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HomeMy WebLinkAbout1994-05-23 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 23, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 23, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Acting Clerk of the Commission Judy Corcoran. 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 of the regular meeting of May 16 and the town meeting of May 19, 1994 to a later date. . Presentation of annual report for Calendar Year 1993 - Karen Vinton. Chair. library Board of Trustees City Manager Wysocki asked that this item be delayed as Karen Vinton, Chair, Library Board of Trustees, has not yet arrived. Continued preliminary plat review ~ Mathew Bird Creek Subdivision - Gary L. Voigt for Gene Graf - subdivide 26.918 acres into 68 single-family residential lots. parkland and public streets- SW*, Section 19. T2S. R6E. MPM (south of Spring Meadows Subdivision) P-9413 This was the time and place set for continued review of the preliminary plat for Mathew Bird Creek Subdivision, as requested by Gary L. Voigt for Gene Graf under Application No. P-9413, to allow the subdivision of 26.918 acres located in the southwest one-quarter of . Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots. The subject property is more commonly located south of Spring Meadows Subdivision. Mayor Vincent emphasized that the public hearing for this review has been completed 05-23-94 - 2 - and at this point the discussion on this issue is to be confined to Commissioners and staff members. Assistant Planning Director Debbie Arkell asked the Commissioners if they had received her memo dated May 19, 1994 in their packets; they confirmed that they had. She asked that . one condition be added to the conditions of approval as recommended by the Planning Board, that being, "that the Mathew Bird Creek Subdivision be contingent on the filing and approval of the minor subdivision that is being reviewed at this time to create lot 1 of Graf's Minor Subdivision." She noted that the minor subdivision must be filed before the final plat on Mathew Bird Creek Subdivision can be approved. At the Mayor's request, the Assistant Planning Director addressed the major points contained in her memo. She noted the following as suggested changes to the recommended existing conditions. Condition No. 6a requires a paved secondary access be provided to the subdivision, either from the east or the south. She noted that after their review, several of the Commissioners' comments seemed to reflect a sense that the existing emergency accesses, in conjunction with the primary access, were sufficient to service the subdivision. She stated . that if the Commission decides that this is an appropriate determination, the following condition should be considered to replace condition 6a: "The proposed emergency access shall be constructed to a gravel standard from the east boundary of this subdivision to the current terminus of the road/driveway, as approved by the City of Bozeman, with a City standard barricade installed on Biering Street prior to final plat approval of Phase I. The design and location of the barricade shall be approved by the City prior to installation." She noted that since the Commission meeting, she has received a letter from James Goetz, attorney for the property owners to the east, stating that if this emergency access is accepted, it be eliminated once a permanent secondary access is provided to the subject property. Assistant Planning Director Arkell cautioned the Commission about eliminating this emergency access too soon, based on establishing a secondary access to the south, as an . emergency access to the east may still be needed to provide adequate emergency services to the subdivision. She stated that staff is not recommending the automatic removal of the emergency access at the time the secondary access is provided. 9c) Requires the property owner to sign a waiver of right to protest SIOs for future improvements to South Willson Avenue. One Commissioners has indicated that this condition could be eliminated as it is not 05-23-94 - - 3 - in the City's best interest to further develop Willson because of the traffic impacts. If this is the Commission's decision the condition should be deleted. 10) Requires the developer to commit to providing up to 50% of the cost of sidewalk installation costs for the sidewalk from Colter to South Third Avenue, as recommended by the developer's traffic engineer. Instead, . the Commission has indicated that the City's sidewalk policy, which requires adjoining property owners to install sidewalks, should be followed, and that the developer not be required to install these sidewalk. She suggested that if the Commission wishes to follow the existing sidewalk policy, then Condition 10 should be deleted. The Assistant Planning Director addressed other issues raised by the Commissioners. 1) Linear trail improvements. The developer has chosen not to develop the park or the linear trail at this time, instead they propose to sign a waiver of right to protest a park improvement and maintenance district. Several of the Commissioners have indicated that the developer should be required to construct the linear trail in the subdivision from the southwest corner of the property north and east to Graf Street, and, if added as a condition, the design, location, width, and type of permeable-finish material of the trail should be submitted to and approved . by the City Park Superintendent prior to final plat approval and completed by the developer within three years of final plat approval of Phase I. If not completed prior to final plat approval, then the developer must enter into an improvements agreement with a financial guarantee. She noted that the Recreation Department had requested that a connection, located between lots be provided via a nine-foot wide sidewalk so pedestrians know this is a public pedestrian way; however, staff has forwarded a recommendation that a 3D-foot linear park on the northern edge of Lot 1 be used to to make this connection. 2) Protection of existing mature vegetation. She noted that a condition could be added stating that the existing trees and bushes located along the western subdivision cannot be removed unless diseased or dying or dead. 3) Zone X (500 year) floodplain. She noted that Section 16.24 of the Bozeman Area Subdivision Regulations, Flood Hazard Evaluation, and Chapter 18.44 of the Bozeman Municipal . Code, Flood Hazard District, establish guidelines for development within the floodplain; and both of these sections are administered by the City Engineer. She stated that there are no additional permitting requirements for construction in the Zone X floodplain in either of those sections. The Zone AE floodplain, which is a small portion located in the northwest corner of the site, cannot be constructed on. The Zone X area includes portions of seven lots; and those 05-23-94 - 4 - areas could experience flooding in a 1 OO-year or a 500-year flood, at an average depth of less than one foot. She reminded the Commission that the preliminary plat submittal indicated that dirt taken from the road during road construction would be moved into these areas to raise the building sites. The applicant's representative informed the Commission on May 16 that the . top at curb elevation on Grat Street existing, where the culvert goes under the street, is 4.3 feet lower than the lowest contour on Mathew Bird Creek Subdivision and, with this difference in elevation, it appears that if the culverts were to overfill, water