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HomeMy WebLinkAbout1996-07-01 Minutes, City Commission -..-----. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 1, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 1, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent. 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. Authorize absence of Commissioner Frost from meetina in compliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . absence of Commissioner Frost from this meeting be authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Minutes - June 17 and June 24. 1996 It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the minutes of the meetings of June 17 and June 24, 1996, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Mayor Stueck deferred action on the minutes of November 20 and December 4, 1995 . and May 20, 1996, to a later date. .. Decision - Commission Resolution No. 3121 ~ intent to install cul-de-sac on South Third Avenue. iust north of its intersection with Kagv Boulevard This was the time and place set for the decision on Commission Resolution No. 3121, as approved by the City Attorney, entitled: 07-01-96 - 2 - COMMISSION RESOLUTION NO. 3121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE COMMISSION'S INTENTION TO CLOSE SOUTH THIRD AVENUE AT A POINT BETWEEN ITS INTERSECTIONS WITH SOUTH GRAND AVENUE AND KAGY BOULEVARD BY INSTALLING A CUL-DE-SAC IN SAID STREET. . City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Project Engineer Rick Hixson, dated June 27, along with a copy of the letter from the Montana Department of Transportation to Director of Public Service Phill Forbes, dated June 27 regarding the South Willson Avenue/South Third Avenue/Kagy Boulevard intersection. Director of Public Service Forbes thanked Rob Bukvich, from the local Department of Transportation office, for his quick response to the City's request. He stated that, from the letter, it appears the Montana Department of Transportation, through the former Montana Highway Commission, has legally closed South Third Avenue by establishing Kagy Boulevard between South Willson Avenue and South 19th Avenue as a limited control access facility. He indicated that, in light of this fact, it appears there is no legal need for the Commission to act on closing the street, rather, it is now the issue of selecting which design for realignment . of the intersection is to be constructed. Responding to Mayor Stueck, the Director of Public Service affirmed that the Montana Department of Transportation's action does not actually close South Third Avenue, but closes its access onto Kagy Boulevard. He further affirmed that the Montana Department of Transportation has approved access points at Greek Way and South 11 th Avenue, on the north side of Kagy Boulevard. Responding to Commissioner Stiff, the Director of Public Service indicated that the issues between the Montana Department of Transportation and the City do not seem to be of the same magnitude as the previous issues about the design of Kagy Boulevard. He stated that the Montana Department of Transportation has forwarded its preference for the cul-de-sac as . designed; however, he suggested they may give favorable consideration to an acceptable alternative. Director of Public Service Forbes asked the Commission for direction so that staff can proceed with designing the project and preparing the bid documents, so that the intersection can be constructed in the Summer of 1997. He noted that if the alternative design is selected, the City must apply to, and obtain approval from, the Montana Department of Transportation 07-01-96 n_....n...____.___ .-....-....---.-.-- ... ---.-. - .-.... - 3 - for a new access onto Kagy Boulevard. He indicated that if the cul-de-sac is approved, the design and preparation of bid documents will be straight forward. Responding to Mayor Stueck, City Engineer Brawner stated that realignment of the intersection and the closure of the north leg of South Third Avenue could be bid as two . separate schedules or bid separately. City Manager Wysocki cautioned that the City will probably obtain a better bid if the entire project is bid at once, particularly since the one schedule would be small. Responding to Commissioner Youngman, the Director of Public Service stated that the estimated costs of providing a one-way slip lane onto Kagy Boulevard from South Third Avenue are $20,000. He indicated that the slip lane would be approximately one-half block east of Greek Way. Commissioner Youngman expressed concern that the proposed alternative is quite costly for the number of vehicles it is anticipated will be served, and it will not dramatically help to alleviate additional traffic on South Willson Avenue. She also noted that traffic will still have the alternative of using Greek Way to access South Third Avenue. . City Attorney Luwe assured the Commission that a decision to not proceed with the closing of the street and installation of a cul-de-sac under this resolution does not preclude the Commission from taking further action on this project; it simply terminates this process. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission not close South Third Avenue at a point between its intersections with South Grand Avenue and Kagy Boulevard by installing a cul-de-sac. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Responding to Mayor Stueck, the Director of Public Service stated that Greek Way is a City street, even though it is located on the MSU campus. . Mr. Rob Bukvich, Montana Department of Transportation, stated that Greek Way is identified as a public access onto a limited control access facility. He noted that Greek Way was constructed as a part of the Kagy Boulevard rebuilding project to which Commissioner Stiff previously referred. Mayor Stueck forwarded his continued interest in some type of access from South Third Avenue onto Kagy Boulevard. 07-01-96 ... ......-- ..-- .--.- ---..------....-.---..-----.--. - - 4 - Commissioner Rudberg stated she does not believe it would be appropriate to begin construction on the realigned intersection this fall, when MSU's fall session is beginning and the public school session is starting, with a new junior high school on South Third Avenue. She suggested that, by delaying construction until next summer, there is adequate time to . consider alternatives for South Third Avenue. She then forwarded her strong interest in having a traffic signal installed in conjunction with realignment of the intersection, stating that four~ way stops are inappropriate. She noted that delaying the realignment of the intersection will allow time for traffic studies after the schools open, to provide an accurate picture of traffic flows with the new middle school. Commissioner Stiff forwarded his concern about closing streets. He then indicated his concurrence with Commissioner Rudberg's comments. Commissioner Youngman stated that delaying the construction of the realigned intersection makes sense. She also forwarded her support for signalization of the intersection, although