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1A. Council Minutes - Regular Meeting December 21, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 21, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AC,FNDA APPROVAL Haarr moved approval of the agenda as presented. The motion was seconded by Scarff. There was discussion. Atkinson moved to amend the Agenda by moving #16 (City Manager Selection) to #3. The motion was seconded by Larson. There was discussion. Donahue said he doesn't have any objection with moving the Agenda Item, but by doing so, it would create an embarrassing situation for Nystul. Nystul said it appears the Council has not completed the process and is not ready to take action on the issue. He said as a question of procedure he wonders whether it should be on the Agenda at all. Neier stated if the Council is planning on further discussion, then it shouldn't be on the agenda. He said he understood the Council wanted to vote on an offer. Boharski commented the Council needs to make a decision. The amendment failed upon roll call vote with Atkinson, Larson and van Natta voting in favor, and Donahue, Graves, Haarr, Scarff and Boharski voting against. Nystul abstained. van Natta said he would like to add the COPS Grant to the Consent Agenda if Neier needs authority to move ahead with it. Neier said the grant allows for the immediate hiring of two officers with the City paying twenty five percent of their salaries. He said the positions were approved during the budget process and Police Chief Frank Garner would like to get started with the hiring immediately. Neier said he would like a general consensus from the Council approving the two officers now, and an additional officer from another grant in the near future. Approval was given. 2 The main motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting December 7, 1998 B. Approval of Claims per Payables Register- $375,998.10 Van Natta moved approval of the Consent Agenda as presented. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Art Thompson, Lakeside, Airport Advisory Board Member, reported that a request is before the City-Coum ty Planning Board to rezone a portion of the Daley Field property on the east side of the City Airport from P-1 to B-2. He said the change, if passed, threatens to block any possibility of the Airport meeting FAA standards by allowing buildings to be constructed =o the edge of the runway. Neier said height restrictions located adjacent to the Airport was discussed thoroughly prior to the C-=y entering into a contract with RSI, Rosauers Supermarkets, Inc. He said the contract states "that based upon the current information available to the parties, the elevation of the building at twenty feet west of the setback to be constructed pursuant to this agreement shall not exceed 5,957.82 feet above sea level and the elevation_ at a point not less than 21 feet east of the westerly setback line, shall not exceed 2,960.82 feet above sea level." Neier said the reason the contract was worded as such was to assure that any construction conforms to FAA requirements. He said the request fc= the zone change is part of the contractual obligation because at the time the property was purchased by Rosauers, everyone understood it to be zoned B-2. Neier stated when it was discovered eighty feet is listed as P-1, steps were taken to rectify the problem. Dan Johns, 260 North Riding Road, asked the Council to pass Resolution 4430, a request to purchase irrigation equipment for the soccer fields at the Youth Athletic Complex. Fred Hammel, 505 7-' Avenue West, in referring to the City Manager Selection, said he would like to see a Manager that can live within a budget. Andrew Farris, 168 Holt Stage, said he wants to develop a low income housing project on East Reserve Drive and asked the Council to approve his request to connect the subdivision to the Evergreen Sewer and Water District's sewage collection system for treatment by the City of Kalispell. 3 Stan Pine, 201 Lakeshore Drive, asked the Council to approve Ordinance 1298, an ordinance changing the zone from RA-1 to RA-3 on property near the intersection of U.S. Highway 93 North and Indian Trail. Tom Marks, 401 Sylvan Drive, said he's concerned about the request from Cra-Lon Corporation for an apartment complex. He asked the Council to keep the area zoned as single family. Delores Swanberg, Outgoing President of the Northwest Montana Historical Society, told the Council the Central School renovation is complete and invited all members to see how beautiful it is. Ann Ingram, 607 Sylvan Court, protested Cra-Lon's proposal stating the proposed apartment complex will increase traffic and water problems. She asked the Council to keep the area as single