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HomeMy WebLinkAbout1993-09-13 ccm ...........-..- -------------..----- . . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 13, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, ... Municipal Building, September 13, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - SeDtember 7. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 7, 1993, be approved as amended. The motion carried by the .ollowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - variances to allow eXDansion of existina structure 13 feet 6 inches into the required 25- foot front yard setback bordering North 20th Avenue. thus extendina a Dreviously-aranted variance which allowed the structure to encroach 8 feet 6 inches into setback - Jerry Perlinski. Town and Country Foods - Lot 1. Amended Subdivision Plat in the NE y.. of Section 11. T2S. R5E. MPM (219 North 19th Avenue) (C-9311) This was the time and place set for the decision on the variances from Section 18.30.050 requested by Jerry Perlinski, Town and Country Foods, under Application No. C-9311, to allow a new addition to extend 13 feet 6 inches into the required 25-foot front yard setback along North 20th Avenue, and 11 feet 6 inches into the required 25-foot front yard setback along West Beall Street. The subject property is described as Lot 1 of the Amended Subdivision Plat recorded on .pril 24, 1990 in the Book of Plats on Page 36-F, located in the northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and is more commonly known as 219 North 19th Avenue. City Manager Wysocki reminded the Commission that a super-majority vote is required to approve a variance, which means four affirmative votes are essential. He then noted that, included 09-1 3-93 ..- - ...---- ..--'-~'- /. , - 2 - in this week's packet, was a memo from Assistant Planner Grigsby forwarding some revised conditions for Commission consideration, if they choose to approve the requested variances. Mayor Swanson noted the public hearing on this application was conducted and closed at last week's meeting. . Responding to Commissioner Stiff, Assistant Planning Director Debbie Arkell stated that the issue of parking was addressed under the previously-requested variances, which were approved in March; and no additional action is required at this time. At Commissioner Vincent's request, the Assistant Director separated the two requested variances, as follows: 1. From Section 18.30.050, to allow a new addition extending west to encroach 13 feet 6 inches into the required 25-foot front yard setback along North 20th Avenue; and 2. From Section 18.30.050, to allow a new addition extending north to encroach 11 feet 6 inches into the required 25-foot front yard setback along West Beall Street. Mayor Swanson suggested that the Commission act on these two requested variances separately. . Commissioner Frost, Commissioner Stiff and Commissioner Vincent, in turn, stated support for Variance No.1, stating they feel that inside storage would be better than outside storage of the pallets and shipping containers. Commissioner Knapp stated that under the original application, the Commission reviewed the entire project as a whole; however, they have been asked to view only one small portion of it at this time. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the requested variance from Section 18.30.050, to allow a new addition . extending west to encroach 13 feet 6 inches into the required 25-foot front yard setback along North 20th Avenue, subject to the following conditions: 1. That adequate landscape buffering, including lawn (sod), earth berming, . shrubs, trees, and tree and shrub groupings, meeting code requirements and approved by the Design Review Board, be installed in remaining front yards bordering North 20th Avenue and West Beall Street, to help shield views of the remodeled and extended structure, delivery and parking areas from the adjacent park and residential areas. Said landscaping trees and plants should include seasonal color; 2. That no outdoor storage of business equipment, freight or freight packaging be allowed; and 09-13-93 _.__u..._____ _._ ., . - 3 - 3. That this proposal comply with all other conditions as set forth and approved with the March 1, 1993, Town and Country multi-variance Application No. C-9304. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Frost and Mayor Swanson; those voting No being .commissioner Knapp. Commissioner Knapp, Commissioner Frost and Mayor Swanson stated, in turn, they cannot support this requested variance because it requires considering only one small part of the total project rather than the entire project and because it negatively impacts what was portrayed as an architectural asset under the previously-approved variance process. