Loading...
HomeMy WebLinkAbout1994-09-06 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 6, 1994 ***************************** e The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 6, 1994, at 3:00 p.m. Present were Mayor Vincent (for the afternoon session), Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost (arrived at 3:05 p.m.), City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Vincent deferred action on the minutes for the regular meetings of August 1, . August 8, August 15, August 22 and August 29, 1994, to a later date. Preliminary clat review - Ken Burnham for Roaer Smith - Durston Meadows - subdivide 30.416 acres located in the SE%. Section 2. T2S. R5E. MPM into 146 residential. single-familv lots alona the north side of Durston Road. west of the Emily Dickinson elementary school (P-9437) This was the time and place set for review of the preliminary plat for Durston Meadows, as requested by Ken Burnham for Roger Smith under Application No. P-9437, to allow for subdividing of 30.416 acres located in the Southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, into 146 residential, single-family lots. The subject site is located along the north side of Durston Road, west of the Emily Dickinson Elementary School. Assistant Planner Lanette Windemaker presented the staff report. She stated that . under this application, the applicant has requested approval to subdivide the subject parcel, which is zoned R-3, Residential--Medium-density, into 148 residential lots. The property is located along the north side of Durston Road, essentially between North 25th Avenue extended and the alignment for North 27th Avenue. This parcel is one of the large parcels in the Annie Subdivision, Phase II, which was designed to be later subdivided for development. 09-06-94 - 2 - The Assistant Planner stated that the lots are to range between 5,100 square feet and 7,600 square feet. The property is to be developed as single-family residential; and is designed for manufactured or modular homes. The Assistant Planner stated that access to this subdivision is to be via Durston Road e and then either North 25th Avenue or North 27th Avenue, with future access to Oak Street when it is completed. The applicant has proposed to construct North 27th Avenue within the existing right-of-way on this parcel. The City staff has found that proposal unacceptable and is, instead, proposing that the applicant be required to improve the road to a full collector standard. Assistant Planner Windemaker stated that this subdivision is to be developed in seven phases. She noted that this parcel lies within the sewer service area; and there is adequate sewer capacity to serve the property. Also, an adequate water supply is readily available to serve this proposed subdivision. The high groundwater which exists in this area must be noted on the plat. The Assistant Planner noted that the subject parcel was annexed fourteen years ago. I Although the parcel is currently being farmed, it is zoned for residential development; and the master plan land use designation is urban residential infill. The Assistant Planner stated that staff has reviewed this application in light of the five criteria set forth in the Montana Code Annotated; and detailed findings are contained in the written staff report, which has been submitted to the Commission. She then highlighted those findings, concluding that staff has forwarded a recommendation for approval, subject to 20 conditions. She stated that, following its public hearing held on August 16, the Planning Board forwarded its recommendation for approval of the application, subject to 21 conditions. She then stated that in her memo of September 1, she has proposed an addition to Condition No. 12. Responding to Commissioner Stueck, the Assistant Planner stated that the high . groundwater on this subject parcel seems to be the result of irrigating of farmland. Further responding to Commissioner Stueck, the Assistant Planner stated that North 25th Avenue is designated as a local street while North 27th Avenue is designated as a collector street. She then stated that, due to the seven-year moratorium on cutting new street pavement, the developer may wish to install all water and sewer lines within the street right-of- 09-06-94 . .-. ------..--.----.--- ..-.- .-.-..-.-.- .----------.- --.------ - 3 - way prior to paving of the streets, even though development of the subdivision is to occur in seven phases. Responding to Commissioner Stueck, Assistant Planner Windemaker stated that the property to the west of the subject parcel is in probate at the present time and, because of the . uncertainty 01 being able to acquire right-ol-way along the edge 01 that parcel, staff is supportive of relocating North 27th Avenue so that it lies wholly on the subject parcel, curving back onto its proper alignment on the section line when the right-of-way is available to do so. Commissioner Stueck stated that in Condition No. 15, he would like to have a statement added which states the "Plans and specifications..., prepared by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer. " He emphasized the importance of this addition in light of the number of people moving to Montana who are practicing without a Montana license. Responding to Commissioner Stueck, Assistant Planning Director Arkell stated that, even though this subdivision is to be served by City water and sewer services, the application must be reviewed and approved by the Montana Department of Health and Environmental I Services Water Quality Bureau under the Subdivision Program. She noted this is a separate program from the reviews for wells and septic systems. Responding to Commissioner Frost, Assistant Planner Windemaker stated the applicant is to install North 25th Avenue. Commissioner Frost noted that this issue is not specifically spelled out in the conditions and requested that it be added to ensure that no questions arise. Responding to Commissioner Youngman, the Assistant Planner noted that the applicant had initially proposed roads which do not meet City standards, in an effort to create an affordable subdivision. She stated that there was nothing included in the application which reflected the applicant's intent to earmark this as an affordable housing project; and staff has recommended that City standard streets be provided. . In response to Commissioner Staff, City Manager Wysocki briefly highlighted Director of Public Service Forbes' memo, dated September 6. He stated that Condition No.7 provides for a payback for half of the North 27th Avenue improvements when the property to the west is developed. He noted that this memo reflects staff's concerns about the administrative problems that can arise when attempting to identify those who benefit from a street 09-06-94 . -- . --,.