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HomeMy WebLinkAbout1997-10-13 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 13, 1997 ***************************** . The Commission of the City of Bozeman met in work session, agenda meeting and special meeting in the Commission Room, Municipal Building, October 13, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Presentation of awards Recreation Superintendent Sue Harkin thanked the Commission for allowing City staff to travel to conferences, noting that she has recently returned from a tri-state conference held . in Jackson, Wyoming. She stated that at that conference, she and Recreation Director Mary Boling attended several good sessions and heard some startling statistics. She also noted that they gathered some good ideas for programs and signs in the parks. The Recreation Superintendent stated that during the conference, the Montana Recreation and Parks Association gave several awards, including the outstanding media agency award and the citizen board member award. She noted the outstanding media award was given to the Bozeman Daily Chronicle for its coverage of recreation activities and publication of the recreational program insert, and presented the award to Mr. Rick Coffman, Publisher. She stated that Mr. David Jones was identified as the outstanding citizen member for his exceptional work on trail classifications and specifications and for his design work on signs. She noted that he is unable to attend this meeting, and the award will be made at the next . Recreation and Parks Advisory Board meeting. Agenda Meetina - for regular meetina and Dublic hearings to be held on October 20. 1997 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. 10-13-97 - 2 - City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (6) Commissioner Youngman asked if the Commissioners are going to discuss possible changes to the ordinance before acting on it, particularly in response to input received . during the public hearing. She suggested that depending on the discussion, the Commissioners may not be prepared to act on the ordinance at next week's meeting. Mayor Stueck suggested that any Commissioners interested in forwarding proposed changes to the ordinance do so through memos included in Thursday's packets so the Commissioners have an opportunity to consider those suggestions over the weekend, prior to taking action. Commissioner Youngman stated she feels it is important to discuss the public input and possible changes before taking any action to adopt the ordinance. Commissioner Rudberg asked that staff identify other sections of the Bozeman Municipal Code which pertain to dogs, to ensure that any actions the Commission may take at this time do not conflict with those sections. . City Attorney Luwe stated he will include a list of other ordinances pertaining to animals, as well as copies of those ordinances, in next week's packet. He recognized that this information could be beneficial in other instances as well. (7) The City Manager noted that Administrative Services Director Gamradt will provide information on this item in next week's packet. (8) The sub-committee members set 2:30 p.m. next Monday as the time to review the pledged securities. ( 13) The Assistant Planning Director provided a brief overview, characterizing this application as a compromise reached by staff and the applicant. (14) Senior Planner Dave Skelton gave an overview of the application, noting that, . while the South 4th Avenue frontage essentially serves as the back yard for this property, it is actually subject to the front yard setback requirements. He encouraged the Commissioners to view the site and the immediate area prior to next week's pUblic hearing. Work Session - (A) Discussion re Dolicy on free dumDina at landfill City Manager Johnson noted that, distributed in last week's packet, was a memo he had 10-13-97 - .----....-.- - 3 - prepared, dated September 28, along with a copy of the minutes from the October 12, 1982, Commission meeting at which the issue of exemption from landfill fees was discussed. He then requested that the Commission provide direction to staff by reaffirming, mOdifying or terminating the current policy. . Responding to Mayor Stueck, City Attorney Luwe stated that the free dump privileges for City employees are not specifically identified in the bargaining unit contracts. He cautioned, however, that they are identified in the personnel manual, and the issue of past practices must be addressed. He noted that, by following the appropriate steps, this privilege can be terminated. Commissioner Rudberg asked if the Street/Sanitation Superintendent has information available from which he can determine how much the City employees use this service. She suggested that the Superintendent provide information for a two-year period, if possible, showing to what extent free landfill services have been provided. She expressed concern that the non-profit second hand stores currently serve as a convenient place for people