HomeMy WebLinkAbout1996-10-14 Minutes, City Commission
MINUTES OF THE WORK SESSION/AGENDA
MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 14, 1996
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. The Commission of the City of Bozeman met in work session and agenda meeting in
the Commission Room, Municipal Building, October 14, 1996, at 3:00 p.m.
Present were
Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, City Manager Wysocki, City Attorney Luwe and Deputy Clerk of the Commission
Erlandson.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Agenda Meeting - for regular meeting and Dublic hearinas to be held on October 21. 1996
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
. City Manager Wysocki briefly reviewed the background information which was
included in the Commissioners' packets.
(4) Assistant Planner Christopher Williams
handed each Commissioner a copy
of the Bozeman Area Sign Code Draft, dated October 14, 1996. He noted that the large Price
Rite sign on 7th Avenue had been removed and that he will be meeting with the City Attorn~y
and Assistant City Manager to work out a compromise with other sign owners.
In response to the Assistant Planner, Mayor Stueck said the Commission will decide
on October 21 whether or not to table the action on the draft Sign Code for thirty days.
(5 and 16) Assistant Planner Chris
Saunders informed the Commission that
the Planning Board agreed to all conditions in the staff report, recommending approval of
the
project but not the variances requested because of the necessary waivers.
The Assistant
. Planner said the variances requested do not meet the statutory requirements, and the Planning
Board feels there are other mechanisms the applicants can use that will allow them to meet
all
necessary requirements.
City Manager Jim Wysocki noted that installing a "y" connection to service two lots
owners is not the normal way of doing things, stating it is preferable for each property
owner
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to have his own tap in case of blockage and possible backup. However, he said the reason
for
this temporary "y" is that a newly paved street is involved and the Code dictates a line
cannot
be cut across it for seven years. The
City Manager said such a "y" connection becomes a
maintenance problem for the community.
. In response to Commissioner Stiff, Assistant Planner Saunders said that, if the project
were built to the maximum, density of traffic on Babcock would be increased by about fifty
percent of what is approved for the subdivision.
In response to Mayor Stueck's concern about traffic on Babcock Street, City Attorney
Luwe said he will compile information for the Commissioners' next meeting on the status
of
acquisition of rights-of-way for the widening of Babcock Street, the costs involved, and
the
best way to obtain them.
Assistant Planner Saunders noted there is some concern as to whether development
of the project will create a problem for adjoining property owners.
Responding to the City Manager, the Assistant Planner said the code allows a density
of up to 15 units per acre but the applicants feel they will realistically have 6 to 7 per
acre.
e In answer to Commissioner Rudberg's question as to what the applicants feel is
"affordable housing", the Assistant Planner noted they have not yet offered a dollar figure.
(6) Chris Saunders, Impact Fee Coordinator,
noted the opportunity for the
applicants to apply for their building permit was available, but the applicants had not
done so.
He said the applicants feel they were incorrectly informed in a letter sent by the Planning
Office
outlining the conditions necessary for such an application and, specifically, thought water
and
sewer main extensions could be financially guaranteed. However, the Impact Fee Coordinator
said that same letter emphasized the City's long held position that building permits will
be
issued only after completion and acceptance of the water and sewer improvements. He said
it appears there was adequate time for the applicants to proceed with the installation of
the
_ infrastructure and that staff, therefore, recommended this request for an extension of the
. impact fee grace period not be granted.
(7) Chris Saunders, Impact Fee Coordinator,
noted the plans in question were
ready for the issuance of a building permit but were not picked up by the applicant. While
he
noted this was due to circumstances beyond the applicant's control, the Coordinator said
these
circumstances were in no way attributable to the City and, in the interest of equitable
treatment
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for all applying for such an extension, staff recommends a denial of the extension.
(8) City Manager Wysocki noted the monthly
deferred compensation will be
$243 for the City Attorney and Director of Finance; $250 for the Director of Public Service;
and
$50 for the Clerk of the Commission.