would flow over Graf Street long before flooding occurred on the property. Noting provisions contained in Section 16.12.010(B) of the Bozeman Area Subdivision Regulations, Assistant Planning Director Arkell stated that the Commission may determine that construction should not occur in Zone X, because of potential hazards, such as flooding, etc., or because of unreasonable burdens on the general public resulting from extraordinary expenses, environmental degradation and congestion in the streets. She stated that, based on this provision, if the Commission feels that the area is unsuitable for subdivision because of the high water table or because of the potential for flooding, a condition could be added which would prohibit construction in the Zone . X floodplain. She then stated that parkland is typically sought, particularly in a fairly large area, where children can play; however, the Recreation Board recommended that a linear trail along Mathew Bird Creek be dedicated rather than a neighborhood park. She noted that a little over one acre has been dedicated for parkland along the east side of the subdivision. She suggested that if the Commission determines that Zone X should not be constructed upon, then the developer should be given an opportunity to redesign the subdivision and possibly incorporate some of the Zone X land into the parkland dedication. She forwarded a proposed condition which would specify that no lots could be created in the Zone AE or Zone X floodplains and that parkland could be dedicated within the Zone X floodplain. 3) Renaming of Graf Street. She noted that some of the Commissioners had expressed concern about Graf Street running east and west, then curving into a north/south street; and the confusion that having the same . name might create. She stated the City Engineering Office has commented that it is not uncommon for curved streets to carry the same name especially when a major street within a development; and Graf Street is intended to be a collector street. She then stated that the Engineering Department has no problem with the north-south section of the street being renamed; but they have no problem with the current name. If the Commission determines to 05-23-94 - 5 - rename the street the following condition is suggested: "That Graf Street, from its intersection with Spring Meadows Drive be renamed with the new name approved by the City Engineering Department. " 4) Master Plan/clustering. The Assistant Planning Director noted that staff recommended a conceptual master plan be provided in conjunction with the minor subdivision, . showing clustering on the entire 97 + acres of the Graf's Fourth Addition. The plan, which does address clustering, will be used for further development of Lots 2 and 3. The plan does provide for clustering by providing open space corridors. Further development will ensure the continuity of the open space, street alignments and the preservation of wetlands. She reminded the Commission that the subject property is zoned R-2, which allows single-family residential development; and it has been zoned R-2 since its annexation twenty years ago. She cautioned, however, that just because a property is zoned for residential development does not mean that every available square inch of property needs to be developed. She then reminded the Commission that a standard subdivision must provide one-ninth parkland dedication; and under a planned unit development, 30 percent open space must be provided. She stated that requiring clustering under the planned unit development process will help to ensure that . wetlands and mature trees are protected. 5) Utility easement to the south. Assistant Planning Director Arkell reminded the Commission that this issue cannot be addressed with the Mathew Bird Creek Subdivision, but will be addressed with the Graf Minor Subdivision. Responding to Commissioner Stiff, the Assistant Planning Director reviewed the first condition she had recommended, which pertains to filing of the minor subdivision prior to filing of the plat for this subdivision. Responding to Commissioner Youngman, the Assistant Planning Director stated that the final plat is reviewed by the City Attorney and the Director of Public Service. Commissioner Youngman stated the school district expressed interest as to if the impact fees could be in place before any development on this property takes place. She noted that each time the Commission discusses a subdivision, it discusses impact fees as well. She then . asked if impact fees can be anticipated for this development, which is projected to develop quickly. The Assistant Planning Director responded that impact fees may be assessed either prior to final plat approval for the subdivision or when a building permit is issued, depending on how the impact fee is structured. She stated that if the impact fees are to be paid in conjunction with the subdivision, then it could not be required in this instance; but it would be 05-23-94 -" - 6 - applied to those lots which are not yet developed if the impact fee is established in conjunction with a building permit. Further responding to Commissioner Youngman, she stated that there are no regular parks in the proposed area, although Graf Park is relatively close and is a pretty natural area. The closest established play area would be Morning Star School playground. . Commissioner Stueck stated that he spoke with Gene Graf before the meeting. and in the discussion he doesn't have a problem with the utility easement, but he understands it is just the timing and he wants to make sure when the next phase of the subdivision is done, it will be established then. Mike Money responded that it would take about six months to get the location of the utility and future street planned; and a planner and engineer would have to be hired to plan the layout, however he foresees no problem. In turn, each of the Commissioners commented on this requested subdivision. Commissioner Stueck stated that Condition 6A is justifiable, especially since the Commission knows what is anticipated further to the south and the fact that there will be some sort of access out through that development. He then stated he has no problem with the name of Graf . Street. In response to questions regarding the floodplain, Assistant Planning Director Arkell showed him where the floodplain lines traverses the northwest corner. He then stated he has no problems with the remaining conditions. Mike Money stated the Zone X (500 year) area sounds much worse than it is. He noted that the entire block is in Zone X, which means that a site may be visited by floodwaters once in every 500 years, at a depth of one foot or less. He further stated that the builder has no intent to build in the Zone AE section of the property, even though that can be done with the appropriate permit. He then stated that, because of the elevation discrepancy, he tried to contact FEMA; and they told him that with the Hurricane Andrew, the flooding in the Midwest and earthquakes in California, they do not have time to address this issue. He then asked the Commission to review the 4-foot difference in elevation, stating he feels the line on the flood . map was drawn in error. He stated that is the point they tried to make in the application for this subdivision. Commissioner Stueck stated that viewing of the site suggests that is true. He stated that when looking north, the area along Fairway Drive is considerably lower than the subject property. 