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HomeMy WebLinkAbout2002-02-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 11, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, February 11,2002, at 6:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that award of the bid for interior renovations at the Senior Center be removed for discussion. Minutes - January 18, 2000, and January t4, January 22, February 4, February 6, February 7 and February 8, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of February 6, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January 14, January 22, February 4, February 7 and February 8, 2002 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3506 - establishin.q compliance with reimbursement bond regulations under the Internal Revenue Code for road improvements to West Babcock Street between West Main Street and Fer.quson Avenue COMMISSION RESOLUTION NO. 3506 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Commission Resolution No. 3507 - authorize City Manager to si.qn Chan.qe Order No. 6 for the Bozeman Solvent Site water main extension project - add $81,350.00 and 0 calendar days - COP Construction Co., Billin.qs, Montana COMMISSION RESOLUTION NO. 3507 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP CONSTRUCTION COMPANY, BILLINGS, MONTANA. Commission Resolution No. 3508 - authorize City Manager to sign Change Order No. I for the Burrup Lift Station Improvements project - add $5,093.47 and 0 calendar days - Big X, Inc., Bozeman, Montana 02-11-2002 -2- COMMISSION RESOLUTION NO. 3508 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH BIG X, INC., BOZEMAN, MONTANA. Exemption from subdivision review for aqgregation of Lots 1 and 2, Block 13, Annie Subdivision, Phase I, and relocation of common boundary line between those aQQreQated lots and Tract 1, COS No. 1240C - Fellowship Baptist Church (alon_¢l north side of Durston Road between North 22nd Avenue and StoneRidee Drive) (E-02003) Buildin; Inspection Division report for January 2002 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Award bid for interior renovations at the Bozeman Senior Center - Risinq Structures, Bozeman, Montana - base bid plus Alternate No. 2, totaling $69,214.00 City Manager Johnson noted that Commissioner Brown had requested this item be removed from the Consent Items because of the way it was listed on the agenda. He indicated that the base bid from Rising Structures is in the amount of $74,940.00, and Alternate No. 2 deletes all interior priming and painting, for a deduction of $5,726.00, with the net result being $69,214.00. He then forwarded staff's recommendation for award of the bid. Commissioner Brown noted that the Senior Center has attempted to keep the costs of this project as Iow as possible. He stated that the Board felt it was important to have the contractor cut the new doorway through the concrete wall, so they chose not to recommend acceptance of Alternate No. 1; however, they felt that they could do the painting and thus save monies by accepting Alternate No. 2. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the bid for interior renovations at the Bozeman Senior Center be awarded to Rising Structures, Bozeman, Montana, in the base bid amount of $74,940.00 and Alternate No. 2, deducting $5,726.00, for a total of $69,214.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Presentation of Grant Application to the Montana Board of Crime Control for the Victim Witness Assistance Proqram - Gloria Edwards, Director Included in the Commissioners' packets was a copy of the grant application to the Montana Board of Crime Control for the Victim Witness Assistance Program. Ms. Gloria Edwards, Victim Witness Program Director, noted this is the ninth year of the program, and the eighth year the City has been involved. She stated that last year, 510 primary victims of violent crime were assisted through the program, and a large number of those were city residents. She highlighted the grant application for the upcoming fiscal year, which is in the total amount of $82,696. She indicated that the 25 percent local match is to be shared on a 65/35 split between the County and the City, with the County paying $13,438 and the City paying $7,236. Since the amount of funding available through the grant is frozen, Ms. Edwards noted they are also requesting additional funding in the amount of $4,322, for a total 02-11-2002 -3- of $11,558 in City assistance for the upcoming year. She indicated that, with the revenues generated by the surcharge established by the State, the City can easily fund this request from that source; and the remainder of those revenues can remain in an account for possible future funding needs since the surcharge can only be expended for this type of program. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission approve the grant application for the Victim Witness Assistance Program for Fiscal Year 2002- 2003 as presented. