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Home My WebLink About01-27-2014 Minutes, City Commission '00 'let -V THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,January 27, 2014 Mayor - Jeff Krauss: Present Deputy or - Carson Taylor. Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner - I-1-Io Pomeroy: present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Marie Ulmen. A. 06:03:01 PM Call to Order—6 p.m. — Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:03 p.m. B. 06:03:09 PM Pledge of Allegiance and a Moment of Silence C. 06:04:00 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski mentioned the re-noticing of the Campus Crest Project and that there has been some talk about removing Consent Item No. S. =I 9 D. 06:04:58 PM Minutes--January 6, 2014 4--1 and January 13, 2014 4:3 06:05:20 PM Motion and Vote to approve the minutes of January 6th and 13th, 7014 as submitted Commissioner - I-Ho Pomeroy: Motion Depuil Mayor - Carson Tpylor:.2nd Mayer- Jeff Krauss: App.Love Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho PomeroyLA Tprove Page 1 of 14 Bozeman City Commission Minutes, January 27, 2014 E. 06:!05:49 PM Consent I Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize Mayor to sign a letter to the Supervisor of the Community Transportation Enhancement Program (CTEP) designating Robert J. Murray Jr, P.E. as the City's Environmental Certifying Official for the CTEP Sidewalk Project (Murray) 3. Appoint Deputy Mayor Taylor and Commissioner Andrus to review pledged securities as of December 31, 2013 (Rosenberry) !!L� 4. Approve applicants for Beer, Wine and Liquor License Renewals for 2014 (Rosenberry) 5. A-ppfeve Ca—k gr-eeraei4 with MenAana DepaAfnent o Tr-anspei4ation College Sul-eet frofn Main Street te 19th Aveiiee Pr-ejeet (Ke <� *Moved to Action Item 1. 6. Approve the Final Plat for the Legends at Bridger Creek 11, Phase 11 Major Subdivision, Application P13035 to subdivide 9.39 acres and authorize the Director of Public Works to execute the same upon approval by the City Attorney's Office (Krueger) 7. Approve Contract with Western Transportation Institute in the amount of $76,854.96 for preparation of an independent Transportation Impact Fee Study to consider Montana State University and surrounding areas (Saunders) 8. Approve Resolution 4501, annexing 4.02 acres and adjacent road right-of- ways, for a total of 6.14 acres, located south of Durston Road, east of Valley Drive and authorize Agreement for the Pine Meadows Annexation, ku Application A12007 (Riley) 9. Approve Resolution 4504, adopting the previously approved Oak Meadows growth policy, amending Figure 3-1 of the Bozeman Community Plan to change the Future Land Use Map designation from Residential to Community Commercial Mixed Use for 3.877 acres of property, Application P 13 025 (Rogers) 9.. �J 10. Approve Resolution 4505, appointing the Helena City Attorney to prosecute State v. Clark (TK 13 04638) in Bozeman Municipal Court (Sullivan) 11. Provisionally Adopt Ordinance 1879, designating an initial zoning of R-1 on the tract known as the Pine Meadows Zone Map Amendment in conjunction with annexation, located south of Durston Road, east of Valley Drive, Application Z12298 (Riley) 14 12. Provisionally Adopt Ordinance 1880, authorizing a 15-month ground lease with Bill Tatarka for the Mandeville Farm property for the purpose of Farming (Woolard) Page 2 of 14 Bozeman City Commission Minutes, January 27, 2014 06-06:02 PM Public Comment Mayor Krauss opened public comment on the Consent Agenda. No person commented. Mayor Krauss closed public comment. 06,06-17 PM Motion and Vote to approve Consent items E. 1-4 and 6-12 as submitted. Deputy Mayor- Carson Taylor: Motion Commissioner--- Cyndv Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Ta ylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- 1-Ho P'omeroyLApprove F. 06:06:39 PM Public Comment Michelle Grauby, Public Comment Ms. Grauby urged the Commission to adopt a Non-Discrimination Ordinance. RosemaU Freemyer,Public Comment Ms. Freemyer stated that she is on the local Parents, Families and Friends of Lesbians and Gays (PFLAG) Board and urged the Commission to adopt a Non-Discrimination Ordinance. Kendra Nevin, Public Comment Ms. Nevin urged the Commission to draft a Non-Discrimination Ordinance. She spoke regarding some concerns of the language and impacts to the Trans community. BrEce Ledhetter,Public Comment Mr. Ledbetter introduced himself and stated that he is an applicant for the Economic Development Committee. G. 06:17:34 PM Special Presentation—LED Street Light Pilot Project (Meyer) Natalie Meyer, Sustainability Coordinator, Dustin Johnson, Engineer and Chuck Winn, Assistant City Manager gave the Special Presentation regarding the LED Street Light Pilot Project. 