she is concerned that, with straightening the intersection and installing traffic signals, the amount of traffic on South Willson Avenue, which is designated as an historic area, will . increase. She indicated her interest in calming the traffic on South Willson Avenue, to ensure that the negative impacts of the additional traffic are minimized. She stated her willingness to close South Third Avenue, and she is concerned about the expense of an access that would serve few and possibly create some safety problems. Responding to Mayor Stueck, Director of Public Service Forbes stated that South Third Avenue cannot be moved far enough west to allow for two lanes, stating that a one-lane format is the only alternative to complete closure. He then indicated that if the Commission so directs, staff will work with the Montana Department of Transportation in an effort to provide some type of access from South Third Avenue onto Kagy Boulevard. Each of the Commissioners indicated a willingness to look at alternatives. . Director of Public Service Forbes stated that, with that direction, staff will proceed with designing the project; and it will not be brought back to the Commission unless problems are encountered. He indicated that staff will keep the Commission informed of the process. 07-01-96 - 5 - Decision - variance from Table 18.65.050.B. - Daum Industries for Main Mall - allow no more than 266 SQuare feet of signage oer tenant to be visible from one vantaae ooint - 39.46-acre tract known as Main Mall Annexation (2825 West Main Street) (C-9512) This was the time and place set for the decision on the variance from Table 18.65.050.B. of the Bozeman Municipal Code, as requested by Daum Industries for the Main . Mall under Application No. C~9512, to allow no more than 266 square feet of signage per tenant to be visible from one vantage point. The subject 39.46-acre tract is known as the Main Mall Annexation and is located at 2825 West Main Street. The City Manager reminded the Commission that the public hearing on this application was held on December 4, 1995; and on December 18, 1995, the Commission voted to table the decision to July 1, 1996, in anticipation that the zone code amendment pertaining to signage for malls would have been enacted. He further reminded the Commission that the draft revised sign code was presented at last week's work session; and later in this meeting, staff will be directed to begin processing that proposal through the zone code amendment process. He suggested that, since the Commission delayed this decision pending a zone code amendment, it would be appropriate to continue holding the decision until October 7, 1996, . or until after the amended sign code becomes effective, whichever occurs first. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission delay the decision on this application until October 7, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Decision - COA with exemotion from Chaoter 18.65. Bozeman Municioal Code. to allow existing freestanding sign to remain on a oortion of NE~. NE~. Section 12. T2S. R5E. MPM. and lot 1 and west 15 feet of Lot 2. Rearrangement of Border Tract 13 - Frontier Pies. 302 North 7th Avenue (Z-95143) This was the time and place set for the decision on the Certificate of Appropriateness with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Frontier . Pies, under Application No. Z-95143, to allow the existing freestanding sign to remain on a portion of the northeast one-quarter of the northeast one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, and Lot 1 and the west 15 feet of Lot 2, Rearrangement of Border Tract 13. The subject site is more commonly located at 302 North 7th Avenue. 07-01-96 .-------- ---------., -- --.. ,..-.... ........- - 6 - City Manager Wysocki reminded the Commission that public hearing on this application was opened at the December 18, 1995, Commission meeting and continued to the January 8, 1996, Commission meeting at the applicant's request. He further reminded the Commission that, following that public hearing, the Commission voted to hold the decision in . abeyance until July 1, 1996, in anticipation that revisions to the sign code would be complete by that date. He suggested that, since the Commission held this decision in abeyance pending a zone code amendment, it would be appropriate to continue holding the decision until October 7, 1996, or until after the amended sign code becomes effective, whichever occurs first. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission hold this decision in abeyance until October 7, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Reauest for reconsideration of Condition No. 12 for approval of preliminarv plat - R.R. Nelson - subdivide 28.0 acres into 64 lots. consistina of 62 townhouse lots. 1 multi-family lot and 1 commercial office - SE v.... Section 10. T2S. R5E. MPM (northwest corner of intersection of . Fowler Avenue and US Highwav 191) (P-9504) Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated June 14, 1996, forwarding a letter from Kerin and Associates, dated June 3. Assistant Planning Director Arkell stated that the subdivision, which was originally called the "R.R. Nelson Planned Unit Development" has now been named the "Parkway Plaza". She noted that the property owner has requested that Condition No. 12 for approval of the preliminary plat, which states "The proposed signal at the intersection of Fowler Avenue and US 191 shall be designed by a Montana licensed engineer prior to final plat approval" be deleted. She forwarded the rationale for that request, noting that the Montana Department of Transportation has confirmed that it is doubtful a signal will be warranted at the intersection . of Fowler Avenue and US Highway 191 in the near future, particularly with the pending installation of a traffic signal at the intersection of Ferguson Avenue and US Highway 191. The Department has further confirmed that if a design is not implemented within a short period of time, it becomes obsolete and, therefore, cannot be used. The developer has indicated that, 07-01 ~96 .....-.---.. --.-- ----- - 7 - while he recognizes the need to mitigate impacts from his development, he does not wish to spend money unwisely. Assistant Planning Director Arkell forwarded staff's suggestion that, rather than eliminating Condition No. 12, the Commission require the developer to participate in the . installation of the traffic signal at the intersection of Ferguson Avenue and US Highway 191. She noted that, just prior to this meeting, she received a letter from the developer's representative, offering to pay $9,000 toward that traffic signal. She indicated that if the Commission decides to reconsider this condition, staff will provide additional information regarding financial participation in this traffic signal. City Attorney Luwe stated that, if the Commission decides to reconsider this condition, it may either direct the City-County Planning Board to conduct the public hearing on the reconsideration, it or may choose to conduct the public hearing prior to making a decision. He then asked the Commissioners to make a determination on whether the applicant should bear the costs of advertising and notifying adjacent property owners or if the City will absorb those costs. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission reconsider Condition No. 12 for approval of preliminary plat requested by R.R. Nelson, under Application No. P-9504, to subdivide 28.0 acres located in the southeast one- quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into 64 lots, consisting of 62 townhouse lots, 1 multi-family lot and 1 commercial office lot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Mayor Stueck stated he feels the Commission should conduct the public hearing, rather than referring it back to the City-County Planning Board. . Commissioner Youngman forwarded her interest in receiving input from both the Planning staff and the City-County Planning Board before making a decision. Responding to Mayor Stueck, the City Attorney stated that the Commission may solicit input from the City-County Planning Board even if the Commission chooses to conduct the public hearing. 07-01-96 - 8 - City Manager Wysocki stated that he received a copy of Mr. Kerin's letter, to which the Assistant Planning Director referred, just prior to the Commission meeting. He noted that in that letter, Mr. Kerin also addresses Condition No. 15a., which is connected to Condition No. 12 because it pertains to a special improvement district for installation of the subject traffic . signal. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission authorize and direct staff to schedule a public hearing before the City Commission, ask staff to solicit input from the City-County Planning Board, and require the applicant to bear the costs of advertising and notification of the public hearing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Conditional Use Permit - Ileana Indreland and Michael W. Delanev for Bozeman Athletic Club West - allow develoDment of a 73,000-sQuare-foot athletic club serving alcoholic beverages on Tracts A and B, COS No. 1872, and Tract 2, COS No. 1846 (8601 Huffine Lane) (Z-9643) This was the time and place set for consideration of the Conditional Use Permit . requested by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application No. Z-9643, to allow development of a 73,000-square-foot athletic club serving alcoholic beverages on Tracts A and B, Certificate of Survey No. 1872, and Tract 2, Certificate of Survey No. 1846. The subject parcel is more commonly located at 8601 Huffine Lane. Associate Planner Chris Saunders presented the staff report. He stated that this conditional use permit is actually for two different conditional uses within the BP, Business Park, and R-O, Residential--Office, districts. The first is to allow a health establishment to be constructed on a 12.85-acre artificial lot within the subject 135 + -acre site; and the second is to allow the sale and consumption of beer and wine in the restaurant. The Associate Planner stated that the City-County Planning Board conducted the . public hearing on this application at its June 18 meeting. Following consideration of the six criteria for review of a conditional use permit, review of the staff's comprehensive findings, as contained in the written staff report, and public testimony, the Planning Board forwarded its recommendation for approval, subject to 23 conditions. The Associate Planner reviewed the application, noting that the subject parcel is to be served by a curvilinear alignment of Fallon Street. He stated that the applicant had proposed 07-01-96 - 9 - private drives; however, staff has recommended that, while the streets may be private, they should be located on public easements or rights-of-way. Staff has also recommended that Fallon Street be extended to Cottonwood Road, on an easement across a strip not owned by the applicant. He indicated that the Planning Board has concurred with those . recommendations, as reflected in the proposed conditions for approval. He indicated that the development is to be served by a private septic system constructed on the parcel immediately to the west of the artificial lot. The Associate Planner briefly highlighted the proposed development, noting that a 73/000-square-foot building containing a variety of exercise areas and accessory uses is proposed as well as several outdoor features, including a swimming pool, tennis courts and jogging track. In addition, the necessary parking and landscaping are to be provided for this facility, based on the 12.85 acres contained in the artificial lot. He noted that the developer's plans included the installation of a fence around the complex, with gates at the access points. Since the street is to be located on a public right-of-way, staff and the Planning Board have disallowed the gates because of the potential problems they could cause for emergency . vehicles. The Associate Planner noted that the applicant has proposed on-site water and sewer services. He reminded the Commission that the developer has also applied for annexation; and one of the recommended conditions of approval requires re-examination of this project if the annexation is approved, to ensure that the water and sewer lines installed with this development are in conformance with City standards. Mr. Mike Delaney, applicant, stated that he generally concurs with the staff report. He noted, however, that he is concerned about staff's recommended Condition No.6, although he has no problem with providing the necessary street rights~of~way. He noted that the proposed athletic club is to be located in the middle of what is currently a field on the "Delaney . Ranch", and is to be served by private water and sewer systems. He recognized that further development of the remainder of this property may not occur for several years, particularly in light of other property around the community which is currently ready for development. Mr. Delaney stated that the athletic club has been designed with the entire family in mind, including handicapped accessibility. He indicated that the gates had been proposed because the facility will be attractive and, with the outdoor pool, could be considered an 07-01-96 - 1 0 ~ attractive nuisance. He stated that the proposed gates could be locked when the business is closed at night, thus reducing potential problems. Mr. Delaney stated that access was originally anticipated from US Highway 191 and Fallon Street from Ferguson Road. Staff and the Planning Board has added a condition that . Fallon Street be extended to Cottonwood Road, on the 60~foot-wide dedication which has been granted. He cautioned the Commission that the 60-foot-wide easement may not be immediately available since the 20-acre parcel lying between his parcel and Cottonwood Road is currently the subject of litigation. He asked that if the easement is acquired and if the City requires him to extend Fallon Street across the 300-foot strip, he be granted a payback for that portion of the roadway. Mr. Mike Delaney turned his