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HomeMy WebLinkAbout1993-12-13 ccm . . . I >' -~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 13, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 13, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan (for the afternoon session). Commissioner Vincent was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - December 6. 1993 Mayor Swanson deferred action on the minutes of the regular meeting of December 6, .1993, for a period of one week, since the ~ommissioners received them just prior to the meeting. Authorize absence of Commissioner Vincent from meeting. in compliance with Section 7-3-4322(2). M.C.A. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that Commissioner Vincent's absence from this meeting be authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - variance from Section 18.14.050 of the Bozeman MuniciDal Code to allow a Darkina area to encroach 16 feet into the reauired 25-foot front vard setback - Valley View Golf Club - Tract 11. Vallev View Annexation (302 East Kagy Boulevard) (B-9315) . This was the time and place set for the decision on the variance from Section 18.14.050 of the Bozeman Municipal Code, requested by Valley View Golf Club, under Application No. B- 9315, to allow a parking area to encroach 16 feet into the required 25-foot front yard setback on Tract 11, Valley View Annexation. The subject site is more commonly known as 302 East Kagy Boulevard. 12-13-93 -..---....-.--... -- ..------..-. - - .. .. . , - 2 - Mayor Swanson reminded the Commission that the public hearing was conducted and closed at last week's meeting. Mayor Swanson then stated that it is important to address the issues of safety which are involved in this application. He suggested that these issues can adequately be addressed under the _equested variance rather than by considering relocation of the clubhouse. He stated that the second criterion for considering variances is whether literal enforcement of the ordinance will result in unnecessary hardship. He stated that a golf course is unusual because its fairways, holes, roughs, and greens are its infrastructure and should be considered as such. He noted that, while the golf course does have an extremely large amount of open space and many of the people in the community enjoy playing on it, the entire community needs to be pleased by its appearance from the roadway. He suggested that to accomplish this, it might be appropriate to require that the landscaping in front of the parking lot be increased and that the landscaping possibly be increased approximately 30 yards to the west and especially to the east, along the frontage of the golf course. Commissioner Knapp stated she concurs that the golf course creates a different situation .ecause of the amount of open space involved. She suggested that a new stand of aspens be required at the northwest corner of the property, with ground cover that will allow for and encourage the aspen to replace themselves. Responding to Commissioner Stiff, City Manager Wysocki stated that he has discussed the distances on Hole No. 9 and how relocation of that hole might impact surrounding development. He stated that to move the hole seven to ten yards south might change the angle of the landing area, causing it to be closer to the condominiums along Fairway Drive. He then stated there is an irrigation water line between the old clubhouse, which is also the proposed location of the new clubhouse, and the No.9 green. He reminded the Commission of the City's policy that a 15-foot-wide easement be maintained on both sides of an underground line, so the City's Water Department can service the line; and no structure may be constructed upon the line. . Commissioner Stiff stated he concurs that the locations of the clubhouse and the tees and greens should not be revised because of safety concerns. He indicated a strong interest in increasing the vegetation in the strip between the parking lot and Kagy Boulevard as much as possible. 12-13-93 ---.-----.- .-.-- n.._ _ _ ... ! ( - 3 - Commissioner Frost noted there are three criteria which must be reviewed when considering a request for a variance. He concurred that a safety issue does exist and that the infrastructure must also be carefully considered. He expressed concern that the requested variance does not meet the spirit of the ordinance, which is the third criterion to be considered. He stated _hat the landscaping proposed meets the minimum requirements of the ordinance but does not represent any type of excellence in design. He stated that if the landscaping along the Kagy Boulevard frontage were upgraded, he believes that this application could then meet the spirit of the ordinance. Mayor Swanson noted that, as he walked along the golf course property last week, he noticed the nice split rail fence which runs north and south along the east side of the parking lot. He suggested that extending the fence around the corner and to the east property line would create a nice visual element; and adding fencing on the west side of the lot, in front of the grouping of aspens proposed by Commissioner Knapp, could tie the entire parcel together visually. He suggested that all of this fencing would not need to be done at once, but could be phased in over a period of years. . Associate Planner Kevin Wall forwarded proposals on landscaping, based on the Commissioners' comments, for their consideration. He suggested that a cluster of eight or more aspens, planted on three- to five-foot centers, would create a nice grouping at the northwest corner of the site. He also suggested that one large tree be required in each of the two landscape islands in the westernmost row of parking spaces, to help break up the visual impact of the large expanse of parking area. He then addressed that portion of the site from the parking lot east to the property line. He noted there is no boulevard per se; therefore, any planting of "street trees" must occur on the golf course property. He further noted that, with the spectacular view which the golf course creates, he does not believe it would be in the best interests of the community to require the standard 50-foot spacing for street trees. He emphasized the importance of providing a uniform appearance in the planting of the trees, and suggested that they be spaced one every 75 feet, in . straight line between five and ten feet from the sidewalk. The Associate Planner then expressed grave concern about the proposal requiring the installation of the fence over a period of time, noting it would become an enforcement nightmare. He suggested, instead, that any required improvements be installed immediately, as a part of the total project. 12-13-93 ..-.