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the requested variance from Section 18.30.050, to allow a new addition extending north to encroach 11 feet 6 inches into the required 25-foot front yard setback along West Beall Street, subject to the following conditions: 1. That adequate landscape buffering, including lawn (sod), earth berming, shrubs, trees, and tree and shrub groupings, meeting code requirements and approved by the Design Review Board, be installed in remaining front yards bordering North 20th Avenue and West Beall Street, to help . shield views of the remodeled and extended structure, delivery and parking areas from the adjacent park and residential areas. Said landscaping trees and plants should include seasonal color; 2. That no outdoor storage of business equipment, freight or freight packaging be allowed; and 3. That this proposal comply with all other conditions as set forth and approved with the March 1, 1993, Town and Country multi-variance Application No. C-9304. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vincent and Commissioner Stiff; those voting No being Commissioner Knapp, Commissioner Frost and Mayor Swanson. Decision - variance from Section 18.50.030.D. to waive reauirement that a building site within city limits be connected to central sanitary sewer collection system - Jeffrev and Katherine Ball - Lots .1-35 and east 6 feet of Lots 6-10. Rouse's Second Addition (323 South Wallace Avenue) C-9309) This was the time and place set for the decision on the variance from Section 18.50.030.D., requested by Jeffrey and Katherine Ball, under Application No. C-9309, to waive the requirement that a building site within city limits be connected to a central sanitary sewer collection system. The subject parcel is described as follows: commencing at a point on the west 09-13-93 .-..--- , - 4 - side of Wallace Street 930 feet south to the southeast corner of Block B of Rouse's Addition, thence southward along the west line of Wallace Street 150 feet, thence westward 196 feet, thence north 150 feet, thence eastward 196 feet, to the point of beginning; and is more commonly known as 323 South Wallace Avenue. . Mayor Swanson reminded the Commission that the public hearing on this requested variance was conducted and closed at last week's meeting. Responding to Commissioner Frost, the City Manager stated that staff is pursuing options for extending the sewer line; however, he cautioned that is a separate discussion that should not be a part of this decision-making process. Commissioner Stiff stated he cannot support the requested variance because it would set a dangerous precedent, and would require going against a strong staff recommendation for denial. Commissioner Frost stated his support for the requested variance. He noted the strength of the three criteria established by the Supreme Court; however, he feels this is a unique situation because it involves an honest misunderstanding between the applicant and staff. He stated that, on that basis, he feels it is appropriate to approve the request. . Commissioner Vincent stated his opposition to the requested variance, indicating his support for Commissioner Stiff's comments. He stated that, because of the potential of creating a precedent, he cannot vote for approval. Commissioner Knapp stated that, while she supports Mr. and Mrs. Bali's desire to use the subject property for their single-family residence, she cannot support the proposed septic system. She suggested that, in conjunction with denial of this requested variance, the Commission should direct staff to develop a proposal that is acceptable to the Balls and the City for extension of the sanitary sewer line to their property. Mayor Swanson stated his concurrence with the comments made by the other Commissioners in opposition to the requested variance. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the .ommission approve the variance from Section 18.50.030.D., requested by Jeffrey and Katherine Ball, under Application No. C-9309, to waive the requirement that a building site within city limits be connected to a central sanitary sewer collection system. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost; those voting No being Commissioner Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson. 09-1 3-93 --.-. ..---.. ~-- --.------ - 5 - Preliminarv Plat for Brentwood Subdivision. Phase II - Garritv Homes. Inc. - allow subdivision of 10.703 acres known as Lot 13A1A. Block 4. Brentwood Subdivision into 33 sinale-familv residential lots, private linear Dark and Dublic streets (north side of Durston Road, iust east of Brentwood Subdivision) This was the time and place set for review of the preliminary plat for Brentwood Subdivision, Phase II, as requested by Garrity Homes, Inc., under Application No. P-9324, to allow '.he subdivision of 10.703 acres known as Lot 13A 1 A, Block 4, Brentwood Subdivision, into 33 single-family residential lots, a private linear park and public streets. The subject site is more commonly located along the north side of Durston Road, just east of the existing Brentwood Subdivision. City Manager Wysocki reminded the Commission that this item was previously before them on August 23, at which time they received an up-to-30-day extension from the applicant. He noted, therefore, the Commission must act on this application no later than