HomeMy WebLinkAbout2003-04-07 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 7, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, April 7, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia
Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple,
City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - January 18. 2000. November 22.2002 and March 24 and March 31. 2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meetings of March 24 and March 31,2003, be approved as submitted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and November
22, 2002, to a later date.
Consent Items
Assistant City Manager Brey presented to the Commission the following Consent Items.
Proclamation. "National Youth Service Day". April 11.13. 2003
Commission Resolution No. 3586 . intent to sell air conditioner originallY purchased
for Information Technoloay office
COMMISSION RESOLUTION NO. 3586
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL A
CERTAIN SURPLUS ITEM FROM THE INFORMATION TECHNOLOGY DIVISION.
Award bid - 2003 crew cab 9.000 GVW pickup for Fire Division - Ressler Motors.
Bozeman. Montana. in the bid amount of $29.268.78
Authorize use of annual leave . Clerk of the Commission Sullivan. April 28-May 2 and
May 16-30. 2003
Buildina Inspection Division report for March 2003
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
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Ratify City Manaaer's signature on buy/sell aQreement for SAE House
Assistant City Manager Ron Brey stated that there has been good communication between SAE and
the City during the past week; however, there is no document ready for Commission action this evening.
Commissioner Hietala noted that Commissioner Cetraro had identified a lot of loose ends and
indicated that he, too, feels those issues should be resolved prior to action on this item. He asked if the
community can commit to repaying one-third of the purchase price and questioned the need to provide an
anchor tenant for the carriage house. He also stated he would like to know more about how the citizen
management board would be formed and utilized, and whether MSU would commit to the project.
Mayor Kirchhoff noted that those details pertain to one of the possibilities that is available to the City
if it acquires this property, and cautioned that to answer those questions now presupposes that the City has
determined which of the options it intends to follow.
Commissioner Youngman suggested that more detailed information could probably be garnered
through answers to specific questions. She then cautioned that there is no way to determine how
successful a fundraising campaign might be and stressed that, if the Commission waits until one-third of
the monies has been raised by the community, then the SAE House will no longer be available for purchase
by the City.
Commissioner Hietala stated he would like to see a plan that does not include a fund raising effort,
particularly since the valiant efforts of others have failed pretty miserably. In response to questions from
Commissioner Brown, Commissioner Hietala indicated that, with appropriate federal grants for operation
of the facility, he feels that it could pay for itself; and he would support continued City ownership under those
circumstances.
Mayor Kirchhoff noted that the first step is to acquire the property, and then obtain the information
and details of a business plan before considering the possibility of entering into a partnership. He
acknowledged that a commitment from MSU would be beneficial. He stressed, however, that other options
must also be considered, including sale of the property in a manner that ensures its preservation as a
community asset.
Mayor Kirchhoff requested that this item be listed on each of the upcoming agendas until a deal is
made or it has been determined that the parties have failed to reach an agreement.
Discussion re transit task force DroDosal for fundina of study
Mr. Brian Close, Chair of the transit task force, noted that presentations were made last month to
both the City Commission and the County Commission for a comprehensive study as recommended by the
task force. He noted that the reason for the comprehensive study is to provide information upon which the
political community can base a decision on whether or not to proceed with funding of a transit system. He
stated that the County Commission needs additional information on the transit task force recommendations
and has deferred a decision until May 6. In light of that delayed decision, the task force has come back with
a revised proposal that allows for the project to move forward through City funding.
Mr. Close characterized the Western Transportation Institute (WTI) as one of Bozeman's best kept
secrets. He noted that it has been in business since 1994 and received $8 million in grant funding last year.
He stated that the new executive director of GalaVan and WTI have teamed together to make the GalaVan
operation more efficient and effective. He then indicated that WTI has done a significant amount of work
on the transit study gratis and is now seeking funding to move forward with collecting and analyzing data
on public transit.
Ms. Lisa Ballard, research engineer with the Western Transportation Institute, distributed copies of
a new budget proposal for the comprehensive study proposed at the meeting two weeks ago. She indicated
that this budget provides for the same seven steps previously proposed, but splits the project as follows:
the first three steps, which include the city/county stakeholders' board, outreach and pUblic survey, would
be funded by the City, in the amount of $24,457.00; the second three steps, which include the interim report,
technical assessment and final report, would be funded by the County, in the amount of $21,543.00; and
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WTI would seek $14,000 at a later date to fund the seventh step, which is general stakeholders' board
support.