to dump their garbage, and charging those agencies for dumping at the landfill could result in either . extraordinary costs to those agencies or trash being dumped along the side of the road. She noted that, either way, the taxpayers bear the costs. She stressed, however, that before she can make any decisions, she must have some firm figures. Mr. Harry Kirschenbaum, Customized Services, noted that this is a young company in the garbage hauling business. He stated that they donate in excess of $7,000 to $8,000 annually in trash hauling services for worthy non-profit entities because they feel it is important to give back to the community. He noted that the amount identified in the memo represents a very small percentage of the overall revenues at the landfill and suggested that the Commission give favorable consideration to continuing the policy. Responding to Mayor Stueck, the City Manager stated that the policy is established . simply by motion and vote in the minutes; it was not adopted in resolution or ordinance form. Mayor Stueck requested that the staff provide the more detailed and comprehensive information requested by Commissioner Rudberg. He then stated that if the policy is to remain in place, it should be adopted by resolution, following review of the information provided by staff; the Commissioners concurred. 10-13-97 - 4 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Anne S. Barnaby, dated October 7, 1997, declining to accept the . accessory dwelling unit, as approved by the Commission on October 6, 1997. (2) Copy of a letter from Yellowstone Harley-Davidson to Assistant Chief Bill Kayser, dated October 4, regarding police motorcycles for the upcoming year. The City Manager noted that an additional $3,000 is needed to equip two additional motorcycles. Responding to Commissioner Rudberg, the City Manager indicated that Police Chief Mark Tymrak will make an award presentation to Yellowstone Harley-Davidson for their contribution to the motorcycle patrol program. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 14, in the Commission Room. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, . October 14, at the Courthouse. (5) Agenda for the Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Wednesday, October 22, in the Commission Room. (6) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated that the candidates' forum is scheduled for 7:00 a.m. on Wednesday. (2) Announced that the ribbon cutting ceremonies for Aspen Mountain Air, providing non-stop air travel to Denver, are scheduled for 9:30 a.m. on Wednesday at the airport. (3) Announced that the annual Awards for Excellence program will be held Thursday evening. (4) Stated that he has received a copy of a newspaper article from Rapid City indicating that the College National Finals Rodeo (CNFR) will remain there, at least through next year. . (7) Mr. David Smith announced that he received a call from Mr. Ed Arnold, Wally Byam Caravan Club International (WBCCI), regarding the 2000 conference. He noted that bids are due a week from Friday. He stated that the MSU portion of the bid is completed; outstanding portions of the bid pertain to transportation and the dumping of gray water. He noted that the 1995 Legislature adopted a bill precluding the dumping of gray water on the ground, resulting in issues which must be addressed during preparation of the bid. 10-13-97 - 5 - Mr. Smith noted that, since those at the rally in Huntsville, Alabama, had only 3 amps of electricity, they were unable to run their air conditioning. As a result, a new requirement for sites of conventions after the year 2000 must provide 30 amps of electricity to every unit, at a projected cost in excess of $250,000. . (8) The City Manager submitted his weekly report, as follows. (1) Welcomed the Eagles Convention to Bozeman on Saturday on behalf of the Mayor, due to his scheduling conflict. (2) Did not attend the League of Cities and Towns Convention because the rest of the senior staff was gone. (3) Noted that, with the boiler being down, it got cold in City Hall, in fact, it was 51 0 in City Hall on Friday. He stated his appreciation for the staff members who continued to work in spite of the adverse conditions. (9) City Attorney Luwe submitted the following. (1) Announced that he authorized attorney Barry O'Connell to file a lawsuit in federal court against USF&G for failing to pay their share of the costs for the Bozeman Solvent Site, which total close to $100,000. He stated that, as a result, representatives from USF&G have assured Mr. O'Connell that a check is forthcoming, citing clerical error as the reason it has not already been processed. (2) . Announced that the Montana Municipal Insurance Authority (MMIA) has indicated it will pay dividends in its workers' compensation program rather than implementing premium reductions. (3) Stated that the League Convention went well. He then noted that next year's convention is in West Yellowstone and the following year's convention is in Bozeman, and that he will be responsible