~--- .----.---- - 4 - improvement, which is substantially more difficult to establish than those who benefit from a water or sewer main extension. He then cautioned the Commission that each payback agreement involves a certain amount of administration, and with more payback provisions being attached to approvals, the amount of administration is increasing. He noted that since these e provisions are difficult to track, they sometimes fall through the cracks. City Attorney Luwe stated he feels the language in the last sentence of Condition No. 7 is inappropriate because it places a requirement on the City for approval of a preliminary plat. He noted that the conditions are designed to place requirements on the applicant for approval of the preliminary plat; therefore, any payback provision should be addressed under a separate Commission action. He then recommended that the last sentence in Condition No. 7 be stricken. Commissioner Youngman noted the applicant has estimated that homes in this subdivision will cost $70,000, which is substantially lower than any other new housing in the community. She then suggested that the issue of paybacks should be considered in exchange for guaranteed affordability, recognizing that is a policy discussion which must be conducted . prior to implementation. Commissioner Frost suggested that narrower streets might also be considered in such a discussion. City Manager Wysocki reminded the Commissioners that they must consider this application in light of existing rules and regulations. Commissioner Stueck noted that, with realignment of North 27th Avenue, fourteen lots will be lost; and the potential for affordable housing units is jeopardized. He stated that, because of the potential difficulty in obtaining the additional right-of-way needed for the installation of North 27th Avenue, he feels it is appropriate to provide for the realignment. Mayor Vincent stated that he will support this application because the development is to occur in seven phases, over a period of years. He noted the projected impact on the . schools is an additional 62 students, which will compound overcrowding problems if new schools are not constructed before full development of this subdivision. Mayor Vincent then stated he does not believe that West Oak Street and North 19th Avenue will necessarily be completed by the time development in this subdivision begins, which could further compound traffic problems on Durston Road. 09-06-94 - 5 - It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approved the preliminary plat for Durston Meadows, as requested by Ken Burnham for Roger Smith under Application No. P-9437, to allow for subdividing of 30.416 acres located in the Southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal . Meridian, into 146 residential, single-family lots, subject to the following conditions: 1 . That the final plat shall conform to the uniform standards for Final Subdivision Plats, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate; 2. The following notes shall be added to the plat: a) Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full or daylight basements be constructed; and b) Land use shall be restricted to single family dwelling units only; 3. That the County Weed Control Officer approve a Weed Control Plan for the s'ubdivision, and a signed copy of the plan be submitted to the Planning Office prior to final plat approval; 4. A "no access" strip along the Durston Road frontage of all lots in Block 1 must be provided; . 5. A 5-foot-wide sidewalk along Durston Road must be constructed in its standard location prior to final plat approval; 6. This plat shall dedicate the full 65-foot right-of-way for North '27th Avenue adjacent to this property; 7. North 27th Avenue shall be fully improved to City collector standards adjacent to each phase of development prior to approval of final plat(s). Construction of sidewalk on the west side of North 27th may be deferred; 8. Water rights requirements for the subdivision must be satisfied prior to final plat approval; 9. The water main in Durston shall be extended to the west property line of this development. Adequately looped water lines must be provided for each phase of the development prior to final plat approval of each phase, with the water main in North 27th connecting to the main in Durston to provide looping during Phases 1 through 5. The water main in North 27th is to be . located in the standard City of Bozeman location; 10. The design of the sewer service must be approved by the Director of Public Service, the City Engineer, and the Water and Sewer Superintendent. Approval of the lift station/force main system will require the establishment of a homeowners' association to accept the responsibilities for operation and maintenance of the system; 09-06-94 --.---- --..- --.-.- -- ..--------..- . 6 . 11. The use of Lot 9 of Block 8 must be identified so that the appropriate public facilities are provided; 12. The property owners shall provide and file with the County Clerk and Recorder's Office an executed waiver of right to protest the creation of SID's (unless already filed on the property). The waivers shall specify that in the event SID's are not utilized for the completion of these projects, the applicant shall agree to . participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, taxable valuation of the property, or combination thereof. Said waiver shall include the following improvements: a. Street improvements to Durston Road, including paving, curb/gutter, sidewalk, and storm drainage. b. Signalization improvements to Durston and North 19th. c. Street improvements to Oak Street between North 27th and Annie Park Phase 1/ including paving, curb/gutter, sidewalk, and storm drainage. d. Park maintenance and/or improvement district(s). Said waiver shall be a covenant running with the land and shall not expire. The waivers shall be accompanied by a financial guarantee, an escrow account or surety bond naming the City of Bozeman as obligee, structured in a manner acceptable to/ and in an amount I established by, the City's Administrative Services Director, which is designed to cover the assessments to be owed by the developers for the subject property over the life of the district; 13. The final plat of Annie Subdivision, Phase II, must be approved and recorded prior to final plat approval of Durston Meadows Subdivision; 14. That the developer shall have three years from the date of preliminary plat approval to complete the above conditions and apply for final plat approval of all phases of the subdivision; 15. