HomeMy WebLinkAbout1998-03-09 Minutes, City Commission
MINUTES OF THE WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 9, 1998
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. The Commission of the City of Bozeman met in agenda meeting in the Conference
Room and work session in the Commission Room, Municipal Building, Monday, March 9, 1998,
beginning at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City
Manager Brey, City Attorney Luwe and Deputy Clerk of the Commission Erlandson.
Aaenda Meetina - for reaular meetina and Dublic hearings to be held on March 16, 1998
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Johnson briefly reviewed the background information which was
included in the Commissioners' packets.
. (3) Mayor Stiff asked that action on the minutes of February 17, 1998 be
deferred to the agenda meeting of April 6, 1998.
(4) City Attorney Luwe stated there was further work to do on the ordinance
to make it consistent with the Commissioners' decision on March 2, and the proposed changes
will be in a memo in the packets on Thursday.
(5) Associate Planner Chris Saunders said the Planning Board held the public
hearing on March 3 and recommended approval of the project, subject to amending the part
of proposed Condition No.6 which limits use of the gymnasium to regular school hours. He
noted the applicants did not express opposition to the conditions recommended.
In response to City Manager Johnson, the Associate Planner said that, as currently
. arranged, there is no recreation area on site and staff is, therefore, recommending the buildings
be rearranged to allow 10 percent of the site for outside recreational space. He noted that the
traffic pattern on the premises is now a loop and that the applicants are working with staff to
address this.
Commissioner Rudberg questioned why the Commissioners receive a copy of the staff
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report at two different times, noting it is confusing to her and rather a waste of paper and staff
time if they are the same documents.
Planning Director Andy Epple noted that, in the past, because of the two to three
week delay between hearings, staff was asked to again provide copies of the report but said
. that staff would like to eliminate the repetition.
In response to Assistant City Manager Ron Brey, the Planning Director agreed that the
City-County Planning Board packet will be made up of only the agenda and minutes, and that
staff will include their report only when the subject is put on the agenda.
(6) Assistant Planning Director Debbie Arkell said Fred Weiner, owner of Fred's
Mesquite, has applied for one of the new cabaret licenses. She noted the main issue with the
request is that of parking, and that staff is working with Mr. Weiner to address this. The
Assistant Planning Director concluded by stating the Planning Board has recommended
approval.
(7) City Attorney Luwe noted this item will not have public testimony, and that
the decision will be made based on Planning Board input and recommendation.
. In response to the Assistant City Manager, Associate Planner Jody Olsen said the
zoning on this land is all the same.
(8) Assistant Planning Director Arkell noted that this preliminary plat application
is basically just paperwork, since sewer and water is available and an extension of mains is not
needed.
Planning Director Epple said the turnaround time of 35 days for minor plat reviews,
with 60 days for major plat reviews, has always been the standard. He noted, however, that
State law now requires the Planning Board to hear the minor applications within the 35 days,
which is often very difficult to schedule.
The Assistant Planning Director reminded the Commission that it never used to see
the minor plat reviews since the Director of Public Service was able to act on them, but State
. law now directs otherwise.
In response to the City Manager, the Assistant Planning Director said staff has tried
unsuccessfully to have the legislature make changes, and suggested that perhaps the League
of Cities and Towns might be interested in supporting some revisions. She stated her opinion
that if a project meets the technical requirements, it should be approved expeditiously.
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(10) The City Manager
noted he chose
numbers and the schedule for
implementing them merely as a starting point, and that the 30 percent expansion number is
something that came up last year for discussion.
Commissioner Youngman voiced her surprise at seeing the 30 percent number, noting
. 20 percent is the trigger point for review. The Commissioner queried whether the City will run
into legal problems over this, stating that if so, these should be dealt with separately.
In response to the Assistant City Manager, the Impact Fee Coordinator said a site plan
review would be triggered at 20 percent but impact fees will not be triggered until the 30
percent mark is reached.
Responding to Commissioner Rudberg, City Manager Johnson noted his agreement
for this item to be the third discussion of the evening so that public input can be received.