for the City Attorney's workshops for both of those conventions. (10) Commissioner Frost submitted the following. (1) Attended the blessing of the animals at the Episcopal Church on Sunday. (2) Noted that the recent article on gambling revenues was interesting, and forwarded his appreciation for the placing of those additional revenues in the reserves. (11 ) Commissioner Youngman stated that she attended the Library Board of Trustees . meeting on Thursday, noting this was the first Board meeting for the new Library Director. (12) Commissioner Rudberg submitted the following. (1) Asked if there is consensus among the Commissioners about bringing back a discussion on accessory dwelling units, particularly in light of the confusion at last week's meeting. The Commissioners indicated concurrence with bringing it back for discussion. (2) Stated that, after signing the letter of support for the grant, as requested at the last work session, she requested additional 10-13-97 - 6 - information, and she was assured that the information will be provided in the near future. (3) Forwarded her appreciation for the pictures of the firemen making their puppet presentations during Fire Prevention Week. (4) Stated that Pat Abelin, local member of the Montana Transportation Commission, has indicated the cooperation between Gallatin County and the . City of Bozeman is exceptional, particularly when compared to other parts of the State. ( 13) Commissioner Rudberg thanked the City Manager for his weekly update on items of interest to the Commission. She then asked about the status of the West Babcock Street right-of-way acquisition. City Attorney Luwe stated that City staff is assessing the two proposed alignments to determine which is preferable. Commissioner Stiff indicated his appreciation that all Commissioners are receiving the same information, characterizing it as "one of the better things implemented at the City Manager's level in a long time". (14) Mayor Stueck submitted the following. (1) Stated that he spoke to third graders at Whittier School last week about what the Commission and Mayor do. (2) Welcomed the . Federation of National Women's Clubs on Saturday. (3) Stated that he is trying to schedule a meeting with Governor Racicot on October 29, while he is in Bozeman, to discuss the City's on-going problems with the Department of Environmental Quality. (15) Mayor Stueck noted that last week, after Commissioner Stiff left the meeting, the Commission discussed the petition regarding the protection of neighborhoods from noise at night. He stated that Assistant City Manager Brey has previously cautioned the Commission that direction to staff is not always clear, and sometimes seems to come from only one Commissioner. As a result, he asked that the Commissioners make a concerted effort to forward their positions so that staff has clear direction. He recognized that this direction must be more informal during "FYI Items" and work sessions and agenda meetings, possibly with the . direction at those simply being to direct staff to place the item on the upcoming agenda. He then asked that the Commission once again address the noise issue, providing specific direction to staff. Commissioner Youngman stated that, since the petition was submitted to the Commission under "FYI Items", she was quite surprised that no discussion has yet taken place on the issue. 10-13-97 - 7 - Responding to the Mayor, City Attorney Luwe indicated that a straw vote of the Commission is acceptable under "FYI Items" and during agenda meetings and work sessions, as long as the result is clear direction to staff. He noted that, as an alternative, the Commissioners can simply voice their positions, as long as the result is clear direction to staff. . Mayor Stueck asked for the Commission's position regarding the petition on noise. He suggested that any addressing of noise should not be limited just to construction, but should apply to other disturbances, including dogs, as well. City Attorney Luwe stated that, as a result of last week's discussion, he was under the impression that direction to staff included bringing back copies of existing ordinances and statutes under which the City is currently operating. Following discussion, the Commissioners concurred that the next step is reviewing the information submitted by the City Attorney, to be possibly followed by a work session. Signing of Notice of 5Decial Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. . Discussion - draft annexation agreement for Vallev West Annexation Assistant Planner Debbie Arkell noted that, included in the Commissioners' packets, was a memo dated October 7, transmitting a copy of the "proposed" annexation agreement for the Valley West Annexation, which includes the revisions to the "preliminary" agreement considered by the Commission at its October 6 meeting. She further noted that, just prior to the meeting, a memo from City Attorney Luwe, dated October 13, was distributed. She stated that in that memo, the City Attorney has forwarded six revisions to the "proposed" annexation agreement. She indicated that the applicants' representative received a copy of this memo early this afternoon and, therefore, has not had much opportunity to review it. . At the Commission's request, the Assistant Planning Director reviewed the revisions as proposed by the City Attorney. She characterized most of the revisions as clarifications, forwarding the reasons for each of the revisions. Responding to Commissioner Stiff, the Assistant Planning Director stated that the special improvement district for improvements to Durston Road would probably be from North 19th Avenue to the western boundary of the annexation. 