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public and private streets (including curb, gutter and sidewalks), prepared by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Health and Environmental Sciences. The applicant shall also provide Professional Engineering services for Construction Inspection, Post.Construction Certification, and preparation of mylar Record . Drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements; 16. All infrastructure improvements including 1) water and sewer main extensions, and 2) public and private streets (including North 25th 09.06.94 - 7 - Avenue), including curb, gutter, sidewalks and storm drainage infrastructure improvements, shall be financially guaranteed or constructed prior to occupancy. No building permits will be issued prior to completion and acceptance of the public infrastructure improvements; 17. If construction activities related to the project results in the disturbance of more than 5 acres of natural ground, an . erosion/sediment control plan may be required. The Montana Department of Health and Environmental Sciences, Water Quality Bureau shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State waters; 18. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to final plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. The appropriate review fee for that review must be submitted to the Planning Office so it may be forwarded to the Water Quality Bureau with all other applicable information; 19. All dead end roads must end in a temporary turnaround. If the turnarounds are not located on the subject property, easements for the temporary turnarounds shall be recorded prior to approval of the infrastructure plans and specifications; 20. If it is the developer's intent to file the plat prior to the completion I of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all"improvements in accordance with the preliminary plat submittal information and conditions of approval. if the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements; and 21. Preliminary plat approval does not exempt the developer from impact fees established at a later date which are based on final plat approval or building permit approval. Final plat approval(s) 'shall be subject to any impact fees which are implemented prior to said final plat approval. Development of individual lots shall be subject to any impact fees applicable to building permit applications implemented prior to building permit approval. Conditional approval of the preliminary plat shall be in force for not more than. three calendar years, as provided for by state statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning . Director for the City Commission's consideration. Thereafter, the Commission may approve an extension for not more than one calendar year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. 09-06-94 _._.".__.__...._ .__. _. _._ ._.__n._____________...___ -- .-..- ----. --..-- ----.---------.------.-.-.---..---..... ..--. - 8 - Reauest for modification of Condition NO.7 for aDDroval of Fort Ellis leisure Community - Nadia Beiser. Planned DeveloDment. Inc. (Z-9460) City Manager Wysocki reviewed the letter from Nadia Beiser, Planned Development, Inc., dated August 24, which had been included in the Commissioners' packets. He stated that she is seeking a modification of Condition No.7 for Fort Ellis Leisure Community, which e pertains to the provision of five homes for low-income and five homes for moderate-income persons, based on percentages. He noted that mpst of the conversation about these provisions centered around dollar amounts, with the price of the low-income units being set at $75,000 and the price of the moderate-income units being set at $105,000; however, the motion was written in percentages. Following a review of the amounts generated by the percentages set, it was discovered that the percentages set do not provide to dollar amounts discussed. Commissioner Youngman stated that she called staff after the decision on the Fort Ellis Leisure Community was made because she recalled specifically stating that the dollar figures were estimates only to more graphically depict the impact of the percentages she had proposed. She stated that percentages are the only way in which to appropriately guarantee affordability, particularly in light of the volatility of costs of housing. She noted, however, that . the dollar figures which she had forwarded at the meeting did not coincide with the percentages which were established in the condition. She then proposed that the percentages be set at 80 percent and 120 percent of median, stating that those percentages will still guarantee that some of the units will be more affordable to low- and moderate-income families. She also noted that these are percentages which are recognized in the HUD standards. Responding to questions from Commissioner Stueck, Commissioner Youngman stated that $105,000 is approximately 110 percent of median; and $74,000 is approximately 80 percent of median at the present time. Commissioner Stueck concurred with Commissioner Youngman's comments. He then stated his preference for addressing the affordability issue through percentages rather than e through specified dollar amounts. Responding to Commissioner Frost, Ms. Caren Couch, Housing Program Manager for HRDC, stated that typical percentages set for purchase of homes are 80 percent and either 115 or 120 percent of median for low- and moderate-income families. 09-06-94 ---- .. ..-..-.-..--.--.- ~--- - 9,- Responding to concerns raised by Commissioner Stiff, City Attorney Luwe noted this is simply a request for modification or clarification of a condition for approval of a zoning application. He then stated that the City's zone code allows for this type of process. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the e Commission modify Condition No. 7 for approval of the Conditional Use Permit for the Planned Unit Development requested by Planned Development, Inc., for the Fort Ellis Leisure Community, under Application No. Z-9460, as follows: 7. Ten homes and/or lots shall be made available for affordable housing. Five of the units may not be sold for more than the HUD guidelines allow (currently 120% of median income). Five of the units may not be sold for more than 80 percent of the median income, with the median income being defined as the median income for the City of Bozeman that is currently in effect at the time the home is marketed. The final PUD plan shall include a detail of how and when the ten affordable homes and/or lots will be made available and how their sale will be monitored. Participation by the HRDC and/or the First Home Buyers Club to ensure that the homes will be made available to LMI persons shall be committed prior to final plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; . those voting No. none. Ordinance No. 1388 - ADDroDriation Ordinance for Fiscal Year 1994-1995 Included in the Commissioners' packets was a copy of Ordinance No. 1388, as approved by the City Attorney, entitled: ORDINANCE NO. 1388 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1995. e City Manager Wysocki reminded the Commission that some changes have been proposed to the Tentative Appropriation Ordinance, as a result of work sessions held over the past few weeks. He noted that, included in the Commissioners' packets, was a memo from Clerk of the Commission Sullivan outlining the revisions to be made in the Appropriation 09-06-94 --..