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3510- adopting land use facilitated meetin(~ program Included in the Commissioners' packets was a copy of Commission Resolution No. 3510, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3510 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ADOPTION OF THE LAND USE FACILITATED MEETING PROGRAM. Assistant City Manager Ron Brey gave a brief history of the development of this program, noting that in the Fall 2000, the Community Mediation Center (CMC) found grant monies to develop a program for facilitated discussions on land use issues and, in November 2000, the Commission approved their proposal and directed staff to work with CMC on developing that program. He, Planning Director Epple, Staff Attorney Tim Cooper and then Mayor Marcia Youngman served on the committee and, in November 2001, the proposed program was presented to a community group. Based on the input from that meeting, the committee finalized the program that is before the Commission at this time. He noted that the grant to develop the program expired at the end of December; the CMC is seeking grant funds for their operations through June, and they will be approaching the City for monies to proceed with the program next year. The Assistant City Manager identified one revision to the program attached to Commission Resolution No. 3510, noting that on Page 3, a last bullet should be added under "Facilitated Dialogue" to read "Meetings are voluntary" to ensure consistency in the program description. Ms. Kathryn Strickland, Community Mediation Center, distributed copies of brochures on the program. She noted that this program includes facilitated information meetings, which are to be completed eady in the process, even before submittal to the City, and are designed for proactive information exchange to prevent conflict; and facilitated dialogues, which can be conducted at any time during the review process, and are designed to address conflicts and issues in a neutral and constructive manner. She outlined the differences in the two types of meetings, which include: (1) timing of the meeting; (2) emphasis; (3) costs; and (4) who can request the meeting. Similarities in the two types of meetings include: (1) the services are voluntary; (2) neutral facilitators run the meeting; (3) the reporting process; (4) results are advisory; (5) the services are in addition to the public hearing process; and (6) the meetings are conducted in a neutral, informal setting and are to be non-adversarial with all parties talking about issues respectfully and, hopefully, in depth. Commissioner Brown suggested that, for clarification, the heading at the top of Page 2 be changed to read "Cost to Applicant"; that "concerned parties" be defined at the bottom of Page 2; and that the third bullet under "Reporting" on Page 4 be revised to say "Any recommended action plans are signed by all participants". ReSponding to Mayor Kirchhoff, Ms. Strickland estimated the annual cost of this program at $3,000 to $5,000. She indicated that they have submitted one grant application and will be submitting two more applications next week for funding of the pilot program, and she anticipates funding for a continuing program will be requested from the City. 02-11-2002 -4- Further responding to the Mayor, Ms. Strickland reviewed the rationale for the fee for facilitated information meetings, noting that people tend to have a more vested interest in something they pay for. She stated those fees will be used to cover the incidental costs of the meeting, including name tags and refreshments. She then stressed that, in addition to the fees listed, the applicant will be required to pay the costs of mailing invitations for the meetings--a requirement based on the existing zoning processes. Responding to Commissioner Brown, Planning Director Epple stated he anticipates an even mix between developers and single property owners requesting these services. He then indicated that the costs of the in-house work and CMC work on this program are not yet known, but a year of operating the program should provide that information. At that time, the fees for the program can be re-evaluated and a determination made on the amount of costs that should be recovered through those fees. Ms. Strickland noted that the CMC has handled the small claims cases for Gallatin County since 1995, serving 150 citizens per year at a cost of approximately $5,000. Responding to questions from Commissioner Youngman, the Planning Director suggested that the fees at the top of Page 2 could be revised to include "... $50 for minor site plan or minor subdivision, $75 for major site plan or major subdivision", noting that planned unit developments fall under the major site plan review. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3510, adopting the land use facilitated meeting program, be adopted as revised to include the header "Cost to applicant" at the top of Page 2; additions of "minor subdivision" and "major subdivision" in the fee structure; clarification on Page 3 to add a bullet that reads "Meetings are voluntary"; clarification on Page 4 to read "Any recommended action plans are signed by all participants"; and reference to the zone code definition of concerned party. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Ordinance No. 1556 - amendinq the zoning desi.qnation from "R-I" to "B-I" on 4.97 acres located at the southeast corner of the intersection of Kagy Boulevard and South Third Avenue Included in the Commissioners' packets was a copy of Ordinance No. 1556, as approved by the City Attorney, entitled: ORDINANCE NO. 1556 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "R-1" (RESIDENTIAL--SINGLE-HOUSEHOLD, LOW-DENSITY DISTRICT) TO "B-I" (NEIGHBORHOOD SERVICE DISTRICT) ON 4.97 ACRES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE $ EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1556, amending the zoning designation from "R-I" to "B-I" on 4.97 acres at the southeast corner of the intersection of Kagy Boulevard and South Third Avenue, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Depository Bonds and PledQed Securities as of December 31, 2001 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Youngman and Commissioner Hietala have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as secudty for City funds deposited in Bozeman banks. 02-11-2002 -5- Commissioner Youngman reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the Depository Bonds and Pledged Securities as of December 31, 2001, listed as follows: DEPOSITORY BONDS AND PLEDGED SECURITIES Repurchase Agreement Account Trusteed with Amedcan Bank, N.A.: Federal Home Loan Bank Sub-Total DECEMBER 31, 2001 RATE MATURITY AMERICAN BANK - Bozeman RECEIPT NO. 5.735% 07/10/2006 2000-03-499 TOTAL AMOUNT $1,351,000.00 $1,351,000.00 All Other Accounts Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with American Bank, N.A.: Student Loan Marketing Assn Federal Home Loan Bank Sub-Total TOTAL - American Bank - Bozeman 4.21 08/25/2003 341014575 6.035 06/04/2003 341016545 250,000.00 500,000.00 $ 750,000.00 $ 2,201,000.00 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 American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit of the City of Bozeman funds as of December 31, 2001, by the banks of Bozeman and approve and accept the same. STEVEN R. KIRCHHOFF, Mayor JARVIS H. BROWN, Commissioner ANDREW CETRARO, Commissioner LEE HIETALA, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 02-11-2002 -6- Commission Resolution No. 3509 - amending the Commission's rules of procedure to chanqe Commission meetinq times Included in the Commissioners' packets was a copy of Commission Resolution No. 3509, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3509 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. City Attorney Luwe noted that the resolution reflects the changes discussed at last week's meeting. He indicated that, since a resolution becomes effective immediately upon adoption unless it includes a delayed effective date, the new meeting schedule will be in effect for next week's meeting. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3509, amending the Commission's rules of procedure, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Discussion re interqovernmental agreement with County for coordination between the City and the County concerninq the manaqement of development in the Bozeman area Included in the Commissioners' packets was a copy of the draft intergovernmental agreement, as forwarded by the City Planning Board and the County Planning Board. Planning Director Andy Epple noted that when the City-County planning program was dissolved two years ago, both Commissions recognized the need to replace that program with an instrument that provides for cooperative land use planning in the former jurisdictional area. After he, Assistant City Manager Eon Brey, County Commissioner Bill Murdock and Mayor Steve Kirchhoff had completed initial drafts of an intergovernmental agreement, they submitted it to the respective Planning Boards for their consideration. He noted that over a period of six months, those boards worked to revise the document, which reflects the new growth plans; and the Presidents of the Planning Boards have jointly forwarded the agreement to the Commissions for review. Assistant City Manager Brey noted that the cover letter from the Boards provides valuable background information on the items considered as this proposed agreement was developed. He stated the agreement is designed to address those items that are of common concern for the two entities. He identified the benefits for the City, which include the requirement for annexation prior to development whenever possible; proper integration into city facilities upon annexation; and proper dispersion of parkland in the area adjacent to the city. Benefits for the County include encouraging urban density development in nodes or close to existing municipalities; annexation prior to development, thus allowing the