. (14) Associate Planner Dean Patterson described
the design of the sign, noting
the Design Review Board recommends approval of the request for a deviation, with the
condition the sign be no more than 15% over the total square footage allowed.
(15) Associate Planner Dean Patterson noted
this existing residence has parking
in the rear, and that duplexes are allowed in this "R-3A" zone. He further noted that the
Design
Review Board's main issue is with the roof, which currently is a simple gable running north-
south. The planner said the proposed roof is a gable running east-west that is taller than
the
existing roof and that the two roofs are connected with a large cricket-like structure running
between the peak of the existing roof and the side of the addition. He said the Design Review
Board recommends the existing roof be extended to cover the entire proposed structure, plus
a number of conditions to match the size of the structure to the size of the lot.
. In response to Mayor Stueck, the Planner said the applicants plan to include a
basement but not to finish it at this point.
Work Session - (A) Presentation of uDdate re Transit StudY: (B) Commission notification
of
arant aDDlication for 9-1-1 eauiDment: (C) Discussion with City-County Plannina Board re
results from survey of Dlanning. develoDment and desian review Drocesses
(A) Presentation of update re Transit Study
Neighborhood Coordinator/Grantsperson James Goehrung informed the Commission
that, due to a number of changes, the group had been given a six-month extension to prepare
the survey.
In response to Commissioner Frost's query as to whether walking is a more popular
form of transportation than the bicycling cited by the survey, the Neighborhood
. Coordinator/Grantsperson said the survey asked respondents to choose their "modal form of
transportation", which includes bicycles.
The City Manager said monies are available from the Department of Transportation
to formalize this report in order to apply for federal funding to implement the program.
In response to Mayor Stueck, Jerry Perkins, owner of Karst Stage, said a total of 6
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buses will be needed; two buses for each of the two routes, plus one spare bus for each route.
Responding to the Mayor's concerns that the number of people using the buses might
not justify the cost of running them, the Neighborhood Coord inatorl Grants person said that, to
ensure the highest level of ridership, the program must be marketed. He noted that results of
. the survey show the higher the premium for parking, the more people will ride a bus, and that
this relates to the downtown area as much as to the University.
The Neighborhood Coordinator/Grantspersonconfirmed Commissioner Stiff's question
as to whether or not the monies will be 80/20 matched federal funding, and noted he will
speak about the program before the Transportation Coordinating Committee on October 16,
giving them an opportunity to respond with written comments. He said his intention is to finish
up any changes or additions by December, bring the survey back to the Commission and, in
January, apply for State funds, if directed by the Commission.
Jerry Perkins said that, in putting together an estimation of running costs, such as
maintenance, fuel, depreciation, etc., the figures of 2.46-2.86 cents per mile were arrived at,
based on a 5 or 6 day week cost. He said the American Disabilities Act must also be
. considered and a decision made as to how many of the buses will have the lift and tie down
facilities.
In response to Commissioner Stiff, Neighborhood Coordinator/GrantspersonGoehrung
said the new transit system will not affect the GalaVan operation and it may be possible to
work with them, perhaps by offering handicapped riders the lift and tie down facilities via
Galavan at specific times of the day.
Commissioner Rudberg said she liked the personal service offered by GalaVan and
agreed the two systems working together might work out well.
In response to Commissioner Frost, Neighborhood Coordinator/Grantsperson Goehrung
agreed that 3315 funding is for work transit systems, and that the level of funding will stay
. at current levels or with a possible slight increase. He noted that additional financial assistance
will be needed for start-up costs.
Jerry Perkins said the survey group had looked at a 36 passenger bus, noting that for
each wheelchair lift, and one tie down, you lose 9 passenger seats, and that the City will not
want less than a 32 passenger capacity bus.
City Manager Wysocki said, when looking into possible bus routes, it is worth
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considering that a transit system could reduce the need for additional road improvements
or
additional lanes on those roads. He
mentioned the possibility of a park and bus system.
Neighborhood Coordinator/Grantsperson Goehrung noted the members of the study
group had had a good meeting with representatives from the County and outlying areas.