Ms. Ballard noted that when the presentation was initially made to the City Commission, action was
deferred to allow for proper notice prior to making a decision; and when the presentation was made to the
County Commission, action was deferred to May 6, which is atter the legislative session is completed. She
indicated that this revised proposal will allow them to proceed with the project while awaiting County
Commission action, thus allowing a decision to be made to place this issue on the November ballot.
Responding to questions from Mayor Kirchhoff, Ms. Ballard stated that the interim report is to be
completed by the end of July and will include the information gathered as of July 20, but will not include an
analysis of that information. She noted that the final report will be completed by the end of August and will
include any additional information gathered after July 20 and the technical assessment of that data. She
then characterized the public survey as probably the most significant section of the report.
Responding to Commissioner Hietala, Ms. Ballard stated that the technical assessment will include
an estimation of system ridership, bus routes, frequency of trips, headways, and cost/benefit analysis. She
indicated that they have some of the raw data available at this time, but not a lot of detail; and the additional
survey and analysis of that information would be beneficial.
Further responding to Commissioner Hietala, Ms. Ballard stated that it is important that the survey
be done for the triangle area that has been identified as optimal for the transit system. She indicated that
to do separate surveys for the city and the remainder of the triangle area would increase the costs. She
confirmed that some of the questions in the survey do address the financial issues. She then noted that
if the County chooses not to fund the next three tasks on the list, the City will still have a lot of good data
that shows whether there is public support for the system and, if so, at what level.
Mayor Kirchhoff expressed his support for the proposal, noting that it will determine whether a transit
system is feasible. He stated his willingness to spend a fairly small amount to get a significant amount of
information, and encouraged the community to testify before the County Commission in support of funding
for the next three tasks so that the governing bodies have a final report on which to base their decisions.
Commissioner Brown noted that this project has gone as far as it can on its free ride. He voiced his
strong approval of the request, noting it will provide good, solid information.
Commissioner Cetraro stated he wants to see the motion contingent upon the County's partnership
in the project and suggested an alternative would be to delay action until the County makes its decision.
Responding to Commissioner Youngman, Ms. Ballard stated that waiting until the County makes
its decision would place the project in jeopardy for meeting the deadline for the November ballot.
Commissioner Youngman acknowledged that it would be preferable to wait for the County's
decision, but she does not want to stall the process for a year. She suggested that a friendly letter
encouraging County Commission support might be beneficial.
Mr. Close encouraged the Commissioners to not let a few weeks delay the entire project. He then
noted that, even if the County does not fund its three tasks, the City will have good data from the first three
steps.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the
Commission approve the request for $24,457 to fund proposed tasks one through three of the transit study.
The following amendment was then placed on the floor: It was moved by Commissioner Cetraro,
seconded by Commissioner Hietala, that the Commission's authorization for expenditure of monies be
contingent upon the County's funding of proposed tasks four through six of the transit study. The
amendment failed by the following Aye and No vote: those voting Aye being Commissioner Cetraro and
Commissioner Hietala; those voting No being Commissioner Youngman, Commissioner Brown and Mayor
Kirchhoff.
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The original motion then passed by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting
No being Commissioner Cetraro.
Mayor Kirchhoff endorsed Commissioner Youngman's suggestion that the Commission write a letter
to the County Commission encouraging them to fund the three tasks in the proposed budget and asked
Commissioner Brown to take the lead in drafting that letter. All of the Commissioners agreed with that
suggestion.
Mayor Kirchhoff yielded the gavel to Commissioner Cetraro and left the meeting at 7:40 p.m.
Presentation of master plan for Burke Park
Included in the packets was a copy of the master plan for Burke Park, dated February 2001, as
prepared for the Recreation and Parks Advisory Board by Dick Pohl, landscape architect, and as amended
by the Recreation and Parks Advisory Board and dated April 2003.
Superintendent of Facilities and Lands James Goehrung gave a quick overview of the master plan,
noting that the original plan was completed approximately two years ago. Since then, however, the bond
issue for purchase of the CMC property was approved; and that changed the character of the plan for Burke
Park. He stated the plan identifies the proposed future improvements to the park, identifying what is and
what is not to be preserved.