September 27. Assistant Planning Director Debbie Arkell presented the staff report. She reviewed the location of the subject parcel, noting it was part of the original Annie Subdivision, which was annexed in 1984 by Mr. Roger Smith. At that time, a master plan amendment, allowing mixed use development, and attendant zone map changes were made. Mr. Garrity previously purchased a .ortion of the Annie Subdivision, Phase I, which was originally developed as a mobile home subdivision that did not succeed. She noted that stick-built homes are now located on that site, in what is known as the Brentwood Subdivision, Phase I. The Assistant Planning Director stated that under this application, the applicant proposes to continue the private linear park as master planned, and essentially retain the roads as previously master planned. She stated that, in addition to the linear park land, an additional. 75 acres of private park is needed to meet the requirements for this subdivision; and staff is recommending that the applicant acquire that land from Mr. Smith adjacent to the existing parkland. She stated that if Mr. Garrity is unsuccessful in obtaining that land, staff would recommend that a cash-in-lieu payment be made. She stated that this will further the City's intent to acquire up to twenty acres . this area for a regional park, possibly including some ballfields. The Assistant Director stated that the applicant proposes to subdivide the subject 10.7- acre parcel into 33 lots for single-family development, plus linear park and City-standard streets. She noted the interior streets will be built to the standard of 37 feet back-of-curb to back-of-curb; and Oak Street is to be constructed to the collector standard of 42 feet back-of-curb to back-of- 09-1 3-93 - .-.-.----...- , - 6 - curb, plus curb, gutter, sidewalks and a boulevard. She stated that Windsor Street is to provide a secondary access, with the barrier to be re-installed. Assistant Planning Director Arkell stated that the groundwater table in the area is quite high, due in part to the irrigation of surrounding farm land; and staff has recommended that a .notation be placed on the plat to discourage the installation of basements. She stated that an historic site has been identified, that being the old Smith home site, although it is not on the National Register of Historic Places. She stated that if any artifacts are discovered while digging, all construction is to be halted until the area is checked by an archeologist. The Assistant Director stated that, based on the Trip Generation Manual, staff has projected this subdivision will generate 313.5 average vehicle trips per week day. She stated that since Durston Road is the only road which provides access to the subject site, it is the one that will be impacted by these trips; however, the anticipated completion of North 19th Avenue and West Oak Street will mitigate many of those impacts. She further noted that, as a part of the annexation, Mr. Smith improved that portion of Durston Road between North 19th Avenue and his west property line from a County gravel standard to a County paved standard, and signed waivers eOf right to protest the creation of special improvement districts for further improvements to the road as well as signalization at the intersections of Durston Road with North 19th Avenue and North 7th Avenue. Assistant Planning Director Arkell stated that during review of the annexation in 1984, representatives from the School District forwarded comments that the schools were getting overcrowded. They felt, however, that given the amount of time anticipated for development of the entire parcel, they would have time to grow to meet the additional demands. She noted that they have constructed two new elementary schools; however, they are now concerned about the middle school and high school. She stated that, as a result of that concern, Mr. Gary Griffith has responded to this application by indicating that the middle school is now overcrowded and the high school will be in two years; and without some form of new construction, they will not be able to euarantee the quality of education. The Assistant Director noted this is the same type of comment that the Planning staff has received on development proposals for the last year and a half; and they have met with representatives from the School District in an effort to develop an impact fee structure that might begin to address the issue. She then reminded the Commission that not only 09-1 3-93 , - 7 - developments inside city limits, but those developments outside city limits, impact the school system. Planner Arkell stated that staff has reviewed this application in light of the eight public interest criteria established for review of preliminary plats; and those findings are contained in the .written staff report. She forwarded the staff recommendation for approval, subject to eighteen 'conditions. She then stated that, following its public hearing on August 17, the City-County Planning Board concurred in the recommendation for approval, subject to the