. (8) Commission notification of grant application
for 9-1-1- equipment
Neighborhood Coordinator/Grantsperson Goehrung said that, under the COPS MORE
'96 Program, $100 million in funding is available, $50 million being earmarked for communities
with a population under 150,000. He said he is gathering statistics on the dollar amount
that
can be applied for to upgrade the 9-1-1 system. The Neighborhood Coordinator/Grantsperson
noted there are limitations in how the money can be used; specifically, for improving officer
efficiency in the field. He said the whole intent of the program is to have officers on
the street
for more hours per day.
The Neighborhood Coordinator/Grantsperson explained that, for every ten full time
employees in the Police Department, the City can apply for $250,000, and that the City of
Bozeman will act as a lead agency for Gallatin County and local police departments. He said
. the City stands a better chance of getting its funding by using this multiple application, with
the funds being distributed proportionately to everyone. He concluded by saying these funds
are to be matched by a 25 % contribution from the City and County.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Invitation to attend a dedication ceremony
for Valley Unit Park on
Wednesday, October 16 at 6:30 p.m.
Mayor Stueck informed Neighborhood Coordinator/Grantsperson Goehrung that he
would be happy to attend and speak at the ceremony.
. (2) Copy of a letter, dated October 8, from Larry Conner, Bozeman Police Chief,
to Carol A. Denecke, Executive Secretary of the Downtown Business Association, Inc.
informing her that Captains Bill Kayser and Mel McCarver will head the Police Department's
Advisory Committee.
(3) Card from the Dwain Wortman family,
thanking the Commissioners for
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naming part of the walking trail for Mr. Wortman.
(4) Letter, dated October 7, from Arline
Lambert, 1521 Willow Way, citing her
agreement with Thomas A. Nygard's letter to the Chronicle in which he encouraged the
Commission not to relax their standards on the North 19th/Oak Street development.
. (5) Copy of a letter from Bill and Bobbi
Clem to the Bozeman Chronicle, dated
October 9, deploring the Commission's decision re North 19th development.
(6) Telephone message from Marilyn Hill
of Big Sky, dated October 9,
registering her position against casinos in Bozeman.
(7) Letter from Philip Saccoccia, Jr. dated
October 10, thanking the Commission
for adopting the North 19th Ave/Oak Street Corridor Master Plan.
(8) Notification of approval, from F. Patrick
Crowley of the Department of
Environmental Quality's Solid Waste Regulatory division, of the design for construction
of the
extraction wells and conveyance piping in the Bozeman Landfill Gas Extraction System.
(9) A list of the 1996 resolutions adopted
by the League of Cities and Towns
during its annual business meeting on October 11.
. (10) Minutes of the Parking Commission meeting
held on September 12.
(11 ) Minutes of the Tree Advisory Board
meeting held on September 12.
( 12) Agenda for the Gallatin County Commission
meeting to be held on October
15 at 1 :30 p.m. in the Courthouse Community Room.
( 13) Agenda for the Development Review Committee
on October 15 at 7:00 in
the City Commission Room.
(14) Agenda for the Bozeman City-County
Planning Board to be held on October
15 at 7:00 p.m. in the City Commission Room.
(15) The City Manager submitted his weekly
report, as follows: (1) Attended
training for the hand held ticket writers last week at the City Court, noting there are
some
things yet to be worked out but that the ticket writing system is said to be a good one.
(2)
. Noted that all resolutions before the League of Cities and Towns had passed. (3) Announced
the City has a credit from Workers Compensation of $21,600, due to the City's excellent
rating. (4) Interagency will meet Wednesday at 7:00 a.m. at Bridger Bar-B-Q. (5) Talked
to Bob
Lashaway about South 11 th. They expect to pave next week and the road will be open for
the
winter. (6) Representatives from Gallatin County met with County Commissioners a few weeks
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ago to discuss legislation. A meeting with the legislators will be held on November 13 at 7:00
p.m. in the Manhattan High School. The City Manager said the original idea was to have a
meeting before the election but it was not possible to catch up with the legislators. (7) Noted
that Community Events Overtime listings by the police department are events they can charge
. for, but that others, such as parades, are not.