---------- . , . - 4 - At Mayor Swanson's request, the Planner forwarded the following language for a possible condition, noting he has not included any provisions for fencing in it: 1. That the applicant shall provide the following additional landscaping: a. One (1) large canopy or evergreen tree in each landscape island on the westernmost row of parking; . b. A cluster of at least eight (8) aspen trees in the northwest corner of the site, spaced three to five feet on center, with a non-mowable ground cover underneath; and c. Large canopy trees, placed on 75-foot centers, in a straight line between five and ten feet on center from the edge of the sidewalk along Kagy Boulevard between the eastern drive approach to the clubhouse and the northeast corner of the property. Responding to Commissioner Knapp, Associate Planner Wall expressed concern about requiring any additional interior landscaping in the parking lot. He noted that the golf club has proposed two more parking spaces than required under the zoning ordinance; and he is concerned about eliminating any of them for landscaping because of the potential need for all of those spaces. Mayor Swanson suggested an alternative for split rail fencing, which could be required immediately, would be to install the fencing for a distance of 50 to 75 feet at the northwest corner eOf the site, and then extend the existing fence along the eastern edge of the parking lot, eastward along Kagy Boulevard past the existing grove and practice green. He noted that this requirement could be left rather loose, allowing staff and applicant to work together to reach an agreeable fencing requirement. Following a brief discussion, the Commissioners indicated a willingness to possibly require fencing, but leave final resolution to staff and the applicant. Mayor Swanson asked if the applicant is willing to accept the conditions for approval as proposed by staff and as discussed by the Commission. Mr. Lowell Springer, architect representing Valley View Golf Course, stated that in discussions this past week with members of the Club, they agreed to continue the cedar fencing .cross the trail where the carts now travel at the east side of the parking lot, because that will help to increase security. He stated that they had determined a distance of 50 feet to the east would be nice. He stated that the suggestions for the aspen grove at the northwest corner and large trees in the two landscape islands are nice; and the Club will agree to install those. He indicated that they will also work with staff on the fencing issues. 12-13-93 ----..------..--.--.. . ., '. - 5 - City Manager Wysocki reminded the Commission that four affirmative votes are needed to approve a variance. He suggested that, since only four Commissioners are present at this meeting, if there is not a consensus, it may be appropriate to defer action until next week's meeting, when a full Commission is present. . Commissioner Frost stated that, with the conditions which the Commission has discussed, he feels that this variance meets the three criteria established by the Montana Supreme Court. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission approve the variance from Section 18.14.050 of the Bozeman Municipal Code, requested by Valley View Golf Club, under Application No. B-9315, to allow a parking area to encroach 16 feet into the required 25-foot front yard setback on Tract 11, Valley View Annexation, subject to the following conditions: 1. That the applicant shall provide the following additional landscaping: a. One (1) large canopy or evergreen tree in each landscape island on the westernmost row of parking; b. A cluster of at least eight (8) aspen trees in the northwest corner of the site, spaced three to five feet on center, with a non-mowable ground cover underneath; and . c. Large canopy trees, placed on 75-foot centers, in a straight line between five and ten feet on center from the edge of the sidewalk along Kagy Boulevard between the eastern drive approach to the clubhouse and the northeast corner of the property; and 2. That the applicant work with staff to develop an acceptable plan for extending the cedar split rail fencing along portions of the Kagy Boulevard frontage. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Decision - appeal of decisions bv the Develooment Review Committee and Desion Review Board to denv a minor site olan review aDDlication to modify an existino final site Dlan under Aoolication No. 2-91122 to convert a gasoline service station to an automotive lubrication and oil change business - Paul Ellis. Soeedv Lube - Lots 17 and 18. Block 3. Violett Addition (438 North 7th ~ This was the time and place set for the decision on the appeal of decisions by the Development Review Committee and the Design Review Board, as requested by Paul Ellis, Speedy Lube, under Application No. 2-91122, to deny a minor site plan review application to modify an existing final site plan to convert a gasoline service station to an automotive lubrication and oil 12-13-93 " . - 6 - change business on Lots 17 and 18, Block 3, Violett Addition. The subject site more commonly known as 438 North 7th Avenue. City Manager Wysocki reminded the Commission that the public hearing was held on November 1 and November 8 and that Mr. Ellis had requested a three-week delay at the November .22 Commission meeting. He noted that staff has been directed to work with the applicant in an attempt to reach an acceptable compromise. He noted that, as a result of meetings, Senior Planner Skelton has prepared a sketch plan, which was included in the Commissioners' packets, for consideration. He indicated that a couple points of disagreement still remain, which the Planner will note in his presentation. Senior Planner Skelton reminded the Commission that six deviations have been requested in conjunction with this minor site plan. He noted those deviations are set forth in his memo of December 9. He briefly reviewed the staff comments on each of those deviations. He noted that the Development Review Committee and the Director of Public Service agree that the westernmost curb cut on West Short Street needs to be closed. He stated Mr. Ellis wishes to utilize concrete pin-down wheel stops instead of the continuous concrete curbing which the Development Review .committee and the Director of Public Service have recommended around the interior landscape islands. He noted that the applicant has agreed to provide continuous concrete curbing along the throats of the remaining three curb cuts. The Senior Planner stated that the location of the off-street parking and the signage are the two issues which remain unresolved. He stated that six off-street parking spaces are required for this business. Staff concerns about the designated off-street parking spaces revolve around (1) ensuring ample backup maneuverability, with a minimum distance of 26 feet; (2) avoiding sporadic dispersement of the spaces; (3) avoiding potential vehicular circulation conflict with the designated snow storage area; and (4) allowing direct vehicular circulation from the alley. The Planner stated that the proposed one-way diagonal parking spaces would not work effectively on this site. He also noted that, with the limitations of the property, finding an acceptable off-street earking plan is difficult. He stated this is further impacted by Mr. Ellis' indication that during peak . times, he has five to six employees. Senior Planner Skelton stated that the area immediately south of the landscape island at the northwest corner of the property has been designated as the snow removal area. He noted that, in practicality, this is where the snow has been stored and it seems to work well. He 12-13-93 ....