city to provide the services needed for urban density development; and clarification of road right-of-way or easement responsibilities. He concluded by cautioning that this document has not been subjected to legal review by either the City or County staff, and the County Commission has not yet reviewed the document. He stressed that, to be effective and binding, the City Commission and County Commission must adopt the same document. Associate Planner Chris Saunders posted the map that accompanies the agreement, noting that the old zoning jurisdiction, which is now the County's 201 zoning district, is identified for reference purposes only. The boundary of the 2020 plan is also identified and is the area which is subject to the provisions of this agreement. He stated this agreement addresses how the City and the County will deal with each other when development occurs outside city limits but within the urban land use area. He stated that any development in the city is approved by the City Commission and any development in the urban land use area is approved by the County Commission, but this agreement does provide for exchange of information within this area. 02-11-2002 -7- Planning Director Epple stated that the main feature of this agreement is that the County would require a developer to approach the City with any proposal for development, and the City must determine if services are available. If services are not available, the property can then be developed in the county. He noted that the two Planning Boards understood and supported this concept. Associate Planner Saunders stated that many of the provisions in this agreement are included in the State laws. He then indicated that this agreement includes a sunset provision and provides for periodic review to determine if it is working as needed. Responding to Commissioner Hietala, Associate Planner Saunders stated that staff and the Planning Boards wanted to have adoption of the growth policies slightly ahead of consideration of this document, to ensure that it is in compliance with any changes that may have been made in the growth policies. He noted the first adoption period is ten years, to give an opportunity to test the program, although biennial reviews are required to monitor progress under this agreement. Responding to Mayor Kirchhoff, the Associate Planner stated that urban density development should occur where urban services are available. He then noted that the County's growth plan is being developed in two pieces, with a general plan that covers the entire county and a neighborhood plan for the area around the city that provides for a more detailed level of planning. Commissioner Brown stated it appears this agreement reflects a change in direction, to a more aggressive approach to annexation. Planning Director Epple responded by characterizing the City's position on annexation as passive/aggressive because, while the City does not actively seek annexations, it does everything possible to annex a parcel upon the property owner's request. He noted that the added twist under this agreement is the County referring people to the City, which it already does, as evidenced by the recent requests for annexation of the Baxter Meadows and Laurel Glen properties. Commissioner Youngman suggested that the Commission send a letter to the County Commission encouraging them to review and approve this agreement, subsequent to their legal staff reviewing the document. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission endorse the agreement, recognizing it has not yet received legal review, and communicate to the County Commission the City Commission's willingness to talk regarding any outstanding concerns; and direct staff to complete legal review and prepare a document for Commission consideration and signature. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from the Montana Department of Administration, dated February 8, announcing GASB 34 seminars to be held in March. (2) Copies of survey results on solid waste collection and solid waste disposal questionnaires completed in 2001. (3) Letter from Jessie Nelson, dated February 4, regarding the price on the proposed 103-acre park in Baxter Meadows Subdivision. (4) Agenda for the County Open Lands Board meeting to be held at 7:00 p.m. on Monday, February 11, at the Bozeman Public Library. (5) Agenda for the School District No. 7 Board meeting to be held at 7:00 p.m. on Monday, February 11, at the VVillson School. 02-11~2002 -8- (6) Agenda for the County Commission meeting to be held at the Gallatin County Fairgrounds on Tuesday, February 12. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 12, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February 12, at the Professional Building. (9) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, February 12, in the Commission Room. (10) Agenda for the Composting Committee meeting to be held at 1:00 p.m. on Wednesday, February 13, at the Senior Center, along with minutes from their meetings held on December 12, 2001, and January 9, 2002. (11) Agenda for the Community Affordable Housing Advisory Board meeting to be held at 3:30 p.m. on Wednesday, February 13, at the HRDC offices. (12) Letter from the MSU Office for Community Involvement announcing a service learning seminar, sCheduled for 10:00 a.m. to 5:00 p.m. on Monday, March 25. Mayor Kirchhoff noted that Ms. Camille Larsen, AmeriCorps VISTA, had talked to him about this seminar last week and encouraged the City Commissioners to attend. He noted that she also asked for a $300 donation from the City to help defray the costs of this seminar; and voiced his willingness to pay those costs to show town and gown cooperation. The Commissioners requested this item be placed on next week's agenda for consideration. (13) City Manager Johnson stated that he and two Commissioners attended the solid waste meeting in Belgrade on Wednesday evening. Commissioner Brown asked if there will be more solid waste district meetings in other towns; the City Manager responded he does not know. Commissioner Brown characterized the meeting as two hours of the County representatives taking turns throwing pot shots. He noted that, in the long term, the City and County will probably both be putting their solid waste at Logan; however, the City cannot walk away from its landfill without having the closing costs covered. (14) The City Manager asked for Commission guidance on proceeding with the budget process. He noted there is some discretion and flexibility in the budgeting process, with the ability to put emphasis on a specific area, if the Commission so chooses. He identified some of the issues that could be addressed in the budget, but noted he has received no Commission direction at this time. He cautioned that many of those items involve additional personnel and indicated an interest in receiving Commission direction on that issue. Commissioner Youngman noted that, in the past, she has found it helpful to receive lists from the staff, with Commissioners adding their items to that list. Commissioner Hietala indicated he would like to see detailed figures during the budgeting process; Commissioner Cetraro stated his concurrence. (15) Planning Director Andy Epple noted that the Boys and Girls Club has applied for what has become a controversial zone map amendment on Ice Pond Road. He stated that, if he receives Commission authorization to proceed with a zone code amendment that allows community centers as a conditional use in the "RS" and other residential zoning districts, similar to schools and churches, the applicant has indicated a willingness to withdraw the application for rezoning. He indicated that, if the 02-11-2002 -9- Commission approves this requested code amendment, it will be included in the first round of text amendments, which are to be processed in the next month or six weeks. A majority of the Commissioners indicated support for processing this amendment in the first round of zone code amendments. (16) Planning Director Epple noted that the housing tour was conducted on Friday, with members from the Community Affordable Housing Advisory Board and the Commission in attendance. He noted that they looked at thirty housing developments covedng a wide vadety of housing types. (17) The Planning Director stated that, as a result of informal discussions on stream corridor setbacks and revisions to the zone code and subdivision regulations to bring those documents into conformance with the new Bozeman 2020 Community Plan, staff has identified several items to be included in the first round of revisions. He voiced interest in Commission input on those items prior to beginning the amendment process, possibly in a work session at next week's meeting; the Commissioners concurred. (18) Director of Public Service Debbie Arkell submitted the following. (1) Reminded the Commissioners of the first meeting of the solid waste task force, scheduled for 7:00 p.m. tomorrow at the Professional Building. (2) Noted that staff is preparing for the household hazardous waste collection on June 1 and the commercial disposal event on May 31. (19) Commissioner Cetraro submitted the following. (1) Noted it appears his potential conflicts with serving on the Planning Board can be resolved. (2) Asked for more information on where and when the various boards meet, so he can be sure he does not miss any meetings. (3) Noted that he will be seeking guidance from Mayor Kirchhoff and City Manager Johnson as big issues arise. (4) Stated he would like to see big box issues identified in a clear manner within the review system, rather than having applicants battle the Commissioners and take personal stabs at individuals. (20 Commissioner Youngman stated she will meet with a scout troop on Thursday that is working on a merit badge, similar to the boy scout in attendance at tonight's meeting. Adjournment - 8:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. ATTEST: L. SULLIVAN- Clerk of the Commission 02-11-2002