06:34:45 PM Commission questions and discussion with Staff The Commission and Staff spoke regarding the coloring of the lighting and that there is some confusion with this. Mayor Krauss urged that Dr. Shaw, Director of Optical Technology at MSU be contacted to discuss this. The Commission would like some follow-up on the unmetered lights. The Commission agreed that the City should already be requiring LEDs in parking lots and in new subdivisions, The Commission urged staff to work with the Montana Department of Transportation(MDOT). Cr. Andrus stated that LED lights are being addressed in the Parking Garage. Cr. Taylor would like follow-up Page 3 of 14 Bozeman City Commission Minutes, January 27, 2014 by Staff about fixture conversions. Staff will return to the Commission at a future meeting addressing the suggestions received this evening. H. 06:43:34 PM Action Items 1 06:4342 PM (Consent Item 5.)Approve Construction Agreement with Montana Department of Transportation for the College Street from Main Street to 19"' Avenue Project (Kerr) Craig Woolard, Public Works Director began the staff presentation regarding (Consent Item 5.) Approval of a Construction Agreement with Montana Department of Transportation for the College Street from Main Street to 19"' Avenue Project. Rob Bukvich with MDOT stated that there are some things to work through. He then went through what the project will be. 06:49:20 PM Public Comment Mayor Krauss opened public comment on this item. Tony Wesfkood,Public Comment Mr. Westgood spoke regarding the lack of access to a number of businesses. Scott Levindoywski,Public Comment Mr. Levindowski represents First Interstate Bank and spoke regarding concerns of access. Daryl Schliem,Public Comment Mr. Schliern hopes that MDOT works with our business organizations. 06:56:07 PM Public Comment Closed Mayor Krauss closed public comment. 06:56:17 PM Greg Sullivan, City Attorney Mr. Sullivan urged the Commission to not take action until he can work with MDOT. 06:5730 PM Commission questions and discussions The Commission discussed that this is a major commute route,that the corner needs to be looked at more and that there is a desire to look at the design more before the contract is signed. Mr. Woolard spoke regarding the prior public outreach processes and that the design is ready to bid. Mr. Bukvich representing the Montana Department of Transportation (MDOT) stated that MDOT is happy to show the plan to the Commission at a future meeting. Staff will come back in a couple of weeks to have the contract approved understanding that the Commission would like a presentation on the design before doing so. Page 4 of 14 Bozeman City Commission Minutes, January 27, 2014 117:t19:38 PM Motion and Vote to tahle this matter. Duty Mayor- Carson. Taylor. Motion Commissioner- Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson.ja, Ior:�Aq) i _�ove Commissioner - Chris Mehl: Approvg Commissioner _ Cynthia:ynthia Andrus. A TV rove — Commissioner- 1-Ho Pomeroy,Approve A c � 107:10:54 P'M Break Mayor Krauss declared a break. 2. 07:20:34 PM The Oak Meadows Zone Map Amendment to rezone 3.877 acres of existing R-4 (Residential High Density District) to B-2 (Comm-unity Business District), generally located south of Oak Street between 12th and 14th Avenues, Application 213175 (Rogers) 07:201:54 PM Staff Presentation Staff Planner, Tom Rogers gave the staff presentation for the Oak Meadows Zone Map Amendment to rezone 3.877 acres of existing P-4 (Residential High Density District) to B-2 (Community Business District), generally located south of Oak Street between 12th and 14th Avenues, Application 21 3175. 07:28:11 PM Commission questions for Staff No questions for staff, 1)7:28.21 PM Applicant Presentation The Applicant gave the presentation regarding The Oak Meadows Zone Map Amendment to rezone 3.877 acres of existing R-4 (Residential High Density District) to B-2 (Community Business District), generally located south of Oak Street between 12th and 14th Avenues, Application Z 13175. 07:28:52 PM Questions for Applicant The Commission and Applicant discussed the zoning designation, building size and overall growth of the property. 