---- - 10- Ordinance at the Commission's direction. He briefly highlighted those revisions, after which he recommended that the ordinance be finally adopted at this time. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1388, the appropriation ordinance for Fiscal Year e 1994-1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ADpointment to Recreation and Parks Advisorv Board Mayor Vincent reminded the Commissioners that this appointment was delayed until a full Commission was present because they encountered a tie vote when attempting to make this appointment at the August 29 meeting. He then noted the Commissioners had narrowed the field of candidates to two, and asked that the decision be between those two candidates rather than opening the process again. Following discussion and the nomination process, it was moved by Commissioner . Frost, seconded by Commissioner Youngman, that the Commission appoint Donald K. Weaver, Jr., to replace Michael C. Myer on the Recreation and Parks Advisory Board, with a three-year term to expire on December 31, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Status report, dated August 1994, on transportation proje'cts, as prepared by City Engineer Craig Brawner. e The City Manager noted that the storm drainage design for Durston Road has been suspended until a determination on the right-of-way needed for the project can be determined. (2) Letter of resignation from the Parking Commission, as submitted by Mr. Bill Ewasiuk, dated August 31, 1994. 09-06-94 ---.-.. -"._-- --.-.- . _. _. ___u . .._ n..._..."._.__.--=," - 11 - (3) Agenda for the County Commission meeting which was held today at the Courthouse. (4) Agenda for the Development Review Committee meeting which was held this morning at the Carnegie Building. e (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, September 7, in the Commission Room. (6) Letter from Ankara EI-Auria, regarding the "We Share the Road" campaign. The City Manager noted that she has requested an opportunity to address the Commission at next week's meeting. (7) The City Manager submitted his weekly report, as follows. (1) Met with representatives from the northeast neighborhood. (2) Attended the fiscal forum for Gallatin County, at which their finances were reviewed. (3) Stated that the Police Department and the Sheriff's Department are discussing dispatch services in anticipation of the relocation. (4) Announced that the Library Board of Trustees met with the State Librarian regarding funding. (5) Stated that Director of Public Service Forbes attended the public hearing for placement of I traffic signals at the interstate interchange ramps on North 7th Avenue. 16) Stated that the West Oak Street project between North 19th Avenue and North 7th Avenue has been derailed by the Highway Commission. He noted that the City has run out of credits and must wait until more credits are available for that project. (7) Met with three different groups regarding low- and moderate-income housing this past week. (8) Announced that the City will be entering into a contract to complete an application for the next round of CDBG monies. He indicated that the application, which is due on October 4, will be for a four-plex which is located within the HRDC project. (9) Noted that enforcement within the residential parking district has begun. He stated that, to date, 617 resident permits and 559 visitor permits have been issued. (11) Stated he is getting a list of organizations from which the Commissioners may choose those to whom they would be willing to make presentations regarding the general obligation bond . issue. He suggested that those presentations should begin just after the first of October. (8) Commissioner Stueck submitted the following. (1) Attended the Recreation and Parks Advisory Board meeting last week. He noted that the memo from them does not address the fact that caution must be exercised in the possibility of the City accepting responsibility for maintenance of the Fish Ponds, particularly in light of the extension of Fowler 09-06~94 --- .--- ---...-- __ n m_ -. -- - .~- -- - 12 - Avenue. (2) Reported that he has discussed the extension of Fowler Avenue from the Valley Creek Subdivision south to the highway with the owner of the property immediately to the west. (3) Noted that, with the historical increase in vandalism in the parks after Labor Day, increased police and security patrol will be implemented. (4) Asked for an update on the status e at the dedication at West Babcock Street right-at-way. (5) Attended a 50th anniversary party on Saturday night, at which a couple from Denver complained that Bozeman has three times the traffic that they deal with. (9) Commissioner Frost submitted the following. (1) Attended the enhancement committee meeting on Thursday. (2) Noticed that, while in Ketchum, Idaho, over the weekend, there were only expensive vehicles, and "no Chevys". He stated appreciation for that fact that Bozeman continues to look like a working class town. (10) Commissioner Youngman submitted the following. (1) Stated that the Library Board is struggling with the disparity between County and City funding for its operation. She noted that, while they recognize the possibility of levying a fee for all County users exists, they hesitate to use that mechanism. (2) Attended the Beautification Advisory Board meeting I last week. (11 ) Commissioner Stiff submitted the following. (1) Stated that he spoke to people involved in the GalaVan program, who extend their appreciation to the Commission for the financial support which was provided this year. He noted that they are fully aware that this may be a one-time contribution, depending on the City's financial condition. (2) Stated that he was involved in a meeting with members of the Senior Center Board. He noted that, once again, he is impressed with the work at the Senior Center. He stated that the Director, Judy Morrill, received an award from Rotary this year; and it was certainly deserved. (3) Stated he was contacted by a young lady who indicates she is one of the recipients of one of the new HRDC homes. ( 12) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the . agenda for next week's meeting. (2) Stated she has made reservations at the Copper King Inn, and needs verification from the Commissioners on whether they plan to attend the Montana League of Cities and Towns Conference or if changes in the reservations are necessary. (3) Announced that she has mailed letters to those who submitted donations for the sculpture, as requested by the Beautification Advisory Board, to determine whether they wish to have those 09-06-94 - 13 - donations refunded or if they wish to allow the monies to remain in the fund. (4) Stated that a substantial amount of her time this past week was devoted to the new telephone system. Consent Items e City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3008 - setting the mill levy for Fiscal Year 1994-1995 COMMISSION RESOLUTION NO. 3008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1994-1995. Commission Resolution No. 3009 - levving and assessina lighting district assessments for Fiscal Year 1995: set Dublic hearina for SeDtember 19. 