( 16) Commissioner Youngman announced she had attended a Library Board
meeting. She also attended the Watershed Workshop and that Craig Brawner, City Engineer,
was on one of the panels and did a good job. The Commissioner found the information
on
current water use, quantity and quality to be really helpful, especially since, she noted, City and
County water use affects each other.
( 17) David Smith, Executive Director of
the Bozeman Area Chamber of
Commerce, noted he had a Board meeting last week, and that they are working on a 5-year
plan for the Chamber.
( 18) Mayor Stueck reported he, Mike Malone and Dr. Paula Butterfield had given
the welcome at the State Convention of High School Student Councils. Noted he had spent
. the past week at the League of Cities and Towns in Kalispell, with other City Officers, and had
attended a lot of meetings that he found interesting. Noted Don Rudberg played in the Golf
Tournament and won second place. Mayor Stueck then announced that Bozeman will host the
1999 League of Cities and Town Convention.
Work Session (continued) - (C) Discussion with City-County Plannina Board re results from
survey of Dlannina. development and desian review Drocesses
(C) Discussion with City-County Planning Board re results from survey
of planning, development and design review processes
The Commission and Planning met in work session to review the "Final Report of
Survey Results - Evaluating the Planning, Development and Design Review Process of the City
. of Bozeman ", as compiled by Dr. Ken Weaver and Judy Mathre, Local Government Center,
Montana State University. Those in attendance included:
City-County Planning Board
Jim Devitt, Chair
Clark Babcock
Bill Mitchell
Sandra Smiley
Michael Vincent
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Marty Weaver
Bill Wright
Planning Staff
Andy Epple
Chris Saunders
Christopher Williams
. Dave Skelton
Southwest Montana Building Industry Association
Terry Profota, Executive Director
Russ Squire, President
Mayor Stueck announced that Ken Weaver and Judy Mathre, of the Local Government
Center at Montana State University, were unable to be present.
In discussion of the Final Report of Survey Results, Mayor Stueck noted that 9% of
respondents stated they were not treated fairly. He said Ken Weaver, in discussion with the
Mayor, was not concerned with these percentages because they are indicative of a rating in
the 10-15% low range, which is part of the typical balancing process.
Mr. Weaver told him that being in the 'poor' and 'adequate' categories does not
. necessarily mean the respondent feels this way now; it means he felt this way at some point
in the past and, hopefully, things have improved since then. He said one should divide
everything in the adequate percentage by 50%, leaving 30 percentage that needs to be
improved.
Mayor Stueck remarked his feeling is that "adequate" means there is room for
improvement.
Commissioner Stiff commented the Commission should look at the written comments
and areas of possible improvement.
Marty Weaver noted that "adequate" can also fall into the category of "what
happened was alright". In response to Mayor Stueck's remark that 12% of the respondents
feel the City Commission represents the greatest problem in the review process, she said her
. understanding is that the Commission's decision to table a decision on a project causes the
most concern.
In reference to Appendix 12, Commissioner Stiff said the comments highlight
micromanaging by the Commission, that the Commission should follow staff recommendations
better and that they should make decisions on a weekly basis. Mayor Stueck noted the
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Commission cannot make decisions at any meeting; for a decision to be made in a work
session, a special meeting has to be called.
Commissioner Frost said it is sometimes hard to understand what a person means
when they are responding to a pOlitical survey question, and that too much weight can be given
. to public opinion. He questioned whether making a negative decision because of public input
would make the Commission seem to be acting politically. "It is our job" he said, "and
whatever decision we make will upset someone".
Commissioner Youngman noted part of the public's concern is that public comment
should be heard early on in the process and that the Commission needs to think of ways to
encourage this.
Commissioner Frost said the Planning Board has their work sessions at which the
public can get involved, noting these sessions seem to work well for public exchange and ideas.
He went on to say the Commission is the last stop in the process.