attention to Condition No. 12, as contained in the staff report. He asked that the language be changed to read "No building A,98,Y,P~P9Y permits will be issued prior to completion and acceptance of the public infrastructure improvements." He expressed concern that. while reviews from the City-County Planning Office and the Building Inspection are completed in a timely manner, reviews from the Engineering Office have been . very slow; and he does not want issuance of his building permit delayed for that reason. Mr. Delaney stated his willingness to participate in the costs of the traffic signal at the intersection of Ferguson Road and US Highway 191, as required under Condition No. 14. He asked, however, that the condition be revised to require that the City provide him the necessary documentation for that condition within two weeks of approval of this application, to ensure that no delays are encountered in obtaining the building permits. Responding to Commissioner Stiff, Mr. Delaney affirmed that he plans to expend an estimated $ % million on private water and sewer services for the proposed athletic club. He recognized, however. that annexation has been requested and that this parcel represents a natural extension of the city limits. He then stated he does not want to construct a private . system only to have the property annexed shortly thereafter, with the requirement that City services be used, thus making the systems no longer usable. Responding to Mayor Stueck, Mr. Delaney stated he has no problem with the City separating the conditional use permit for serving of alcoholic beverages from the conditional use permit for the health club. 07-01-96 - 11 - At Commissioner Youngman's request, Associate Planner Chris Saunders addressed the issues raised by Mr. Delaney. He recognized that if there is no legal easement across the property to the west, then it may not be possible to require the extension of Fallon Street to Cottonwood Road. He encouraged the Commission to consider whether it feels more cross . streets should be required across this property as it develops, to ensure an adequate transportation grid as this area grows. He noted that since the land is currently undeveloped, now is the time to identify that grid. He then indicated that, under Condition No.6, as proposed, flexibility has been provided for constructing a street which allows for an alternative design which preserves the integrity of a public access while allowing for maximizing its attractiveness. He noted that the access from US Highway 191 is a private road. The Associate Planner noted that under State regulations, the outdoor pool area must be fenced. He once again forwarded staff's position that gates should not be allowed across public rights-of-way, particularly because of their negative impact on emergency vehicles. Associate Planner Saunders turned his attention to Condition No. 12, suggesting that the applicant's concerns are adequately addressed in the first sentence of that condition. He . further noted that this is a standard condition. He also indicated that the agreement required under Condition No. 14 is a standard agreement and can be prepared within a short period of time; therefore, it should create no delays for the applicant. City Attorney Luwe cautioned that the conditions of approval for a conditional use permit should not place requirements on the City. He indicated that if the applicant encounters problems with processing specific documents or plans, then he should take those problems to the City Manager. Responding to the City Manager, Assistant Planning Director Debbie Arkell stated the City has a high success rate on requiring occupancy permits before people are allowed to move into their buildings. . Responding to Commissioner Youngman, Associate Planner Saunders stated that in this instance, the application for the conditional use permit was filed before the application for annexation was filed. He indicated that, under Condition No.1, as recommended, if the property is annexed, the Development Review Committee must review the application and modify existing conditions or add conditions to ensure City water and sewer services can be provided to the site. 07-01-96 ,,- ---.--..- . -----., ---..-- ........--- - 12 - Responding to Commissioner Youngman, City Attorney Luwe stated that if the Commission determines that a septic system could endanger the public health, safety and welfare, it may require that the subject property be annexed and served by City sewer prior to allowing development. . Responding to Mayor Stueck, the Associate Planner stated that the annexation application will be scheduled for public hearing before the Commission in August. Commissioner Stiff expressed concern that the subject parcel is nearly 1,4 section in size, and there have been discussions about development of the property to the north, which is substantially larger. He noted that in other areas of the community, the entire undeveloped area is being carefully considered before an individual project is approved; and he feels that is a process which should be considered for this site as well. He expressed concern about allowing the development of a health club in the middle of a grain field without first looking at development of the entire area. Responding to Mayor Stueck, Associate Planner Saunders stated that, while the Commission is considering a proposal to construct a health club on just over 12 acres, it is also . considering the entire 136 + -acre site because access and dedication of rights-of-way are involved. Responding to Commissioner Stiff, Assistant Planning Director Arkell stated that the sewer service boundary is located along the swale on the east side of the proposed health club site, and the proposed health club lies outside the boundary. She cautioned that is one issue which must be carefully considered during the annexation process. Commissioner Stiff reiterated his interest in reviewing a master plan for development of all the vacant property lying between Ferguson Road and Cottonwood Road and US Highway 191 and Durston Road. He noted that a portion of this property is located outside the sewer service boundary, and the impacts of development within that boundary on the sewer system . could affect how other properties are developed. Responding to Mayor Stueck, City Attorney Luwe stated the subject property has already been zoned for urban development. He then cautioned that there is not anything in the zone code that would require the applicant to provide a master plan for development of the entire parcel in conjunction with this conditional use permit. 07-01-96 -- ..-- --- _u __.._____._____n....