07:30:21 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. �07:30:33 PM Motion that having reviewed the application materials, considered public comment, and all of the information presented,I herehy adopt the findings presented in the staff report for application 213175 and Zoning Commission Resolution Z13175, Page 5 of 14 Bozeman City Commission Minutes, January 27, 2014 and move to approve the rezoning with contingencies outlined in the staff report, and direct staff to prepare the required implementing ordinance. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2,d 07:3112 PM Commission discussion on the Motion, 07:32:27 PM Vote on the Motion that having reviewed the application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application 213175 and Zoning Commission Resolution Z131 75, and move to approve the rezoning with contingencies outlined in the staff report, and direct staff to prepare the required implementing ordinance. Commissioner - Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: A. rove Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- 1-110 Pomeroy: Approve 3. 07:32:47 PM Hanson Annexation and Zone Map Amendment for the annexation and establishment of an initial zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933 acres at 9_ 4949 Durston Road, Applications Al 3003 and 21 3240 (Rogers) <D 07:33:22 PM Staff Presentation Staff Planner, Tom Rogers gave the Staff Presentation regarding the Hanson Annexation and Zone Map Amendment for the annexation and establishment of an initial zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933 acres at 4949 Durston Road, Applications Al 3003 and 21 3240. 07:39:54 PM Commission questions for Staff 07:40:44 PM Applicant Presentation The Applicant representative gave the applicant presentation regarding the Hanson Annexation and Zone Map Amendment for the annexation and establishment of an initial zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933 acres at 4949 Durston Road, Applications A13003 and 213240. 07:42:13 PM Commission questions for the Applicant 07:42:34 PM Public Comment Mayor Krauss opened public comment. No person commented. Page 6 of 14 Bozeman City Commission Minutes, January 27, 2014 Mayor Krauss closed public comment. 07:42:40 P,M Motion that having reviewed the staff report, application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff reportfor application A13003 and move to approve the Hanson Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement Commissioner- Chris Mehl: Motion Commissioner - 1-Ho Pomeroy: 2nd 0�7:43:14 PM Commission discussion on the Motion 07:44:54 PM Vote on the Motion that having reviewed the staff report, application materials, considered public comment, and all of the information presented,I hereby adopt the findings presented in the staff report for application A13003 and move to approve the Hanson Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement Commissioner - Chris Mehl: Motion Commissioner - I-Ho PomeroyL. 2nd Mayor - Jeff Krauss: A- �rove Dei)utv Ma or - Carson Taylor. Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho PomerpyL. Approve — 07:45:22 PM Staff Presentation Staff Planner'Tom Rogers gave the Staff Presentation regarding the Hanson Annexation and Zone Map Amendment for the annexation and establishment of an initial zoning designation of R-2 (Residential Two-Household Medium Density District) on 6.1933 acres at 4949 Durston Road, Applications A13003 and 213240. 07:50:15 PM Commission questions for Staff The Commission and Staff discussed Municipal water and sewer system requirements. 07:52:41 PM Applicant Presentation The applicant representative was available for questions. 07:54:27 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 07:54.38 PM Motion that having reviewed the staff report, the application materials, considered public comment, and all of the information presented,I hereby adopt the Page 7 of 14 Bozeman City Commission Minutes, January 27, 2014 findings presented in the staff report for application 213240 and move to approve the Hanson Zone Map Amendment with staff contingencies. Commissioner - Chris Mehl: Motion Commissioner - 1-Ho Pomeroy;_2W 07:55:03 PM Commission discussion on the Motion The Commission expressed their appreciation to staff on the memo format of this application. 