10-13-97 -- ..-- u_._....__.. ._. - 8 - Mr, Jack Schunke, Morrison-Maierle, thanked the Commission and City staff for the time , spent on developing the proposed annexation agreement. He encouraged the Commissioners to approve the annexation, noting that it represents a logical extension of the community and will provide for well-planned growth, . Mr. Schunke stated he has no problem with the "proposed" annexation agreement or revisions proposed by the City Attorney except for the requirement for sprinkling of all structures, including single-family residences. He suggested that the issue of sprinkling can be addressed at the time of development, recognizing that if adequate fire protection services cannot be provided, then sprinkling of the buildings would be appropriate, Responding to Mayor Stueck, the Assistant Planning Director stated that Area 3 contains approximately 64 acres. She noted that a portion of Bronken Park is located within Area 3 and staff has recommended that if Area 3 is not annexed, all of Bronken Park should be, At the Mayor's request, each of the Commissioners forwarded their positions on whether the wording of Condition No, 17, pertaining to fire sprinkling systems, should be "shall" or "may" and whether Area 3 should be annexed. . Commissioner Rudberg stated she feels the wording should remain with "may" and indicated her support for annexing Area 3. Commissioner Stiff stated his support for "may" and stated that, while he has many concerns about annexing Area 3, he will support it. He then indicated that he does have some concerns about the additional wording in the first line of No, 17, which states "annexation and future development of the Tract must not place an additional burden on the taxpayers of the City of Bozeman"; however, since the applicants' representative has not registered any concern, he is willing to accept it, Responding to Commissioner Youngman, Assistant Planning Director Arkell stated that the annexation agreement, as written, serves as notice to future buyers and developers that . fire sprinkler systems may be required during development within this annexation if adequate services cannot be provided, She noted that this eliminates surprises in the future, since the agreement is recorded at the Courthouse, Further responding to Commissioner Youngman, City Attorney Luwe stated that during review of applications for subdivision, planned unit development or major site plan, the Commission may impose conditions to mitigate any impacts they may have identified during 10-13-97 ------- .- .--.--.".-.-. - 9 - review of the application. He cautioned that if an impact has not been identified, then the Commission would have difficulty imposing a condition, citing the requirement for sprinkler systems as an example. He noted that if the Commission approves the agreement with the word "shall", it can back off on the requirement if no impact is identified; and if it approves the . agreement with the word "may", it can impose the requirement if an impact is identified. He stated that, at this time, the Commission must simply determine how it wishes to approach the issue. Commissioner Youngman stated she has concerns about annexing Area 3, indicating that she feels it would be more appropriate to annex that area later. She then stated she feels the wording of the first sentence in Condition No. 17 is important, possibly with additional wording to clarify its intent. City Attorney Luwe suggested that the statement could be rewritten to read "... annexation and future development of the Tract must not place an additional burden, directly or indirectly, on the taxpayers ..." Commissioner Stiff stated this is the phrase to which he had previously alluded, . forwarding his concern that inclusion of this type of statement could result in the court system resolving any future disagreements. Commissioner Youngman suggested an option to the phrase "directly or indirectly" might be "either financially or through reduction of services". She then stated she feels it is important to eliminate any ambiguity in the agreement. Responding to Mayor Stueck, the City Attorney stated that the Commission must first make a determination on whether a requested annexation is in the best interest of the area and the citizens of Bozeman and, if it is, the annexation agreement is then developed based on the specifics of the area and the request. He noted that, as a result, the contents of the annexation agreement will vary. . Responding to Commissioner Stiff, the Assistant Planning Director confirmed that once infrastructure improvements are in place, she anticipates that development adjacent to Ferguson Avenue and Durston Road should be quite easily and quickly done. She then noted that the intent of the first sentence in No. 17 is to put the landowners and future developers on notice that additional requirements may be imposed on development of other segments of the property. 