05-23-94 -" - 7 - Commissioner Frost stated he is in favor of keeping the secondary access. He agrees Conditions 9c and 10 should be eliminated; approves the linear trail improvement conditions and mature vegetation condition; approves the Zone X floodplain condition and the renaming of Graf Street to South Graf Street if that is what the applicant proposes. . Commissioner Youngman stated that from Graf Street south to Goldenstein is an environmentally very sensitive area, for various reasons. She noted there is a streambank setback which will protect the stream corridor; and adding the linear trail will provide even more protection. The mature vegetation condition would be very useful in protecting areas of the site. She expressed concern that development of this entire area has been addressed on a piecemeal basis, which is the worst possible approach and can result in the least constructive development. She noted that from the beginning, the Commission has maintained that the whole area needed to be considered in light of relative impacts. She recognized the zoning that has existed for twenty years; and she feels there are ways that appropriate development could be allowed. She also recognized the urgency for housing and the importance of facilitating it whenever possible. She then addressed concern about the traffic flow from this subdivision, . even with a secondary access. She questioned whether there is a good solution to the traffic flow problems in this area, since South Third Avenue and South Willson Avenue appear to be the streets which will absorb all of the traffic flow; and there are no good east/west routes in that area. Even though she recognizes this is not a proclaimed natural habitat for animals, care must be taken not to disturb that habitat. She then suggested that the City needs a plan which specifies how much of the meadow habitat needs to be protected in and near the city limits to minimize impacts on the wildlife. She noted the lack of clustering in the design of this development and feels the lots are larger than needed. She noted smaller lots, or the same size lots, with strips of vegetation preserved would be more suitable for this development, although that would entail redesigning the whole subdivision. She stressed it is a nicely designed subdivision, although she feels it is a conventional subdivision in a non-conventional location; e and it is not suited to this particular piece of property. She also is concerned with the impacts on the school system, which could be substantial when this subdivision is combined with other proposals which have recently been considered. Commissioner Stiff stated that he is very uncomfortable with the issue of impact fees, since they are not yet in place. He agrees with Condition No. 6a. He then asked City Attorney 05-23-94 . -- , - ~ - 8 - luwe about the matter of Jim Goetz asking that the emergency access to the east be abandoned. The City Attorney stated that staff's recommendation is that the Commission not make that an automatic condition of the plan approval because they wish to review it as a whole. He noted, however, that they believe it is a good idea, depending upon what else . develops. The City Attorney then stated he feels there would be no legal complications. Commissioner Stiff stated his concurrence with Condition No. 9c and no problem with deleting Condition No.1 O. He stated that the linear trail improvements conditions are in order; and he agrees with the added condition for protection of the mature vegetation. He then stated he has no problem with the naming of Graf Street. Mayor Vincent stated his concurrence with deleting Condition Nos. 9c and 10; and adding conditions regarding improvement of the linear park, mature vegetation, South Graf Street. He stated that with approval of the subdivision, he feels all of these conditions should be included. Commissioner Frost inquired as to who has the final decision to eliminate the emergency access. City Attorney luwe stated that it is a filed emergency access and would be governed . by the document that is currently filed, which he believes has no termination date on the emergency access. The landowners on whose property that easement lies would have to come to the Commission at a future time, once the secondary access is in place, to get permission to abandon the emergency access. Commissioner Frost then asked Commissioner Youngman about Condition No.6, and whether a secondary access should be required or if an emergency access is acceptable. Commissioner Youngman responded that she does not think that a secondary access at this stage is necessary and that the emergency access is sufficient. Commissioner Frost noted that there is another secondary emergency access off Fairway Drive. He characterized that access as including a very imposing 8-foot gate that is chained and locked and often has a vehicle blocking the access. Because of these circumstances Commissioner Frost feels this an . inadequate access. Assistant Planning Director Arkell stated that the Fire Department has the availability of accessing this emergency access at any given time. She then stated that the area should be signed so that no parking occurs near the gate in a manner which would block use of the access. 05-23-94 -- . - - 9 - Responding to Commissioner Stueck, the Assistant Planner stated a statement can be added that a secondary access will be needed in the future; and it could be addressed under the minor subdivision. Responding to Commissioner Youngman, the Assistant Planner responded that to take . advantage of the Zone X floodplain condition. the developer would need to redesign the subdivision, at least to some extent. She then stated that such revisions could either be reviewed in house or brought back to the Commission for consideration. She then stated that the number of lots could be decreased but not increased. City Manager Wysocki summarized the Commissioner intentions on each of the changes to existing recommended conditions, based on the memo from the Assistant Planning Director, Debbie Arkell: (1) Condition 6a. Three of the Commissioners feel the emergency access is adequate, for now. (2) Emergency access to be abandoned after the secondary access is established. All the Commissioners are in favor of considering this item as a specific action, upon request by the property owner. (3) Condition 9c. This condition should be deleted. (4) Condition 10. This condition may be deleted. (5) Linear trail improvement. Condition should . be added. (6) Protection of existing mature vegetation; A majority of the Commissioners are in favor. (7) Floodplain. The City Manager stated that, according to the FEMA rules, development can occur on the 500-year floodplain. If that is not to be allowed, the Commissioners must make a statement as to why. He then asked each of the Commissioners to do so at this time. Commissioner Frost stated he is not in favor of building on the floodplain. He stated that, while the argument can be made that more flooding will occur downstream than on this property, it is still a floodplain. He then cited residents in the Midwest as an example, noting they are now trying to recover from a flood in a SOO-year floodplain that was not supposed to happen. Commissioner Stueck stated his opposition to the proposed condition. He stated that he feels there is a mistake on the map, particularly given the elevations. He then stated he has no problem with building occurring on the Zone X portion of this property. . Commissioner Youngman stated she is concerned about the fact that the City does not have a specific building policy for building