1994 COMMISSION RESOLUTION NO. 3009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND-.ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE I DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Commission Resolution No. 3010 -levying and assessina delin\';JUent sewer charges for Fiscal Year 1994:' set Dublic hearina for SeDtember 19. 1994 COMMISSION RESOLUTION NO. 3010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN. COUNTY OF GALLATIN. STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Commission Resolution No. 3011 -Ievyina and assessina delinauent snow removal charaes for Fiscal Year 1994: set Dublic hearing for SeDtember 19. 1994 e COMMISSION RESOLUTION NO. 3011 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER 09-06-94 - __ - __.____ ______n_________..___________ ~_...._.__... ,. - -- . " ___m~_ ~_ - 14 - THE PROVISIONS OF CHAPTER 12.24 OF. THE CITY OF BOZEMAN MUNICIPAL CODE. Authorize City Manager to sign- Eauicment and Technical Services Agreement - combined telechone system for City of Bozeman and Gallatin County Authorize City Manager to sign - amendment to crofessional services e agreement with Morrison-Maierle/CSSA for inscection services - Oak Street sewer relocation croiect (Oak Street at North 7th Avenue) Authorize City Manager to sign - Accectance of easement for temcorarv cul-de-sacs for Fowler Avenue and Prairie Avenue at the Vallev Creek Subdivision - across cortion of Tract A. COS No. 1509 - R.R. Nelson It was moved by Commissioner Youngman, seconded by Commissioner Stiff, 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 Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Recess - 4:30 c.m. I Mayor Vincent declared a recess at 4:30 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. He announced that, due to continued recovery from his recent illness, he will not be in attendance at this evening's session, and turned the gavel over to Mayor Pro Tempore Stueck. Reconvene - 7:00 c.m. Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 2992 - intent to annex 6.10 acres know as Tracts 3 and 4. Van Horn SubdiviSion. located in the NW%. SW%. Section 11. T2S. R5E. MPM (south . of West Babcock Street. east of Vallev Creek Subdivision, west of Wilda Lane) - Dennis Balian for Ed Heimburg (A-9405) This was the time and place set for the public hearing on Commission Resolution No. 2992, as approved by the City Attorney entitled: COMMISSION RESOLUTION NO. 2992 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 09-06-94 -. -. -..-.. - - ...---.-. - - - - 15 - MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Pro Tempore Stueck opened the public hearing. e Senior Planner Dave Skelton presented the staff report. He stated the subject 6.10- acre parcel is located along the south side of West Babcock Street, and north of the Fish Ponds, adjacent to the strip of Fish, Wildlife and Parks property which borders the east side of the Fowler Avenue extension. The subject parcel is located in County Zoning District NO.1 / which is an area.targeted for urban infill development. Planning staff is currently proceeding with a master plan amendment for that portion of County Zoning District No.1 lying between Durston Road and West Main Street to establish an initial land use designation of urban residential infill on all parcels upon annextion to the city. This parcel is within the boundaries of that master plan amendment; therefore, a separate master plan amendment is not required for this parcel. The Senior Planner stated that staff has reviewed this application in light of the eight I goals and twelve policies set forth in Commission Resolution No. 2716. One of the issues identified during that review is impacts on the transportation network system in the surrounding area. He reminded the Commission that this issue has been considered numerous times, in conjunction with other properties in this immediate area. The Commission has previously made the conscious decision that it would annex as many parcels as possible, obtaining waivers of right to protest the creation of special improvement districts for improvements to West Babcock Street, signalization of the West. Babcock Street/West Main Street intersection and Durston Road whenever possible. Senior Planner Skelton stated that the subject parcel could be developed to a maximum density of 32 dwelling units, based on acreage. However, with the configuration of . the property and the requirements for a primary and secondary access, it appears that fifteen dwelling units can be accommodated. He noted that the School District has registered a concern about the impact which development of this parcel will have on the schools. The Senior Planner stated that the Planning office has reviewed and denied an 09-06-94 ." -- "-~'- - 16 - application for a minor subdivision of the subject parcel because of the lack of a secondary access to Fowler Avenue. Senior Planner Skelton reviewed the staff findings resulting from the review of the eight goals and twelve policies for considering annexation requests. He noted that those e findings are contained in the written staff report which was previously submitted to the Commission. He then concluded by forwarding staff's finding that this annexation application substantially complies with those goals and policies. He then forwarded staff's recommendation that the following items be addressed prior to annexation of the subject 6.10- acre tract: 1. That the landowner execute documents for recording and filing at the Gallatin County Clerk and Recorder's Office for waivers of right to protest the following: A. Creation of Special Improvements Districts and/or Rural Improvements Districts for improvements to West Babcock Street; and B. Creation of Special Improvements District and/or Rural Improvements District for signalization at the intersection of West Babcock Street with West Main . Street and Ferguson Avenue. 