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HomeMy WebLinkAbout2001-07-30 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 30, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 30, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Staff Attorney Cooper, Planning Director Epple and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18 and February 7, 2000, and January 30, April 20, May 29, June 11, June 25, July 16 and July 23, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, May 29, June 11, June 25, July 16 and July 23, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3458 - levying and assessing street maintenance district assessments for Fiscal Year 2002; settinQ oublic hearing for August 13 COMMISSION RESOLUTION NO. 3458 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3459 - levying and assessing tree maintenance district assessments for Fiscal Year 2002; settinq oublic hearin~ for Au_qust 13 COMMISSION RESOLUTION NO. 3459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN. COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. 07-30-2001 -2- Commission Resolution No. 3460 - relating to financinq of certain costs in coniunction with library project funded in part through general obli(~ation bonds; establishing compliance with reimbursement bond regulations RESOLUTION NO. 3460 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Authorize writing off of bad water debts contained in listing attached to memo from Assistant Finance Director Biekert, dated July 18 Authorize Mayor to sign Findings of Fact and Order for Spring Creek Village Subdivision, a five-lot minor to subdivide 116.6578 acres into two residential-- office lots and three business park lots (northwest corner of Ferauson Road and US Hiahway 191) (P-9934) Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Ordinance No. 1 543 - Zone Map Amendment - establish initial zoning designation of "M-2" on 1.608- acre parcel described as Lot 21, Gordon Mandeville State School Section Subdivision Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1543, as approved by the City Attorney, entitled: ORDINANCE NO. 1543 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL ZONING DESIGNATION OF "M-2" (MANUFACTURING AND INDUSTRIAL) ON 1.608 ACRES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MONTANA MERIDIAN, DESCRIBED AS LOT 21, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1543, establishing an initial zoning designation of "M-2" on the 1.608-acre parcel described as Lot 21, Gordon Mandeville State School Section Subdivision, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Progress report on land use facilitated meetin.cl program - Kathryn Strickland, Community Mediation Center. Planning Director Andy Epple distributed to the Commission a written update and a draft brochure regarding the land use facilitated meeting program. He then reminded the Commission that last fall, the Community Mediation Center (CMC) and the City staff brought forward a proposal to apply for a grant to provide funding to work on a land use mediation and facilitation program. That application was successful, and the City and CMC embarked on the project in January. To date, the committee, comprised of representatives from the City, CMC and the Southwest Montana Building Industry Association plus a citizen member, has met five times to develop a program. He noted that 07-30-2001 -3- the grant expires in January 2002, by which time the committee hopes to have a pilot land use facilitation program in place and ready to operate. He indicated that Kathryn Strickland is currently trying to obtain a follow-up grant to fund implementation of the program. The purposes of the program are (1) to prevent potential land use conflicts with facilitated meetings and (2) to address perceived or existing land use conflicts with facilitated dialogues and/or mediation. He stressed that, whenever possible, facilitated discussions early in the process are the preferred alternative, although there may be instances where mediation is needed. The Planning Director stated that this program is strictly voluntary, and the facilitated discussions are to be sought by either the applicant or City staff. He indicated that this process is preferable to trying to resolve differences between the applicant and neighbors "at 11:00 p.m. before the Commission". He concluded his presentation by stating he has additional information that will be distributed in next week's packet. Responding to Commissioner Frost, the Planning Director stated that people can provide written testimony when a project is being considered by the Development Review Committee and the Design Review Board; and that is often when staff identifies potential problems or issues that could be resolved through facilitated discussion. Responding to Commissioner Kirchhoff, Ms. Kathryn Strickland identified the Wilson family project and the Empire Building Supply project as recent applications that could possibly have benefitted from this program. Mayor Youngman stated she has been asked to write a support letter for the new