In response to the City Attorney, Planning Director Epple said the fire and street
impact fees are based on square footage.
City Manager Clark Johnson distributed copies of a list of impact fees collected by
the City from May of 1996 to the present.
. (14) Historic Preservation Officer Derek Strahn said the Administrative Design
Review board has reviewed this application and found no fault with it. He noted the deviation
is for the front porch, and the project is in the R-3A zone. The Officer concluded by noting the
two conditions attached to approval were boilerplate ones.
(15) Planning Director Epple introduced John Sherman, who is acting part time
as an Associate Planner/Urban Designer in the Planning Department.
The Associate Planner/Urban Designer noted that this application requests three
variances and that staff, having carefully studied the Code and the proposal, recommends
denial of all three variances, as outlined in their staff report.
In response to Commissioner Rudberg, City Attorney Luwe stated the Commission
may decide whether or not to vote on each variance or to vote on all three together.
e Responding to Commissioner Rudberg, Mr. Sherman confirmed that the Design
Review Board voted 6-1 to lower the height of the freestanding sign by 8 feet, and retain the
existing sign and location. He said they recommended approval of the signage inside
the
cupolas, and agreed that the monument sign should be eliminated because
only one
freestanding sign is allowed per lot. He further noted there is more signage that will be lit at
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night. Mr. Sherman also said staff's recommendation is to deny all three variances.
Planning Director Epple noted that the Conoco sign nearby is at a height of 16 feet,
but that if the Day's Inn sign is lowered by 8 feet, it will still stand at 32 feet. In response to
Commissioner Rudberg, he said the Design Review Board had taken into account State
. regulations, and that staff had counseled Mr. Rand as to different approaches to their signage
requests that could garner them 20 percent deviations, but that Day's Inn made it clear they
want full variances.
In response to Commissioner Rudberg, the Planning Director said the GranTree Inn is
allowed to have a higher sign because it is near the Interstate, noting that it is currently
grandfathered in. He reminded the Commission that, should the GranTree request a permit for
any alterations to the building, their signage must be brought into compliance with the Code.
Responding to Commissioner Youngman, the Planning Director said he needs to speak
with the City Attorney about whether the Commission can grant a 20 percent variance,
because it has not been advertised.
In response to Mayor Stiff, the Planning Director said Day's Inn property line has
. about 40 feet of frontage on North 7th Avenue, and 300 feet of frontage on West Oak Street.
He concluded by reminding the Commissioners that four affirmative votes are needed for
approval of a variance.
Assistant City Manager Brey requested that the Commission make motions for
variances in the affirmative.
Break - 4:00 C.m.
Mayor Stiff declared a break from 3:55 p.m. to 4:00 p.m. to allow the Commission
time to move to the Commission Room for the work session.
Work Session - (A) UDdate re status of recvclina Droaram - Street/Sanitation SUDerintendent
e ROQer Sic.: (B) Continued discussion - City Commission budget unit for Fiscal Year 1998-1999
The meeting was opened with the Pledge of Allegiance and a moment of silence.
(A) Update re status of recycling program.
Included in the Commission packets was a copy of a booklet entitled "Recycling
Program Update", dated February 27, 1998, provided by Street/Sanitation Superintendent
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Roger Sicz. The Superintendent emphasized that the whole cardboard recycling program
started when his department began to pick up cardboard from commercial customers, noting
that they now have between 130 and 140 accounts. He stated this program was
expanded
in September of 1997 to include the ten Headwaters Cooperative Recycling Project (HCRP)
. drop-off sites.
The Superintendent said the City of Bozeman is part of a program with several other
cities and counties that want to recycle glass and cardboard, noting that he jumped at the
possibility of doing so because he receives a lot of calls from the public on the subject.
Street/Sanitation Superintendent Sicz said the recycling program began with about
10 drop-off sites in Bozeman, and that quantities of cardboard collected have gone from 5 tons
a month in September, 1997 to 25 tons a month at present, which tells him people really take
advantage of the sites. He said the ability of the program to pay for itself varies along with the
price paid for a ton of cardboard.