2. That the landowner provide the appropriate fee in-lieu of usable water rights in accordance with the calculated amount determined by the Director of Public Service; 3. That the landowner make application for a Master Plan Amendment for an appropriate land use designation and to incorporate the subject parcel into the Bozeman City-County Planning Board's jurisdiction, and that the application be approved by the City Commission in accordance with the applicable law; 4. That the applicant provide documentation of the appropriate payback to S.I.D. No. 621 for use of the existing sanitary sewer; 5. That the applicant provide documentation of the appropriate payback to S.I.D. No. 662 for connection to the existing water main; and 6. That the applicant provide a mylar record annexation map which includes legal metes and bounds description completed by a Montana licensed surveyor of the annexation request identifying e the general area of the parcel in question and the adjacent public road right-of-way. Mr. Dennis Balian, applicant, stated he has purchased the subject parcel from Mr. Ed Heimburg and is the sole owner. He then stated he is negotiating with the Department of Fish, Wildlife and Parks on a land swap in which he would obtain a 60-foot-wide access strip across the 1 OO-foot-wide strip which separates his land from Fowler Avenue in exchange for a 6,000- 09-06-94 ---- - -- --.-- - 17 - square-foot strip across the south end of his property. He then indicated that if this parcel is annexed, he proposes to construct 32 dwelling units on it. Mrs. Judy Worley, 2813 West Babcock Street, stated she is still concerned about traffic on West Babcock Street; and she becomes more concerned with each additional e development which is approved along that roadway. She recognized that the City is attempting to obtain enough waivers of right to protest the creation of a special improvement district for improvements to that roadway; however, she noted it will take a long time to get 51 percent of the property along that roadway covered by such waivers. She then asked that the Commission take the traffic issues into consideration when acting on this application. Mr. Phil Mazuranich, 24 North Western Drive, stated that, because of the traffic problems on West Babcock Street, he would like to see the subject parcel zoned R-1 , with only single-family dwellings allowed. He noted that this would help to address the traffic concerns along that roadway. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. . Mayor Pro Tempore Stueck stated that part of the difficulty with improving West Babcock Street lies in the fact that it is not a dedicated street. He also noted that much of the property along West Babcock Street, on the north side of the street in particular, lies in the county rather than within city limits. He stated that, because of these problems, the process of improving the road is becoming much more extensive than had been anticipated. He assured those in attendance that improving West Babcock Street has been identified as one of the Commission's top transportation priorities. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution of annexation upon the applicant's execution of the annexation agreement and satisfaction of Condition Nos. 1 through 6, as listed above. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. 09-06-94 . -.-.--------. --------.... - 18 - Public hearing - Commission Resolution No. 2993 - intent to annex 12.333 acres described as remainina Dortion of COS No. 157A. located in the SW% of Section 31. T2S. R6E. MPM. Parcel No. RFH 6091 (north side of Griffin Drive. east of Manley Road) - Montana Power COmDany and Meraenthaler Transfer and Storaae for the Beyl Family Trust. Keith Beyl and Patricia Hash (A-9404) This was the time and place set for the public hearing on Commission Resolution No. e 2993, as approved by the City Attorney entitled: COMMISSION RESOLUTION NO. 2993 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICUlARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN, SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Pro Tempore Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that this application is for annexation of approximately 12.333 acres at the northeast corner of the intersection of Griffin Drive and Manley Road into the city limits. The request includes two parcels, the small one being a portion of the Montana Power Company service center and the large one being a . portion of the former site of Bozeman Sand and Gravel. He stated the subject property is adjacent to the city limits on the east and the south; and ample water and sewer services are readily available to the site. The Senior Planner stated that Mr. Jerry Mergenthaler, initiated this annexation request, for the westernmost parcel; and Montana Power Company subsequently agreed to have its property included in this annexation as well to avoid creation of a gap in the city limits. He stated that one of the key advantages to annexation of the subject property is that right-of- way can be obtained for realignment of the intersection of Manley Road and Griffin Drive; and waivers of right to protest the creation of special improvement districts for the construction of that realignment and the signalization of Griffin Drive and North Rouse Avenue can be obtained in conjunction with annexation of this property. He stated that both of those projects have e been identified as priority projects in the transportation plan update, which was recently completed. Senior Planner Skelton stated it would have been staff's preference to annex the entire 20 + acres which were formerly the Bozeman Sand and Gravel site; however, the owners of that property have indicated they do not wish to annex the entire parcel at this time. 09-06-94 -...---.----- -.---.---- - - 19 - The Senior Planner stated that a minor subdivision is being processed to divide the 20 + acres into two parcels, the westernmost one of which is the subject of this annexation hearing. Senior Planner Skelton stated that staff has reviewed this application in light of the e eight goals and twelve policies set forth in Commission Resolution No. 2716; and the staff's findings are contained in the written staff report, which was previously submitted to the Commission. He provided a brief overview of those findings, concluding that the application is in general compliance with, and does not substantially conflict, with the goals. Also, after addressing the following four items, the application will be in general compliance with the twelve policies: 1. That the landowner execute documents for recording and filing at the Gallatin County Clerk and Recorder's Office for waivers of right to protest the following: A. Creation of special improvement districts and/or rural improvement districts for improvements to Griffin Drive; and B. Creation of special improvement districts and/or