--...-.--.- -.... -.. --..-.- ~ " . - 7 - suggested that in the summertime, it may be possible to use that area as an off-street parking space. The Senior Planner next addressed the issues of open space and landscaping on the subject site. He noted that during both the 1991 and 1993 reviews, staff has been instructed to .aVOid any decrease in the landscaped areas. He stated that a 25-foot-wide landscape area at the southwest corner of the site is shown on the site plan he has proposed. He noted that the site plans filed in 1991 and 1993 by the applicant show a 25-foot-wide landscaped area along the North 7th Avenue frontage. He noted, in reality, the existing landscaped area around the freestanding sign is only 20% feet wide; and the applicant maintains that it needs to be reduced to this width for vehicular circulation. He noted that the applicant also proposes a 10-foot-wide strip of landscaping along West Short Street. Senior Planner Skelton reminded the Commission that the zone code does allow for deviations, in exchange for excellence and superior landscape design; and staff has been unable to identify any excellence in the proposal forwarded by applicant. He suggested that the applicant be required to have a licensed nurseryman prepare a landscape plan, with emphasis on low-profile .landscaPing in the northwest corner of the site, that includes texture, shape and seasonal color. The Senior Planner characterized signage as probably the biggest concern. He suggested that the applicant has two options for his freestanding sign: (1) erect a new freestanding sign five feet from the property line which is no more than five feet high and 28 square feet in size or (2) utilize the existing sign, recognizing that it must comply with the zoning ordinance by October 1, 1995. He suggested that the wall logo sign be allowed to remain, but that the "Valvoline" pennant flags and all oil product signs be removed. The Planner noted that the Commission has shown interest in allowing the applicant to water the landscaping from hose bibs on the building, rather than requiring an underground sprinkler system be installed. Senior Planner Skelton stated that, based on the Commission's direction and after working .ith the applicant, he has prepared sixteen conditions for Commission consideration in taking action on this appeal. Mr. Tom Anacker, attorney representing the applicant, stated that Mr. Ellis is willing to agree to the site plan prepared by the Planning Staff, with modifications as reflected in Attachment "A", which was also included in the Commissioners' packets. He noted that this attachment 12-13-93 . , - 8 - revises the east half of the lot by changing the configuration of the off-street parking area. He noted that under this parking plan, three parking spaces, parallel to the alley and accessed from either the alley or the curb cut on West Short Street, will be provided at the north end of the existing building, two parking spaces will be provided at the southwest corner of the site, and one .space will be provided between the alley and the back of the building. He stated that the parking space at the back of the building will be used by Mr. Ellis, as it already is. He noted that with this configuration, access to the site can be gained from the alley, even if all of the parking spaces at the north end of the building are occupied. He stated this will alleviate any need for employees of the business to drive customers' vehicles onto the street, which is one of Mr. Ellis' concerns. He indicated the 24-foot-wide driving aisle behind the parking spaces will provide adequate backing maneuverability and two-way access. He asserted this is a superior design and addresses the manner in which the business operates. Mr. Anacker stated that he feels pin-down wheel stops around the landscaped areas is appropriate. He noted there are no safety issues involved and requested that they be allowed, as requested by the applicant. . Mr. Anacker requested that the easternmost curb cut on West Short Street be allowed to remain at its current width, and not be enlarged. He noted that this will allow the curb cut to remain as it is; any enlargement will require that the curb cut be brought up to the standards set in the zoning ordinance. He stated that the applicant agrees to close the westernmost curb cut through the installation of landscaping, with no curbing to be installed. He stated the City has a $2,100 financial security from Mr. Ellis at this time and requested that the City accept that as the financial security for the additional site improvements that are being required because it would be financially difficult for the applicant to provide any more security. Mr. Anacker concluded by stating that Mr. Ellis agrees to leave the freestanding sign in its present location, recognizing that it is subject to amortization by October 1, 1995. He noted, therefore, the sign is not an issue at this point. . Responding to questions from Commissioner Frost, Mr. Ellis stated he has removed portions of the fence at the west edge of the curb cut on West Short Street. He noted that it had previously been at the edge of the pavement; and he removed that portion of the fence to ensure that semi-trucks would have adequate room to maneuver through the narrower curb cut. 12-13-93 ~ , - 9 - Responding to questions from Commissioner Frost, Senior Planner Skelton indicated that Condition No.8, as drafted, allows the freestanding sign to remain. He noted that Condition No. 11 allows only the freestanding sign and the business logo on the wall to remain, with all other signage being removed. He stated this includes the pennant flags and some freestanding oil _roduct signs. and some oil product signs on the facade of the building. The Planner then indicated that the locations of the continuous curbing and the pin-down wheel stops, as recommended by staff, are reflected on the site plan which was included in the Commissioners' packets. Further responding to questions from Commissioner Frost, the Planner estimated that the cost of remaining improvements is $3,000 to $4,000; and the financial guarantee is typically in the amount of one and one-half times the estimated cost. He noted that those costs are usually estimated by the Planning staff, and verified by the City's Engineering staff, based on estimates from local contractors. He stated that the