in Zone X floodplains, and the environmental impacts on the overall area. She then forwarded her position that she opposes building, but does not support adding the condition due to lack of pOlicy. Commissioner Stiff stated he is in favor of following FEMA guidelines. Mayor Vincent stated his support for adding the condition to not 05-23-94 - 10 - allow development in the floodplain, noting that he agrees with Commissioner Frost's comments. The City Manager than asked the Commissioners about (8) Renaming Graf Street. A majority of the Commissioners concurred that renaming that portion of the street where it turns southward would be appropriate. . City Manager Wysocki then referred to 118) which requires that Mathew Bird Creek Subdivision be contingent upon the minor subdivision being filed. Commissioner Frost stated his opposition to this subdivision, because of traffic impacts. He noted that growth in the area south of the community has occurred faster than was originally anticipated and, as a result, traffic volumes have grown faster; and improvements may be needed earlier than anticipated. He noted that staff is waiting for development to put in transportation improvements south of town. With this development, those traffic impacts will be increased, particularly on South Third Avenue and South Willson Avenue; and he does not want to add to the traffic load on South Willson. He stated that South 11 th and South 19th should be used as arterial streets not South Willson, which is a collector. He stated that the transportation system is not prepared for this growth; and he feels that those strains which . currently exist need to be addressed before more traffic is added. Commissioner Youngman stated she does not want to stop this development, but she feels it is ahead of its time, particularly because of traffic impacts and the lack of impact fees. She noted that issues such as effects on local services and natural environment, habitat, public health and safety, traffic, and impact on the schools are to be considered when reviewing a subdivision application. She feels that the traffic problems have not yet been adequately addressed; and she would prefer to see this application come back with lots of natural area around the edge, although she recognizes that cannot be mandated. She then stated that, while she would be willing to consider approval of a subdivision on this property at some point, she does not support this application at this time. Commissioner Stiff stated he will vote for the subdivision at this time. . Mayor Vincent will vote against the proposed subdivision on the basis of the criteria set forth in the Montana Code Annotated. He feels there is an impact on agriculture, impact on local services in regard to response time, impact on the public school system, impact on the natural environment, and some impacts on wildlife and habitat. He characterized those concerns as relatively minor when considered in light of effects on public health and safety, 05-23-94 -- -- --..- . --- - 11 - particularly the impacts on the traffic, which are the most important consideration. He feels that the point has been reached where infrastructure needs of the community need to precede the impact, rather than hoping that the infrastructure will be improved to meet the needs later. He noted that the staff report indicates that transportation projects are scheduled for the area; . however, he noted they have only been proposed and that the financing has not yet been identified. Mayor Vincent further stated that even if the secondary access were provided with this subdivision, which he feels should be done, it is still primary in terms of where the traffic goes. He stated that traffic from the subdivision will use South Third and South Willson, neither of which is prepared for it at the present time, no matter what other route may be proposed. He concurred with Commissioner Youngman that this subdivision is ahead of its time; and he feels this is substantiated by the findings of fact under the Montana Subdivision review laws. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the preliminary plat for Mathew Bird Creek Subdivision, as requested by Gary l. Voigt for Gene Graf under Application No. P-9413, to allow the subdivision of 26.918 . acres located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots, subject to the following conditions: 1. The final plat shall conform to the Uniform Standards for Final Subdivision Plats, comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, contain all appropriate certificates with the corrections indicated in the Staff Report, and be accompanied by all appropriate documents, including a Platting Certificate. 2. 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. 3. A storm water drainage and final grading plan must be submitted for plan and specification review. A gutter capacity evaluation must be provided. . The storm detention pond must be redesigned to provide full capacity for storm water detention, and a six foot depth is not acceptable. The northern slope of the runoff pond cannot be located in the linear park or allow any discharge into the trail. However, the applicant will have the opportunity in this plan to prove that the storm water detention area will be conducive to park use and will not be detrimental to the health, safety and welfare of the public, and if this can be shown, and is acceptable to the Planning Staff, Public Service Director, and Park Superintendent the storm water drainage lot may be 05-23-94 --- - 12 ~ dedicated to the public as park land. If accepted as park land, it shall be in addition to the required one-ninth park land dedication. If the proposal is not acceptable to City Staff, the storm water drainage lot may not be dedicated to the City of Bozeman, and ownership of the storm water detention area will be by the Homeowner's Association. In any event, a storm water maintenance plan for the pond and any associated appurtenances must be submitted and approved prior to final plat approval, . which indicates that maintenance of the pond and all associated appurtenances is the responsibility of the Homeowner's Association. A note shall be added to the plat that the storm detention "pond lot" is un buildable, unless it is designated and accepted as public park land. 4. 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, and erosion/sediment control plan shall be prepared for disturbed areas of five acres or less if the point of discharge is less than 100 feet from state waters. 5. The approval of the final plat of this subdivision shall be contingent upon the filing of the minor subdivision of Graf's Fourth Subdivision. 6. INFRASTRUCTURE: a) Plans and Specifications and a detailed design report for water and sewer main extension, public streets, and storm drainage improvements must be prepared by a Professional Engineer (PE) and shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences, (water and sewer only). The applicant shall also provide PE services for Construction Inspection, post-Construction . Certification, and preparation of mylar Record Drawings. 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. b) All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets including curb/gutter, ADA handicap access ramps, and sidewalks fronting parks, open space, or other non- building lot frontages, and related stormwater improvements shall be financially guaranteed or constructed prior to final plat approval. No building permits will be issued prior to acceptance of subdivision infrastructure improvements. c) Water and sewer services must be installed with the initial construction to meet all planned uses of the lots. Further subdivision of the lots will be prohibited. d) City standard residential sidewalks shall be constructed on all public street frontages on each lot prior to occupancy of any home constructed on the lot. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), . regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. e) The developer shall install the sidewalk on the frontage of the pond lot and across all park land which fronts on a public street at the time the street infrastructure is installed. f) If curvilinear sidewalks are to be installed in Graf Street, they shall be installed by the developer at the time the Graf Street infrastructure is 05-23-94 u - 13 - installed, to insure uniform construction. The meandering sidewalk must leave a minimum 3-foot width of boulevard. g) The water main shown on the preliminary plat as extending from the 24" main near Billion Place shall extend to connect to the water main at the corner of Biering and Graf Streets rather than between Lots 3 and 4, Block 4, as shown. This water main loop shall be completed with Phase 1 improvements. . h) The easements for the water main extension shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. The applicant shall record the water main easement prior to approval of the infrastructure plans and specifications. 7. STREETS AND CONSTRUCTION: a) The proposed emergency access shall be constructed to a gravel standard from the east boundary of this subdivision to the current terminus of the road/driveway, as approved by the City of Bozeman, with a City standard barricade installed on Biering Street prior to final plat approval of Phase I. The design and location of the barricade shall be approved by the City prior to installation. The emergency access may be vacated after a secondary access is constructed, but only with the approval of the City of Bozeman. b) The centerline radius for Graf Street must be a minimum of 300 feet. c) The applicant shall utilize an alternative listed in the soils and pavement design report (prepared by Braun, Inc.) for road construction which includes . the use of a geo-textile fabric. Final pavement section design will be evaluated during plan and specification review. d) The recommendations listed in the "Soil Survey and Pavement Design Report" (prepared by Braun, Inc.) shall be included in the plan and specification submittal. e) The plan and specification submittal must include measures to mitigate the potential for groundwater to be carried down gradient via utility trenches. f) 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. 8. The flood plain boundaries shall be depicted on the final plat and on all plans. Appropriate 404 Permits, or any other required permits, shall be obtained from the Army Corps of Engineers prior to construction. 9. The final plat shall show 20 foot rear and 10 foot side lot utility easements on all lots, as well as 12-foot front yard utility easements, unless written . notification is provided from U.S. West and TCI Cablevision that the front yard easement is adequate. 10. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SIDs. The Waiver shall specify that in the event SIDs 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, linear 05-23-94 .-.". .-.- --- - 14 - front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements: a) South Third Street improvements (between Kagy and Goldenstein) including paving, curb/gutter, sidewalk, and storm drainage (unless previously filed with the property). b) Kagy Boulevard improvements (east of Willson Avenue), including . paving, curb/gutter, sidewalk, and storm drainage (unless previously filed with the property). c) South Third Street/Kagy Boulevard/Willson Avenue intersection improvements and signalization. d) Improvements to the sanitary sewer lines to the north of the subject property. e) Park development and maintenance district for area parks. 11. A linear trail shall be constructed in the dedicated parkland from the soutwest corner of the property north and east to Graf Street, then along the parkland requred in Condition No. 13 and continuing east and north to the north boundary of the east park property. The trail shall meander through the existing mature trees on the west edge of the park. The entire park area shall be planted in native meadow vegetation, with the species approved by the Park Superintendent. The design, location, width, and type of permeable-finish material of the trail shall be submitted to, and approved by, the City Park Superintendent prior to final plat approval. . Construction of the trail shall be completed by the developer within three years of final plat approval of Phase I of the subdivision. If the trail is not completed prior to final plat approval of Phase I of the subdivision, a cost estimate of the improvements shall be provided by the developer, an Improvements Agreement entered into, and the costs guaranteed, as provided for in Section 16.26 of the Bozeman Area Subdivision Regulations. 12. The following note shall be added to the plat: Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full or daylight basements be constructed. 13. That the Covenants be amended as outlined in the Staff Report and should be written to apply to both phases. A copy of the Covenants must be submitted to and approved by the Planning Staff prior to final approval, and must be filed with the final plat of Phase I. 14. A note shall be added to the final plat of the subdivision and to the subdivision covenants that the existing trees and bushes located along the western edge of the subdivision cannot be removed from the property . (unless diseased or dead). 15. Graf Street, from its intersection with Spring Creek Drive, be renamed, with the new name approved by the City Engineering Department. "South Graf Street" would be acceptable. 16. The final plat of each phase shall contain a note which prohibits direct access onto Graf Street from any lot which has access to another street. 05-23-94 - 15 - 17. A minimum 3D-foot wide linear park shall be dedicated across the northern boundary of Lot 1. The remainder of the 5-foot wide right-of-way strip shall be in Lot 1. 18. That the County Weed Control Officer approve a Weed Control Plan for the subdivision, and a signed copy of the Plan be submitted to the Planning Office prior to final plat approval. . 19. That Lot 12, Block 1, provide a minimum 70-foot width at the 25-foot setback line. 20. If it is the developer's intent to file the plat prior to the completion of all required improvement, 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. The motion was failed by the following Aye and No vote: those voting Aye being Commissioner Stueck and Commissioner Stiff; those voting No being Commissioner Youngman, Commissioner Frost and Mayor Vincent. City Attorney Luwe asked that the Commission now take action on a motion for denial of the application. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission deny the preliminary plat for Mathew Bird Creek Subdivision, as requested by Gary L. Voigt for Gene Graf under Application No. P-9413, to allow the subdivision of 26.918 acres located in the southwest one-Quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stueck and Commissioner Stiff. City Attorney Luwe stated that Assistant Planning Director Arkell will prepare findings of fact based on the decision made today, for Commission action in possibly one or two weeks. He stated those findings will set forth the reasons for denial of this application. . Discussion - steDs for considerina recommendations forwarded in raDort from housina task force Included in the Commissioners' packets was a memo and list of ideas regarding how to act on recommendations from the Affordable Housing Task Force, as submitted by Commissioner Youngman, and lists of responses to the Housing Task Force Recommendations 05-23-94 - 16 - as submitted by Commissioner Stueck and Commissioner Stiff. The City Manager distributed to the Commission a letter from the Gallatin Development Corporation Board of Directors expressing concerns pertaining to the recommendations of the Affordable Housing Task Force. . Neighborhood Coordinator/Grantsperson James Goehrung asked for Commission input regarding their positions on the 17 recommendations that were advanced to them by the Task Force. Commissioner Frost stated he liked Commissioner Youngman's summary. He noted his support for Option No.4, as identified in that memo, which provides for adoption of some version of the report. He stated he wants to go through each of the recommendations carefully; and he wants to amend some of the items. He does not feel that the Commission can move forward with just the 17 recommendations forwarded unanimously, but he prefers to consider all of the 23 items because they were supported by a majority of the committee members. He then stated he would like to have a public hearing held as soon as possible and move the process forward. He stated concurrence with some of Commissioner Youngman's . comments; however, he stated there are a lot of people that would not support regulations for set-asides. He suggested that that type of recommendation should be optional rather than mandatory. Commissioner Stueck stated he concurs with many of the items contained in Commissioner Youngman's memo. He stated that he had a meeting with a former member of the Commission, several business people and neighbors; and the exclusionary zoning and the linkage fees are definitely viewed as an anti-economic development for Bozeman. They felt that if there were another way to come up with incentives for developers, rather than mandatory set-asides or exclusionary zoning. He stated they feel that using this method to address the issue of affordable housing may be creating a worse problem which would, in the long run, have a very negative effect on Bozeman's economy by increasing the property values. . He stated that this impact would spread to all industries in town. He noted the letter which the Commission received, also mentions that we have groups in this community spending time, resources and effort into attracting business into the community; and the proposed set-asides and exclusionary zoning would negatively impact those efforts. He then stated his support for all of the recommendations forwarded by the Housing Task Force and in Commissioner 05-23-94 -- .---.. - 17 - Youngman's memo except for these two items. He stated his interest in getting the process started in whatever manner it takes. He suggested that it be started with something that everyone agrees on so they can work together. Commissioner Youngman noted that everyone is concerned about this issue and stressed . the fact that everyone must work together in an concerted effort to get this program started. She then stated she feels it is important to air all of these suggestions at once, noting that some of them do not work well alone. She suggested that regulatory reform and the housing trust fund alone will not substantially address the issue because developers cannot afford to build anything affordable according to the definition forwarded by the Housing Task Force. She noted, therefore, she has proposed a more liberal definition of "affordable", realizing that other incentives must also be considered. She also suggested that encouraging mobile homes will help to address the issue. Commissioner Stiff stated that he has spoken with various contractors about the issue, as well as some of the committee members. He stated that inclusionary zoning must be eliminated, stating the City cannot expect the contractors to contribute this when other . segments of the community are not required to do so. He also expressed concern about asking the City Manager to set aside $100,000 from the General Fund in a Housing Trust Fund, noting he wants to give that issue substantially more thought than he has to date. Responding to Commissioner Youngman, Commissioner Stiff stated he is not throwing that idea out for this year's budget, but he does not feel it is right to assume that it will be included. He then suggested that the City look at every parcel of land it owns to see if it is being used to its highest and best use. He noted that the City must be able to find someone to do what HRDC has done, through ownership and equity. He suggested the possibility of donating the planning and zoning processes for a good plan that may be submitted. He stated that it will cost roughly $60 per square foot; and he says contractors have indicated that a stick built home can be constructed for essentially the same price as a modular home. . Mayor Vincent stated that he feels a public hearing is a necessity in this situation. He stated that at the present timet he supports some of the recommendations contained in the report while others he does not. He noted this is the kind of issue where cooperation is the key. He suggested that the Commission must determine the type of setting they wish to use for the public hearing; whether it should be held on a special night, or in conjunction with a 05-23-94 ...- --,. --- - 18 - regular meeting. He then stated he feels that the public hearing should be held on all 23 issues, even though some of them have been rejected to some extent. He emphasized the importance of a well-structure, informative public hearing as the first step in addressing the issue. Commissioner Youngman asked Neighborhood Coordinator/Grantsperson Goehrung how . much time it will take to gather information in preparation for a town meeting/public hearing; Neighborhood Coordinator Goehrung responded approximately a month. She asked if the possible budgetary impacts of this program could be identified in time to include them in this year's budget. City Manager Wysocki stated that the Commission could direct him to include a specific amount in the budget; and that amount could be adjusted later if necessary. He then expressed concern about the idea that a public hearing is needed on these recommendations, reminding the Commission that several members of the public have spent a considerable amount of time and effort in developing these recommendations. He cautioned that the comments must be carefully considered, since some of them will be informed while others are uninformed. Commissioner Frost stated that, even though he assisted in the writing of the zone code, . he did not recognize how hard the regulations are and what they won't allow. He then stated that the code does allow a lot, although it does need creativity to accomplish some of them. He suggested that smaller lot size, smaller setbacks, and narrower streets should be carefully considered. He suggested that tying this to more incentives for developers could be beneficial. He stated that he is interested in receiving public input on the $100,000 set-aside for the Housing Trust Fund, noting he feels that he can make a decision on the other items without public input. City Manager Wysocki encouraged the Commission to look at the agenda for