rural . improvement districts for signalization at the intersection of Griffin Drive with North 7th Avenue and North Rouse Avenue; 2. That the landowners provide the appropriate fee in-lieu of usable water rights in accordance with the calculated amount determined by the Director of Public Service; 3. That the property owner of Certificate of Survey No. 157 obtain minor subdivision final plat approval from the Gallatin County Commission for the proposed two-lot minor subdivision, creating the actual boundaries of the proposed Mergenthaler Transfer parcel, and that the final plat for the two-lot minor subdivision will be filed and recorded at the Gallatin County Clerk and Recorder's Office prior to completion of the annexation agreement and endorsement by the City's appropriate representative; and 4. That the applicants provide a mylar record annexation map which includes legal metes and bounds description, including the total acres, completed by a Montana licensed surveyor of the annexation request identifying the general area of the parcel in Question and the adjacent public road right-of-way. e Ms. Elaine Haaland, Manager of Mergenthaler Transfer and Storage, stated the stated that the business has been seeking property upon which to build a larger facility. She then encouraged Commission approval of this annexation. Mrs. Pat Hash, representing herself and the Beyl family, stated her willingness to allow Mergenthaler Transfer and Montana Power Company to annex if that is their choice. She 09-06-94 ------..-.-------- - 20 - stated, however, that she does not want Manley Road going through her property; and she will not grant an ea~ement for the roadway unless she gets something in return. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. . Senior Planner Skelton reminded the Commission that the issue to be addressed is whether it is logical to extend the boundaries of the city to incorporate the subject property. He stated that the issue of road right-of~way is to be addressed through the subdivision process rather than through annexation. Responding to Commissioner Stiff, Senior Planner Skelton stated that the concerns raised by Mrs. Hash will indirectly affect the subject property. He stated that completion of a major site plan review and a subdivision review are necessary prior to development of the parcel. He stated that until the subdivision process is completed, there is no legal description for that parcel under which the westernmost parcel can be annexed. Responding to additional questions, the Senior Planner assured the Commissioners that the property owner has ultimate control of the situation, and can terminate any of the I three processes which are currently in progress. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution of annexation upon completion of Condition Nos. 1 through 4, listed above, and the applicant's execution of the annexation agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, C.omrryissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Public hearina - Zone MaD Amendment - initial classification of R-3 - John D. Marks for Scenic DeveloDers. Inc. - 4.88 acres known as Lot 1. Egbert Subdivision. located in the SEY4. E%. W%. SW%. NE%. Section 11. T2S. R5E. MPM (2500 block of West Babcock Street) (Z-9484) This was the time and place set for the public hearing on the Zone Map Amendment . as requested by John D. Marks for Scenic Developers, Inc. under Application No. Z-9484, for the initial classification of R-3, Residential--Medium-density, on 4.88 acres located in the Southeast one-quarter, East one-half, West one-half, Southwest o,ne-quarter, Northeast one- quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located along the north side of the 2500 block of West Babcock Street. 09-06-94 - 21 - Mayor Pro Tempore Stueck opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report. He submitted to the Commission a copy of written comments in opposition to the proposed zone map amendment from Mr. Don Beatty, 2520 West Babcock Street, dated August 16, 1994. e The Associate Planner stated that the applicant has requested that the subject property, which is located west of the approved HRDC project and east of the Far Western Subdivision, be zoned for medium-density residential development. Staff has reviewed this application in light of the twelve criteria set forth in the. Montana Code Annotated; and those findings are contained in the written staff report. The Associate Planner stated that the City-County Planning Board conducted its public hearing on this application at its August 16 meeting. After considering the staff report, the applicant's presentation and testimony from concerned citizens, the Planning Board was unable to forward an official recommendation because they were unable to garner six, votes. He noted, instead, the Board has forwarded an unofficial recommendation that the Commission establish an R-3 designation on that portion of the property adjacent to the HRDC development I and an R-3a designation on that portion of the property adjacent to the Far Western Subdivision. He stated that the Far Western Subdivision is generally developed with single- family homes; and the HRDC project is being developed as a combination of multi-family structures and single-family homes. Associate Planner Morris stated that staff and the applicant have discussed the recommendation forwarded by the City-County Planning Board. He stated that, in light of the fact that North 25th Avenue will bisect the subject parcel, both staff and the applicant have determined that they can support the unofficial recommendation from the Planning Board as well as the original application. Responding to Commissioner Frost, Associate Planner Morris stated that an application for annexation of the subject property has been filed. He then stated that any e action on this requested zone map amendment must be contingent upon annexation. Responding to Commissioner Stueck, Associate Planner Morris stated that North 25th Avenue is to be extended to West Babcock Street. Mr. John Marks, applicant, stated that under the proposed R-3 zoning, a maximum of 34 units can be constructed on the subject property. He noted that, when considering 09-06-94 - 22 - development of this parcel, he recognized the importance of buffering the single-family development in the Far Western Subdivision from any higher density development. Mr. Marks stated he feels that the proposed split of the property into R-3 and R-3a zoning is a responsible way in which to respond to the concerns which have been forwarded. . He noted that the reason he sought R-3 zoning for the property was to allow him to construct four-plexes adjacent to the Human Resource Development Council project; however, he had anticipated single-family development along the west side