existing $2,100 financial guarantee is substantially less than what would typically be required. Senior Planner Skelton stated that he views the fencing as a landscaping element; and he has no problem with it in that context. . Responding to Commissioner Frost, City Attorney Luwe stated that if the applicant fails to comply with the conditions set forth by the Commission, he will pursue revocation of the business license, which will require Commission action. He noted that another option, which is more typically followed, is to seek an injunction through the Court. Commissioner Frost suggested that with the revised site plan, it would be possible for truck traffic to maneuver through the site even if the full 25-foot-wide landscape island were provided along North 7th Avenue. Planning Skelton stated he concurs that the full 25-foot-wide landscape area could be required for those landscape areas at the southwest corner and in the middle, where the freestanding sign is located; however, he stated that staff negotiated to accept the lesser width as a part of its discussions with the applicant. . Commissioner Stiff raised questions about the use of landscaping only to close the westernmost curb cut. Following extensive discussion, Director of Public Service Forbes stated that, while staff has some concerns with this option, he believes that as long as landscaping is installed and maintained and as long as the sidewalk remains in good shape, he does not believe any hazard will be created by closing the curb cut with landscaping only. He noted, however, that 12-13-93 , r - 10 - if the sidewalk becomes broken and needs repair, curb and gutter will also be required. He then stated that the standard curbing which is required to protect the landscaping on the interior side of the sidewalk will not be required; rather, the landscaping will be even with and abut the sidewalk. . Senior Planner Skelton then responded to several questions from Commissioner Knapp regarding the requested deviations. He emphasized that staff recommends the 25-foot-wide landscape area at the southwest corner of the site because it has not yet been installed. He stated that staff can support the lesser width for the middle landscape island and definitely supports the narrower landscape strip at the northwest corner because of the need for a snow storage area. Further responding to Commissioner Knapp, the Planner suggested that revisions are needed to Condition No.3, apologizing for the misunderstanding in closure of the curb cut. He also agreed that Condition No.1 0 should be expanded to include all illegal signs be removed within ten days. Mayor Swanson stated his main concern is parking. He then suggested his willingness to accept Attachment "A"; the Commissioners concurred in turn. Commissioner Knapp questioned .whether that plan will provide adequate maneuvering room for trucks. Senior Planner Skelton stated that the landscape area shown at the north end of the building is to be cut back to the dotted line on the drawing, which allows a 24-foot driving aisle. He suggested that with shortening that landscape area, trucks should have adequate maneuvering room, according to the consulting engineer. Commissioner Frost emphasized the need for continuous curbing around the landscape area north of the building instead of the pin-down curbing requested by the applicant. Responding to questions from Commissioner Stiff, Mr. Ellis stated that trucks typically turn wide when entering the site from North 7th Avenue. He stated that he has not watched how close they come to the landscape island in the middle, noting he has concentrated on whether the picnic area at the north end of the building could feasibly be installed. He encouraged the Commission .0 approve the requested deviation for the middle landscape island to ensure there is adequate space on site for the maneuvering of vehicles. City Attorney Luwe reminded the Commission that their decision on this agenda item is to uphold, overturn or modify the decisions of the Development Review Committee and the Design 12-13-93 ---. - -~ . , - 11 - Review Board. He noted that if the Commission accepts the conditions forwarded by staff, as revised in this discussion, the decision is to modify the decisions of the DRC and the DRB. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission modify the conditions of the Development Review Committee and the Design Review . Board by approving the minor site plan to modify an existing final site plan, under Application No. Z-91122, as set forth in the site plan prepared by staff, dated December 10, 1993, with the parking configuration proposed in Attachment n A n as presented by applicant, to convert a gasoline service station to an automotive lubrication and oil change business on Lots 17 and 18, Block 3, Violett Addition, including the following deviations, a. From Section 18.50.100.D.5.h.1., to eliminate continuous concrete curbing around the perimeter of all designated landscape islands; b. From Section 18.30.050, to encroach four and one-half (4 Y2) feet into the twenty-five (25) foot front yard setback along North 7th Avenue; c. From Section 18.50.060.C., to encroach five (5) feet into the fifteen (15) foot corner side yard setback along West Short Street; d. From Table 18.65.050.C., to allow an existing freestanding sign to exceed the maximum allowable area for a low profile sign of twenty- eight (28) square feet, and exceed the maximum allowable height for . a low profile sign of five (5) feet; From Table 18.65.050.C., to allow an existing wall sign to exceed the e. maximum allowable area of surface covered by signage of fifteen (15) percent; and f. From Section 18.50.100.D.5.i., to allow the appellant to use hose bibs on the exterior of the building in lieu of an acceptable method of landscape irrigation, subject to the following conditions: 1. That the appellant submit a revised site plan and landscape plan that reflects the revised plan of the Planning staff, drawn by a professional engineer or architect, at a scale of not less than one (1) inch equals ten (10) feet, depicting accurately lot dimensions, sidewalks, light standards, signs, location of curb cuts, dimension of landscape islands, sight vision triangle, curbing techniques, landscape, off-street parking, snow removal storage areas, screened refuse area and landscape legend, for review and approval by the Planning Office; . 2. That the appellant submit a revised landscape plan and landscape legend, designed and certified by a local certified nurseryman, based on the Planning Staff's revised site plan, depicting the six (6) boulevard trees and low profile landscape, whereby all four (4) landscape islands demonstrate excellence in landscape design by responding to texture, shape and seasonal color, and that the landscape island at the northwest corner of the property be designed with landscaping which serves as a focal point for the subject property, for review and approval by the Planning Office; 12-13-93 -~~_. -, " , '", I - 12 - 3. That the westernmost curb cut along West Short Street be allowed to remain as it is but be closed through installation of the landscaping as shown on the site plan, that the easternmost curb cut be increased to a width of thirty (30) feet as identified by dimensions on the site plan submitted to the City Commission by Gaston Engineering & Surveying, and that it be noted accordingly on a revised site plan, for review and approval by the Planning Office; . 