The Superintendent stated the premise of expanding the cardboard recycling program
was two-fold: to provide a means for recycling corrugated cardboard, and to divert as many
. recyclables as possible from the landfill, thus extending its life. He reiterated that the program
is very successful and they are currently using two members of the Street Department one day
a week. He noted that the decision now has to be made as to whether or not to continue the
program. The Superintendent stated that a major problem arises when snow has fallen,
because cardboard cannot be left out in the weather and this involves extra manpower. As a
result, the Department is forced to request the hiring of an additional person.
Street/Sanitation Superintendent Sicz said glass currently has no market value and,
bearing in mind that people do not want to have to remove labels or sort colors, he looked for
a viable method of glass disposal. He said he applied for a grant for a glass recycling program
through the Environmental Protection Agency and received $7,900. He stated
he knew that,
once the money for the glass recycling program ran out he would have to either discontinue
e the program or ask the Commission for funding.
The Superintendent stated the City is part of HRCP, which is a joint venture with nine
counties, various cities, solid waste districts and Yellowstone National Park, that enables us
to participate in a recycling program.
Referring to his booklet and using an overhead projector, the Street/Sanitation
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Superintendent gave an overview of each of the graphs he had put together.
In response to Commissioner Rudberg, the Superintendent said the cardboard is taken
to Gallatin Recyclers in Belgrade because they will take all types of cardboard. The
Commissioner noted it makes sense to her that this amount of recyclable tonnage is not going
. into the landfill, and that she would like to know how much recycling is extending the life of
the landfill.
Responding to Commissioner Smiley, the Superintendent said recycling is picked up
twice a week, on Mondays and Fridays, depending on snow storms. He said the City has an
agreement with the commercial owners of recycling sites that the site will remain clean, and
snow storms may mean the trucks have to pick up three times a week. To honor the
agreement, he said one person from his Department checks each recycling site every morning
for strewn litter and cans.
The Superintendent noted that glass pickups have doubled since the beginning of the
program, but statistics show cardboard and glass recycling are equally as popular. He noted he
has had 10 calls from other communities about glass recycling, and believes glass will soon be
. collected throughout Montana and mixed with gravel. The Superintendent said JTL Group of
Belgrade will completely demolish glass into small particles. He stated that the City of
Bozeman collects about half of everything HRCP takes in.
In response to Commissioner Smiley, the Superintendent said they may send JTL 250
tons of glass, but he does not know how many tons they crush nor, therefore, how much
money this was saving them. He said the first sample he saw did not show any sign of labels,
but he could find 3/8 inch pieces.
Responding to Commissioner Rudberg, the Superintendent said West Yellowstone
mixes crushed glass with the surface gravel, while Bozeman mixes it into the base gravels. He
noted that Belgrade and Three Forks did not join HRCP, and Manhattan has not yet signed the
interlocal agreement. He said the program is now operating in the black and he will look into
e including other commodities in the future.
Further responding to the Commissioner, the Superintendent said delivery of the new
automated garbage truck is behind schedule but should be in by mid April. He noted that there
was an FY98 budget amendment that gave him a % FTE, and that for FY99 the Department
will lose one % FTE. He reiterated that the Department cannot continue the recycling program
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without more help, and that one more FTE will be needed by July 1 if this program is to
continue.
In response to Commissioner Rudberg, the Superintendent said the cardboard will go
to a location in Bozeman by April 1, but that the prospective operator is waiting for his
. concrete pad, which has been held up by bad weather. He said he would try to put together
a trailer so that one man can do the pickup.
Responding to Mayor Stiff, Street/Sanitation Superintendent Sicz said they have
roughly $19,000 in the budget for a trailer and a lifting device that can be hooked to a pickup.
He said there is a used pickup in the budget but the pickup they already have could also be
used. He said that adding one FTE to the budget will bring the Department back up to the 6
employees they have had for the last 20 years.
In response to Commissioner Smiley, the Superintendent said nothing is happening
with plastic right now as neither the co-op nor the City can afford to do it at this point.
Commissioner Frost stated that, while we are not getting any money for the glass,
we are saving 20 to 25 tons of space in the landfill, which equates to money in the long run.