Responding to the City Manager, Marty Weaver said she had noticed that more
applicants choose to attend the Commission meetings rather the Planning Board meetings,
. because they feel that is where the decision is made. Ms. Weaver said she thinks the process
needs streamlining because the process has been an exercise in frustration.
City Manager Wysocki and Marty Weaver agreed that, with the current procedure,
the Commission does not often completely reverse a Planning Board decision.
Russ Squire stated he gets a lot of calls from non-building association members,
whose frustration is a lack of understanding of the time and processes involved.
Commissioner Stiff said a lot of the public feels the Commission does not recognize
that time is money for them, but that, in the private sector, time is money. He said the
implication is the Commission is not handling this part of the equation.
Mayor Stueck agreed the time factor is of great concern; however, he said
. professionalism moves a project along smoothly. while others do not get their paperwork done
on time and transfer the blame to the planning process.
Commissioner Youngman observed many of the comments in the report pertain to the
most recent streamlining, and some problems have already been solved.
City Manager Wysocki noted the average person spends little time in preparing
dimensional calculations and preliminary work on things like easements and groundwater before
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going through the planning process. In response to Mayor Stueck,
he replied some
communities' planning processes do not take any time at all.
Commissioner Stiff stated that on Page 41 of the Addendum, it indicates that it took
three times as long to build something in Bozeman as it did in Kalispell."
. In response to the Planning Director, Commissioner Stiff suggested a review of
Appendices 7, 8 and 11 to identify areas of improvement.
The Planning Director noted that staff has viewed this document as constructive
criticism. He said the Planning office now has a full staff that makes it easier to give the public
advice. He said the staff has put together tip sheets to explain planning processes to the
public, and this has created good feedback.
In response to Mayor Stueck, the Planning Director said a concept plan or pre
application is a necessary beginning to the process because it gives Planning staff and the
applicant feedback at an early level before a lot of money is spent. He noted a new person can
get a lot of help over the counter if he chooses. He then indicated that large projects are often
a lot easier for the Planning Board to deal with because they are done more professionally.
. In response to Commissioner Rudberg's comment that some developers might propose
what is known in order to get through the process, rather than trying something new, James
Devitt said this kind of discussion rarely comes up with the Planning Board as developers feel
uniformity of design provides for ease in getting through that process.
Sandra Smiley said she would like to see the City promote creativity and design.
Terry Profota said a lot of things in the survey are valid; that most builders who build
3 or 4 houses a year go into a planning meeting ill prepared, resulting in a postponement. In
response to Commissioner Youngman, Ms. Profota said she plans to distribute tip sheets
through her association.
In response to Commissioner Youngman's remark that uniformity is industry oriented,
Senior Planner Epple noted certain developers like one design over any other, creating a sort
. of uniformity. He said creativity is encouraged by the design review process and there are no
set standard rules of design.
Commissioner Frost said he is frustrated that the Code does not allow different widths
of streets or setbacks and that perhaps allowing a difference from the norm will take a separate
process. He noted he would like to discuss this further at a work session.
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Commissioner Rudberg observed she has spent hours reflecting on how to do things
better, noting, "if the perception is there in the public, it is a reality". The Commissioner said
she feels people who are new to the process need help in understanding it.
Mayor Stueck forwarded Ken Weaver's overall view, that the main issue is timeliness,
. fairness and consistency.
Marty Weaver said she felt strongly that all members of the Planning Board and
Commission should receive training in their duties, that they should know what they were
supposed to know, and that this issue came up in the review. Ms. Weaver held up a pile of
books she said she was supposed to be familiar with but which she has had no time to read.
She went on to say that one of the most difficult things for a volunteer body is to be the
supervisor of paid staff when they have no clear guidelines to follow. She said the staff does
not need to be defensive about this, but to act to get things done.
In response to Sandra Smiley, Mayor Stueck said he hoped ADR will take care of
many problems. Planning Director Epple said he already sees this happening.
Mayor Stueck said the Commission needs to continue with improving customer
. relations and getting rid of negative public perceptions.