4. That six-inch by six-inch continuous concrete curbing be provided along the entire length of the throats of the three remaining curb cuts and the interior landscape island north of the building, that it be delineated accordingly on the site plan, that a typical detail be provided on the revised site plan for review and approval by the Planning Office, and that the curbing be tapered to "zero" grade at its points of termination; 5. That concrete pin-down wheel stops be spaced evenly along the interior edge of the four (4) landscape islands with adequate gaps for storm drainage runoff, that it be depicted accordingly on the revised site plan, and that a typical concrete pin-down wheel stop detail be provided on the site plan for review and approval by the Planning Office; 6. That the snow removal storage area and six (6) off-street parking spaces be delineated on the site plan as noted on the revised site plan, that the parking spaces be identified with four-inch-wide striping and noted accordingly on the site plan, that signage be provided to designate the off-street parking area, that it be located on the site plan, and that a typical detail of the parking signage be provided on the site plan for review and approval by the Planning Office; 7. That the landscape islands be allowed to be irrigated from the exterior . hose bibs on the building, and that the appellant agree to the lifetime guarantee of the landscape areas or replacement of the landscape per Section 18.50.100.H. of the zoning ordinance; 8. That the existing freestanding sign be allowed to remain as erected, being ten (10) feet from the property line, or that a low profile sign be erected closer to the property line along North 7th Avenue, as long as it complies with the sign ordinance, Table 18.65.050.C. of the sign ordinance, and obtains a Certificate of Appropriateness, and that the appellant agrees that all existing signs on said property will conform with the sign ordinance prior to October 1, 1995; 9. That the existing business logo, and only the business logo, located on the privacy wall at the south boundary of the property be allowed to remain on the wall, and that no additional signage be allowed on the privacy wall; 10. That all existing signs, except for the freestanding business sign and the business logo sign on the south privacy wall, be removed within ten (10) calendar days of the City Commission decision; . 11. That no additional signage, excluding the existing freestanding sign and wall sign business logo, be allowed on the subject property without first obtaining a building permit from the Building Department and a Certificate of Appropriateness from the Planning Director; 12. That the adjustable exterior light fixtures be adjusted within ten (10) days of the City Commission decision such that they deflect light directly down and away from any adjoining properties and shall not detract from driver visibility on adjacent streets, and that glare from the luminaire or lens cover will not be visible from the public right-of-way; 12-13-93 ------ _..__ n_________._____ , I - 13 - 13. That the garbage dumpster be screened to comply with the zoning ordinance within thirty (30) days of the City Commission decision, and that a typical screening detail showing dimensions, material and color be provided on the site plan for review and approval by the Planning Office; 14. That the appellant enter into an Improvements Agreement with the City of Bozeman to install the remaining required on-site improvements (i.e., . curbing, wheel stops, landscape, curb cut closure, curb sidewalk, parking signage) within six (6) months of the City Commission decision, that the improvements be secured with an acceptable financial guarantee, prepared by the Planning Office, within fifteen (15) calendar days of the City Commission decision, equal to one and one-half times the amount of the estimated cost of the scheduled improvements as determined by the City Engineer's Office, and that the method of security shall be valid for a period of not less than nine (9) months; 15. That, prior to any use of the third bay within the existing structure, the appellant shall obtain review and approval of a new application for a Certificate of Appropriateness and Minor Site Plan Review from the DRC and the ORB; and 16. That, if the above conditions of approval are not satisfied as outlined, the business license of the appellant shall be revoked and whatever legal action deemed necessary by the City Attorney shall be initiated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. . Break - 4:55 to 5:00 D.m. Mayor Swanson declared a break from 4:55 p.m. to 5:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - review of City's sidewalk Installation policv. as set forth in Commission Resolution No. 2816 City Manager Wysocki noted that, included in the Commissioners' packets was a memo from City Engineer Craig Brawner, dated, December 9, forwarding the revised sidewalk policy. Mayor Swanson suggested that the Commission consider voting on the policy as revised, possibly directing staff to bring back examples of how the rating criteria sheet would work on real .ife situations after the first of the year, for review and consideration by the new Commission. Commissioner Knapp stated appreciation for the revised policy and particularly for the rating criteria sheet. She noted it provides a concrete, defensible mechanism for implementation of the policy. 12-13-93 ._ .__.. _.__.