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HomeMy WebLinkAboutJanuary 3, 2011 Minutes.pdf MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 3, 2011 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, January 3, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. * * Please refer to the audio recording of this meeting for additional detail. The Meeting was not called to order at 5 p.m. (as the original agenda stated) because it was deemed that the Litigation Session originally scheduled for that time was not needed. 0:05:12 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6 p.m. 0:05:14 C. Pledge of Allegiance and a Moment of Silence 0:06:02 Welcome Mayor Krauss welcomed everybody to the meeting. 0:06:16 D. Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. 0:06:32 E. Minutes – November 8, 2010, November 15, 2010, November 29, 2010, December 6, 2010, December 20, 2010 It was moved by Cr. Andrus, seconded by Cr. Becker to approve the minutes from November 8, November 15, November 29, December 6 and December 20, 2010 as submitted. 5 Minutes of the Bozeman City Commission Meeting, January 3, 2011 2 Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:06:52 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve Resolution No. 4306, Amending Resolution No. 4282, adding Revenues and Appropriations for FEMA Fire Grant in the Fiscal Year ending June 30, 2011 (Rosenberry) 3. Approve payment of $9,674.03 for the Buttrey's Solvent Site Cost Recovery (Cooper) 4. Approve Resolution No. 4307, Amending Resolution No. 4298 regarding the Technical Assistance Component of the Redevelopment Incentive Program (“N7Rehab”) for the North 7th Avenue Urban Renewal District (Thorpe) 5. Adopt the Fire Impact Fee Fund within the Recommended Capital Improvements Plan (CIP) for Fiscal Years 2012-2016 (Rosenberry) 6. Adopt the Street Impact Fee Fund within the Recommended Capital Improvements Plan (CIP) for Fiscal Years 2012-2016 (Rosenberry) 7. Adopt the Wastewater Impact Fee Fund within the Recommended Capital Improvements Plan (CIP) for Fiscal Years 2012-2016 (Rosenberry) 8. Adopt the Water Impact Fee Fund within the Recommended Capital Improvements Plan (CIP) for Fiscal Years 2012-2016 (Rosenberry) 9. Finally Adopt Ordinance No. 1796, amending Title 18, Unified Development Ordinance, Bozeman Municipal Code (Saunders) 0:06:58 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:07:50 Motion and Vote to approve Consent Items 1-9. It was moved by Cr. Becker, seconded by Cr. Mehl to approve Consent Items 1-9. Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 0:08:12 G. Public Comment Mayor Krauss opened public comment. 6 Minutes of the Bozeman City Commission Meeting, January 3, 2011 3 No person commented. Mayor Krauss closed public comment. 0:08:43 H. Special Presentation – 2011 Online Ethics Training (Sullivan) City Attorney Greg Sullivan gave a special presentation regarding the 2011 Online Ethics Training for staff and advisory Board Members. 0:18:05 I. Action Items 0:18:23 1. City of Bozeman’s Economic Development Council 2010 – 2011 Priorities and Recommendations (Fontenot) 0:18:35 Brit Fontenot, Economic Development Liaison and Assistant to the City Manager Mr. Fontenot gave the staff presentation regarding the City of Bozeman’s Economic Development Council (EDC) 2010 – 2011 Priorities and Recommendations. He spoke regarding the City of Bozeman Economic Development Plan and the establishment of the Economic Development Council. He spoke regarding the groups accomplishments. 0:22:43 Chris Westlake, Chair for EDC Mr. Westlake stated that the establishment of the Council was a big thing for the City to do. He spoke regarding the EDC representing the City's priorities. 0:24:36 Mr. Fontenot Mr. Fontenot spoke regarding the EDC's Preamble. 0:26:55 Mr. Fontenot Mr. Fontenot spoke regarding the Priorities following: 1) Ongoing financial commitment to Economic Development. 2) Commitment to a business-friendly process with a focus on retention and expansion of existing local businesses. 3) Stabilize existing local incubators and create a full service business incubator program to achieve a healthy business ecosystem. 4) Core Services and Infrastructure. 5) Identification and Establishment of Business Incentives. 6) Workforce Development. 0:30:30 Mr. Fontenot Mr. Fontenot spoke regarding the Economic Development Council Priority and Recommendation Matrix. 0:36:23 Cr. Mehl 7 Minutes of the Bozeman City Commission Meeting, January 3, 2011 4 Cr. Mehl thanked the Council. 0:37:20 Cr. Andrus Cr. Andrus stated that she likes the matrix layout and timeline and wondered about the Summit. 0:37:41 Mr. Fontenot Mr. Fontenot explained the purpose of the Summit including the desire to know the Community's point of view and to inform them. 0:39:13 Cr. Andrus Cr. Andrus spoke regarding cross pollinating with the Mayor's Climate information. 