08:02:41. PM Vote on the Motion that having reviewed the staff report, the application materials, considered puhlic comment, and all of the information presented,I herehy adopt the findings presented in the staff report for application 213240 and move to approve the Hanson Zone Map Amendment with staff contingencies. Commissioner- Chris Mehl: Motion Commissioner- I-Ilo Pomeroy: 2nd Mayor - Jeff KrausL. Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Ap move _ Commissioner - 1-1--lo Pomeroy--Approve 4, 08:03:07 PM Safeway Preliminary Conditional Use Permit and Certificate of Appropriateness application to allow the demolition of the existing casino,the construction of six fuel islands including 12 fuel dispensers with canopy and a kiosk on one lot, the construction of a retail tenant space sharing a zero lot line common wall and parking on a second lot located at the northeast comer of North 19th Avenue and West Main Street, Application 213272 (,Quasi,-,Iudichi4) (Krueger) 7-—IP 08:03:49 PM Staff Presentation Staff Planner, Brian Krueger gave the staff presentation regarding the-Safeway Preliminary Conditional Use Permit and Certificate of Appropriateness application to allow the demolition of the existing casino, the construction of six fuel islands including 12 fuel dispensers with canopy and a kiosk on one lot,the construction of a retail tenant space sharing a zero lot line common wall and parking on a second lot located at the northeast comer of North 19th Avenue and West Main Street, Application 213272 08:12:59 PM Commission questions for Staff The Commission discussed with Staff signage and landscaping requirements. 08:21:45 PM Applicant Presentation The Applicant gave the presentation for the Safeway Preliminary Conditional Use Permit and Certificate of Appropriateness application to allow the demolition of the existing casino, the construction of six fuel islands including 12 fuel dispensers with canopy and a Page 8 of 44 Bozeman City Commission Minutes, January 27, 2014 kiosk on one lot, the construction of a retail tenant space sharing a zero lot line common wall and parking on a second lot located at the northeast comer of North 19th Avenue and West Main Street, Application 213272. 08:26:18 PM Staff questions for Applicant 08:27:31 PM Public Comment Mayor Krauss opened public comment. No person commented, Mayor Krauss closed public comment. 08:27:40 PM Motion that Having reviewed the application materials, considered public comment, and all of the information presented, I hereby adopt the findings presented in the staff reportfor application 213272 and move to approve the conditional use permit with certificate of appropriateness with conditions and subject to all applicable codeprovisions. Commissioner- I-Flo Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 08:28:28 PM Commission discussion on the Motion 08:31:58 PM Vote on the Motion that having reviewed the application materials, considered public comment, and all of the information presented,I hereby adopt the findings presented in the staff report for application.213272 and move to approve the conditional use permit with certificate of appropriateness with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor- Jeff Krauss: Appro�ve Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ilo Pomeroy: Approve 5. 08:32:20 PM Appointment to the Bozeman Area Bicycle Advisory Board (Brunckhorst) 08:32:25 PM Motion and Vote to appoint Jessie May. Campbell to the Bozeman Area Bicycle Advisory Board. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deuutv Mayor- Carson Tavlor, Approve Page 9 of 14 Bozeman City Commission Minutes, January 27, 2014 Commissioner- Chris Mehl. Approve Commissioner- Cynthia Andrus: Approve Commissioner- 14 lo PomeroyLApprove 6. 08:32:57 PM (Re)Appointments to the Cemetery Advisory Board (Brunckhorst) L7,-<= 0 :32:58 PM Motion and Vote to appointAnn Bertagnolli to the Cemetery Advisory Board. Commissioner - Cynthia Andrus,: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: ApTrove Commissioner - Cynthia Andrus: Approve Commissioner - 1-1-lo Pomeroy. Approve ➢8:33:40 PM Motion and Vote to reappoint Katherine Bull, Lynn Flansaas and Russ Tuckerman to the Cemetery Advisory board Commissioner - Cynthia Andrqs: Motion Deputy Mayor - Carson'Faylor: 2nd Mqyor - Jeff KrauaL. Approve Deputy Mayor - Carson Tavlor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner - 1-1-10 Pomeroy- Approve T 08:43:19 PM Reappointments to the City Planning Board (Brunckhorst) '1.0 08:43:28 PM Motion and Vote to confirm the Mayor's re-appointment of Erik Garberg to the City Planning Board. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss:_Approve Deputy Mayor - Carson Taylor: AnpMvLe Commissioner - Chris Mehl: A Commissioner - Cynthia AndruLs, Approve Commissioner - 1-Flo Pomeroy: Approve Page 10 of 14 Bozeman City Commission Minutes, January 27, 2014 08:43.58 PM Motion and Vote to appoint Paul Neubauer to the City Planning Board Deputy Mayor - Carson Taylor: Motion Commissioner - C nthia Andrus, 2nd MUPL- Jeff KJ nose: Approve Deputy Mayor- Carson Tqylon Approve Commissioner - Chris Mehl: A j2prove Commissioner - Cynthia Andrus: .Approve Commissioner - 1-110 Porqeroy: Aro�ve 8. 08:34:22 PM (Re)Appointments to the Economic Development Council (Brunckhorst) 08:34:58 PM Commission Discussion Mayor Krauss would like the Commission to consider Becky Mohuren who is the Technology Transfer Office at MSU as a member and also consideration of an ex-officio member on this board. He suggested that former Mayor Becker be considered, 08:36:59 PM Motion and Vote to reappoint Daryl Schliem and appoint new member Bryce Ledbetter to the Economic Development CounciL Commissioner- Chris, Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson I a rlor. Al rove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrqs,-. Arooye Commissioner - I-Ho PomeroyLApproyp 08:37:43 PM Ex-officio Member Mayor Krauss would like to appoint former Mayor Becker as the Ex-officio member to this Board. City Attorney, Greg Sullivan stated that this is not a reoccurring position and that it would be on an ad-hoc basis. 08:38:51 PM Motion and Vote to confirm the Mayor's appointment offormer Mayor Becker as the ex officio member on the Economic Development Council Commissioner - Chris Mehl: Motion. Commissioner - I-Ho Pome:royLZnd Mayor- Jeff Krauss: A Demly Mayor - Carson. Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus, Approve Page 11 of 14 Bozeman City Commission Minutes, January 27, 2014 Commissioner - 1-1-10 Pomeroy: Approve 9. 08:39:43 PM Reappointment to the North Seventh Urban Renewal Board (Brunckhorst) 4D 0 :39:54 P M Motion and Vote to confirm the Mayoral reappointment of Scott Hedglin to the North Seventh Urban Renewal Board. Dep,qty Mayor- Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy M"or.,-_Carson jaylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - 1-14o, Pomeroy: Approve 10, 08:41:01 PM (Re)Appointments to the Recreation and Parks Advisory Board (Brunckho,rst) """C' 08:41:02 PM Motion and Vote to Re-appoint Richard Shanahan and Robert Wade to the Recreation and Parks Advisory Board. Deputy Mayor- Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Kiqus_ .�A�rove Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - 1-1 lo Pomeroy: Approy 08:41:23 P'M Motion and Vote to appoint Jenna Pinto to the Student position on the Recreation and Parks Advisory Board. Deputy Mayor- Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd Mayor- Jeff Kiauss�:_Arove DQpt ILallor. A rove Commissioner - Chris Mehl- Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ijo Pomeroy: Approve Page 12 of 14 Bozeman City Commission Minutes, January 27, 2014 08:42:3 8 PM Motion and Vote to appoint Monica Skinner Rodriguez to an At-Large Position on the Recreation and Parks Advisory Board. Deputy Mayor- Carson Taylor: Motion Commissioner - Qyi1tfia Andrus: 2nd. Mayor - Jeff Krauss: Ap-orove DCDUt`V Mayor - Carson TaylorrApprove Commissioner- Chris Mehl: Approve _ Commissioner - Cynthia Andrus: Approve Commissioner- J-Ho Pomeroy. A Tntqyc 08:42:56 PM Motion and Vote to appoint Brian Close to an At-Large Position on the Recreation and Parks Advisory Board. Depuly MLayor - Carson Ta ylor: Motion Commissioner- CyDthia Andrus: 2nd Mayor- Jeff Krauss: Qisap rove Deputy Mayor - Carson Ta ylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-1-Ho Pomeroy: No move I. 09:44:39 PM FYI/Discussion 08:47:43 PM Brewery Wall Mr. Kukulski stated that the Chief Building Official notified the property owner that they need to do an analysis of the wall. The Engineering report states it needs to be secured. A 2 week deadline for property owner to tell City what they are going to do with it has been set. J. 08:49:28 PM Adjournment Mayor Krauss adjourned the meeting at 8:50 p.m. .. .. .. Je ra ads, Mayor or ATTIC an Sta to !k � q-"Ci Clerk l ;"C i' Page 13 of 14 Bozeman City.Commission Minutes, January 27, 2014 PRE '1 B Stacy;.' 1nm ri, ity Clerk- Approved Page 14 of 14