HomeMy WebLinkAbout1999-09-27 Minutes, City Commission
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MINUTES Of THE AGENDA MEETING/WORK SESSION
Of THE CITY COMMISSION
BOZEMAN, MONTANA
September 27, 1999
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. The Commission of the City of Bozeman met in agenda meeting and work session in the
Commission Room, Municipal Building, on Monday, September 27, 1999, at 3:00 p.m. Present
were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, City Manager Johnson,
Assistant City Manager Brey, City Attorney luwe and Clerk of the Commission Sullivan.
Commissioner Frost was absent.
The meeting was opened with the roll call, Pledge of Allegiance and a moment of
silence.
Authorize absence of Commissioner frost from this meeting. in comDliance with Section
7-3-4322(2), M.C.A.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
absence of Commissioner Frost be authorized in compliance with Section 7-3-4322(2), M.C .A.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none.
Work Session - (A) Presentation by Director of Libraries Alice Meister: (B) Discussion re
Droposed eXDansion of entitlement Drogram for CDBG monies: (C) Discussion re DroDosed
. goodwill Dolicy; IDI Presentation by City ManaQer Johnson re community information Drogram:
(E) Discussion re letter of SUDDort from the Commission to Congressional delegation re land
and Water Conservation fund legislation: and (f) Identify list of Dossible tODics for uDcoming
work sessions
(A) Presentation by Director of libraries Alice Meister
Director of Libraries Alice Meister presented to the Commission the plaque which the
Bozeman Public Library has received for its participation in the Sister Libraries program, which
is a White House Millennium Council Project. She noted that Bozeman is the only library in
Montana to participate in this project; and its sister city is Hamilton, Bermuda.
The Director of Libraries distributed to the Commission copies of the annual report,
which was recently completed. She noted that the Library has recently completed the ReVision
Plan, a strategic plan which took eight months to develop. She distributed copies of that plan
to the Commission, characterizing it as a long-range plan for the next three years. She noted
that four primary service areas have been identified: general information, lifelong learning,
current topics and titles, and information literacy. She concluded by distributing copies of
activities sheets to the Commissioners.
Responding to questions from Commissioner Rudberg, Director of Libraries Meister
stated that, as of mid-month, twenty responses to the survey on internet access had been
. received, and estimated that thirty-five have been received to date. She noted that Friday is
the deadline for submitting responses, and copies of the survey are available at the Library.
In response to additional questions from Commissioner Rudberg, the Director stated that
the City is seeking an Attorney General's opinion on the confidentiality act which indicates the
materials checked out by a child cannot be revealed. She noted the Library can and does send
notification that materials are overdue to the parents, but cannot release the titles.
Commissioner Rudberg voiced her frustration at the number of patrons with overdue
materials and the attendant need to notify them.
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Commissioner Smiley voiced her interest in obtaining an Attorney General's opinion,
particularly since parents are responsible for their children until they are 18 years old.
(B) Discussion re proposed expansion of entitlement program for CDBG
monies
Included in the Commissioners' packets were a memo from the Montana Department
of Commerce, dated September 14, forwarding information on the proposed expansion of the
entitlement program for Community Development Block Grant (CDBG) monies, and a memo
. from Superintendent of Facilities and Lands Goehrung, dated September 21, providing a
summary of the grants which the City has received over the past few years.
Mr. Dick Brink, Coordinator for the HUD Program in Montana, stated the CDBG program,
which has been in place since 1974, is divided into two categories, one for metropolitan areas,
which are those communities with over 50,000 population, and one for State programs. He
noted that Great Falls and Billings have been entitlement communities under this program and
Missoula was added this year.
Mr. Brink noted that the CDBG program is targeted toward benefitting low and
moderate-income residents, and is divided into categories for economic development, housing,
and public facilities and infrastructure. He stated that under the CDBG program, States have
a great deal of discretion on how to design their programs, and this is the only funding vehicle
the State has available for economic development.
Mr. Brink stated the State has established a limit of $400,000 per applicant per year.