0:40:09 Cr. Taylor Cr. Taylor stated that this is a great piece of work. He spoke regarding a diverse economy. He wondered how a diverse economy plays into what already exists. 0:41:23 Mr. Wallace Mr. Wallace spoke regarding bringing dollars into the Economy and having the dollars circulate; this builds a stronger Economy. He spoke regarding the Summit and the goals of this. They want to take a look at the assets and benefits to the City. 0:43:50 Cheryl Ridgley, EDC Member Ms. Ridgley spoke regarding tracking data of regional economic growth. Montana is high in entrepreneurism. She spoke regarding entrepreneurism in Bozeman. 0:49:27 Mayor Krauss Mayor Krauss spoke regarding metrics in the Rocky Mountain region. Bozeman is at the top of a number of them. It would be good if we added to them and went out and bragged about Bozeman. 0:51:36 Cr. Taylor Cr. Taylor spoke regarding the dashboard; is there a piece that we can use to evaluate what we are doing? He would like to see the City have our own dashboard someday. Will this be part of it? 0:53:13 Mr. Fontenot Mr. Fontenot stated that he hopes to integrate something like this. 0:53:41 Cr. Mehl 8 Minutes of the Bozeman City Commission Meeting, January 3, 2011 5 Cr. Mehl stated that there are two dashboards. One is for businesses and the other would be for internal use. 0:54:33 Cr. Becker Cr. Becker asked if there was discussion regarding the creation of an Economic Development Authority? 0:55:35 Mr. Fontenot Mr. Fontenot stated that it was discussed. 0:55:58 Cr. Becker Cr. Becker spoke regarding tying in to other goals. Were those specifically addressed? Did you look at other plans? 0:56:56 Mr. Fontenot Mr. Fontenot spoke regarding the Economic Development Plan. He didn't tweeze out parts of plans. We did not look at each plan specifically. It touches on them though. 0:57:57 Public Comment Mayor Krauss opened public comment. 0:58:08 Gary Gannon, Public Comment Mr. Gannon stated that he is an entrepreneur and business developer. He is a new resident. He works with a company to set up sustainable cities. He is setting up a couple of new companies in Montana. He was invited to this presentation. He spoke regarding quality of life and measuring social and environmental impacts. There is an opportunity to use the report card and dashboard. This fits into the Mayor's Climate Task Force. 1:01:25 Public Comment Closed Mayor Krauss closed public comment. 1:01:37 Motion to adopt the Economic Development Council's Priorities and Recommendations. It was moved by Cr. Mehl, seconded by Cr. Taylor to adopt the Economic Development Council's Priorities and Recommendations. 1:12:23 Mayor Krauss Mayor Krauss stated that quality of life starts with a job. This is important for the Town-Gown relationship. 9 Minutes of the Bozeman City Commission Meeting, January 3, 2011 6 1:22:26 Vote on the Motion to adopt the Economic Development Council's Priorities and Recommendations. Those voting Aye being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 1:23:28 2. Northeast Urban Renewal Board proposal to construct Class II Trails in Undeveloped Portions of North Church Avenue and East Aspen Street public right-of- ways, Sketch Plan Application No. Z-10295 (Thorpe) 1:23:52 Keri Thorpe, Assistant Planner Ms. Thorpe began the staff presentation and introduced Eric Nelson whom is the Northeast Urban Renewal Board Chair. 1:24:25 Eric Nelson, NURB Chair Mr. Nelson spoke regarding the Northeast Urban Renewal Board proposal to construct Class II Trails in Undeveloped Portions of North Church Avenue and East Aspen Street public right-of- ways, Sketch Plan Application No. Z-10295. He spoke regarding the scope of the project. They are proposing the construction of Class II trails in the Northeast Urban Renewal District. Class II trails receive heavy to moderate use and are ADA accessible. They are intended for multiple non-motorized, recreational and commuter use. Class II trails are constructed of natural fines and are 6 feet in width. The Northeast Urban Renewal Board (NURB) is proposing that trails be constructed in undeveloped portions of the public right-of- way, specifically two sections: 1) N. Church Avenue between Tamarack and Cottonwood Streets and 2) E. Aspen Street, between N. Wallace Avenue and Ida Avenue (across from the recently completed Depot Park). 1:31:47 Mr. Nelson Mr. Nelson spoke regarding parking impacts. These are not destination trails. 1:33:04 Ms. Thorpe Ms. Thorpe spoke regarding requirements for public noticing. 1:39:30 Public Comment Mayor Krauss opened public comment. 