family. Robert Tate, 200 Zimmerman Road, suggested a thorough study be done of the area Cra-Lon plans on filling to see if it should be declared a wetland. Dave Lawrence, 184 Lawrence Lane, said he's also concerned about the fill, stating the water, with no other place to go, would more than likely flood his property. Floyd Pauli, 404 Sylvan Drive, also stated he would like to see the zoning in the Cra-Lon proposal remain single family. ORDINANCE 1296 _ ZONING TEXT_ AMENDMENT _2ND_READING Bob Cook has requested Section 27.22.020 (3)(a) of the Kalispell Zoning Ordinance be changed to allow the location of residential garages in the front yard when the lot does not abut an alley. The Kalispell City -County Planning Board and Zoning Commission considered the request on November 10- and has recommended adoption of the amendment. After discussion at the December 7 meeting, the Council adopted the 15-' reading of Ordinance 1296. Haarr moved the second reading of ordinance 1296, an ordinance amending Sections 27.22.030(3)(a) of the Kalispell Zoning ordinance, (ordinance No. 1175), by allowing residential garages to be located in front yards on lots that do not abut an alley, and declaring an effective date. The motion was seconded by Graves. There was discussion. Atkinson stated he still opposes the ordinance which he feels "continues the antiquated look at how to develop a community.° Donahue expressed concern that the way the ordinance is written a garage can be built right up to the sidewalk. Neier stated the building would still have to meet setback regulations. 4 Donahue said for clarification, he would move to amend the ordinance by adding in Section I, following "shall be located in any front yard," the words, "provided however, that a garage may not encroach into the setback areas applicable to the residence." The motion was seconded by Nystul. There was discussion. Haarr said he feels the amendment is redundant because it's already covered in other ordinances and may actually add confusion. Larson asked if the amendment would require a third reading of the Ordinance. Neier answered the amendment would not be a substantive change and therefore wouldn't need an additional reading. The amendment carried upon vote with Haarr and Boharski voting against. The main motion as amended carried upon roll call vote with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor and Atkinson voting against. RR90LIlTION 4440 - CRA - L.ON ADDITION - ExATION Neier explained that Cra-Lon Corporation has requested annexation of a tract of land located near the corner of Sylvan Drive and College Avenue. He said all City services, sewer, water, etc. are available within the right-of-way abutting the property and the proposed annexation lies within and conforms to the Kalispell City - County Master Plan. Donahue moved Resolution 4440, a resolution annexing certain real property to the City of Kalispell, said territory being approximately 0.543 acres of the Northwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be described as Cra-Lon Addition No. 287. The motion was seconded by Scarff. There was discussion and Steve Kountz of FRDO answered questions. Nystul clarified that Lots 1 & 2 of the proposed subdivision are already in the City limits and are zoned RA-1. He said the annexation request before the Council involves the proposed Lots 3 & 4 and asked Kountz if the City is allowed to annex a wetland, if the area is declared such. Kountz answered it wouldn't have any effect on the annexation. Atkinson said he's concerned with the fill proposed for Lot 4 and asked if there is something the Council could do to require thath Lots 3 & 4 be combined. 5 Larson stated condition number 4 from FRDO states "A qualified engineer, hydrologist or agency shall delineate any part of the site which qualifies as a wetland.... and designated as a drainage easement ... and if lot 4 does not contain a 40' x 40' building site outside of such drainage easement and required zoning setback, then lots 3 and 4 shall be combined into one lot." Kountz said there's still a certain amount of uncertainty because not all wetlands are "jurisdictional" wetlands. He said there is still a lot of research to be completed and the Council will have a lot more information prior to being asked to approve the Final Plat. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, van Natta and Boharski voting in favor. RESOLUTION 4441 - C'RA- .ON PRELIMINARY PLAT Resolution 4441 would allow Cra-Lon 7:c proceed toward final subdivision of the property, subject =c nine conditions. Scarff moved Resolution 4441, a resolution approving the Preliminary Plat of Cra-Lon Addition, Flathead County, Montana. The motion was seconded by Graves. There was discussion. Donahue said condition 2A requires sidewalks which he feels would be an imposition since there are no other sidewalks in the area. Jean Johnson, Stokes & Associates, representing Cra-Lon Corporation, stated the developers would be willing to waive the right of protest to future improvements. Boharski commented he doesn't feel waiving right of protest will make any difference under CI-75 and sometime in the future this road will probably be improved. He asked if there is any way to collect payment in lieu for the project cost later. Public works Director Jim Hansz stated there's actually nothing in place at the moment for fees in lieu, but it would be a good idea to develop a way to collect money up front which would then be put into the General Fund for these kind of improvements. Donahue moved to amend condition number 2A by changing the wording to read, "City will waive requirement of street improvements including curb, gutter, and detached sidewalk in lieu of waiver of right to protest installation of curb, gutter, and detached sidewalk." The motion was seconded by Nystul. There was discussion. Atkinson spoke against the amendment stating he's never trusted waivers of right to protest since the "Evergreen debacle." He said to get sidewalks and gutters, you have to start somewhere and encouraged the Council to start getting those curbs, gutters and sidewalks where and when you can. Boharski said he understands that without rebuilding that road, there is no way to put in the curbs and gutters right now. The amendment carried upon vote with Atkinson voting against. There was further discussion. Scarff asked Johnson if it's the developers intention to build a multi -family dwelling on Lot 4 and how much fill would be required. Johnson answered the developers have agreed to the single family designation. He said even if a 40' x 40, square structure was built, it would only require a 10-foot fill of an existing slope. Haarr commented any infringement on that drainage means the water will have to go somewhere. He said it still amazes him that people continue to build in areas that are subject to flooding. The main motion as amended carried upon roll call vote with Donahue, Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in favor, and Atkinson and Graves voting against. ORDINANCE 1297 - CRA-LON ZONING - R-3 1ST READING Cra-Lon corporation asked for a zoning designation of Low Density Residential Apartment, RA-1. The Kalispell City County Planning Board and Zoning Commission has recoma-nended Single Family Residential, R-3. Van Natta moved Ordinance 1297, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as a tract of land in the Northwest Quarter Northeast Quarter and in the Northeast Quarter Northwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County (previously zoned City R-2, One Family Limited Residential) to R-3 (Single Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Larson. There was discussion. Larson pointed out the heading should read "previously zoned County R-2," not City R-2. Neier noted the change. 7 Scarff reiterated that by passing this ordinance, Lots 3 and 4, if Lot 4 is buildable, would remain single family. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1298 - STANLEY PINE ZONE CHANCE RA-1 TO RA-3 - 1ST READING Stanley Pine made an application to re -zone property located near the intersection of U.S. #93 North and Indian Trail from Low Density Residential Apartment, RA to Residential Apartment Office, RA-3. The site is generally adjacent to single family residences on the North, East and West, and borders the Buffalo Commons "common area" to the South. The Kalispell City -County Planning Board and Zoning Commisslon has unanimous_y recommended the zcne change. Scarff moved Ordinance 1298, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit "A" (previously zoned City RA-1, Low Density Residential Apartment) to RA-3 (Residential Apartment/office), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Atkinson. There was discussion. Nystul said the neighbors were concerned about the increase in traffic with the RA-3 zoning, versus the RA-1 zoning. He asked Kountz if an RA-3 generally cause more intrusion than an RA-1, or does it vary equally with the permitted uses. Kountz said the RA-3 designation would normally increase the amount of vehicles on a road, however with a medical office, it can vary significantly. Atkinson commented a good community has multiple uses and this is an opportunity to give people a chance to work within walking distance from where they live. The motion carried upon roll call vote with Atkinson, Donahue, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Graves* and Nystul voting against. RESOLUTION 4439 - BUDGET TRANSFER - YOUTH