~._.._ - __n__ -~';'o_"... , , , - 14 - Commissioner Stiff stated it seems the Commission is always dealing with the sidewalk policy. He then suggested that, since Commissioner Vincent is absent and since a new Commission will be seated on January 3, it may be more appropriate to defer any action until after the first of the year. . Responding to Commissioner Frost. City Engineer Brawner suggested that Section 2.4.2 be amended to refer back to Section 3.13, to clarify that there is an option for location of the sidewalk along an arterial or collector. The City Engineer responded to additional questions from Commissioner Frost, pertaining to the rating criteria sheet. Commissioner Frost noted that he reviewed three scenarios under the rating criteria sheet, including Figgins Addition without cul-de-sacs, Figgins Addition with cul-de-sacs and New Hyalite View Subdivision. He noted that the highest ranking was Figgins addition without cul-de-sacs, second was Figgins Addition with cul-de-sacs and New Hyalite View Subdivision was lowest. He concluded that the form works well. Mayor Swanson noted some of the provisions under Sidewalk Program Implementation .nd Schedule, particularly the ranking according to numerical value and the plan to conduct a public hearing on the annual sidewalk installation program. He suggested that these should help to alleviate some of the strain that has been placed on the sidewalk policy over the years. Mayor Swanson then suggested that the language under Section 3.9 be changed to read "Sidewalk may not be required on streets where an alternative and comprehensive all-season accessible and maintained pedestrian network exists... ", noting that changing the wording from "shall" provides more discretion for the Commission. Mayor Swanson then indicated he has no problem with deferring action on this item until after the new Commission is seated. City Engineer Brawner stated that "Section 5" should be changed to "Section 4". He then stated that staff in his office has run South Third Avenue, Pinecrest and Bond Avenue on the .ating Criteria Sheet. He noted that South Third Avenue ranked the highest, followed by Pinecrest and Bond Avenue. He noted this is a dynamic tool which should be completed by the same individual or same group for each street to ensure that the rankings are accurate. He then suggested that, as a result of the test runs, he would propose that the numeric values for B.3. be changed to provide a wider spread, possibly 1 to 10 instead of 1 to 5. 12-13-93 ------. -..--.---.. --.-.. , , - 15 - The City Engineer observed that the sidewalk policy is typically reviewed every couple of years, largely because of scheduling concerns. He stated that, hopefully with the policy and attendant rating criteria sheet, emphasis will be placed on the rating sheet and the resulting priorities rather than on the policy itself. . The City Engineer noted that Section 5 indicates that each year, City staff will update the priority list. He suggested that it may not necessarily be City staff that does the update, noting it could possibly be a sub-committee of Commissioners or some other group which the Commission designates. He cautioned, however, that any input provided must be complete and consistent. The Commission thanked City Engineer Brawner for his work and requested that he bring back the revised policy, with examples, for consideration by the new Commission. Renewal of Beer. Wine and Liauor Licenses for Calendar Year 1994 This was the time set for renewal of Beer, Wine and Liquor Licenses for the Calendar Year 1994. A total of 57 applications have been received, along with the required fees. City Manager Wysocki presented to the Commission the following list of establishments .WhiCh have made application and paid the required fee: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1994 APPLICANT BEER WINE LIQUOR TOTAL American Drug Stores, Inc. dba/Osco Drug Store 1525 West Main Street $ 200 $ 200 $ $ 400 American Legion Club 225 East Main Street 500 500 Anaconda Molly Brown, Inc. dba/The Molly Brown 703 West Babcock Street 500 500 Bernie's Town Pump . 1230 North 7th Avenue 200 200 Bozeman Bowling Co., Inc. dba/The Bowl 414 East Babcock Street 500 500 Bozeman Town Pump, Inc. 2607 West Main Street 200 200 400 12-13-93 , , , - 16 - Bridger View Conoco 1417 North 7th Avenue 200 200 400 Buttrey Food and Drug Company 1601 West Main Street 200 200 400 Cat's Paw 721 North 7th Avenue 500 500 .ENEX Petroleum, Inc. dba/Bozeman CENEX 23 North 7th Avenue 200 200 Chalet Markets of Montana 2825 West Main Street 80 200 200 400 Colombo's Pizza & Pasta 1003 West College Street 200 200 400 Community Food Co-op 908 West Main Street 200 200 400 Empire, Inc. dba/Black Angus 520 West Mendenhall Street 500 500 Faternal Order of Eagles Aerie No. 326 316 East Main Street 500 500 .Gran Tree Lounge 1325 North 7th Avenue 500 500 Grape Expectations Wines & Deli 27 South Willson Avenue 200 200 400 Great China Wall 525 Professional Drive 200 200 400 Heeb's Food Center 544 East Main 200 200 400 Hilltop Conoco 1007 East Main 200 200 Hinky Dinky Superette 5 Tai Lane 200 200 400 Holiday Inn of Bozeman 5 Baxter Lane 500 500 .ackPot Casino 1801 West Main Street 200 200 400 Joe's Parkway 903 West COllege 200 200 400 John Bozeman's Bistro 242 East Main Street 200 200 400 12-13-93 --- - 17 - Kagy Korner, Inc. 1809 South Tracy Avenue 200 200 400 Kwik Way #32 401 East Peach Street 200 200 400 * * Lewis and Clark Family Restaurant 824 West Main Street 200 200 400 .ittle John's Bar Inc. 500 500 515 West Aspen Street Me and Jan's Mini Mart 919 West College Street 200 200 400 Me and Jan's II 621 West Main Street 200 200 400 Mini Mart, Inc. dba/Mini Mart #728 71 7 West College Street 200 200 400 Mini Mart, Inc. dba/Mini Mart #729 1910 West Main Street 200 200 400 Montana Pizza, Inc. dba/Godfather's Pizza 200 South 23rd Avenue 200 200 .Mr. T's Sinclair 1310 North 7th Avenue 200 200 Panda Enterprises, Inc. 621 Bridger Drive 200 200 400 R & N Corporation dba/The Bozeman Hotel 321 East Main Street 500 500 R.O.I. Enterprises, Inc. dba/Pizza Hut Restaurant 2300 West Main Street 200 200 Rocky Mountain Oil, Inc. dba/Holiday Station Store #269 119 North 7th Avenue 200 200 400 Safeway Store #289 907 West Main Street 200 200 400 .scoop Bar 712 West Main Street 500 500 Story Distributing Company dba/I-90 Exxon 1470 North 7th Avenue 200 200 400 Story Distributing Company dba/Story Exxon 1 211 East Main Street 200 200 400 1 2-13-93 .-..--.--------... . . ( - 18 - The Baxter Hotel Corporation dba/ The Baxter Rocky Mountain Pasta Company The Bacchus Pub The Robin Lounge 105 West Main Street 500 500 The Cannery Lounge . 43 West Main Street 500 500 The Crystal Bar, Inc. 123 East Main Street 500 500 The Filling Station 2005 North Rouse Avenue 200 200 400 The Haufbrau, Inc. 22 South 8th Avenue 500 500 The Rocking R Bar 211 East Main Street 500 500 The Sundance Saloon dba/Brandi's 717 North 7th Avenue 500 500 The Store 1 210 East Main Street 200 200 400 The Wine Merchant . 27 East Main Street 200 200 Town & Country Foods, Inc. 219 North 19th Avenue 200 200 400 VFW Post #903 2005 North Rouse Avenue 500 500 Van's IGA Foodliner, Inc. 912 North 7th Avenue 200 200 400 Village Pizza Parlor 806 North 7th Avenue 200 200 400 West Main Exxon 920 West Main Street 200 200 Total - 57 applications $ 7 .622 $ 6.400 $ 9.000 $ 23.00Q * * This application is under the name of Lewis & Clark Family Restaurant, 824 West Main Street; .owever, approval should be for the Alley Cat Bar, 809 West Babcock Street because that is the ortion of the building for which the conditional use permit has been issued to allow serving of beer and wine. The City Manager noted this is the first batch of applications for renewal of beer, wine and liquor licenses for the upcoming calendar year, with the remainder to be considered at next 12-13-93 --.-.... ...-.... --...-- --. - -.-.