10-13-97 ---...-. --..-----. - 10- City Attorney Luwe reminded the Commission that the City must be prepared to provide police and fire services immediately upon annexation. Following discussion, Commissioner Stiff requested a break to talk to City staff. . Break - 4:48 to 4:55 D.m. Mayor Stueck declared a break from 4:48 p.m. to 4:55 p.m., to give Commissioner Stiff an opportunity to meet with City staff. Discussion (continued) - draft annexation aQreement for Vallev West Annexation Commissioner Stiff indicated he continues to have concerns about issues surrounding this requested annexation. Commissioner Frost stated he is concerned about annexing Area 3 at this time, in part because of the precedent it might set. He also expressed concern about arguing with the Fire Chief about fire safety issues, stating he feels that since the Chief has recommended changing the annexation agreement to require sprinkler systems, he feels the Commission should . carefully consider it. He also indicated support for retaining and clarifying the language in the first sentence under No. 17. He then indicated that if these provisions are not included in the agreement, he cannot support it. Commissioner Youngman recognized that it makes sense to annex large chunks of land whenever possible, and the community is naturally growing to the west. She stated, however, that she cannot support the requested annexation without the additional language she has proposed or the requirement for fire sprinkler systems. Mayor Stueck stated that, while he shares many of Commissioner Youngman's concerns, he feels that annexation of the entire 411 acres is appropriate. He also stated his support for removing the additional language in the first sentence of No. 17, noting that . impacts on municipal services will be addressed during subdivision review whether the phrase is included or not. Mayor Stueck noted that Valley Unit Subdivision, which lies immediately to the east of the proposed annexation, has been inside city limits for almost twenty years and is now approximately two-thirds developed. He suggested that development of the 411 acres under consideration in this annexation will probably develop at much the same rate. He then noted 10-13-97 -.--..----.--.. --....- - 11 - that Billion Auto Plaza, which is included in the requested annexation, is already developed, which will result in an immediate increase to the tax base with minimal demands on services. Mayor Stueck then stated he feels it is in the City's best interests to annex areas where growth is logical. He noted that when those parcels are large, master planning of the area can . be more easily accomplished than when the parcels are twenty acres in size. He concluded by thanking Assistant Planning Director Arkell, the Planning staff and the applicants and their representative for working together to develop a proposed annexation agreement which addresses the issues and concerns which have been raised. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the proposed annexation agreement for Valley West Annexation, including Area 3, with the following revisions: incorporate the revisions contained in Nos. 1, 2, 3, 4 and 6 of City Attorney Luwe's memo dated October 13, and delete the underlined wording in Lines 14 and 15 on Page 12 (under No. 17), and authorize and direct staff to bring back a resolution annexing the subject property upon execution of the Annexation Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, . Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. Mr. Robert Heebner, 405 Overbrook, raised a question about procedure, noting that the Commission has discussed the annexation agreement and subsequently removed a section without obtaining public comment. He forwarded his concern about the process noting that, as a taxpayer in the community, he has been affected without the opportunity for input. City Attorney Luwe reminded the Commissioners that they have conducted the public hearing on this requested annexation, and substantial input has been received. He noted, however, that this is a legislative decision; therefore, the Commission may accept public comment. On this basis, he recommended that the Commission accept the additional public . comment at this time, after which the Commissioners who voted on the prevailing side must determine if they wish to reconsider their previous decision. Mr. Heebner noted that the Commissioners had discussed the possible addition of the words "directly or indirectly" to more specifically identify the burden to taxpayers that would be considered. He stated that the elected officials at the time development is considered are responsible for making the decision, based on the facts available at that time, on whether a 10-13-97 .