He noted, however, that a community may be eligible for, and could receive, grants in each of
the three categories, for a total of $1.2 million in CDBG monies in one year. He also noted that
a community may apply for grant monies the following year if a majority of the funds from the
previous grant have been expended.
. Mr. Brink noted that Congress is considering legislation to create a category for optional
entitlement communities, which would be those communities with populations between 25,000
and 50,000. He stressed that this is optional, with the City electing whether or not to go into
the program. He stated that, if a City does elect to go into the program, it is a one-time
decision that cannot be reversed; however, if a City elects to not go into the program at this
time, it can choose to do so at a later date but cannot back out after doing so. He stressed
that this is pending legislation, although HUD believes it will be approved this year and available
in Fiscal Year 2000.
Mr. Brink identified some of the benefits of being an entitlement community, which
includes getting a specific amount of monies each year and, thus, being able to plan on those
revenues. He noted that the City may apply for, and receive, $400,000 under the State
program; and under the entitlement program, Bozeman would be eligible for $325,000 annually.
He stressed that the City must administer the program as an entitlement community, which
includes determining the priorities in the community.
Mr. Brink noted that Bozeman has just received a $400,000 public facilities grant for
renovation of the old post office but has not received any COBG grants for housing or economic
development in recent years. He recognized that the City has received a number of HOME
grants for housing in recent years, and stressed that that program is strictly for housing and
. has no ties to the CDBG program.
Mr. Brink stated that if Bozeman chooses to become an entitlement community, it may
take up to 20 percent for administration. He noted that a $70,000 grant costs nearly as much
to administer as a $400,000 grant and, as a result, he cautioned that the City will probably
want to earmark 20 percent for administration. He then indicated that his office is supportive
of this pending legislation, noting that it is accompanied by the 108 program, under which the
federal government will loan, through the municipality, up to five times the annual entitlement
for economic development purposes, using the entitlement as security. He noted that the loan
may then be repaid over twenty years.
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In response to Assistant City Manager Ron Brey, Mr. Brink stated the formula for
allocations is based on population, housing constructed prior to 1940, and poverty, which
counts twice. He indicated that the population figures used for determining the allocation are
from the 1997 census and those figures as well as the poverty levels will be reviewed again
after the 2000 census.
Further responding to Assistant City Manager Brey, Mr. Brink stated that if Bozeman
becomes an entitlement community, it will not affect Gallatin County's ability to apply for
CDBG funds or a CHDO's ability to apply for HOME funds. He then indicated the only program
. that would be affected is the State program, noting that each dollar in the entitlement program
is removed from the State program.
In response to additional questions from the Assistant City Manager, Mr. Dick Brink
stated that neither bill in the 2000 Congress results in a reduction of funding to the CDBG
competitive program. He noted that the formula for dividing the monies for the program is very
clear, with 70 percent of the funds devoted to the metropolitan programs and 30 percent
devoted to the State programs. He recognized that the program may be vulnerable, but
stressed that in Montana, phenomenal things have been accomplished around the state.
Responding to Mayor Youngman, Mr. Brink stated that a community has more flexibility
under the entitlement program, noting that it establishes its own regulations. He stressed,
however, that the monies must still be targeted to low and moderate-income residents, with
at least 51 percent of those being benefitted falling into that category. As a result, he
cautioned that areawide projects may not qualify.
Responding to questions from Commissioner Rudberg, Mr. Brink stated that if Bozeman
becomes an entitlement community, the City must develop a plan for expenditure of the CDBG
monies. He cautioned that the City may not hold the monies over if no qualifying applications
are received, although it may hold the monies over under a plan showing that more than one
year's entitlement is needed to fund a project. He stressed that the City does not receive the
. monies, rather, they are drawn down as needed. He noted that, if there is a potential that the
City could lose a year's entitlement because of a lack of projects, he would discourage
. participation in the optional entitlement program.
Commissioner Smiley noted that under the entitlement program, the City could better
plan and accomplish some of needed projects.