A'T_H1`FTTC COMPLEX Boharski said the resolution would provide authority to spend approxr._ately fifteen thousand do Lars to purchase irrigation equipment for the Soccer fields at the You?:h Athletic Complex. Van Natta moved Resolution 4439, a resolution to approve a transfer among appropriations within a general classification of 1.1 expenditures as adopted by the City of Kalispell Budget for 1999 Fiscal Year. The motion was seconded by Larson. There was discussion. Nystul said he's concerned that if the Council authorizes the fourteen thousand dollar expenditure for irrigation equipment, it won't have the - twenty thousand dollars needed to pave Four Mile Drive, which is a requirement under the State Lands Lease. Parks Director Mike Baker said the paving will have to be looked at during the next Budget session. He said the City has about nine months to determine where the money will come from to complete Four Mile Drive and he hopes by sitting down with Kidsports, a solution can be found. Haarr said he`s also concerned about the expenditure and wonders where the paving funds will come from. He said he agrees with Nystul that it would be a lot easier to raise money for irrigation equipment than for asphalt. Haar.- added the further extension of Four Mile Drive is an absolute necessity and Baker will probably be asked during the next Budget session if he has the extra money to finish the road. Baker said it's been the Parks Department's contention that the road should have been paved with Gas Tax Funding to begin with and not from the construction budget for the ball fields. Haarr commented the County should be asked to contribute because he thinks its "ludicrous" the County doesn't share in some of the costs, especially the road. Donahue stated this project keeps growing and sooner or later it has -to stop. Boharski agreed. He said just because the construction costs were lower than anticipated, it doesn't mean the extra money should be spent, especially since the City has other contractual commitments. The motion carried upon roll call vote with Atkinson, Larson, Nystul, Scarff and van Natta voting in favor, and Donahue, Graves, Haarr and Boharski voting against. QPSAND ADDITIaN - FINAL PLAT in February, --996 the City Council condi`ionally approved the Preliminary P_at of Lot 1, Opsand=Iddition. Opsand Addition is located near .he intersection of Garland and Three Mile Drive. Neier explained all conditions req-,:ired in the Preliminary Plat have been met. Larson moved approval of the Final Plat for the Amended Plat of Lot 1, Opsand Addition ##107. The motion was seconded by van Natta. There was no discussion. The motion carried unanimously upon vote. Andrew Farris has requested permission to connect a 47 single family lot subdivision to the Evergreen Sewer and Water District's sewage collection system for treatment by the City of Kalispell. The property proposed to be connected to the sewer is north of East Reserve Drive. Neier stated under the City's Interlocal Agreement with Evergreen, no connections outside the District's boundaries may be made without City consent. He said the property is located several miles from the City limits and outside the service area boundaries of the City's facility plan. Atkinson moved the City Council deny the Farris request for sewer service via the Evergreen System. The motion was seconded by Graves. There was discussion. Boharski said he feels Farris has a wonderful project, but at the last work session, Hansz pointed out the City is looking at approximately 240,000 gallons of usage at the Wastewater Treatment Plant before expansion has to be done. He said with the amount of activity that's anticipated to occur near the City in the future, the Treatment Plant will most likely be reaching its capacity sooner than expected. Because of that, Boharski said he can't support the Farris addition at this time. Nystul said recently a similar request was considered and he remembers the Council asking the Staff to prepare a policy statement concerning requests such as this. He said members determined at the workshop that the City needs more density closer in, which makes sense, but there still needs to be a written policy to provide consistency. Haarr agreed the City needs a policy, but stated the Council needs to think of the entire valley, not just the people of Kalispell. Haarr said he missed the work session, but if the Evergreen Sewer District has agreed to the hook-up, why should the Council disagree. Hansz explained because the project is outside the boundary of the Evergreen District, it would not go against the Evergreen allocation, it would go against whatever capacity remains of the City's remaining portion. Haarr said he still feels it's ridiculous that the City allows subdivisions, that can get sewer service, to continue to have septic systems. He said the answer may be the creation of a larger sewer district that involves the entire County. 