tomorrow night's Planning Board meeting. He emphasized the fact that this is a poor time of the year to be adding another major project into the workload. He suggested it would be better to methodically work through the process rather than trying to speed it through. . Commissioner Youngman stated that getting some of the recommendations "fleshed out" will take time; however, she noted that others will require minimal work. She then suggested that the public hearing date could be set before the work is completed. Commissioner Stiff stated his preference for reviewing the report upon which the public hearing is to be held before it is submitted at the hearing. He then stated he feels that a good 05-23-94 - 19 - incentive package must be provided; and he feels that is missing in the current document. He noted that smaller lots and smaller houses may be a part of the solution. Responding to Commissioner Youngman, none of the Commissioners stated any disagreement with her definition of "affordability". . Neighborhood Coordinator Goehrung stated that his memo simply forwarded an outline of the recommendations, rather than a comprehensive report. He then stated a willingness to expand that report, possibly providing arguments on both sides. He stated his desire to refine the information, and provide that report back to the Commission. He then encouraged the Commission to keep the hearing focused on things that could be done. He asked if there are options that have been overlooked, some that are not acceptable, or some that need amending. Commissioner Youngman stressed the importance of having answers from the bankers or realtors or builders on how they would assist in providing affordable housing. The Neighborhood Coordinator/Grantsperson suggested a breakdown as to the cost of building materials plus labor might help to address that issue. Commissioner Stiff stated that conversations with contractors have revealed there is . more to constructing small houses on smaller lots than just constructing more houses on a certain size of lot. He stated that, while they make the same percentage of money, "there are more issues lurking in the corners". He then asked what is actually contained in Nos. 4 and 6, noting that the Commission must determine what type of values are involved. He stated that at this point in time dealing with City regulations and permits have become overly complicated. He further stated that if we expect people to help than we as a community are going to have to do our part as well. He also suggested the possibility of using City-owned property for affordable housing projects. Responding to Commissioner Youngman, Neighborhood Grantsperson Goehrung stated that the only change he noted in the definition of "affordable" was modification of the percentage from 80% to 120%. . Commissioner Stueck asked if the Commission is willing to give something to a developer who wants to build smaller homes, i.e., narrower street width, natural drainage instead of storm drainage, less setbacks. He stated there is nothing wrong with that idea, but it does not fit the zone code or regulations. He also noted that the planned unit development is an expensive process. 05-23-94 - 20 - City Manager Wysocki reminded the Commission that last week, he suggested a PUD process for affordable housing. Commissioner Stueck then stated he has no problem with a public hearing on the proposed recommendations, although he has no problem with making a decision without a . hearing. He then referred to the Dickinson Manor project, which would have helped the rental situation in Bozeman with its 160 units. The original design was not acceptable to the neighborhood; but the revised acceptable design added $400,000. He stated that those are the costs which are impacting development in Bozeman, suggesting that a concession would have been if the neighbors would have accepted redesign and allowed a decrease in street width or waived some of the landscaping. Mayor Vincent reminded the Commission of the small units along East Main Street which were approved just a few years ago. He noted that, while those units are small, they meet a need. Commissioner Frost stated that a conversation with three developers indicated that landscaping was a very minor cost in the overall development costs. He asked how much . requiring that the landscaping and sidewalk actually enhance the value of a development, at a relatively minimal cost. Neighborhood Coordinator/Grantsperson Goehrung stated that he felt it would take him at least a month to put together all of the needed information and the input that he has received, as this is a very complex issue. He then stated that if any of the Commissioners wish any additional information, he will review the research information which the committee has gathered, forwarding any pertinent information to the interested Commissioner. He also indicated his intent to further research the definition of "affordable", noting that it was established in a manner which does not conflict with the federal definition, in the event that the City wishe$ to apply for federal program monies. Mayor Vincent stressed the importance of having all possible information available and . being able to focus on the real issue at hand, citing the recent town meeting that on the transportation issue as an example. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, suggested a town meeting would be better than a public hearing, because it is much more effective and allows more issues to be presented and brought forward. 05-23-94 -- -..... - 21 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A memo from Jackie Stonnell, dated May 9, 1994, requesting approval of an . amendment to change the composition of the City-County Health Board to include a member from each municipality in the county, if the municipality requests representation on the Board of Health. The City Manager stated this is to be a future agenda item. He then stated his support for this proposed amendment. He also noted the importance of maintaining flexibility in a City's membership on that board, so that either the Mayor or a Commissioner can attend the meetings. (2) A letter from Roger L. Craft, submitted at the town meeting, expressing his support of the proposed transportation plan, listing concerns he thinks need to be addressed, and addressing the possibility of a bond issue. (3) A letter to the City Commission, dated May 20, 1994, from Mary Vant Hull . concerning the Transportation Plan, etc. (4) A letter from Claire Kimm, Director of the Pregnancy Caring Center, dated April 26, 1994, requesting permission to conduct the ninth annual Walk for life '94 on June 4, beginning at 9:00 a.m. (5) Minutes from the State Highway Commission meeting of April 7, 1994. (6) Agenda from the Development Review Committee for the Tuesday, May 24, 1994 meeting. (7) Agenda from the Design Review Board for the Tuesday, May 24, 1994 meeting. (8) Agenda from the Gallatin County Commission for the Tuesday, May 24, 1994 meeting and the minutes for the week of May 9, 1994. (9) A memo from Debbie Arkell, Assistant Planning Director, dated May 16, 1994, . listing proposed conditions for the Courtyard Cottages Subdivision preliminary plat application. The City Manager forwarded his frustration with this project, noting it has become a planned unit development, even though that is not what the application was for. (10) The City Manager submitted his weekly report, as follows. (1) Met for over two hours with Mr. Syth, a member of the Homebuilders Association, to gain a better knowledge 05-23-94 - .