Responding to questions from Superintendent of Facilities and Lands Goehrung, Mr.
Brink stated that under the proposed legislation, monies will be set aside to train two people
from each community electing to participate in the optional entitlement program.
In response to Assistant City Manager Brey, Mr. Brink confirmed that the lack of data
in smaller community often causes problems. He noted that senior centers are easy to
document, because of the clientele that they serve.
Responding to City Manager Johnson, Mr. Brink stated that repayments under the 108
program are through the local governing agency and back to the federal government. He noted
that the local government may receive a small administrative fee for its part in the program.
The Commission thanked Mr. Brink for his presentation.
. (C) Discussion re proposed goodwill policy
Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day-
Moore, dated September 8, 1999.
Staff Attorney Day-Moore gave a brief overview of the reason this resolution is being
proposed, noting that its purpose is to financially assist those who have incurred damages from
a sewer back-up, even if the City has no liability. She noted that a $1,000 cap per person and
a $2,000 cap per household are proposed under this policy. She reviewed the process which
people must follow under this policy, noting that the person seeking compensation must first
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complete an insurance claim form, which is submitted to MMIA and subsequently denied. She
noted that, upon the submission of receipts, the Director of Public Service will review the
request and determine the amount to be paid. She characterized this proposed policy as one
which will hopefully build good will and help to avoid lawsuits.
Responding to Mayor Youngman, the Staff Attorney stated that the proposed caps are
not based on hard data, but are based on the experiences of other communities with similar
policies.
Responding to Commissioner Rudberg, City Attorney Luwe stated that insurance
. coverage depends on an individual's homeowner's policy and whether it includes a rider for
sewer backups.
Commissioner Rud berg voiced her interest in ensuring that a homeowner is compensated
for damages but does not have the opportunity to seek payment for the same thing from both
his/her insurance company and the City.
Mayor Youngman indicated her interest in knowing how much the proposed caps
resemble the real costs incurred.
Staff Attorney Day-Moore noted that staff did consider requiring a copy of the
individual's insurance policy in conjunction with this program, but determined that would be
cumbersome. She also indicated that other issues taken into consideration were acts of God,
such as earthquakes, and damages resulting from third party actions.
Commissioner Rudberg suggested an easy way to address the insurance question might
be to ask the insurance agent to verify, in writing, whether the policy includes coverage for
sewer backups.
City Attorney Luwe concurred that would be an easy way to address the matter, noting
that it might also be beneficial to the homeowner.
. Water/Sewer Superintendent Mike Certalie distributed information on the number of
sewer backups each year since 1975.
The Commissioners indicated an interest in adopting this type of policy and asked staff
to bring back a resolution.
(D) Presentation from City Manager Johnson ra community information
program
City Manager Clark Johnson noted that two of the overarching goals developed by staff
are "encourage and promote opportunities for citizenship" and "provide and communicate
quality customer service". He recognized that while the City may provide quality customer
service, it does not communicate that very well, and he has tried to identify ways to improve
it. As a result, he has sought professional advice through Mercury Advertising, in an effort to
make the City's advertising more eye catching and uniform and to help humanize City
government. He stated that Mr. Jeff Welch, one of the principals in the company, has visited
with City staff, gathered information and completed an analysis of the printed information
distributed. He noted that the result is a proposal to create a weekly column entitled "City
works", which would always be located in the same place in the newspaper and would contain
. timely information from various departments. He indicated that the column would also contain
pictures of some of the City employees.
City Manager Johnson stated the advertising agency has indicated that a radio blitz
campaign is important to the success of this type of informational campaign. He cautioned that
this advertising does come with a price, and asked the Commissioners to consider whether
monies should be expended in this manner.
Mr. Jeff Welch, Mercury Advertising, read three radio scripts that he has developed,
noting that they would be prepared professionally if the City decides to proceed with this
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information campaign. He noted that the purpose of this advertising is to better catch the
reader's attention and be more engaging than the typical public notice. He also noted that the
pictures of City employees will help to humanize the City and provide personalities behind the
actions. He suggested that the radio blitz campaign be run for six to eight weeks at the
beginning of the newspaper columns, to draw attention to them. He suggested that those
departments and activities which generally receive negative comments could possibly be
combined with activities viewed more positively in an attempt to improve public perception.