10 Larson agreed, stating that for the future of our community and the availability of affordable housing, members should vote in favor of the hook-up. Scarff- said he understood that a portion of the project was located within the Evergreen District. Hansz answered a very small portion of the parcel is within the boundary, but the Evergreen District still looks at the project as a whole as outside. Atkinson said he's in favor of more affordable housing, but feels it would create an additional burden on City taxpayers to have a precedent set by allowing the hook-up. Donahue said the Council's primary duty is to the residents and taxpayers of Kalispell. He said he wishes Farris well, but the project is so far from the City there is no possibility it will ever be annexed. Donahue added the reason the City hasn't grown faster than it has is because it's given too much sewer and water service outside Kalispell. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Nystul, Van Natta and Boharski voting in favor, and Haarr, Larson and Scarff voting against. Al RTTY TO BID - CENTRAL S -HOO . LANDS APING, DRAINAGE AND PARKING LOT At the last Council workshop, Susan Moyer, PECDD, informed the Council that she had received pans and specifications from SiteScape and Associates for the construction of a parking lot with amenities on the North Parking Lot of Central School. The estimated cost was $53,0-00.00. - Larson moved the Council grant the authority to bid the North Parking Lot of Central School. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. AWARD BID - AMBULANCE The City Ambulance Department recently received bids for a new module ambulance. Braun Northwest, --nc. was the lowest bidder with a bid of $63,908.00. The Fire Chief has-recormnended awarding the bid to Braun. Larson moved the Council accept the bid from Braun Northwest, Inc. in the amount of $63,908.00 to purchase a new ambulance. The motion was seconded by Graves. There was discussion. 11 Donahue asked how many ambulances the Department will have now. Fire Chief Ted Waggener said even with the purchase of -he new ambulance there will still only be four in service. He said the Department hopes to take the oldest one and make a rescue rig out of it. The motion carried unanimously upon vote. AWARD BID - LOADER BA -RHO Several weeks ago the City received bids for a backhoe for the Sanitary Sewer Division. Long Machinery was the iow bidder with a CAT 416 at $51,806.00. Graves moved to enter into a contract with Long Machinery for the backhoe in the amount of $51,806.00, plus the optional equipment in the amount of $3,208.30 for a total of $55,014.30. The motion was seconded by Scarff. There waS no discussion. The motion carried unanimously upon vote. APPOINTMENT - CONR AST MANSION BOARD Boharski recommended Gayle Vidal be reappointed to the Mansion Board. Donahue moved the Mayor's recommendation be accepted and Gayle Vidal by reappointed to the Conrad Mansion Board. The motion was seconded by Haarr. There was discussion. Donahue commented Vidal has been a member of the Board for many years and has been very valuable. The motion carried unanimously upon vote. APPOINTMENT - CITY- COUNTY PLANNING BOARD Boharski explained four applications were received for two positions on the Board. He said for the first position he's recommending the reappointment of Jean Johnson. Nystul moved the reappointment of Jean Johnson to the City -County Planning Board. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. Boharski recommended the second position be given to Don Mann. 12 Haarr moved approval of the Mayor's recommendation to appoint Don Mann to the City -County Planning Board. The motion was seconded by Nystul. There —was no discussion. The motion carried unanimously upon vote. C-OUNCIL COMMENTSJINFORMATION/gUESTIONS Nystul commended the Police Department on it's Public Service Announcements to help inform drivers of the laws. He said in addition, he heard comments at an accident recently how quickly the Fire Department and Police Department responded. Scarff said that students involved in the Youth Leadership Program recently visited City Hall and met with Council members and he was extremely impressed with their questions and knowledge of politics. x Atkinson, referring to a recent letter from Valley Bank's attorney, said he was unaware that Valley Bank did not want to sell its parking lot back to the City and asked Neier what happens now. Neier said several points made in the letter are accurate and barring any unforeseen circumstances, the