The Superintendent drew the Commission's attention to those items that have received substantial
discussion, including the parking lot at the base of Peets' Hill, which contains 60+ parking spaces and is
designed to accommodate overflow parking for Lindley Park and Farmers' Market. He indicated that access
to Lindley Park would be via the trail along the railroad bed, which is to be improved in conjunction with
construction of the new library. Another issue is alternatives for handicapped access; however, only one
of the options discussed has been included in the document submitted to the Commissioners. Another topic
of discussion is group activities that will and will not be permitted. He indicated that Commission direction
is needed on whether or not the Lewis and Clark marathon run can include the trail through Burke Park,
particularly in light of the wear and tear such an event will have on the trail. Finally, there has been
significant discussion on dog issues, including their impacts on plant life and conflicts with people and
mountain bikes. He then asked if there are any other issues that need additional discussion or review prior
to the public meeting on April 28.
Responding to Commissioner Hietala, the Superintendent indicated that group activities are to be
allowed on a permit basis only, and that large groups are not allowed under any circumstances.
Commissioner Hietala stated he has a problem with exclusion of Harrison Street as an access for
the handicapped, noting that the proposed access from an obscure location is costly to police. He indicated
that his investigation has revealed the police had 33 complaints for the entire park, which has several
access points, an immaterial number when compared to other locations in the community, such as the Cat's
Paw. He stated that the proposed access near Aspen Point has very steep terrain that wheelchairs cannot
negotiate, and the trail mix is unstable. In comparison, there is a long stretch of nearly level trail at the
Harrison Street access, with many great viewpoints.
Responding to comments from Commissioner Brown, Planning Director Epple stated that he and
City Manager Johnson met with representatives from Bozeman Deaconess Foundation last Thursday on
the condition to ensure that continued development of the Foundation's property is compatible with Burke
Park and Peets' Hill. He characterized these as very preliminary discussions, noting the process is
expected to take up to a year to complete. He then indicated that the plan must be approved by the City
Commission before the Hospital can start any new project.
Commissioner Brown noted that one priority should be obtaining ownership of the two one-acre
parcels at the high point that have been retained by the Burke family.
Assistant City Manager Brey responded that the Gallatin Valley Land Trust periodically contacts the
Burke family to determine their interest in selling those lots and, to date, there has been no interest in doing
so. He then noted that when Burke Park was created, one of the stipulations was that access to those lots
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would be provided from the end of Kenyon Drive via existing street rights-of-way. He acknowledged that
this access would be fairly disruptive to many of the trail patterns, and noted that if a residential subdivision
is developed on the adjacent Foundation property, a much less disruptive access would be available.
The Assistant City Manager turned his attention to disabled access to the trail. He noted that, after
a review of ADA requirements several years ago, he determined that the best possible accessibility in the
most integrated setting must be balanced against undermining the fundamental experience that the area
provides. He cited the linear park as an example, where the best accessibility would be a concrete path,
which undermines the intent of the park; and the balance was determined to be a compacted fines trail mix.
He recognized that, in this instance, Harrison Street may have a lot of merit as an access but might impact
the experience of those using the trail.
Commissioner Brown noted that this is a unique park, and one of its biggest problems is overuse.
Ms. Mary Vant Hull, member of the Recreation and Parks Advisory Board, distributed a packet of
information for the Commissioners to review prior to the public meeting.
Assistant City Manager Ron Brey announced that further review of this plan and acceptance of
public comment have been scheduled for April 28.
Continued public hearing. Zone Code Amendment. amend Section 18.16.060 to increase maximum
buildina heiaht in the "R.2" zoning district from 32 feet to 36 feet based on the pitch of the buildina
roof. West Meadows LLC (Z-03024\
This was the time and place set for the continued public hearing on the Zone Code Amendment,
requested by West Meadows, LLC, under Application No. Z-03024, to amend Section 18.16.060 of the
Bozeman Municipal Code to increase the maximum building height allowed in the "R-2," Residential-Single-
household, Medium-density, zoning district from 32 feet to 36 feet based on the pitch of the building roof.
Mayor Pro Tempore Cetraro reopened the public hearing.
Associate Planner Chris Saunders presented the staff report. He stated that staff has reviewed this
application in light of the twelve criteria set forth in the zone code and has found that the amendment met
or was neutral on each of those criteria. He stated that, after its review of the application, the Zoning
Commission concurred in staff's findings, as contained in the written staff report, and has forwarded a
recommendation for approval.