---.--..-.-. - --- -- - -..- - 12 - proposed development will have financial impacts on the taxpayers of the community. He recognized that any Commission decision could be challenged in court; however, he suggested that they should not be concerned about the proposed additional wording because the decision would be based on the facts available at the time. . Mr. Heebner then stated that changing the wording pertaining to the fire sprinkler systems from "may" to "shall" gives the Commission the right to say that those systems are required in all development within this annexation, but that requirement can then be waived, based on the facts available at the time. Mayor Stueck noted that many of the issues covered in this annexation agreement are actually issues which are addressed during subdivision review, and they will be addressed at that time in this instance as well. He then thanked Mr. Heebner for his comments. None of the Commissioners from the prevailing side indicated an interest to reconsider the previous action. Public hearing - aDDlication for CDBG monies for Bozeman Interfaith Housina II; Commission . Resolution No. 3211 - authorizing submittal of grant aDDlication This was the time and place set for the public hearing on an application by the City of Bozeman for Community Development Block Grant monies for the Bozeman Interfaith Housing II project. Mayor Stueck opened the public hearing. Neighborhood Coordinator/Grantsperson James Goehrung stated that under this application, the City of Bozeman is sponsoring a grant on behalf of Bozeman Interfaith Housing II for construction of the second phase of their 20-unit rental housing project along the south side of West Babcock Street, just east of its intersection with Fowler Avenue. He reminded the Commission that Phase I of this project is currently under construction. The Neighborhood Coordinator/Grantsperson noted that the City of Bozeman sponsored . essentially this same grant application last year, but was unsuccessful in obtaining funding. He noted that this year's application does include some clarifications, one of which is designed to eliminate confusion about those targeted under this application. He noted that these rental units are designed to serve the very low-income persons in the 3D-percent to 50-percent of median income range. 10-13-97 - 13 - Neighborhood Coordinator/Grantsperson Goehrung reminded the Commission that a needs assessment update is currently in progress. He noted that the initial survey has been completed and the results are being compiled. He stated that the survey was mailed to property owners and provides the basic information for the community, and a supplemental . survey is now being prepared and will be sent to renters. The results of the supplemental survey will be incorporated into the overall needs assessment and the new information forwarded to the State for consideration as this application is reviewed. He noted that the deadline for applications is October 17, and ranking of the applications should be completed by Christmas. He then assured the Commission that submittal of the needs assessment information after submittal of the application will not jeopardize the application's chances of success. Several representatives from Bozeman Interfaith Housing II were present in support of the grant application, although no one spoke. No one was present to speak in opposition to the grant application. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . Included in the Commissioners' packets was a copy of Commission Resolution No. 3211, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3211 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT MONIES. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 3211, authorizing submittal of the grant application for Community Development Block Grant monies for the Bozeman Interfaith Housing II project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and . Mayor Stueck; those voting No, none. Executive Session re Dersonnel - Evaluation of Clerk of the Commission Mayor Stueck announced his intent to close the meeting and enter into executive 10-13-97 ----- .-- ---.-- ----... - 14 - session, under Section 2-3-203(4), M.C.A., for the purpose of evaluating the job performance of the Clerk of the Commission. At 5:25 p.m., Mayor Stueck called an executive session for the purpose of the evaluation and asked all of the persons except the Clerk of the Commission to leave the room. . At 5:58 p.m., Mayor Stueck closed the executive session and reopened the meeting. Adjournment - 5:58 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. (2~~~ DON E. STUECK, Mayor . ATTEST: r2L;/~ ROBIN L. SULLIVAN Clerk of the Commission . 10-13-97 --- -..----