__ n__ --... - - 13 - Commissioner Youngman stated she feels it is important to know whether the right- of-way exists for the extension of Fallon Street to Cottonwood Road, since the road system is a critical issue. She then forwarded her interest in delaying the decision on the serving of alcoholic beverages until after the State has made its decision, since approval of this application . could give this applicant an advantage over other applicants, such as Cafe Internationale. City Manager Wysocki encouraged the Commissioners to delay their decision on this application for two weeks, to allow staff to look at the issue of extending Fallon Street to Cottonwood Road, the concerns about conditions, as raised by Mr. Delaney, and extension of sewer services to the subject property. He noted that, since staff has indicated the two conditional uses can be separated, the decision on the serving of alcoholic beverages may be delayed until after the State has made its decision. Responding to Mayor Stueck, the City Attorney stated there is no time limit on making a decision on a conditional use permit application. Mr. Delaney forwarded his interest in beginning the project this construction season, if possible. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission delay its decision on this conditional use permit application until the July 15 meeting, to allow staff an opportunity to research the issues raised. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Ordinance No. 1424 - amending Sections 18.26.020.B. and 18.38.020. B.. Bozeman Municipal Code. to allow golf courses and driving ranges as conditional uses in R.O and BP districts and to allow health clubs as conditional uses in R-O districts (Z-9527) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1424, as approved by the City Attorney, entitled: . ORDINANCE NO. 1424 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 18.26.020.B. AND 18.38.020.B. TO ALLOW GOLF COURSES, GOLF DRIVING RANGES AND HEALTH AND EXERCISE ESTABLISHMENTS AS CONDITIONAL USES WITHIN THE "R-O" (RESIDENTIALnOFFICE) DISTRICT AND GOLF COURSES AND GOLF DRIVING RANGES AS CONDITIONAL USES WITHIN THE "BP" (BUSINESS PARK) DISTRICT. 07-01-96 ...---- --..-..-- -,,_. - 14 - It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1424, amending the zone code to allow golf courses and driving ranges as conditional uses in the "R-O" and "BP" districts and health and exercise establishments as conditional uses in the "R-O" district. The motion carried by the following . Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. ADDointments to boards and commissions Commissioner Youngman noted that, typically, the Commission delays appointments where there is more than one application when a Commissioner is absent. She encouraged the Commission to follow that procedure at this time, since Commissioner Frost is absent. Commissioner Stiff recognized the Commission's policy. He expressed concern, however, that there are three vacancies on the City-County Planning Board; and the Board is beginning the planning process for the entryway corridors. He then stated that, because of the . Board's heavy workload over the next couple of months, it is important that these positions be filled as quickly as possible. Commissioner Rudberg stated that she has talked to several of the current members who had not responded by the deadline for applications, and all of them have indicated an interest in being reappointed. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission waive its rules, so that it may consider those who have updated their applications after the deadline. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. . ADDointment to City-County Board of Health It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission reappoint Warren L. Jones to the City-County Board of Health, with a three-year term to expire on June 30, 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. 07-01-96 ..- -------.. ---..-.------- ~ 15 - ADDointment to Librarv Board of Trustees It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission reappoint Ronald R. Farmer to the Library Board of Trustees, with a five-year term to expire on June 30, 2001. The motion carried by the following Aye and No vote: those . voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. ADDointments to City-County Plannina Board City Attorney Luwe cautioned that, under State statutes, the Commission is to designate its appointees as either official, citizen or by-laws member; and that has not been done in the past several years. He noted that a major difference between the "official" and the "citizen" appointees is that the official member may hold public office or be an employee of the City while serving on the Board, while a citizen member may not. The City Attorney recommended that the Commission proceed with its appointments . at this time. He then indicated that staff will review the records in an effort to determine in which category each of the current members fits, and forward that information to the Commission. He noted that if the research is unable to establish those categories, then the Commission will be asked to make that determination. He stated that this issue may be placed on the agenda in two weeks, for final Commission action. At Commissioner Youngman's request, the Commission deferred these appointments until the evening session, to allow her an opportunity to contact the applicants. ADDointments to Tree Advisorv Board It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission reappoint Kenneth M. Baker and Shelly Engler to the Tree Advisory Board, with . two+year terms to expire on June 30, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. 07-01-96 --.. .---..-..--- ..- .... .-----.. - --.- .~--_._-_._-- - 16 - ADDointment to Bozeman Beautification Advisory Board ADDointments to Community Affordable Housina Advisory Board ADDointment to Desian Review Board ADDointments to Historic Preservation Advisory Commission It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the . Commission authorize and direct the Clerk of the Commission to readvertise the vacancies on the Beautification Advisory Board, Community Affordable Housing Advisory Board and Design Review Board, and table appointments to the Historic Preservation Advisory Commission until July 15, when a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the fOllowing "For Your Information" items. (1 ) Letter of resignation from the City-County Planning Board, as submitted by . Katherine A. Ball, dated June 28, 1996. (2) Memo from Clerk of the Commission Sullivan, dated June 27, regarding the mid-year evaluation of the City Manager. (3) Note from Vicki Shyne, Den Leader of Weblos Den I, Pack 667, thanking the Commission for their opportunity to attend a Commission meeting. (4) Letter of resignation from the Historic Preservation Advisory Commission, as submitted by Duane David Simon, dated June 23, 1996. (5) Letter from Walker Smith, 311 North Montana Avenue, encouraging the Commission to create a safe pedestrian/bicycle route on North 7th Avenue or North Rouse Avenue. (6) Late submittal regarding the Cafe Internationale application for conditional . use permit. (7) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated July 1, announcing that Sherrel Siegmund, Headwaters Cooperative Recycling Project, will be making a presentation at 7:00 p.m. on Thursday, July 24, in the Community Room of the Gallatin County Courthouse. 