The Associate Planner noted that the zone code currently provides three different height limitations
in the "R-2" zoning district, based on the roof pitch. Under this application, a fourth height limitation would
be added, to allow roofs with pitches of 9:12 or greater to be up to 36 feet in height. He stated that this
change would allow additional choices in architectural styles, and noted it would not be contrary to the City's
comprehensive plan or other code provisions. He also noted that no public comment has been received
to date.
Mr. Anders Lewendal stated that he has worked closely with the developer of West Meadows, a
development in which the character of the older homes in Bozeman is to be replicated. He noted, however,
that the 32-foot height limitation precludes 9-foot walls on the first floor and steep pitches; and this
amendment would allow them.
No one was present to speak in opposition to the proposed zone code amendment.
Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public
hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Zone Code
Amendment, requested by West Meadows, LLC, under Application No. Z-03024, to amend Section
18.16.060 of the Bozeman Municipal Code to increase the maximum building height allowed in the "R-2,"
Residential-Single-household, Medium-density, zoning district from 32 feet to 36 feet based on the pitch
of the building roof, be approved and that staff be authorized and directed to bring back an ordinance
enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being
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Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro;
those voting No, none.
Public hearina M Conditional Use Permit M allow sale of beer and wine on Tract 4B. Rearranaement
of Tract 4 of the Rearranaement of Elks Club Property - Elks Lodae 463 for Richard and Karen Harte
(205 Hagaerty Lane) (Z-03032)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
the Elks Lodge No. 463 for Richard and Karen Harte under Application No. Z-03032, to allow the sale of
beer and wine in the building on Tract 4B, Rearrangement of Tract 4 of the Rearrangement of the Elks Club
Property. The subject property is located at 205 Haggerty Lane.
Mayor Pro Tempore Cetraro opened the public hearing.
Assistant City Manager Ron Brey recommended that, due to advertising errors, this public hearing
be continued to April 28.
Mr. Roger Layton, trustee on the governing body of the Elks Club, expressed concern about the
delay that the advertising error will cause. He noted that when he received a copy of the notice, he called
the Planning Office to point out that the alcohol license was incorrectly advertised and was told that was not
a problem. A phone call on Friday afternoon from the Planning Office, however, revealed that it was a
problem.
Mayor Pro Tempore Cetraro asked if there is any way to avoid delaying the project because of this
problem.
Planning Director Epple indicated that building permit applications are typically not accepted until
after Commission action. He noted that, if the Commission concurs, he will contact the Building Inspection
Division and ask them to accept and review the plans prior to the public hearing. He stated that review
should be nearly completed by the public hearing on April 28, and stressed that no building permits will be
issued until after Commission action.
Mr. Casey Harte noted he is in charge of the building and wants to ensure that he can move forward
with construction plans so the project can be completed on schedule.
City Attorney Luwe recognized it is unfortunate that the advertising error occurred; however, he
cautioned that improper notice could place the entire project in jeopardy.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be continued to April 28, to give staff time to readvertise the public hearing. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown,
Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none.
The Commissioners indicated their approval for proceeding with review of the plans for this project
between now and the public hearing, as proposed by the Planning Director.
Public hearina - Certificate of Appropriateness to allow addition and modifications to existina aarage
to accommodate one-bedroom apartment and a darkroom on Lots 1 and 2. Diers Rearranaement of
Block 43. Park Addition. with deyiations from Section 18.18.030. Bozeman Municipal Code. to allow
proiect on lot which is 10 feet less than 60-foot width reauired for two residential units: from Section
18.50.050. to allow new addition to encroach 4 feet into reauired 10-foot rear yard setback for an
accessory structure: from Section 18.50.050.G.. to allow accessory structure to OCCUpy more than
25 percent of rear yard: from Section 18.50.060.C.. to allow second floor renovations to encroach into
15-foot corner side yard setback: from Section 18.50.060.A.1.. to allow steps to encroach more than
5 feet into reauired rear yard setback: and from Section 18.50.110.. to allow three fewer Darkina
spaces than reauired by zone code - Mariah Mayfield. 402 West Dickerson Street (Z-03040)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Mariah Mayfield under Application No. Z-03040, to allow an addition and modifications to the
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existing garage located on Lots 1 and 2, Diers Rearrangement of Block 43, Park Addition, to accommodate
a one-bedroom apartment and a darkroom, with deviations from Section 18.18.030 of the Bozeman
Municipal Code, to allow the project on a lot which is 10 feet narrower than the 60-foot width required for
two residential units; from Section 18.50.050, to allow the new addition to encroach 4 feet into the required
10-foot rear yard setback for an accessory structure; from Section 18.50.050.G., to allow an accessory
structure to occupy more than 25 percent of rear yard; from Section 18.50.060.C., to allow the second floor
renovations to encroach into 15-foot corner side yard setback; from Section 18.50.060.A.1., to allow the
steps to encroach more than 5 feet into required rear yard setback; and from Section 18.50.110., to allow
three fewer parking spaces than required by the zone code. The subject property is located at 402 West
Dickerson Street.