-.-.. . ' , . '- - 19 - week's meeting. He then recommended that the Commission approve these applications as submitted. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1994 for the .various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. ADDointments to Board of Adiustment City Manager Wysocki noted that, included in the Commissioner's packets, was a memo from Clerk of the Commission Sullivan forwarding a list of applicants for the vacancies on the various boards and commissions. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission reappoint Morris Jaffe and appoint Sean Patten to replace Monte Cooper on the Board of Adjustment, with three-year terms to expire on December 31, 1996. The motion carried by the .following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, . Commissioner Frost and Mayor Swanson; those voting No, none. Aooointments to Board of AODeals Commissioner Knapp noted that, at her request, Clerk of the Commission Sullivan has prepared a memo forwarding a brief history of the Board of Appeals. She noted that the two vacancies currently exist on this board because of term expirations at December 31, 1992; and a third will exist as of December 31 this year. She noted the board cannot function with only two members, and asked that the Commission concur with staff's recommendation that this item be referred to staff to review alternatives, with a recommendation to be submitted back to the Commission. . The Commission concurred in referring this item to staff for review. ADDointments to Bozeman Area Bicvcle Advisorv Board It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission reappoint Scott Dreblow to the Bozeman Area Bicycle Advisory Board, with a one-year 1 2-13-93 ----- -- --.- >. " { - 20- term to expire on December 31, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. .APPointments to Cemetery Board Commissioner Knapp forwarded the results of a conversation with City Attorney Luwe this morning, which is applicable to all of the board and commission appointments being made at this time. She noted concern that many of the new appointees are often unaware of the City's code of ethics, which applies to them as well as to the Commissioners. She stated the City Attorney has indicated that he will send a cover letter and a copy of the code of ethics to all new appointees to ensure that they are aware of the provisions of the code. Commissioner Knapp nominated Martha Drysdale. The nomination carried by the following Aye vote: those voting Aye being Commissioner Stiff, Commissioner Knapp and Mayor Swanson. Commissioner Frost nominated Alice Bradford. The nomination carried by the following aye vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost .and Mayor Swanson. Commissioner Knapp nominated Chuck MOlyneaux. The nomination failed by the following Aye vote: those voting Aye being Commissioner Frost and Commissioner Knapp. Commissioner Stiff nominated Norm Thurston. The nomination carried by the following Aye vote: those voting Aye being Commissioner Frost, Commissioner Stiff and Mayor Swanson. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that Alice Bradford and Norm Thurston be re-appointed, and Martha S. Drysdale be appointed to replace Chuck Molyneaux, to the Cemetery Board with a three-year terms to expire on December 31, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. eADDointment to Pedestrian/Traffic Safety Committee Mayor Swanson nominated Ankara EI-Auria. The nomination failed by the following Aye vote: those voting Aye being Commissioner Knapp and Mayor Swanson. Commissioner Frost nominated Shirley Sedivy. The nomination failed by the following Aye vote: those voting Aye being Commissioner Stiff and Commissioner Frost. 12-13-93 . " '. ( , - 21 - Clerk of the Commission Sullivan announced that a term expired on December 31, 1992, was inadvertently overlooked, and remains open. She indicated that a letter has been forwarded to that individual, with a request for response by 5:00 p.m. on Thursday. She suggested that it may be appropriate to delay action until next week to determine whether a second position is open .on this committee. Mayor Swanson requested this item be placed on next week's agenda, when it is known how many positions are actually open and when a full Commission is present. ADDointment to City-County Planning Board It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission reappoint Clark Babcock to the City-County Planning Board, with a two-year term to expire on December 31, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. eADDointments to Recreation and Parks Advisorv Board It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission reappoint Joanne Jennings and Robert G. Lee, appoint Anne Banks to replace Gaylen Black appoint Laurita Garwood to replace Reeves Petroff on the Recreation and Parks Advisory Board, with three-year terms to expire on December 31, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. ApDointments to Senior Center Advisorv Council It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission reappoint Esther Barr and Jean L. Thorson to the Senior Center Advisory Council, with ewo-year terms to expire on December 31, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. 12-13-93 ... " . ~ , - 22 - Aooointment to Tax Increment Financing Industrial District (TIFID) Board It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission reappoint Linda M. Reynolds to the Tax Increment Financing Industrial District (TIFID) Board, with a three-year term to expire on December 31, 1996. The motion carried by the .folloWing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Aooointment to TranSDortation Coordinating Committee It was moved by Commissioner Knapp, seconded by' Commissioner Frost, that the Commission reappoint Paul D. Weingart to the Transportation Coordinating Committee, with a two- year term to expire on December 31, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none, Discussion - FYI items eitems. City Manager Wysocki presented to the Commission the following "For Your Information" (1 ) Copy of a letter sent to the local Representatives regarding House Bill 45, which impacts funding for the Montana Cultural Trust from Neighborhood Coordinator! Grantsperson Goehrung. (2) Copy of "Fact Sheet: Sign Control & Economic Development". (3) Agenda for the County Commission for their regular meeting to be held at 1 :30 p.m. on Tuesday, December 14, along with daily minutes for the week of November 29. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 14. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on .ueSday, December 14, in the Commission Room. (6) Agenda for the Highway Commission meeting to be held at 8:00 a.m. on Thursday, December 16, in Helena. (7) The City Manager submitted his weekly report, as follows. (1) Discussions with Alec Hansen, Executive Director of the Montana League of Cities and Towns, reveals that the 12-13-93 -.