07-01-96 - 17 - The City Manager encouraged the City Commissioners to attend this meeting, rather than scheduling a presentation during an upcoming work session. (8) Announcement of a Cemetery Board meeting scheduled for 2:00 p.m. on July 18, in the Conference Room, along with minutes from the May 23 meeting. . (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 2, in the Commission Room. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 2, in the Commission Room. ( 111 Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 2, at the Courthouse. ( 12) The City Manager submitted his weekly report, as follows. (11 Announced that the contractor is beginning improvements to Valley Unit Park. (2) Attended the MMIA committee and board meetings last Thursday and Friday in Helena. (3) Noted that work on the budget continues. (4) Announced that the County has notified the City that approximately $110,700 in property taxes will be placed in escrow. (5) Noted that paving of Highland . Boulevard is near completion. (6) Stated that the Montana Department of Transportation has delayed the opening of bids for improvements to Oak Street from North 7th Avenue to North 19th Avenue to late July. (13) Commissioner Rudberg stated that she attended the training session for planning boards in Livingston last Tuesday, and brought back several reference books for use by the Planning Board members and Commissioners. (14) Commissioner Stiff submitted the following. (1) Attended the economic development committee meeting for Gallatin Valley Tomorrow last week. (2) Attended the Senior Center Board meeting last week. (3) Attended the tour of the 19th Avenue corridor for staff members, City-County Planning Board members and City Commissioners last week. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3127 - authorizina Durchase of road oil and sundry construction sUDDlies from Montana DeDartment of TransDortation for Fiscal Year 1997 07-01-96 . -----.--.---..-..-.- - 18 - COMMISSION RESOLUTION NO. 3127 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE PURCHASE OF ROAD OIL AND SUNDRY CONSTRUCTION MATERIALS FROM THE MONTANA DEPARTMENT OF TRANSPORTATION DURING FISCAL YEAR 1996-1997 ON AN AS NEEDED BASIS. . Authorize City Manager to sian - Technical Assistance Aareement - between Business Services. Inc. and the City of Bozeman - for administration of Community Develocment Block Grant for excansion of Senior Center Authorize Mayor to sign - Letter to Montana Decartment of Transcortation designating Neighborhood Coord inator /Grantscerson Ja mes Goehruna as the City's Environmental CertifYing Official for the 1996 CTEP Enhancement Projects Authorize Mayor to sian - Findinas of Fact and Order - Amended Plat for Vallev Commons Business Park. located on crocerty originally clatted as Lots 4A. 5A and 6A. Block 1. Valley Unit Subdivision. Phase 1 - to modify the note on the face of the clat to cermit access from Lot 1 to Fallon Street (P-9621) Authorize City Manager to sign - Agreement between the City and the Montana Decartment of Transcortation - traffic sianal maintenance aareement for the ceriod July 1. 1996 throuah June 30. 1998 . Authorize and direct staff to croceed with zone code amendments for the sign code. as submitted to the Commission in the memo dated June 20. and acceSSory dwelling units and comcosition of the Desian Review Board and Administrative Review Committee. as submitted to the Commission in the memo dated June 27. 1996 Claims It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, 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 Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Recess - 5:20 p.m. . Mayor Stueck declared a recess at 5:20 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the appointments. Reconvene - 7:00 C.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting 07-01-96 --.---- - 19 - the scheduled public hearings and completing the appointments. Public hearing - COA with deviation from Section 18.32.050. Bozeman. Municipal Code. to allow addition to encroach 15 feet into reauired 15-foot side yard setback on lots 10-19. Block R. Rouse's First Addition - City of Bozeman for 34 North Rouse Avenue (Z-9646) . This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by the City of Bozeman, under Application No. Z-9646, with deviation from Section 18.32.050 of the Bozeman Municipal Code, to allow an addition to encroach 15 feet into the required 15-foot side yard setback on Lots 10 to 19 of Block R, Rouse's First Addition. The subject property is more commonly located at 34 North Rouse Avenue. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that under this application, a 13-foot by 21-foot addition is proposed on the north side of Fire Station No. 1, to accommodate a "clean room". This addition would encroach entirely into the 15-foot corner side yard on East Mendenhall Street. The purpose of the "clean room" is to remove . contaminants on people who have encountered them in spills or firefighting situations. He indicated that a possible enclosed display area for the antique firefighting apparatus which was previously displayed at the Museum of the Rockies is also proposed. The exterior of the "clean room" addition is to be brick and dryvit, to ensure its compatibility with the existing brick structure, and the display area would be glass. He noted that the display area, if constructed, will have an angled wall on the west side to ensure it does not encroach into the site triangle. The Associate Planner stated that, following its review of this application, the Planning staff forwarded a recommendation for approval, subject to six conditions. The Design Review Board considered this application at its June 11 meeting. Following review of the application and the staff report, the Design Review Board found that the application did not . qualify for deviations as stipulated in the zone code, since deviations are to be used for restoration or rehabilitation of existing buildings which contribute to the overall historic character of the community. On that basis, the Board has forwarded a recommendation for denial of the application. Mr. Jeff Downhour, PLACE Architecture, reviewed the Design Review Board's reasons for determining that this application does not qualify for the deviation process, which generally 07-01-96 - 20 - revolved around their position that the addition does not contribute to the renovation of an historic structure. He noted that, on that basis, a non~historic building in a conservation overlay district cannot be granted a deviation; and he does not believe that is the intent of the zone code. He recognized that if the Commission concurs in the Design Review Board's . recommendation, the variance process is still available. Mr. Downhour stated that when plans for remodeling of the old police station portion of this building were begun, the "clean room" was to be located inside the building. He stated, however, that since the "clean room" must be available to all City employees who become contaminated through a spill or a fire, it was important to locate