Mayor Pro Tempore Cetraro opened the public hearing.
Planning Director Epple announced that, in this instance, the notice and map were correct as they
were posted on the site, mailed to neighbors and sent to the Bozeman Daily Chronicle; however, the wrong
map was printed in the newspaper advertisement. As a result, this public hearing must be readvertised.
He indicated that, with Commission concurrence, he will ask the Building Inspection Division to proceed with
review of the plans with permits not to be issued until after Commission action.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the public
hearing be continued to April 28, to give staff time to readvertise the public hearing. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman,
Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none.
Discussion - FYI Items
The fOllowing "For Your Information" items were forwarded to the Commission.
(1) Note from Laurie Simms, 319 South Grand Avenue, expressing support for the City's
purchase of the Story Mansion.
(2) Two e-mail messages questioning the need for spending monies on a study of mass transit
in Bozeman, and whether anyone would use such a system.
(3) Letter from Jim Pepper, dated March 31, regarding the Bozeman Creek neighborhood plan.
Planning Director Epple indicated that staff is giving the letter a significant amount of attention,
noting that the City Planning Board will discuss it at their next meeting. He then stated the same public
process is being followed to develop this sub-area plan as has been used in developing the Bozeman 2020
Community Plan and the new transportation plan update.
(4) Letter from the County Commission requesting City participation in the study of a new
interchange to serve the airport.
(5) Memo from the Bozeman Area Bicycle Advisory Board, dated April 2, requesting expansion
of the board's membership and lengthening the terms, and a draft ordinance enacting those revisions.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 8, in
the Commission Room.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, April 8, at the Professional Building.
(8) Notice that the Design Review Board meeting to be held on April 8 is cancelled due to the
lack of agenda items.
(9) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, April
8, in the Commission Room, along with minutes from their March 25 meeting.
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(10) Headwaters Recycling newsletter announcing that the next meeting is to be held at 10:00
a.m. on April 1 0 in Boulder.
(11 ) E-mail from the Bozeman Area Chamber of Commerce forwarding the legislative update for
April 7, 2003.
(12) Assistant City Manager Ron Brey announced that the YMCA will be placing yellow ribbons
on the trees along South Willson Avenue, to support the troops.
(13) Planning Director Andy Epple submitted the following. (1) Stated that he and City Manager
Johnson have been involved in meetings with representatives from Bozeman Deaconess Hospital and with
the Community Mediation Center regarding hospital plans and potential impacts on Burke Park.
(2) Announced that the Lawsons have gone through mediated dialogue with the neighbors and several
informal meetings with neighbors and staff. As a result of those discussions, they have submitted a
modified plan for a building having the same footprint, moved 8 feet to the east and lowered 2 feet 9 inches.
He indicated that staff will notify those who have participated in the process to date, inviting them to look
at the revised plans prior to next week's meeting.
(14) City Attorney Luwe cited an article in a recent edition of IMLA regarding zoning lessons
learned the hard way, particularly in light of the two public hearings that were continued due to improper
notice.
(15) Director of Public Service Debbie Arkell asked that the Commissioners provide any input
regarding the transfer station site either via telephone or e-mail within the next few days. She indicated that
she will be out of the office from Wednesday to next Tuesday.
(16) Commissioner Youngman stated that she and Mayor Kirchhoff attended the legislative
committee hearing today on the latest pre-emption legislation. The bil passed out of committee and will be
heard on the floor on Wednesday.
(17) Mayor Pro Tempore Cetraro stated he received a call today about the rodeo parade.
Director of Public Service Arkell stated that the application for a parade permit has been submitted
and is being reviewed by staff. She noted that Helene Greninger is the contact person on the status of the
permit.
Adjournment - 8:25 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Brown, seconded by Commissioner Youngman, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Youngman, Commissioner Hietala, and Mayor Pro Tempore Cetraro; those voting No, none.
STd;.~~
ATTEST:
~st~
Clerk of the Commission
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