1:39:46 Velma L Mcmeekin, Public Comment 10 Minutes of the Bozeman City Commission Meeting, January 3, 2011 7 Ms. Mcmeekin of 425 E. Cottonwood St. stated that the improvement of the trail is not needed. She is not opposed to trails, she is opposed to the noticing that took place. She feels that this is a “piece mill” approach and urged the Commission to postpone a decision. 1:42:28 Cheryl Ott, Public Comment Ms. Ott of 717 North Church stated that she is opposed. They have taken care of the property for 35 years. She doesn't mind the trail but she does not want the gravel put in. 1:54:34 Ken Vandewalle, Public Comment Mr. Vandewalle of 408 North Plum spoke regarding the Depot Park and successful trails in town. He thanked the homeowners for taking care of the area. The creek is an asset to the community. 1:57:27 Gary Vodehnal, Public Comment Mr. Vodehnal spoke regarding the development of trails. He feels that the trail should be improved. It is a nice section of town. He spoke regarding maintenance. He spoke regarding improving other walkways that lead to the trail. It improves the walk-ability of this area. 2:02:45 Mr. Vodehnal Mr. Vodehnal spoke regarding partnership with Gallatin Valley Land Trust for maintenance of the trail. 2:03:58 Mr. Vodehnal Mr. Vodehnal spoke regarding spraying the area. 2:05:10 Public Comment closed Mayor Krauss closed public comment. 2:05:48 Ms. Thorpe Ms. Thorpe spoke regarding noticing requirements. 2:08:01 Mayor Krauss Mayor Krauss closed the public hearing. 2:08:14 Motion to approve Sketch Plan Application No. Z-10295 as conditioned by staff. 11 Minutes of the Bozeman City Commission Meeting, January 3, 2011 8 It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Sketch Plan Application No. Z-10295 as conditioned by staff. 2:09:37 Mayor Krauss Mayor Krauss spoke regarding natural fines trails. 2:24:11 Vote on the Motion to approve Sketch Plan Application No. Z-10295 as conditioned by staff. Those voting Aye being Crs. Taylor, Andrus, Becker and Mehl. Those voting No being Mayor Krauss. The motion passed 4-1. 2:24:30 3. Loyal Garden Lot 2-3, Block 1 Zone Map Amendment No. Z-10240, Opened and Continued from November 8, 2010 (Skelton) 2:25:07 Dave Skelton, Sr. City Planner Mr. Skelton gave the staff presentation regarding the Loyal Garden Lot 1, Block 1 Zone Map Amendment No. Z-10320. Betty Madill, on behalf of the Betty Madill Revocable Intervivous Trust of 403 Slough Creek Drive has made application to the Bozeman Planning Office to change a municipal zoning designation from “RO” (Residential Office District) to “B-2” (Community Business District) for the property in question subject to the contingencies listed in Zoning Commission Resolution #Z-10240. 2:31:35 Ben Loyd, Comma Q Architecture/ Applicant Representative Mr. Loyd apologized that they were not present at the prior meeting. 2:32:05 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:32:19 Motion that having heard and considered public comment, hereby adopt the findings presented in the staff report for Z-10240 and move to approve the zone map amendment requested in application Z-10240 authorizing a zone map amendment for the subject property from “RO” (Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” 12 Minutes of the Bozeman City Commission Meeting, January 3, 2011 9 It was moved by Cr. Andrus. seconded by Cr. Becker that having heard and considered public comment, hereby adopt the findings presented in the staff report for Z-10240 and move to approve the zone map amendment requested in application Z-10240 authorizing a zone map amendment for the subject property from “RO” (Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” 2:40:39 Amendment to the Main Motion to change the Zoning to B-1. It was moved by Cr. Mehl, seconded by Cr. Taylor to change the zoning to B-1. 2:40:51 Mayor Krauss Mayor Krauss spoke regarding the B-1 Zoning. 2:45:11 Mr. Skelton Mr. Skelton spoke regarding the differences between B-1 and B-2. 2:47:32 Mr. Sullivan Mr. Sullivan spoke regarding the Unified Development Ordinance related to the action of changing zoning. 2:49:51 Vote on the Amendment to the Main Motion to change the Zoning to B-1. Those voting Aye being none. Those voting No being Crs. Mehl, Taylor, Andrus, Becker and Mayor Krauss. The motion failed 0-5. 2:50:27 Vote on the Main Motion that having heard and considered public comment, hereby adopt the findings presented in the staff report for Z-10240 and move to approve the zone map amendment requested in application Z-10240 authorizing a zone map amendment for the subject property from “RO” (Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” Those voting Aye being Crs. Andrus, Becker, Mehl and Taylor. Those voting No being Mayor Krauss. The motion passed 4-1. 