grant proposal and asked if she could sign that letter on behalf of the whole Commission; all of the Commissioners indicated support. Presentation re South 19th Avenue - Jason Giard, Montana Department of Transportation Mr. Jason Giard, Montana Department of Transportation, gave a presentation on the proposed improvements to the intersection of 19th Avenue and West Main Street, and identified needed improvements on South 19th Avenue from its intersection with West Main Street to Kagy Boulevard and possible future improvements to North 19th Avenue between West Main Street and Durston Road. Mr. Giard noted that the Montana Department of Transportation has identified the intersection of 19th Avenue and West Main Street as the biggest bottleneck in Bozeman, as evidenced by traffic backed up to West College Street and beyond during the busy times of the day and special events on campus. He stated that the State applied for special air quality monies to improve the intersection, and was successful in receiving 9700,000 for the project, which will result in a relatively tight budget for the improvements. He indicated that the traffic flow through the intersection can be improved with revised geometrics. Mr. Giard reviewed the current geometrics of the intersection, which includes four lanes and a left turn bay on both the east and west legs; four lanes plus a left turn lane and raised medians on the north leg; and four lanes on the south leg of the intersection. Under the proposed improvements, the south leg of the intersection is to be expanded to six lanes, with two straight through southbound lanes, and two straight through, one left turn and one free right turn northbound lanes. The north leg of the intersection is to be expanded to include a free right turn lane in addition to the two straight through southbound lanes and left turn lane; and the median is to be narrowed to provide for a longer left turn bay. The west leg of the intersection is to include a raised median almost to North 20th Avenue and a double left turn lane as well as the two straight through lanes in both directions; and the east leg of the intersection is to include a raised median to the easternmost entrances to the Chevrolet dealership and the Ford dealership and a double left turn lane as well as the two straight through lanes in both directions. Also, in conjunction with these improvements, all on-street parking is to be eliminated, thus allowing for the reconfiguration within the existing paved area. In 07-30-2001 -4- conjunction with these roadway changes, a new traffic signal is to be installed to control the movements. Mr. Giard reminded the Commission that the proposed changes previously included a raised median on the south leg of the intersection, extending past West Babcock Street to preclude any left turns at that intersection. A review of the intersections, however, has revealed a way to allow westbound traffic on West Babcock Street to turn left onto South 19th Avenue through the installation of a traffic signal that is timed to coordinate with the signal at West Main Street. Mr. Jason Giard turned his attention to improvements to South 19th Avenue, noting that several years ago, the City retained Thomas, Dean and Hoskins to design a five-lane roadway from West Babcock Street to Kagy Boulevard. However, a couple of months ago, it came to his attention that this Commission may be in favor of only a three-lane roadway. He indicated that the State's Traffic Engineer, Don Dusek, analyzed that possibility and has made the determination that a three- lane facility will not work well, due in large part to the intersection improvements to be constructed at both West Main Street and West College Street. He noted that, at the last Transportation Coordinating Committee meeting, they approved the submittal of an air quality grant application for monies to fund the improvements at the intersection of South 19th Avenue and West College Street. He then identified future signal improvements, including the installation of a permanent traffic signal at the intersection of North 19th Avenue and West Beall Street and a possible signal at the intersection of South 19th Avenue and West Koch Street. Mr. Jason Giard gave a power point presentation showing the current roadways and the intersection of 19th Avenue and West Main Street, both from the ground and the air. He stated that a flush median was originally considered on South 19th Avenue; however, he noted that a raised median with landscaped islands provides a refuge for pedestrians and has the effect of calming traffic. He recognized that the raised median will preclude left turns from residences along the roadway onto South 19th Avenue; however, he noted that traffic can switch directions at any of the breaks in the median. ReSponding to Mr. Dave Crawford, Thomas, Dean and Hoskins, Mr. Giard confirmed that raised medians must be lighted, which results in added initial costs as well as continued maintenance costs. As Mr. Giard showed pictures of the existing street right-of-way, he indicated that it is preferable to