. Mayor Stiff thanked Street/Sanitation Superintendent Sicz for his report.
(8) Continued discussion - City Commission budget unit
for Fiscal Year 1998-
1999.
Mayor Stiff acknowledged those present who wanted to be involved in the budget
process.
The Mayor noted the GalaVan interest would be discussed first and asked those
present to introduce themselves. Those present were: Gerald Oelin; Paul Bucher; Jana Rogers,
Galavan Program Director; Bill Hayward, Chair of the GalaVan Advisory Board; and Brian Close,
member of the same board.
In response to Mayor Stiff, Mr. Oelin said the Senior Center Day Care operates every
day until after 5:00 p.m. but that GalaVan runs Monday through Friday until 5:00 p.m., leaving
folks to either hope they stay well in the interim, or to pay $6.00 each way for a taxi ride. Mr.
e Delin stated that, after looking at the GalaVan report, he feels several agencies should be
combined to make the money stretch further, and that a lot of money is being spent to serve
only 500 people.
Mayor Stiff stated that from what he heard at the Senior Center, longer hours would
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help, noting there is more need than there is availability. He said the Commission likes to see
the City's dollars stretched as far as possible.
Mr. Delin stated it is his opinion that GalaVan can give better service with the
$100,000 income it receives.
. Mr. Bucher said it is far cheaperto keep people in their own homes, utilizing agencies
to serve them there.
In response to Commissioner Frost, Ms. Rogers said GalaVan has almost three FTEs.
Responding to Commissioner Youngman, the Director concurred the $100,000 covered almost
18,000 one-way rides, adding that a lot of people use the system only one way.
Mayor Stiff stated that transportation for those with wheelchairs is quite difficult,
noting his own problems in the previous week.
In answer to Mr. Delin, Ms. Rogers said those needing a ride on GalaVan call in,
usually the day before, to get on the schedule. She agreed with Commissioner Frost that this
is definitely not an efficient system, in that it does not have a fixed route. She said the main
problem is that there is no public transit system in town for seniors to utilize, which would
. leave Galavan freer to go outside City limits, and to help those with wheelchairs.
In response to Commissioner Rudberg, Jeffrey Rupp, Executive Director of HRDC, said
the contract income listed in the Audit Report is primarily from the Head Start contract. The
Commissioner said she thought it strange that over $8,000 had been budgeted but that the
actual sum turned out to be under $3,000.
Mr. Bill Hayward noted that the budget was set a year ago, when GalaVan was
getting a $6,000 payment for a fixed share of the Director's salary. He said that stopped two
years ago, and GalaVan now budgets in-house for about $3,000 in contract revenue.
Mr. Rupp informed Commissioner Rudberg that Mr. Hayward was referring to the
budget included in the correspondence laid on the Commission desk today. Further in response
to the Commissioner, he said GalaVan has never stopped its fund-raising activities, and said
e he believes the discrepancy in funds raised is because HRDC's audit year is July 1 through June
30, while GalaVan's fiscal year is another. Mr. Rupp emphasized that for the past three to five
years, GalaVan has consistently raised several thousand dollars for their activities.
In response to Commissioner Rudberg, Mr. Rupp said GalaVan has not received any
money from the County, nor have they requested it, but that they have increased their service
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to Belgrade to one day a week, plus the once a month trip.
Mr. Hayward stated GalaVan is collecting data on the service to Belgrade so that
when they request a contribution they will have specific data.
Responding to Commissioner Rudberg, Mr. Rupp said that HRDC, in order to save the
. State from issuing multiple contracts, coordinates funds from about eieven different sources.
He said that, under their Title III contract, they are given $1,000 for the West Yellowstone bus
system, as well as the Angel Line in Livingston, and GalaVan moves those funds on to the
appropriate agency. While the contact is administrative, Mr. Rupp said he expects that, in the
future, these monies will go directly to the appropriate agencies.