- -.-- - 22 - of what the Association is dealing with. (2) Met with representatives from MSU regarding the fire protection agreement. (3) Noted the differences of attitude that are occurring in the community, including rudeness. (4) Attended a meeting concerning the new phone system. He noted the long drawn out process is needed to accomplish a more efficient end product for . the City and the County, and because of the large expense involved. He stated that we are using the State's RFP process to obtain the best product. He noted that hopefully the final bids will be received sometime in mid-July. (5) He noted that the Fiscal Forum will be meeting sometime this coming week to explain where the budgeting and financing processes are derived from and what the costs are going to be to public, and respond to questions. (5) Noted that there had been a lot of time spend last week on the budget preparation and the town meeting this past week. (6) Stated that he had attended a meeting with a group from the Farmers Canal as to what they are willing to do, what their needs are, and what needs to be done concerning the ditches that are being built across in the valley toward the west. (11 ) Commissioner Stueck submitted the following. (1) Reminded the City Manager of the joint meeting with the City and County Commission, at the County Shop, June 7 at 9:00 . a.m. to discuss the various road projects. (2) He stated that last week was very hectic with his involvement in preparing a bid for a five and a half million business administration building at the U of M. (3) He stated that he felt the town meeting went very well and thanked staff for their preparation efforts. ( 12) Commissioner Frost submitted the following. (1) Attended three meetings for the downtown improvement steering committee to finalize their goals for this year. (2) He stated that he feels that the town meeting went very well and questioned when the follow-up will be. City Manager Wysocki stated that he needs to talk to the County Commission as to what their attitude is. (2) Stated that he has a flyer from the Department of Transportation pertaining to a workshop to be held at MSU, June 3 and 4, on alternative energy resources. He will be unable to attend as he will be in Helena those dates, but encouraged the other Commissioners . or members of staff to attend. (3) Announced that the enhancement steering committee meets next week to go over all their final projects before voting on them. (13) Commissioner Youngman submitted the following. (1) Reminded everyone of the Rally Against Racism tomorrow. She stated that Sheriff Slaughter is very enthusiastic about participating. (2) She mentioned the proclamation concerning "Safe Bozeman" and that people 05-23-94 - 23 - are planning to go door to door with surveys and pamphlet listing different resources in town relating to these issues. (14) City Attorney Luwe submitted the following. (1) Michael Salvagni, County Attorney, contacted him last week. He stated the County Commissioners have asked Mr. . Salvagni to issue a formal opinion on impact fees; that should be coming out as soon as he is able to complete his research. City Attorney Luwe stated that he is sending Mr. Salvagni all of his research to make sure all bases are covered. (2) Noted that the Department of Health and Environmental Sciences would like a representative from the Commission, specifically an elected official, to attend the public meeting with Barry O'Connell, on June 2 at 7:00 p.m. He stated that he and Mr. O'Connell would like to meet with that representative before the meeting for a discussion of the issues being covered, so as to be well informed. (15 ) Acting Clerk of Commission Corcoran submitted the following. (1 ) Briefly reviewed next agenda, stating that the main items on next week's agenda so far are the continued preliminary plat review for Courtyard Cottages Subdivision, the continued public hearing to create Special Improvement District No. 659 and consideration of the petition to . close Perkins Place. She stated that these items could involve quite a lot of discussion. (16) Mayor Vincent submitted the following. (1) That, upon the request of two other Commissioners and after consulting the City Manager, he would like to change the Commission meeting time to convene at 3:00 p.m., anytime between now and June 13. He stated that after June 13 it would be possible to start them earlier if need warrants, such as 1 :30 or 2:00 p.m. He stated that he has discussed this matter with Commissioner Stiff and they agreed if they were able to do this through the entire summer they may be able to get somewhat caught up to some extent. He asked the Commissioners to think about this in order to take some of the pressures off the Commission. He realized that there is little possibility of actually getting caught up but this would enable them to spend more time on each issue brought before them. He stated he was in full support of doing this. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 05-23-94 - 24 - Commission Resolution No. 2973 - intent to create Soeciallmprovement District No. 660 - imorovements to Valley Unit Park; set Dublic hearing for June 20. 1994 COMMISSION RESOLUTION NO. 2973 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF . BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 660 FOR PURPOSES OF IMPROVING THE VALLEY UNIT PARK IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 2974 - intent to create Soeciallmprovement Maintenance District No. 661 - maintenance of Valley Unit Park; set oublic hearina for June 20. 1994 COMMISSION RESOLUTION NO. 2974 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 661 FOR PURPOSES OF MAINTAINING, PRESERVING AND CARING FOR THE IMPROVEMENTS TO V ALLEY UNIT PARK TO THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 2975 - intent to establish a 1994 Sidewalk Program and to order the installation of sidewalks in certain areas of the community; set oublic hearing for June 6. 1994 . COMMISSION RESOLUTION NO. 2975 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLA RING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1994 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Commission Resolution No. 2976 - authorizing City Manager to sian Quit Claim Deed from City to Norman S. Handler ~ Lot 5. Block 1, Tange's Addition (West Oak Street and North 7th Ayenue) COMMISSION RESOLUTION NO. 2976 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TRANSFERRING LOT 5, BLOCK 1, T ANGE'S ADDITION FROM THE CITY OF BOZEMAN TO NORMAN S. HANDLER. Reauest for oermission to close North Willson Avenue between West Main Street and West Mendenhall Street - 1:00 to 4:30 D.m.. Tuesdav. . June 14. 1994 - Downtown Bozeman Association (musical event in coniunction with CNFR oarade) Authorize City Manager to sian - Lease for Beall Park Buildina with Beall Park Arts Center. Inc. ACknowledge receiDt of aoolication for annexation of 28.759 acres known as COS No. 482. located in the SE%. Section 24. T2S. R5E. MPM - School District No.7. "contiguous aovernment land" - refer to staff 05~23-94 ---.. -.- --- - 25 - Buildina InsDection Division reDort for Amil 1994 Claims It was moved by Commissioner Stueck, seconded by Commissioner Frost, 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 Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Adjournment - 6: 15 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . ~~~~ - JO VINCENT, Mayor \ ATTEST: ~ 1(. r1-u.~ A___ J JUDITH K. CORCORAN Acting Clerk of the Commission . 05-23-94 - - __n._