--- -..------- -- -- -"'.", ... : I I.. .. , , ( - 23 - possibility of rebates on commercial personal property tax will cost cities and towns across the State approximately $275,000, with $14,000 in Gallatin County. (2) Stated that the Library Board of Trustees met with the County Commission last week to discuss the contract for library services for rural residents. (3) Announced that the Parking Commission met last week. (4) Stated that the _nteragency Breakfast was held last week. (5) Spoke to the Optimist Club last week regarding various topics of interest, including the budget. (6) Attended a meeting on the Buttreys Solvent Site last week. (7) Reminded the Commission of the Audit Committee meeting scheduled for 11 :45 a.m. next Monday. (8) Announced a pre-construction meeting scheduled for Thursday, with representatives from the City, Montana Department of Transportation and Pioneer Ready Mix regarding the new interchange project. (9) Stated that staff spent a considerable amount of time preparing for Item Nos. 4 and 5 on this agenda. (10) Indicated a willingness to defer his evaluation to next week's agenda, due to the late hour of this meeting. (8) Commissioner Knapp submitted the following. (1) Announced that she has received a sizeable stack of responses to a request for proposals. She stated that, since the meeting is scheduled for Tuesday, December 21, she will be unable to serve as the Commission's .member on the committee and asked that another Commissioner serve. The Commissioners selected Commissioner Vincent to serve; and Commissioner Frost indicated a willingness to serve as his back-up if necessary. (2) Stated that this week, she spent 18 hours working on library services. She noted that included a conference call regarding an amendment to House Bill 2, which is the appropriations bill, revealed that the $63,000 for library services was restored. She noted these are pass-through monies which are distributed to all libraries in the State on a per capita and per mile basis. (3) Requested that an item be placed on next week's agenda under which the City would give a Christmas present in the form of a tree or trees from the City nursery stock to each of the newly-approved affordable housing projects. She suggested the costs would be minor, with a beneficial result. (4) Indicated that she will return for the evening portion of the meeting. (9) Commissioner Frost submitted the following. (1) The downtown improvement .teering committee met and discussed upgrading the intersections. He noted they received plans from Salt Lake City's project; and he has forwarded them to Director of Public Service Forbes and Assistant City Manager Brey. (2) Attended the Downtown Bozeman Association board meeting on Wednesday, at which time they reviewed the Christmas Stroll and set the dates for next year's annual events. 12-13-93 -----.-.---..----...-- .. -... ~ - -... ....J"'.,_ ,.. .. , . <' 'I t - 24- (10) City Attorney Luwe stated that within the next week or two, he will send a cover letter and a copy of the code of ethics to all new appointees on the various boards and commissions, as a result of his conversation with Commissioner Knapp. (11 ) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, . noting that the afternoon agenda is relatively light and that three public hearings are scheduled for the evening. (12) Mayor Swanson highlighted the contents of the Building Inspection Division report for November, which is on the Consent Agenda. He noted that building permits for 325 new residential units, valued at $41 million, have been issued this year. He then reviewed a breakdown of those figures, which he had requested, indicating he will have copies of the memo made for the Commissioners. He noted the diversity of housing stock represented in the 325 units, including single-family, duplexes, four- and six-plexes, townhouses and apartments. He also noted, with interest, that the valuations for dwelling units are based on $40 per square foot; and that figure has not been changed for approximately ten years. He indicated that he has also taken the ten examples from the recent building permits and checked their valuations against those in the County .APpraisaIOffice. He noted that eight of the ten were higher, some of them substantially so; and two were lower, one of them substantially so. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation from Section 18.50.060 of the Bozeman MuniciDal Code. to allow a full-width Dorch and aDDurtenant steDs to encroach 6 feet and 11 feet. resDectively. into reauired 25-foot front yard setback - Phil Thome and Katri Rautio. 517 North Willson Avenue: Der DRB recommendations (Z- 93167) Commission Resolution No. 2946 - certifying delinauent annual and semi-annual assessments as of November 30. 1993 to the County Acknowledae receiDt of Detition from residents along North 21 st and North 22nd Avenue reauesting re-oDening of North 20th Avenue: refer to staff . Building InsDection Division reDort for November 1993 It was moved by Commissioner Frost, 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 12-13-93 ... 'I -j .... "'" . - 25 - voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. Executive session re oersonnel - evaluation of City Manaaer and Clerk of the Commission . Mayor Swanson requested that, due to illness of the Clerk, this item be delayed until next week's meeting, when a full Commission will be present. Recess - 5:42 o.m. Mayor Swanson declared a recess at 5:42 p.m., to reconvene at 7:00 p.m. for the purpose of opening the scheduled public hearing. Commissioner Stiff stated that, since this evening's session is only to open and continue one public hearing, he will not be in attendance. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of opening the .scheduled public hearing. Aooointment of City Attorney Luwe as Acting Clerk of the Commission It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission appoint City Attorney Luwe to serve as Acting Clerk of the Commission for this portion of the meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Public hearing - Ordinance No. 1377 - establishina a neighborhood oarkina district near the Montana State University camous. This was the time and place set for the public hearing on Ordinance No. 1377, as .approved by the City Attorney, entitled: ORDINANCE NO. 1377 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 10.32.395, PERTAINING TO STOPPING, STANDING, AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF MONTANA STATE UNIVERSITY PURSUANT TO SECTION 10.32.350 THROUGH 10.32.390 1 2-13-93 t I- ~t .. ~ "i I' .... - 26- OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAMS. Mayor Swanson opened and continued the public hearing to 7:00 p.m. on Tuesday, January 18, 1994. . Adiour"me"~ - 7:04 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Mayor Swanson; those voting No, none. ATTEST: r2k 01 xl1;~ .OBIN L. SULLIVAN Clerk of the Commission . 12-13-93