Commissioner Rudberg noted that, in the previous year, the Commission gave
GalaVan $15,000, which came out of City taxpayers' money. She noted the City taxpayers
made a second contribution of $30,000 plus for operating expenses for the Senior Center, such
as snow shovelling. The Commissioner said City taxpayers also pay 2 percent of their taxes
to the County, amounting to $32,000 or more, which is used for senior services. She stated
that perhaps the Commission needs to be looking at a mill levy for the Senior Center so that
. there is a designated amount for voters to decide on.
Mayor Stiff noted that funding for both GalaVan and the Band needs to be addressed.
He reminded the Commissioners that the amount given to the Band last year was $5,500; that
the Commission has reduced the designated amount available for other board requests from
$3,000 to $500; and eliminated a salary increase for the Commissioners. He said that, under
Travel and Schools, they had decided to send Commissioner Smiley to a school of her
choosing, and discussed possibly eliminating the IIMC Conference for the Clerk of the
Commission.
HRDC Executive Director Rupp stated how appreciative GalaVan is for the $15,000
support they have received from the Commission in the past. He noted it means a lot to them.
He said GalaVan is concerned about the trend of decreasing funds, but said GalaVan struggles
e with the same issues as the Commission when it comes to dollars in versus dollars out. He
concurred with Commissioner Rudberg that a more permanent solution is needed to fund
transportation for the handicapped and seniors in Bozeman, pledging HRDC and GalaVan's
willingness to work with the City toward that goal.
Commissioner Smiley suggested that, instead of sending the Clerk to the IIMC
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conference, the Commission consider buying her some computer education so that she can do
the Internet work for the City instead of purchasing it elsewhere.
In response to Mayor Stiff, Commissioner Youngman said that, two years in a row
now the Commission has written to the Band Board, urging them to begin fund-raising, and
. they have not yet done so. She said she wouid once again contact them to offer her writing
skills so that they can raise enough money for at least one concert. The Commissioner stated
she did not think this will be a problem because there is a lot of support in the community for
the band. She offered her opinion that public contributions will offset any reduction in monies
from the Commission.
Mr. Bucher reminded the Commissioners that senior citizens pay as much in taxes as
any other group, noting he does not feel it is unreasonable if some of that money comes back
to them.
Responding to Mr. Bucher, Commissioner Youngman said the Band is not a City
program, but that the Commission makes a donation to it just as it gives to GalaVan. She said
that, so far, no one has suggested cutting the contribution to GalaVan, but the Commission is
. considering cutting some funding for the Band Board and, at the same time, assisting them to
fund raise.
Commissioner Rudberg stated she would be happy to leave the GalaVan funding alone
if the Commission leaves the Band funds alone, subject to two conditions. She said the first
condition is that the Band Board this year must do some fund-raising; and the second condition
is that those with GalaVan or the Senior Center work on the mill levy so that this subject does
not have to come up again.
Mr. Close said that had he known before yesterday about the topic being discussed
at this Commission meeting, he would have prepared a slide show to explain GalaVan's budget.
Mayor Stiff stated he has always enjoyed the band and thinks it well worth the
money, noting that he will be glad to defer the cut to another year.
e Commissioner Youngman said she understood what was being said about the band,
but she would like some consistency in making cuts. She emphasized that GalaVan is expected
to fund raise, and feels other groups should also.
Commissioner Frost said that since the Band Board was told they had to raise money,
and had had an offer of help with fund-raising, yet have not done so, he feels the Commission
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is enabling the band to come back with their hand out. He agreed with the other
Commissioners, that it is a wonderful program, but that the Commission has to look out for its
budget and it has to expect these groups to look after themselves as much as possible.
Commissioner Youngman referred to the Contracted Services section of the budget
. and to the Clerk's memorandum of March 5 providing additional budget information. She said
she thinks it is a good idea for the City Code to be put on the Internet so that it is available to
staff and the public, but many staff members are not yet on the Internet and she does not
know how soon they will be.
Responding to the Commissioner, the City Manager said now is the time to put such
an item in the budget and he thinks the technology will be available at City Hall in a matter of
weeks. He said the sum involved is about $3,140, and that Book Publishing Company will put
it on their own website and maintain it.