2:50:48 4. Loyal Garden Lot 1, Block 1 Zone Map Amendment No. Z-10320 (Skelton) 13 Minutes of the Bozeman City Commission Meeting, January 3, 2011 10 2:50:51 Dave Skelton, Sr. City Planner Mr. Skelton gave the staff presentation regarding Loyal Garden Lot 1, Block 1 Zone Map Amendment No. Z-10320.Covenant Homes, Inc., on behalf of R & S Supply, Inc., P.O. Box 990861, Redding, CA 96099 made application to the Bozeman Planning Office to change a municipal zoning designation from “RO” (Residential Office District) to “B-2” (Community Business District). 2:54:54 Applicant was present but opted to not speak. 2:55:00 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:55:04 Motion that having heard and considered public comment, hereby adopt the findings presented in the staff report for Z-10320 and move to approve the zone map amendment requested in application Z-10320 authorizing a zone map amendment for the subject property from “RO”(Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” It was moved by Cr. Becker, seconded by Cr. Mehl that having heard and considered public comment, hereby adopt the findings presented in the staff report for Z-10320 and move to approve the zone map amendment requested in application Z-10320 authorizing a zone map amendment for the subject property from “RO”(Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” 2:57:51 Vote on the Motion that having heard and considered public comment, hereby adopt the findings presented in the staff report for Z-10320 and move to approve the zone map amendment requested in application Z-10320 authorizing a zone map amendment for the subject property from “RO”(Residential Office District) to “B-2” (Community Business District) subject to the contingencies listed on page two of the Staff report.” Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:58:17 Break 14 Minutes of the Bozeman City Commission Meeting, January 3, 2011 11 3:19:26 Back to Order Mayor Krauss called the Meeting back to order. 3:19:35 5. Spring Creek Village Major Subdivision Pre-Application Plan Review No. P-10015 and Concept Planned Unit Development Plan Review No. Z-10290 (Skelton) 3:19:50 Dave Skelton, Sr. City Planner Mr. Skelton gave the staff presentation regarding the Spring Creek Village Major Subdivision Pre-Application Plan Review No. P-10015 and Concept Planned Unit Development Plan Review No. Z-10290. The Commission is being asked to acknowledge receipt of the Subdivision pre- application plan and concept PUD Review applications, provide comment and direction, and assist the applicant with identifying major issue with the proposal prior to making formal application. Staff identified 5 questions to be considered: 1. Does the proposal meet the intent of the UMU District? 2. Are the required residential components being met? 3. Do the proposed phasing and amenities associated with each phase make sense? 4. Is the proposed design and layout recognizing the surrounding streets and larger community? 5. Does the proposal appear to benefit the City as a whole and warrant the number of requested deviations and the granting of PUD approval (in which the PUD provisions are intended to result in a superior UMU project)? 3:52:19 Suspend Rules to 11 p.m. Mayor Krauss suspended the Rules to 11 p.m. 3:52:57 Mike Delaney, Applicant Mr. Delaney gave the applicant presentation of the project. 4:42:50 Cr. Mehl Cr. Mehl stated that he feels phases should be the same as the underlining zoning goal. He likes the changes in the map. He likes what Delaney is heading towards on Huffine. 4:45:27 Cr. Taylor Cr. Taylor the central attraction to him is the Town Square. He agrees with Cr. Mehl, regarding the UMO verticality and residential and the long range plan would be. He is not sure on the extended stay facilities. The invitation from Huffine matters to him. Regarding the linear park; he needs to think about it. 4:47:57 Cr. Taylor Cr. Taylor agrees with the Design Review Board on the bike lanes. 15 Minutes of the Bozeman City Commission Meeting, January 3, 2011 12 4:50:02 Cr. Taylor Cr. Taylor is intrigued by the putting range and the driving range. He has some concerns. 4:51:37 Cr. Andrus Cr. Andrus stated that she likes his prior projects. She wants to see a good faith effort to meet all the criteria in the UMU in phase 1 and then she may think about relaxing others. She likes the idea of the linear park. She spoke regarding the developing of building stories. 4:53:09 Cr. Becker Cr. Becker spoke regarding the prior quality of work by the applicant. He likes the revision. The transitions make sense. He agrees that there are opportunities for residential in the project. He spoke regarding the linear park. Regarding the affordable housing, look at coming back to the Commission to see how it can be met off site, and possibly the parks as well. He spoke regarding the bike lanes. 