of North 25th Avenue, adjacent to the homes which front on Western Drive. Mr. Marks noted that the Far Western Subdivision is located in the R-R, Rural Residential, zone; and it includes the Panorama apartment complex. He stated that, in light of this existing development, he believes that the requested R-3 or the proposed combination of R-3 and R-3a on the subject property is appropriate. Mr. John Marks addressed the issue of traffic on West Babcock Street. He noted that when people look at the subject property, they see an open field, and tend to forget that the property is actually zoned R-R. He suggested that, when considering the property in that light, I the traffic impacts will be no greater under the requested zoning than under the existing zoning. Mrs. Judy Worley, 2813 West Babcock Street, stated her continued concern about the traffic impacts caused by additional development along that roadway. She emphasized the additional impacts which this traffic will have on the ability to negotiate the intersection of West Babcock Street and West Main Street, which is already extremely difficult. She noted that the realignment and signalization of that intersection is not scheduled for completion until the Fall of 1995; however, the traffic impacts from additional development will be encountered before that time. Ms. Susan Smiley, 2502 West Babcock Street, stated her property is directly across the street from the subject parcel. She noted that two members of the Planning Board felt strongly that no more development should be approved along West Babcock Street until the . problems with that roadway have been resolved. She suggested that the Commission should find out what the costs of improving the roadway, including the costs of right-of-way, will be. She cautioned that obtaining of right-of-way adjacent to residences within the county is an issue that must be resolved before any improvements can be considered. She further 09-06-94 -...--.."...........-.. ------.---.---.------.- -. -".---..------------ - 23 - suggested that, until the legal issues and financial issues have been addressed, it may be best not to continue annexation and rezoning of properties in that immediate area. Ms. Smiley stated that, since her property is immediately across the street, she would prefer to see single-family dwellings rather than large four-plexes on the subject parcel. She . then asked the Commission to carefully consider the surrounding development in that area when acting on this zone map amendment. Mr. Phil Mazuranich, 24 North Western Drive, stated he is not in favor of allowing four-plexes on the subject property. He stated that at the Planning Board meeting, he raised the fact that between West Babcock Street and the north edge of the property, there are five power poles on this parcel. He noted that access must be granted for those power poles; and he feels that access should be from North 25th Avenue. Mr. Mazuranich stated he feels that North 25th Avenue should be extended from West Babcock Street to Durston Road, as he feels that would help to alleviate some of the traffic congestion problems that might be encountered. He stated this road alignment has been planned since the late 1960's. He then encouraged the Commission to consider existing I development in the immediate area when acting on this request. Mr. John Marks stated he has contacted the Montana Power Company about the power poles; and they have requested a 10-foot easement for the existing power line. He then indicated that this information will be taken into consideration when developing the preliminary plat application for the subject property. Mr. Marks noted that under the existing R-R zoning on this parcel, four-plexes are allowed. He stated that the combination of R-3 and R-3a zoning proposed by the Planning Board is more restrictive than the current zoning. He then addressed the issue of traffic. He noted that if this property is annexed and rezoned, the appropriate dedications of street right- of-way will be made; and this property will participate in the costs of improving the roadway at the appropriate time. . Responding to questions from Commissioner Youngman, Mr. Marks stated he hopes to begin construction as soon as possible in the spring. He then indicated this subject parcel ends 100 feet south of West Mendenhall Street, with residences on each side of the street between his property and West Mendenhall. He stated that the property on the west side of the street is included in the application for annexation. 09-06-94 --. - -- --.... --...- - 24 - Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. Responding to questions from Commissioner Youngman, Associate Planner Morris stated that staff determined that there would be little, if any, difference in traffic impacts from e the existing R-R zoning designation and the proposed R-3 zoning designation. He stated that under the R-3a zoning designation, a slight decrease in traffic impacts might be seen. Responding to Commissioner Frost, the Associate Planner stated that the intermittent stream which traverses the east edge of the property should help to mitigate any impacts which the development of four-plexes along that side of North 25th Avenue may have on homes in the Human Resource Development Council project. . Commissioner Frost stated his support for the proposed split in zoning. Commissioner Youngman stated she believes the proposed split is a reasonable compromise. She noted, however, that she continues to grapple with the traffic problems on West Babcock Street. Commissioner Stiff stated concurrence with Commissioner Youngman's comments. . Mayor Pro Tempore Stueck stated his concurrence as well. He then assured those in attendance that the Commission has been working on the issue of obtaining right-of-way for West Babcock Street; and improving of that roadway from West Main Street to Ferguson Avenue has become a top priority. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve a zone map amendment, under Application No. 2-9484, for. the initial classification of R-3, ReSidential--medium-density, for the east half and R-3a, Residentialntwo- family, medium-density, for the west half of 4.88 acres lying along the north side of the 2500 block of West Babcock Street, and located in the Southeast one-quarter, East one-half, West e one-half, Southwest one-quarter, Northeast one-quarter of Section 11, Township 2 South. Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner y.oungman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. 09-06-94 --- - 25 - Adiournment - 8:10 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being e Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. ( ~tlv, t:! /f~ - DON E. STUECK Mayor Pro Tempore ATTEST: ~ d Ji!f~ ROBIN L. SULLIVAN Clerk of the Commission I e 09-06-94