In response to Mayor Stiff, the City Manager said putting the Code on the Internet
will not save the City the $10,000 budgeted for the update, but that the number of copies may
be less, which will save some money.
. Responding to the Mayor, the City Manager said the Commission budget does not
need to be set today, and changes may be made at a later date.
In recapping the discussion, Mayor Stiff noted that the GalaVan funding will stay the
same, and that funding for board requests would be cut to $500. He noted the Commission
has agreed to putting $4,500 into the Travel and School's line item. The Mayor said the band
allocation will remain the same pending a report from Commissioner Youngman concerning their
fund-raising activities.
Commissioner Smiley said she will check with the Clerk about the computer training
and report back to the Commission.
Discussion - FYI Items
e City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Letter, dated March 4, from Mardella and Bruce Brock, 221 South 5th
Street, urging sidewalks for every neighborhood and development.
(2) Letter, dated March 3, from Allison Coffman, employee at Lux Transfer &
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Storage, Inc. urging the City to consider smaller companies who cannot afford the financial
assessment of SID No. 665.
In response to Commissioner Rudberg, the City Manager said an SID is typically in
force for 15 to 20 years, and that SID No. 665 will be in effect for 15 years.
. (3) Memorandum of a telephone call from Mary Jane Larson, 427 Greenway,
on March 5, wanting to know when the City is putting in street lighting in the new
subdivisions.
In response to the Commissioner, the City Manager said a response can be sent to
Ms. larson's letter, informing her how to get street lighting set up in her neighborhood.
He
noted many lights in newer subdivisions are yard lights, and agreed with the Commissioner that
such lamps do not give out much light.
(4) Minutes of the Tree Advisory Board meeting held on January 14.
Commissioner Rudberg said she had read the minutes from the Tree Advisory Board
concerning Arbor Day planning, and asked where at the Professional Building the City will plant
the tree they have bought.
. (5) Minutes of the Headwaters Cooperative Recycling Project meeting, held on
February 11; and a copy of their newsletter "Headwaters Recycling".
(6) Agenda for the Gallatin County Commission, to be held at 1 :30 p.m. on
Tuesday, March 10 in the Courthouse Community Room.
(7) Agenda for the Development Review Committee, to be held at 1 0:00 a.m.
on Tuesday, March 1 0 in the Commission Room.
(8) Agenda for the Design Review Board, to be held at 3:30 p.m. on Tuesday,
March 1 0 in the Commission Room.
(9) The City Manager handed out copies of "How to Organize and Supervise a
School Safety Patrol", noting that it reminded him of when he was a school crossing guard
years ago. He said Greg Kuhl is promoting the program and has visited with law enforcement
e agencies county-wide. The City Manager said this "old program revived" might be an
innovative solution to some of the City's problems.
Commissioner Frost noted that, when he did the same thing in Tucson, Arizona, it
was on a two-lane street, but that when he returned there years later, the same street was four
lanes with traffic at 45 miles per hour.
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(10) The City Manager indicated that he met this week with people from Montana
State University who are excited about several projects they want to do in cooperation with
the City, from mass transportation to parking situations, to dealing with binge drinking and law
enforcement for students with alcohol infractions.
. (111 City Attorney Luwe said he had attended the MMIA Board of Directors
Retreat last week. He noted that, if one needed property or employment liability insurance, this
program can save taxpayers between 35 to 40 percent. The City Attorney said final details
should be in within the next six months.
(12) Assistant City Manager Brey said that he has been visiting with folk in the
community about parking issues. He said staff has not been fond of courtesy parking tickets
because the administrative costs are the same as the regular ticket, however, today he was
handed two of the courtesy tickets with thank you notes attached by the recipients.
(13) Commissioner Smiley reminded the Commissioners that tomorrow is the
second half of the Planning Board training, at 7 p.m. in the Commission Room.
. Adjournment - 5:46 C.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg
and Mayor Stiff; those voting No, none.
ATTEST: --~-.
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e 6r/bM.~iZj;kw/Ato/L
GilLIAN Z. ERLANDS"ON-
Deputy Clerk>of~the ~ommission
03-09-98
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