Responding to the City Manager, Mr. Welch suggested the effectiveness of the column
. could be determined by decreases in complaints or inquiries about various activities or possibly
. increases in inquiries about certain programs. He noted another alternative might be to
conducted surveys at the beginning and the end of the campaign to see how people feel about
the City, and compare the results to see if there is any difference. He cautioned, however, that
those surveys would increase the cost.
Responding to Commissioner Rudberg, City Manager Johnson confirmed that some of
the ads currently being run in the newspaper could be rolled into this column, although legally
required ads would still remain separate.
Commissioner Rudberg suggested that a comment about the advertising campaign be
added to the bottom of the water bills. She also proposed that if a particular ad deals with
things important to college students, it be run in the Exponent as well as the Bozeman Daily
Chronicle.
Mr. Welch suggested that more information be added to the City's web site. He noted
that, until the web site has been improved, however, its address should not be included in the
advertisements.
Mayor Youngman noted that the initial advertisements done by Mercury Advertising
have been "more fluff than substance", and indicated that is the one criticism she has heard.
e She suggested that bullets be included in the ads to provide bits of information, and not just
references to other sources.
Mr. Welch stated that the information included in the weekly column would come from
the City staff, and his company's role would simply be to find the best way to communicate
that information.
Commissioner Rudberg noted the importance of keeping any bulleted information short,
or people won't read it.
Mayor Youngman asked Mr. Welch if he has surveyed senior citizens on how readable
white on black is for them; he indicated that he has not.
The Commission thanked Mr. Welch for his presentation.
Responding to questions from the Commission, the City Manager stated the next step
will be for the Commission to determine if this proposed advertising campaign is an important
item to fund.
(E) Discussion re letter of support from the Commission to Congressional
. delegation re Land and Water Conservation Fund legislation
Included in the Commissioners' packets was a memo from Mayor Youngman, dated
September 23, forwarding information on proposed long-term funding for the Land and Water
Conservation Fund (LWCF).
Mayor Youngman asked if the Commissioners are willing to sign a letter of support for
the LWCF legislation, noting that many of those who attended the Montana League of Cities
and Towns Convention last week signed a similar letter. She suggested that a letter tailored
to Bozeman and signed by all of the Commissioners might carry more weight with Montana's
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Congressional delegation, and noted that she could have such a letter ready for signatures
tomorrow.
Commissioner Rudberg suggested that the Mayor sign the letter on behalf of the entire
Commission, rather than having all of the Commissioners sign it.
Responding to Commissioner Rudberg, Assistant City Manager Brey confirmed that
Bozeman has received $570,000 in lWCF monies for acquisition of, and improvements to,
parks in the community. He stressed this does not include the $150,000 direct appropriation
from Congress toward purchase of Burke Park. He expressed concern that under Montana's
. program, if a portion of a project is funded with land and Water Conservation Fund monies,
the administrative fees are based on the total cost of the project. He forwarded his support
for getting this program re-established, with the State properly administering it.
Commissioner Rudberg suggested that the Commission consider sending a second letter
encouraging elimination of the State's involvement in this program.
The Commissioners concluded by authorizing Mayor Youngman to send a letter of
support on behalf of the Commission.
(F) Identify list of possible topics for upcoming work sessions
Included in the Commissioners' packets was a list of possible topics for upcoming work
sessions, as submitted by Commissioner Rudberg.
Commissioner Rudberg proposed that, in light of the light agenda for next week's
afternoon meeting, the Commission choose to either begin the meeting at 7:00 p.m. or begin
at 3:00 p.m. and add some work session items. She noted that those items could include
revising the Clerk's evaluation form, discussing her proposal to require property managers
. where there are absentee landlords, discussing the possibility of allowing the Humane Society
to issue pet licenses, discussing the wheel boot program, and discussing the manning of the
window at the law and Justice Center.