the "clean room" where people were not required to walk through the fire station. On that basis, other areas on the exterior of the building where the addition could be constructed with minimal disruption to the site were considered. He briefly highlighted those areas, concluding that an addition on the north side of the building was the only reasonable alternative. He stated that this site meets the requirements for the "clean room", which include quick and easy accessibility without the potential of becoming confused with other entrances to the building. He also stressed the . importance of having the "clean room" where access will not be obstructed by other vehicles. Mr. Downhour recognized that this addition will result in the elimination of approximately 240 square feet of existing grass on the site; and one of the trees must be relocated. He noted, however, that the north side of the building is not particularly attractive, since it is a tall wall; and this small one-story addition would help to break that expanse. He stated that, since the style of the existing building is very simple, the addition is also simple and straight forward. Fire Marshal Chuck Winn stated that the "clean room", which is federally mandated, must be in a location which is easily accessible to all City employees. He also noted that it must have an outside access, to ensure that a contaminated individual does not contaminate . the fire station by walking through it. He noted that the "clean room" is designed so that someone who is contaminated may enter it, remove the contamination and exit clean. He indicated that, after review of the existing site, this is the only logical place for the addition and encouraged Commission approval. Responding to Commissioner Rudberg, the Fire Marshal stated that the "clean room" will be available to the entire community, not just City employees. 07-01-96 --------..-- __._......_._ _.n____ -- --- - 21 - City Manager Wysocki stated that City staff considered a number of potential sites for the "clean room", and Fire Station No.1 seemed to be the most logical location with the fewest potential problems. Ms. Sandra Smiley, 618 South 14th Avenue, stated that when she worked at the old . Bozeman Deaconess Hospital, she watched Fire Department personnel hose people off in an area outside the emergency room. She encouraged the Commission to approve this deviation for the "clean room", noting that people deserve a better method of removing contamination. Mayor Stueck suggested that the foundation of the "clean room" addition, which will be adjacent to the sidewalk, be sandblasted, to enhance its appearance and make it more compatible with the remainder of the addition. Mr. Downhour recognized the benefit that sandblasting the foundation would have on the overall appearance of the addition. Responding to Commissioner Rudberg, Associate Planner Patterson stated that, as long as the street trees are not located within the sight triangle, they are an asset rather than a problem. He also indicated that, with minor modifications, the existing sign in front of the . building can be brought into compliance with the sign code. Further responding to Commissioner Rudberg, Mr. Downhour stated that climbing vines have been proposed on the south side of the existing building to create a more attractive wall. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg indicated her support for this deviation, noting that it allows for compliance with mandates and ensures the health and safety of the public. She also noted that, if this application were submitted by a private individual, she would support it. . Mayor Stueck stated his concurrence with Commissioner Rudberg's comments, stressing the importance of recognizing this as a safety issue. Commissioner Youngman recognized the reasoning forwarded by Commissioner Rudberg and Mayor Stueck. She then stated that, based on the information contained in the staff report, she feels the requested deviation is appropriate. 07~O1-96 -....----..---.- - 22 - It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Certificate of Appropriateness, as requested by the City of Bozeman, under Application No. Z-9646, with deviation from Section 18.32.050 of the Bozeman Municipal Code, to allow an addition to encroach 15 feet into the required 15-foot side yard . setback on Lots 10 to 19 of Block R, Rouse's First Addition, subject to the following conditions: 1. The facade of the proposed clean room and display area shall be modified to be more compatible with the existing building as directed by the Design Review Board; 2. Additional landscaping shall be provided around the clean room and display area as directed by the Design Review Board. Two street trees shall be located in the boulevard area along West Mendenhall Street -- at the corner of the intersection sight triangle and at the corner of the east parking lot driveway; 3. Climbing vines (other than English Ivy) shall be provided at the bases of the trellises on the south side of the annex building to provide additional landscaping and add interest to the facade; 4. The new and existing signs for the building shall be in conformance with the Bozeman Sign Code; . 5. The trash enclosure shall conform to Planning Office standards; and 6. All conditions shall be addressed and met on the final plan submittal. The Planning Office shall review and approve the submittal as directed by the Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearing - COA with deviation from Sections 18.24.050 and 18.24.030. Bozeman MuniciDal Code. to allow addition to encroach 7 feet into reauired 20-foot rear yard setback on lot which is small than the 6.600-sQuare-foot minimum - lots 1. 2 and north Va of lot 3, Block 52. West Park Addition - Michael and Katv Derzav for 703 South 10th Avenue (Z-9647) This was the time and place set for the public hearing on the Certificate of . Appropriateness, as requested by Michael and Katy Derzay, under Application No. Z-9647, with deviations from 18.24.050 and 18.24.030 of the Bozeman Municipal Code, to allow an addition to encroach 7 feet into the required 20-foot rear yard setback on a lot which is smaller than the 6,600~square-foot minimum of lots 1 and 2 and the north % of Lot 3, Block 52, West Park Addition. The subject property is more commonly located at 703 South 10th Avenue. 07-01-96 -- ---. -..