Planning Director Andy Epple noted staff has spent a lot of time reviewing the points
made by the survey. He said many were pointed and difficult to read, but a few of the
criticisms were constructive, and they have been considered at staff level. He said changes
have been made in customer service and the feedback is good.
The Planning Director said the Design Review Board and Design Review Committee
have made changes in their meetings, inviting the applicant to sit at the table with them and
be introduced to everyone. He said he feels this helps with their public image. The Planning
Director noted he now sits in an advisory capacity on the Design Review Board rather than as
a member.
Bill Wright noted developers fall into several categories: 1) professionals with no
. problems; 2) guys looking for shortcuts, and 3) those new to the process. He said planning
needs to focus on an educational process for everyone. He said he likes the tip sheets but feels
perhaps they need to be updated.
Commissioner Rudberg noted the Southwest Montana Building Industry Association
puts out a good, educational newsletter. Following the thought, Terry Profota agreed,
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suggesting monthly informational articles. In response to Marty Weaver, Ms. Profota said she
feels builders will be too tired in the summer evenings, but that a 20-30 minute program on
winter evenings might help to promote the City's processes.
Bill Mitchell stated he feels the biggest problem is communication and the need to get
. out the information as to how the system works, especially the appeal process. He suggested
a flow chart and synopsis of the planning/building process.
Senior Planner Dave Skelton agreed, noting all necessary information is in the Planning
Office but needs to be disseminated to the public. He feels the problem is the person who is
in the middle of the spectrum, such as an older, retired couple who want to make some slight
change to their house and are intimidated with the process. He further said Planning Staff
encourages informal reviews because this accomplishes a lot more with a new builder. The
Senior Planner said that, basically, to get the right answer, you have to ask the right question.
Sandra Smiley remarked the average homeowner will not check the planning process
before they need to use the system. She further noted the newspaper allots only a certain
amount of space to certain subjects, but that the media could be an excellent source of
. information for the public as to the planning process. She feels a series of articles over a period
of a few weeks would be helpful.
Clark Babcock said he was pleasantly surprised at how good the survey turned out,
considering there was only a 38% response rate. He noted people with a complaint
will
respond where those who are happy or comfortable with the process won't.
Planning Director Epple noted there will be room in the Planning Office when the
Building Inspection staff moves to the City Hall annex, and that the position of Permit
Coordinator will be opened. This position will create a one-stop "shop" for the public and
should make the whole planning process a lot easier for everyone.
In response to Commissioner Rudberg, the Planning Director said the Planning office
. had tried closing one day a week, but received enough negative public comment that their
office reopened for the entire week.
Responding to Commissioner Rudberg, Mary Weaver said she would like the City-
County Planning Board to sit down with the Commission and identify goals to work on.
Mayor Stueck said changes have been made in the past year and that things are
moving in the right direction, but he does not want the public to think the process is burdened
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with bureaucracy.
Jim Devitt said he would like to see a focus on one or two of the comments in the
survey, for instance setting a goal this year to make the planning process work better.
He
suggested one of the first steps is to determine on which group attention should be focused,
. the professional or large developer, the one-time person who wants to re-shingle his roof, or
the builder who has just moved to Bozeman, who will be back for more permits next year.
In response to Mr. Devitt, City Manager Wysocki said building suppliers could be a
good source for disseminating information.
Mayor Stueck suggested the possibility of a work session every other month.
Planning Director Epple said it is important to have meetings reserved for specific issues.
Bill Mitchell said it really helps alleviate problems when Planning and the public sit
down together to talk, and that the public should be encouraged to attend a Planning Board
meeting when there is a problem.
Commissioner Stiff urged the Planning staff not to give up on policy changes.
Commissioner Rudberg commended the Planning board and staff on the North 19th
. Avenue corridor.
Mayor Stueck thanked everyone for attending the work session.
Adjournment - 6:10 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and
Mayor Stueck; those voting No, none.
. ( C) tn-1 t!~~
DON E. STUECK, Mayor
ATTEST:
&iI/aM f a~Ol-
GILLIAN z. ERLANDSON
Deputy Clerk of the Commission
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