The Commissioners chose to add the work session items; and Mayor Youngman
requested that a draft of the Clerk's evaluation form be included in the Commissioners'
packets, in preparation for that discussion.
Agenda Meetina - for reaular meeting and Dublic hearinas to be held on October 4. 1999
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Johnson briefly reviewed the background information which was included
in the Commissioners' packets.
(6) Mayor Youngman asked if the Commissioners are willing to consider adoption
of a proclamation for "GalaVan Day" under the consent items, since next Monday is the kick-
off of the campaign for the senior transportation mill levy; the Commissioners indicated a
willingness to do so.
e (9) Associate Planner John Sherman stated that the Woodhams informed him today
that they have redesigning the main structure so it no longer encroaches into the 35-foot
streambank setback, and they are working on addressing the parking issues. As a result of
these changes, the variances may no longer be needed; rather, they may only need a floodplain
permit.
(10) Associate Planner Sherman stated that the variances for this expansion result
from the existing non-conforming structures. He noted that the property was annexed in 1978,
although the house was constructed prior to the 1973 zoning designations. He also noted that
the subject property is zoned "RS", and the single-family house and 24-unit apartment complex
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are not reflective of that zoning. He highlighted the proposed improvements to the hous~,
noting that staff is supportive of the project. He stated that some of the recommend I ,j
conditions of approval pertain to the parking lot and landscaping for the apartment building, and
indicated that he has not heard from the applicants since sending the staff report to them.
Discussion - Commissioner Droiects
None of the Commissioners forwarded any comments under this agenda item.
. Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Copy of a letter from the Department of Commerce, dated September 21,
announcing that the recent certified mill levy information from the Department of Revenue is
inaccurate.
(2) Letter from the Gallatin County Commission, dated September 20, requesting
that the City direct its two mills for planning for tax year 1999 collected from the "donut" area
to the County Planning Fund.
(3) Copy of a letter from Ralph Olsen, 1605 West Kagy Boulevard, to the Gallatin
County Department of Revenue.
(4) Copy of a letter from Director of Public Service Debbie Arkell to Steve Robbins,
Sign and Signal Foreman, authorizing the installation of a stop sign at the intersection of North
22nd Avenue and Annie Street.
e (5) Copy of information on CDBG Block Grants. as published in the August 17
edition of the Community Development Digest, as forwarded by Assistant City Manager Brey.
(6) Notice of the Downtown Improvement District Board meeting which was
scheduled for Thursday, September 23, along with minutes from the meeting held on August
19,1999.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
September 28, at the Courthouse.
(8) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, September 28, in the Commission Room.
(9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, September 28, in the Commission Room.
(10) City Manager Johnson submitted his weekly report, as follows. (1) Announced
that the contract for the employee classification study has been awarded, and the consultant
is on site, beginning today. He noted that every job description is to be rewritten and updated,
and those positions under the Montana Public Employees' Association are to be classified.
(2) Announced that he will be attending the Chamber of Commerce meetings on Wednesday
e and Thursday.
(11 ) Mayor Youngman submitted the following. (1) Stated that the University has
received the grant to bring Croatian Mayors to Bozeman. She noted that they hope to shadow
a few City staff members, and they are interested in attending the October 11 Commission
meeting. (2) Noted that the opening event for launching the senior transportation mill levy
campaign will be at the Senior Center, and everyone is invited to attend. (3) Attended the
Gallatin Development Corporation's partners' luncheon, at which ways to better serve the
community were discussed. She noted that an interesting list of items was generated, and will
be made available once it is completed.
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( 12) Commissioner Smiley submitted the following. (1) Stated the City Planning
Board continues to meet weekly to develop a plan for working on the master plan update over
the next year. (2) Stated the Downtown Improvement District Board is close to getting the
number of people needed to proceed with the BID/SID and should submit its request to the
Commission within the next month.