locate the sidewalk at the back of the right-of-way, behind a wide boulevard that could include trees. He recognized that, for a majority of the distance along these streets, the sidewalk is set close to the street and, because of the costs involved, relocating those sidewalks is not a part of the improvements to be undertaken at this time. Mr. Giard concluded by indicating that the Montana Department of Transportation has retained Thomas, Dean and Hoskins to do the design work. He noted that the MDoT now needs a decision from the City on the improvements to South 19th Avenue, stating that if a four-lane facility is not constructed, it will substantially change the design of the intersection at West Main Street. Responding to Commissioner Frost, Mr. Giard stated the 19th Avenue/VVest Main Street intersection improvements are to be slated for construction in 2003; and if air quality monies can be obtained for the South 1 9th Avenue/West College Street intersection improvements, it may also be completed in 2003. He indicated that the driving lanes have been designed at 12 feet wide, narrowing to 10~ or 11 feet at the intersection. City Engineer Craig Brawner stated that the newest urban standards allow for 11 -foot driving lanes. He stated that the right-of-way for South 19th Avenue is narrow for a minor arterial, and suggested that using the narrower width will gain a small amount of space for additional landscaping. Responding to questions from Commissioner Brown, Mr. Giard stated that rumble strips have not been used to protect bicycles in an urban setting. He noted that a narrow configuration, including a 6-inch rumble strip located 3 inches behind the white line, has been used effectively on rural roads and could be used in an area where space is limited. 07-30-2001 -5- Commissioner Brown and Commissioner Smiley both expressed support for a five-lane format on South 19th Avenue, even though they would prefer a narrower roadway. The Mayor thanked Mr. Giard for his presentation. Continued public hearing - reouest for impact fee credits in light of modification of Condition No. 8 of approval for Kagy Crossroads Subdivision - C&H Enfiineering for David Cecich (southwest corner of intersection of South 19th Avenue and Remington Way) (P-9751A) This was the time and place set for the continued public hearing on the request for modification of Condition No. 8 of approval for the Kagy Crossroads Subdivision under Application No. P-9751A, as requested by C&H Engineering for David Cecich, requiring the approval of cost sharing prior to installation of certain water mains. The subject property is located at the southwest corner of the intersection of South 19th Avenue and Remington Way. Mayor Youngman reopened the public hearing. Associate Planner Chris Saunders presented the staff report. He reminded the Commissioners that, two weeks ago, they heard and approved a request to modify Condition No. 8 for the Kagy Crossroads Subdivision, which then allowed the Commission to offer the developer credits for the oversized water main. He noted that, in light of questions and issues raised during that hearing, the Commission continued the public hearing to give time for research and discussion. He reported that staff has worked with the applicant, and forwarded a recommendation for approval, subject to slightly revised conditions. He indicated the applicant is now agreeable to accepting credits as offered, and the City will work on procedural items to address his remaining concerns. Mr. David Cecich, applicant, indicated concurrence with the staff report. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the issuance of water impact fee credits to David Cecich for the Kagy Crossroads Subdivision, subject to the following conditions: 1. The credit will not be paid as cash. The credit will be made available as a value of $91,710.00 against which the credit holder may draw to reduce water impact fee payments as individual water connection permits are sought as detailed in Section 3.24.100.E. of the Bozeman Municipal Code. If the final determination of Cause No. DV-99-71 is that impact fees or impact fee credits cannot be charged or credited by the City of Bozeman, then no impact fee credit will be available to the applicant under this award. ,. The applicant shall agree in writing to the above-listed conditions of approval prior to the credits becoming effective. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Break - 7:17 to 7:30 p.m. Mayor Youngman declared a Commission policy. break from 7:17 p.m. to 7:30 p.m., in accordance with 07-30-2001 6- Discussion re extraterritorial jurisdiction of buildin~q codes Included in the Commissioners' packets was a memo from City Manager Johnson, dated June 22, forwarding the County Commission's request for City comments regarding the implementation of Senate Bill No. 242 and information analyzing the bill. City Manager Johnson noted that in a letter dated June 4, the County Commission asked the City Commission to decertify its building inspection program in the extraterritorial jurisdiction. The Commission asked staff to research the matter, and staff is now prepared to forward the results of that research and a suggested response to the County. Fire Marshal Chuck Winn gave a brief overview of SB242, which limits the City's building inspection program to the city limits. He noted that, since 1976, the City has enforced building codes up to 3 ~ miles outside city limits; and the boundaries of that area have not changed even though the city limits have expanded. He stated that the City's Building Inspection Division has provided complete inspection services, including building, plumbing, mechanical and electrical; however, under the State's program, only five-plexes and commercial buildings will receive complete inspection services while single-family residences through four-plexes will receive only electrical and plumbing inspections. This leaves the foundation, framing and HVAC on those units with no inspections. He concluded by stating the City has made a standing offer to continue providing those services in the extraterritorial jurisdiction on a contract basis with the County, for the costs of the permits only. Chief Building Official Neil Poulsen distributed a sheet showing the numbers of permits issued, not including roofing permits, and the costs of those permits issued in the "donut" area for the first eleven months of Fiscal Year 2001. He briefly summarized that information, noting that 42 single- family residences, plus remodels, commercial projects and barns/garages, generated a total of $68,359.76 in permit fees. The Chief Building Official noted that, during a previous legislative session, a bill was passed mandating that the fees collected may only cover the costs incurred, so the City is currently collecting only 50 percent of the allowable fees. He stated that during the last legislative session, 25 percent of the City's revenues and workload were in the jurisdictional area; that percentage has decreased to 13 percent for Fiscal Year 2001. The Chief Building Official stated that SB242 is cumbersome and hard to understand, and his department is relying on the State's Building Codes Bureau to interpret the bill's provisions. He noted that the attorney for that bureau has recently determined that, if there is no vote, no hearing and no petition, the City's jurisdiction will end at the end of the year. The Chief Building Official expressed concern that this bill represents a big step backward because of the decreased inspection program and attendant public safety issues. Responding to Commissioner Frost, Chief Building Official Poulsen stated that decertification of the City's program in the county will only hasten removal of the building inspection program, which will happen on December 31 if the County does nothing. Responding to Mayor Youngman, the Chief Building Official indicated that, if the County held a hearing and acted to take over the jurisdictional area, the City could decertify its program before the end of the year. Commissioner Smiley distributed copies of the Opinion and Order in Richard Rossignol v. City of Missoula, dated May 8, 2001, and a letter from Gregory Petesch, Director of Legal Services, to Speaker of the House McGee, dated July 13, 2001, providing his analysis of SB242. She indicated that these copies were provided by Steve White. Mr. Steve White, 3800 Blackwood Road, reviewed some of the information in these two documents, suggesting that the retroactive clause in SB242 means that, as of May 1, cities no longer have the authority to conduct building inspections in the extraterritorial area. He then characterized SB242 as a good bill, noting that it allows for the creation of building inspection areas within the county, rather than requiring a County Commission to enact the program for the entire county. 07-30-2001 -7- Responding to questions from Mayor Youngman, Fire Marshal Chuck Winn stated that SB242 does not directly impact the City at this time; however, he has been contacted by the chiefs of three rural departments that will be affected by it. He recognized that, while there are good provisions in SB242, it does result in uninspected dwellings; and 90 percent of deaths from fire occur in residential units. He stressed that the building codes do not impact the good builders, but they do catch the "fly by night" contractors and require that they correct deficiencies. He noted that, when the City considers annexation of an area with homes that have not been subject to the inspection program, it could potentially require some destruction of a home, such as cutting holes in the sheetrock, to ensure that it has been properly constructed. Responding to Commissioner Brown, Mr. White stated that, in the meetings he has attended, the County has expressed no intention of implementing a building inspection program for the existing extraterritorial area. He suggested, however, that the County Commission would probably look favorably upon a petition to create a smaller inspection area. Chief Building Official Poulsen stated that he will be meeting with representatives from the Southwest Montana Building Industry Association later this week regarding a draft interlocal agreement for building inspection within the "donut" area, as prepared by County staff. Many of the Commissioners voiced concern that it appears the County Commission is asking the City Commission to makes its decisions, and determined that they do not wish to take any action at this time. Commissioner Frost suggested that the Commission review its annexation policy to determine if changes need to be made in light of losing the jurisdictional area. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the City not move to decertify its building inspection program until the County has put into place a building code system for that area now under the City's jurisdiction. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Depository Bonds and Pledged Securities as of June 30, 2001 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Smiley and Commissioner Kirchhoff have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Kirchhoff 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 Frost, that the Commission approve the Pledged Securities as of June 30, 2001, listed as follows: DEPOSITORY BONDS AND SECURITIES Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Bank JUNE 30, 2001 RATE MATURITY AMERICAN BANK - Bozeman RECEIPT NO. 6.00% 02/14/2007 2000-03-375 TOTAL AMOUNT 572,000.00 07-30-2001 -8- FFCB Sub-Total 5.65% 11/21/2005 20OO-O3-375 1,000,000.00 $ 1,572,000.00 All Other Accounts Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with American Bank, N.A.: Federal Home Loan Bank Sub-Total TOTAL - American Bank - Bozeman 5.50 03/05/2004 341009826 6.45 09/07/2001 341003004 1,000,000.00 500,000.00 1,500,000.00 3,172,000.00 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 for the City of Bozeman funds as of June 30, 2001, by the banks of Bozeman and approve and accept the same. MARCIA B. YOUNGMAN, Mayor JARVlS H. BROWN, Commissioner JOE N. FROST, Commissioner STEVEN R. KIRCHHOFF, Commissioner SANDRA L. SMILEY, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from Gretchen Rupp, dated July 23, objecting to a recent parking citation. (2) meetings. Copy of the listing of planning projects to be considered at upcoming Commission (3) Copy of a press release announcing road closures and partial road closures in conjunction with installation of the solvent site water main. (4) Proposed letter from the Commission to the School Superintendent, dated July 30, regarding parking near Bozeman Senior High School, as prepared by Commissioner Kirchhoff. After review, the Commissioners signed the letter as submitted. (5) Minutes from the 9-1-1 Administrative Board meeting held on June 27, 2001. 07-30-2001 -9- (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 31, at the Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 31, at the Professional Building. (8) City Manager Johnson submitted the following. (1) Showed the Commission an article on biosolids and injection systems, as provided by Wastewater Treatment Plant Superintendent Tom Adams. (2) Noted that, given the various social events and construction projects, many traffic interruptions will occur over the next few weeks. (9) At Commissioner Brown's request, the City Manager gave a brief update on staffing of the 9-1-1 Center. He stated that Ben Hess, Manager of Records, will temporarily staff the Center until the positions can be filled. He noted that advertising is currently underway, and applicants will be considered as they apply. (10) Planning Director Andy Epple submitted the following. (1) Reminded the Commission that the public hearing on the 2020 plan is scheduled for August 13, noting he will be out of town for that meeting. (2) Stated that Temporary Planner Jeff Monroe has tendered his resignation, effective August 24. (11 ) Responding to Commissioner Smiley, the Planning Director stated the newest member of the Design Review Board was not present when the training session was scheduled, so it was delayed· (12) Mayor Youngman showed the Commissioners the gifts she was presented by the Slovakian managers and mayors that she met with today, and noted that she is scheduled for a meeting with Mongolians on Thursday and with environmental leaders from 22 countries in a couple of weeks. (13) Commissioner Kirchhoff announced that he will not be present at next week's Commission meeting. (14) Commissioner Smiley stated it appears the disc golf course will not be relocating to Mike Delaney's property because Cary Silberman, Tree Top Flyers Club, does not like the area they could use. City Manager responded that Mr. Delaney has indicated the disc golfers can use all but the area that he plans to develop first, which means the flat area on top and the area where the dirt is piled are not available for the course. He suggested that a miscommunication between the two parties could have resulted in the assessment that the temporary disc golf course won't be allowed on the site· Adjournment - 8:42 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. ATTEST: · SULLIVAN Clerk of the Commission MAR~NG~ 07-30-2001