legion Baseball Association, along with the appropriate fee for the purpose of holding a raffle on July 27, 1980. (, . ';;:] i It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Public hearing - City/County Planning Staff - Subdivision Regulations I This was the time and place set for a pUblic hearing to consider the request of the City/ County Planning Staff to amend Section 15.5 Fees. The Planning Board reviewed the Planning Director's request to initiate an application fee amendment to increase its fees and recommended approval thereof. The Planning Director advised the Commission that the current rates are causing the depart- ment to lose money. He said that by increasing the fee structure, the department would not only be able to hire another planner, but would also become solvent. He further felt procedures must be changed, a much more realistic fee structure must be developed and implemented, and additional experience planning personnel must be provided. Attorney Sabol protested increasing the fees. He said taxes paid by local residents should entitle them to some basic services. If an increase is necessary he felt the developers should pay the increased fees, not the home owner. He further stated the developer is creating a vast amount of work for the Planning Department and not the average citizen. Following discussion, the Commission continued the hearing for two weeks to further study the request and review the fee schedule as proposed by the Planning Department. Plans & specification - SID No. 619 - Water Main construction Lea Avenue - Call for construction bids - May 14, 1980 - Call for Bond Sale May 21, 1980 The plans and specification for SID No. 619 water main construction on Lea Avenue in the amount of $18,200.00, as prepared by Thomas, Dean & Hoskins, Inc., was presented. Upon recommendation by the City Manager, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the plans and specifications be approved as presented, and that the I Clerk of the Commission be authorized and directed to issue a "Call for Bids" for the construc- tion with an opening date of Wednesday, May 14, 1980, and for the sale of bonds for SID No. 619 in the amount of $18,200.00 to be received on May 21, 1980. The motion was carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Authorize signature of Contract documents SID No. 599 - paving Bomont Subdivision SID No. 611 - paving Graf1s First - SID 613 - paving Broadway The Contract documents for the construction of Special Improvement District No. 599 - paving Bomont Addition, Special Improvement District No. 611, paving Graf's First Addition, and SID No. 613, paving Broadway from E. Mendenhall to Avocado, as prepared by Thomas, Dean & Hoskins, Inc., in the amount of $440,138.65 as submitted by Long Construction Company, were presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Contract documents be approved, and the Mayor and Clerk of the Commission be authorized and directed to sign the contracts for the City of Bozeman, and that Dugdale Construction be authorized and dir- ected to proceed with the construction of SID No. 599, 611, and 613. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Approve plans and specification - One-ton chassis Mini pumper - Fire Department It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Clerk of the City Commission be authorized and directed to publish a "Call for Bids" for the purchase of a one-ton chassis Mini Pumper Fire Truck for the Fire Department, to be received on June 4, 1980. I The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Designated parking for handicapped A letter received from Wade Parac, in regard to curb cuts and designated parking for the handicapped was presented. 1\ 08 ,v l Mr. Parac requested, that until such time as there are curb cuts and designated handicapped parking, special consideration be given to marked handicapped vehicles. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Mr. Parac's letter be turned over to the Traffic Safety Committee for study and a recommendation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor r1acNab; I those voting No, none. Accept and file reports The City Manager commented on the reports of the Director of Public Service for February, the Building Inspectors report for March and the Annual report of the building Inspector, and recommended they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Mathre that the Commission accept the report of the Director of Public Service Report and order it filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the report of the Building Inspector for the month of March be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission accept the annual report of the Building Inspector and that it be ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and r1ayor MacNab; those voting No, none. Reports - Fire Department - Broad Valleys Federation of Libraries I The report of the Fire Department and the Broad Valleys Federation of libraries was pre- sented for acknowledgement and filing on Wednesday, April 23, 1980. Approval of Todd & Associates Option An Option Agreement by and between the City of Bozeman and Todd Stores, Inc., was presented. Todd & Associates agrees to pay the City of Bozeman $10.00 for an option to purchase a parcel of land containing 3.073 acres, located south of West Tamarack Street, east of North Grand Avenue, north of North Grand Park, and west of the Senior Citizens center. The Option to Purchase the Real Property will be forwarded to the Department of Housing for filing. FOllowing discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Mayor and Clerk of the Commission be instructed to sign the Option to Purchase Real Property Agreement as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Absence of City Manager and Clerk of Commission - travel to New York Library Bond Issue It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the City Manager and Clerk of Commission be granted leave of absence to travel to New York in regard to acquiring a rating for the upcoming Library Bond Sale, to be held on May 7, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Mathre, and Mayor r1acNab; those voting No, Commissioner Stiff. I Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner r1athre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. l 'I ~ . ,. ., ';' ;:) ;j DUNCA S. MACNAB, Mayor ATTEST: I ./ ~ ~ o I/~' C;;;; /C:nc,--"" ..... d~,. ERNA V. HARDING, ( . Clerk of the City Commission I I 500 Bozeman, Montana April 23, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 23, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Acting City Manager John Evans, City Attorney Planalp, and Acting Clerk of the Commission Cindi Cooper. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regu- lar meeting held on Wednesday, April 16, 1980 were approved as submitted. Designation of John Evans as Acting City Manager Cindi Cooper as Acting Clerk of the Commission It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that John Evans be designated as City Manager and Cindi Cooper be designated as Clerk of the Commission in the absence of City ~1anager Gesko and Clerk of the Commission Harding. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner ~1athre, and ~1ayor MacNab; those voting No, none. Public hearing - Commission Resolution No. 2169 - West Main Annexation - Bozeman Federal Credit Union & Gallatin Veterinary - public comment on May 14,1980 During the regular meeting of the City Commission held on t1arch 19, 1980, the Commission regularly passed and adopted Commission Resolution No. 2169 declaring its intention to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land known as the Gallatin Veterinary and the Credit Union property and containing approximately 1.83 acres. This being the date for public hearing as set forth in said Commission Resolution No. 2169, affidavit of publication of Notice and the Clerk's mailing certificate stating all property own- ers had been notified as required by law was presented. There was no one present to protest the annexation of the property, and there were no writ- ten protests on file. There being no further discussion, the Mayor declared the hearing closed. The governing I body shall receive written protests for a period of twenty days, and a decision will be forth- coming on May 14, 1980. Recess: 1:25 o'clock p.m. Meeting reconvened: 1:30 o'clock p.m. Bond Sale - SID No. 605 - Paving Graf's First Addition - $350,000 The Acting City Manager stated that according to the affidavit of pUblication, this was the time and place set for the bond sale of Special Improvement District No. 605, Graf's First Addition. The Mayor declared the bidding open. D. A. Davidson & Company (Dave Wagner, representative) was the sole bidder and presented their good faith check in the amount of $17,500. D. A. Davidson & Company bid 11%. Commissioner Vollmer recommended that the Commission defer this to the staff for a recom- mendation. The staff recommended that the Commission approve the bid subject to approval of the City Attorney and the ability of Dugdale Construction's original bid. The Mayor declared the bidding closed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission concur in the staff recommendation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner t1athre, Commis- I sioner Vollmer, and Mayor MacNab; those voting No, none. Discussion - Building Permit status - Asphalt Plant on Griffin Drive Don Barrick, Building Inspector, informed the Commission that nothing has been done with the plant for about one and a half (1~) years. He has a letter on file from the State Air Quality Bureau that states they thought only a source test was needed. Mr. Barrick further stated that the State Air Quality Bureau must issue a construction permit before construction starts, therefore, he has revoked the building permit which was issued last week and has written a letter to that affect and has sent it to Mr. William Sebena by certified mail.