- - 23 - Mayor Stueck opened the pUblic hearing. Associate Planner Dean Patterson presented the staff report. He stated that under this application, the existing garage is to be demolished and a second dwelling unit is to be constructed on the subject property. He noted that, since the existing dwelling unit is to be . attached to the new dwelling by an extended roof, the result is converting a single~family residence to a duplex. The Associate Planner noted that the existing building is quite simple, and the proposed building is equally simple. He stated that four parking spaces must be provided for the duplex, with those spaces being paved and identified. He noted that two of the parking spaces will be accessed from West Alderson Street, and the other two parking spaces will be parallel to the alley. Associate Planner Patterson stated that two deviations are being requested. The first is to allow the new unit to encroach 7 feet into the 20-foot required rear yard setback and to allow the northernmost alley parking space to encroach 7 feet into the required corner side yard. The second deviation is to allow a duplex to be constructed on a 6,417-sQuare-foot lot, . which is 2.7 percent smaller than the minimum 6,600-square-foot lot size allowed under the zone code. The Associate Planner stated that staff has reviewed this application in light of the criteria established for review of deviations, and the staff's comprehensive findings are contained in the written staff report which has been submitted to the Commission. He noted that staff has found the application is generally compatible with the existing house and the neighborhood. He stated that the Design Review Board considered this application and staff findings at its June 11 meeting. Following that review, the Design Review Board generally concurred with the staff findings and forwarded its recommendation for approval, subject to eight conditions to ensure a design quality which warrants the requested deviations. . Mr. Michael Derzay, applicant, stated that problems exist with the existing garage on the site. He noted that the flat roof has continual leaking problems; the steep slope to access creates a hazardous situation in winter; and the concrete driveway is also buckling. He indicated that, after considering a number of ideas, the proposed configuration seemed to be the best. 07-01-96 - -- ._-,---- --.--- - 24 - Mr. Derzay recognized that deviations are to be accompanied by superior design. He recognized that the existing structure is quite simple, and he felt it would be better to match that style than to construct a more elaborate structure. Mr. Derzay stated that the siding on the existing house is painted cedar shakes, and . a couple of those shakes need to be replaced. He stated it is his intent to salvage some of the shakes from the existing garage when it is demolished, so the broken shakes on the house can be replaced. He indicated his willingness to reroof the existing dwelling unit when the new unit is constructed, recognizing that the old roof needs to be replaced. He also forwarded his intent to repair the damage to the soffit and facia on the existing house. Responding to Commissioner Rudberg, Mr. Derzay stated the existing dwelling unit has five bedrooms, and the new unit will also have five bedrooms. Responding to Commission Rudberg, Associate Planner Dean Patterson stated that under the zone code, 2.25 parking spaces are required per apartment, regardless of the number of bedrooms. He recognized that under this application, only four parking spaces are required for ten bedrooms. He indicated that this subject property is located within the MSU Residential . Parking District; therefore, any resident of this unit wishing to park on the street must obtain a parking permit. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg forwarded her concern about the potential impact that this site might generate on surrounding properties, particularly in light of the ratio between bedrooms and parking spaces. Mayor Stueck indicated that if the color scheme required under Condition No.4 is for information purposes only, he has no problem with it. He noted, however, that if approval of the final plan hinges on the color scheme proposed, he cannot support it. . Associate Planner Patterson responded that the condition ensures that different colors are used to create an attractive project, rather than having all surfaces painted the same color. Commissioner Stiff forwarded his concern about approving another five-bedroom unit on this site, characterizing it as overbuilding the site. He expressed concern that, given its location, the dwelling unit will probably be rented by college students; and impacts on the neighborhood could be significant. 07-01-96 -----..-. - ----------.-- - 25 - It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness, as requested by Michael and Katy Derzay, under Application No. Z-9647, with deviations from 18.24.050 and 18.24.030 of the Bozeman Municipal Code, to allow an addition to encroach 7 feet into the required 20+foot rear . yard setback on a lot which is smaller than the 6,600-square-foot minimum of lots 1 and 2 and the north 1/3 of Lot 3, Block 52, West Park Addition, subject to the following conditions: 1. The entrance gable on the new dwelling shall be enlarged to cover the porch and provide a stronger sense of entry. The louver vent shall be enlarged appropriately. The covered porch shall include a support column on the corner of the overhang; 2. The siding shall be extended to cover as much of the foundation as possible and shall be appropriate; 3. Both dwellings shall be re-roofed. Roof eaves shall be repaired to a standard to match the eaves of the new dwelling; 4. A multi-hued color scheme shall be provided on the final plan submittal; 5. Additional landscaping elements shall be provided at the northeast corner of the lot and the northeast corner of the driveway. All . landscaping within sight triangles shall be less than three feet high at maturity; 6. The proposed north-side stairway shall be enclosed. If used for storage, the door shall be hidden or inconspicuous; 7. All parking stalls shall be paved. Parking stalls shall be assigned to either of the two dwellings. One parking stall off the street and one parking stall off the alley shall be provided to each dwelling unit, or a separate deviation will be required; and 8. All conditions shall be met and shown on the final plan submittal. The Planning Office shall review and approve the submittal as directed by the Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Stiff. . Accointments to City-County Planning Board It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission reappoint Richard J. McConnen to the City-County Planning Board, with a two+ year term to expire on June 30, 1998. The motion carried by the following Aye and No vote: 07-01-96 ---.--.-.------.- - 26 - those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission appoint Sandra Lee Smiley to replace Frank Boschi on the City-County Planning . Board with a two-year term to expire on June 30, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Commissioner Rudberg nominated Bill Mitchell. Commissioner Youngman nominated Bill Locke, noting he is well qualified and has served on numerous boards. Following the nomination process, it was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that William G. Mitchell be appointed to replace Katherine Ball on the City-County Planning Board, with a term to expire on December 31, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Commissioner Youngman . abstained. Adjournment ~ 7:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. cDun t~~ DON E. STUECK, Mayor . ATTEST: /2~s1:~ Clerk of the Commission 07-01-96