5:03:49 Rules Suspended to 11:30 p.m. Mayor Krauss suspended the rules to 11:30 p.m. 5:03:56 Mayor Krauss Mayor Krauss likes the changes made, but he does not think that we should be arguing about transportation pathways. He spoke regarding the residential component. He spoke regarding the Urban Mixed Use and the creation of a downtown. He does not feel that is meeting the intent of the UMU District. The design is ok. Discussion took place regarding the costs of water rights. 5:14:02 6. Temporary Funding for Warming Center, Winter 2011 (Mehl) 5:14:20 Cr. Mehl Cr. Mehl gave the presentation regarding Temporary Funding for Warming Center, Winter 2011. The Warming Center will provide a quick, temporary, and no-frills overnight shelter to address a humanitarian need during the next three winter months at a time of continued economic distress for many in our community. A previous shelter no longer accepts overnight stays, and the Warming Center is a practical, short-term action that can be taken at minimal cost. Bozeman residents and organizations actively are raising funds for this project, and a Warming Center this winter will help them gather the data necessary to plan for appropriate longer-term shelter offered by the community. 5:17:44 Heather Greiner, HRDC/Applicant Ms. Greiner stated that the warming center is a program of the HRDC in conjunction as a partnership with the Greater Gallatin Homeless Action Coalition. 16 Minutes of the Bozeman City Commission Meeting, January 3, 2011 13 5:30:24 Public Comment Mayor Krauss opened public comment. 5:30:42 Melissa Merideth, Public Comment Ms. Merideth stated that she was once homeless when her husband was discharged from active duty from the military and her family was helped by HRDC. 5:32:48 Ron Brey, Public Comment Mr. Brey of 4695 Consestoga Circle stated that he volunteered for this cause because of prior things that he heard from residents during his time working for the City. The people working on this are professional people. He spoke regarding community contributions. He recognized City Staff in their efforts. 5:36:18 Betsy DeLaris, Public Comment Ms. DeLaris of 4680 Johnson Road stated that she owns a house in the City limits. She spoke regarding quality of life. She spoke regarding volunteering. Quality of life is the core of this situation. She urged the Commission to commit. 5:39:45 Public Comment Closed Mayor Krauss closed public comment. 5:40:01 Motion to that the City allocate up to $6,000 towards the proposed project in collaboration with HRDC and others for a warming shelter under the terms and conditions in the paperwork in front of us. (This motion was later clarified and re-stated.) It was moved by Cr. Taylor, seconded by Cr. Andrus that the City allocate up to $6,000 towards the proposed project in collaboration with HRDC and others for a warming shelter under the terms and conditions in the paperwork in front of us. 5:56:11 Motion re-stated to authorize a contribution of $6,000 for a Warming Center for the winter of 2011 be made from the City's General Fund by the City Manager, drawing on current year vacancy savings or operating savings as the Manager sees fit in compliance with Resolution No. 3866 which governs grants of City Funds. It was moved by Cr. Taylor, seconded by Cr. Andrus to authorize a contribution of $6,000 for a Warming Center for the winter of 2011 be made from the City's General Fund by the City Manager, drawing on current year vacancy savings or operating savings as the Manager sees fit in compliance with Resolution No. 3866 which governs grants of City Funds. 17 Minutes of the Bozeman City Commission Meeting, January 3, 2011 14 5:57:01 Vote on the Motion to authorize a contribution of $6,000 for a Warming Center for the winter of 2011 be made from the City's General Fund by the City Manager, drawing on current year vacancy savings or operating savings as the Manager sees fit in compliance with Resolution No. 3866 which governs grants of City Funds. Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 5:57:43 9. (Re)Appointment to the Pedestrian and Traffic Safety Committee (Kissel) 5:57:47 Ralph Zimmer, Chairman of the Pedestrian and Traffic Safety Committee Mr. Zimmer of 2103 South Tracy spoke in support of the re-appointment of Gary Vodehnal. 5:59:42 Motion and Vote to re-appoint Gary Vodehnal to the Pedestrian and Traffic Safety Committee. It was moved by Cr. Becker seconded by Cr. Mehl to re-appoint Gary Vodehnal to the Pedestrian and Traffic Safety Committee. Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 5:59:57 The other board appointments that were listed on this agenda will be added to a future agenda. 5:59:58 K. Adjournment Mayor Krauss adjourned the meeting at 12:02 a.m. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk 18 Minutes of the Bozeman City Commission Meeting, January 3, 2011 15 PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________. 19