property will remain in the possession of Valley Bank. Donahue said he understands the main concern from Bank officials is that the lot will remain for parking. He suggested Neier propose a clause in a deed that would keep that property for parking for ten years or so. Council agreed. Graves commented the County has purchased most of the block south of the Justice Center for future development and he feels the City should emulate the County by buying property close to City Hall for future expansion and parking. Donahue suggested the City Manager get specifics from the FAA on whether the City's ordinance concerning the airport is compatible with their regulations and standards for developing the airport. Van Natta agreed, saying the City should know exactly where it stands. 13 Haarr wished the Staff and Management of the City of Kalispell a Merry Christmas and Happy New Year and said he feels the City's had a great year. He said as we go into 1999 he hopes the Council can continue to improve it's relations. Nystul excused himself from the remainder of the meeting. Boharski said the Council basically has to decide whether to offer the position to Nystul, go back through the applications or bring Al Thelen back to Kalispell in the interim while the City starts the search over. Donahue moved to offer the position to Nystul and instruct the City Manager to conduct negotiations within the boundaries of the offer made to Jeff Towery. The motion was seconded by Scarff. Van Natta said he still doesn't think Nystul has the managerial or supervisory experience needed for the job. He said Nystul voted to fire Krepps and he doesn't think considering him is ethical. Van Natta said as far as the contract to Towery, he found it embarrassing. He said the newspaper reported the Mayor changed the original offer the Council agreed on from $62,500.00 to $60,000.00. Boharski stated he doesn't remember the Council giving Neier an exact amount to offer Towery. He said Neier called him about the offer and he gave Neier his opinion. Boharski said he had no intentions of acting outside the wishes of the Council. Larson said Boharski may not have had any "ill intentions" when he talked to Neier but he still acted out of the scope of his office. Neier said he called Boharski because he wasn't given many parameters and he didn't want to make an offer the Council couldn't agree with. He said from talking with Towery, he doesn't think the salary was the basis of the refusal. Atkinson called the "whole thing an incredible travesty." He said now the City has someone left who isn't qualified and this is the "final blow to destroy the City Manager form of government." Haarr said of the four candidates interviewed, Nystul is left and should be given a chance. He said he would defy anyone to say that Nystul lacks any of the credentials advertised for, even if he doesn't have the degree. Haarr said he can recount anything that's happened in the City over the past fifteen years and it's apparent he can do a wonderful job as a Manager. Larson said he has no animosity towards Nystul, but he doesn't think he's a Manager. He said the City didn't advertise for a Historian, it advertised for a Manager and Nystul isn't a Manager. Larson said 14 to be fair about it, Al Thelen should be hired until the City can find an applicant that everyone can accept. Donahue commented he's known Nystul for a long, long time and he's very confident he'll do an excellent job for the City. Graves said he doesn't understand the argument that Nystul doesn't have the ability to manage. He said it doesn't take a Rocket Scientist to manage eight people who are some of the finest Department Heads in the whole country. The motion carried upon roll call vote with Donahue, Graves, Haarr, Scarff and Boharski voting in favor, and Atkinson, Larson and Van Natta voting against. Atkinson suggested the offer be finalized and agreed upon tonight. Boharski said Neier has suggested a one year contract, an evaluation after six months, no severance pay for the first six months, membership in organizations and attendance at conventions subject to Council approval during the budgeting process, City health insurance, 12 days sick leave, Standard retirement and a salary that needs to fall within the $55,000.00 to $70,000.00 pay range. Graves suggested the salary start at $55,000.00 with an evaluation after six months. He said if Nystul's done a good job then he should receive a pay raise of five percent at that time. Council agreed. Donahue commented if negotiations with Nystul are successful, then he would like to see every member of the Council vote in favor of the contract. The meeting was adjourned at 11:05 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council