(13) Commissioner Rudberg submitted the following. (1) Noted the City has not yet
received its mill value; City Manager Johnson confirmed that, noting that staff verbally received
a number which was then retracted. (2) Voiced her annoyance at the County's request to
return mill levy monies to them for the planning program in the "donut" area.
.
Break - 5:05 to 5:15 D.m.
Mayor Youngman declared a break from 5:05 p.m. to 5: 15 p.m., in accordance with
Commission policy.
Presentation of Beautification Awards
Historic Preservation Officer Derek Strahn, staff member for the Beautification Advisory
Board, introduced the board members, noting that several of them will be giving the awards
today. He thanked the Bozeman Daily Chronicle for the nice front page story in today's
newspaper, in anticipation of these presentations. He stated that these awards allow the
community to recognize the work, effort, sweat and love represented in the projects. He
stressed that these projects are just a sampling of what is quietly taking place in the
community, noting that they help to improve the quality of life and serve to inspire future
generations and others in the community.
The following awards were presented by various members of the Beautification Advisory
Board:
. Organization Gallatin Valley Land Trust Has quietly done a tremendous amount to
Support improve quality of life through development
award of a trails network and preservation of open
space.
Young Hawthorne School children During last two years, staff, students and
People's parents have created a sculpture garden
awards with a fish pond and stepping stones.
Gallatin Gateway Youth Group Seventeen students
have planned,
Gardening Group purchased, planted and maintained flowers
in six planter boxes at the University Square
Shopping Center.
Cultural Second annual Beall Park Arts Allowed the community to celebrate the
Event award Center garden tour beauty of Bozeman by participating in a self-
guided tour that
included visiting six
splendid gardens this year.
Private Carmella Bobinski, corner of For a home that is wonderful in any season,
. Residence East Story Street and South with its flowers and ever-changing artifacts.
award Church Avenue
Individual Dr. Ken Younger Instrumental in organizing the volunteer
Contributor effort to plant 450 lilacs for a hedge along
award the chain link fence between Sunset Hills
Cemetery and Burke Park. The plants are
small now, but they will grow and live on
for future generations.
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Existing The Bridger Blacksmith, corner Colorful building with nice landscaping and
Commercial of Bridger Drive and Story Mill sculptures in the yard.
award Road
Neighborhood South Willson Neighborhood The neighborhood has worked to beautify
award
part of town. This year, Steve and Rachel
Wallace coordinated efforts to decorate the
ornamental light poles with wreaths and
bows; Chad and Florence Groth decorated
the poles for July 4; and Herb and lola
.
Richards were recognized for their efforts.
Holiday Stationstore, corner of landscaping around a new building that
New
Commercial Durston Road and North 19th could serve
as an example for other
award Avenue businesses
along North 19th Avenue and
North 7th Avenue.
Public Restoration project on the trail The "M" trail provides residents an escape
Partnership to the "M", including Montana from the urban setting. It
has historic
award State University students and significance and is heavily used. The critical
alumni, MSU Department of need to remedy abuse was identified, and
Reclamation, MSU many volunteers spent hundreds of hours
Department of landscape on the project.
Architecture, Gallatin Valley
land Trust, Gallatin National
. Forest, U.S. Fish and Wildlife
Service, and Montana
Conservation Corps and Terry
Johnson
Lifetime Ray and Kay Campeau, 419 They purchased the Julia Martin Home in
Service South Grand Avenue 1967 and
have kept it in its original
e award
condition and available for tours. In fact,
some people have returned original
furnishings back to the home. Ray had a
long career as a high school teacher, and
was involved with the Beall Parks Art
Center, Danforth Gallery and Emerson
Cultural Center. Ray and Kay also founded
the Ketterer Art Center.
Historic Preservation Officer Strahn closed the presentations by thanking everyone for
attending.
Adjournment - 5:40 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none.
e MA~U~1t:x:::vor
ATTEST:
(}~J 2~
ROBIN L. SULLIVAN --
Clerk of the Co-mmission -
- - ~.
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