conditions. Mr. Michael Garrity, applicant, stated that he has five floor plans for houses to be constructed in Phase" of the Brentwood Subdivision; and three of those plans have 1407 square feet or less. He noted that these are the same type of homes that he has been constructing in Cascade Subdivision; however, he has only three remaining lots in that subdivision upon which to build. He noted the anticipated shortage of lots upon which to build in 1994, and his interest in having this subdivision approved so there are some lots. He noted his intent to construct homes which are compatible with those in Brentwood Subdivision, Phase I, but which are less expensive. Mr. Garrity stated his goal is to start the underground work for this subdivision yet this .all, and asked the Commission to act on this application as quickly as possible. City Attorney Luwe reminded the Commission that the City-County Planning Board has been designated as the body to conduct the public hearings on preliminary plats. He cautioned that the Commission must base its action on the record and the Planning Board's recommendations. Responding to Commissioner Frost, City Manager Wysocki stated that the North 19th Avenue interchange is a separate project from the West Oak Street/North 19th Avenue project. He stated that, no matter what difficulties the interchange project may encounter, the Oak/19th project will be completed to alleviate the pressures on Durston Road, particularly at its intersection with North 7th Avenue. Commissioner Frost stated that, while he recognizes the importance of the trail system, he also feels that it is important to provide public parks. He noted the need for a regional park, and .he City's desire to obtain twenty acres for such a park at the existing park site for this annexation. He expressed concern that a cash-in-lieu payment is based on the market value of undeveloped, unimproved land, which generates a substantially lower payment than if its value as subdivided land were used, questioning whether that is the only option available. Assistant Planning Director Arkell cautioned the Commission that the State statutes set 09-13-93 , - 8 - the basis for determining the cash-in-lieu payment for parkland; and the staff's recommendation is based on that language. Responding to Commissioner Vincent, Mr. Garrity stated that in Brentwood, Phase I, homes are selling from $119,950 to $182,950, including SID's; and in Brentwood, Phase II, they .Will be selling from $99,950 to $117,950, not including a park premium which will range from $1,000 to $2,500 on over half of the lots. Further responding to Commissioner Vincent, Mr. Garrity stated that he is not attempting to construct subsidized housing, but is attempting to provide some more affordable housing in the community . He reiterated that the homes he proposes to construct in Brentwood, Phase II, are essentially the same as the homes he has been constructing in Cascade Subdivision, Phase II. He stated that the prices he quoted are based on the current lumber market and prices. Mr. Garrity stated that it is his intent to build single-family detached homes that are affordable to more people in the community, either as an initial home or as a step up. He then noted the FHA's $85,000 limit on loans for housing in Bozeman, stating he feels they are not fulfilling their historic role locally. He noted that, while families may have the income to meet the .,onthlY payments, they may not have the down payment to cover the difference between the amount of the loan and the purchase price plus closing costs. Mayor Swanson stated his major concerns revolve around the effects on local services, primarily education. He quoted from the information submitted to the Commission, noting that it indicates the middle school and high school problems are nearing crisis proportions; and the introduction of more students may pose a significant impact. He quoted Mr. Gary Griffith's response, in which he cautioned that the impacts from new development could compromise the quality of education in the middle school and high school. He stated there is no solution in place to address Mr. Griffith's concerns. The Mayor then highlighted Governor Racicot's plan which he is developing in response to the anticipated special legislative session; and that plan contains a proposal that if a school eistrict's population increases by 150 to 200 students per year, they will receive no new funding for those students. He stated that, while this proposal will save the State $5.3 million, it will impact local school districts. He further noted that the Governor has proposed that a 2-percent limit be placed on increases in school budgets from one year to the next. 09-13-93 . - 9 - Mayor Swanson stated that, based on these facts, he cannot support any proposal that will negatively impact the school system. He noted the quality of education that people have come to expect in Bozeman; and he feels it should be protected. Mr. Garrity noted there is a proposal before the electorate at this time for additional school _unding. He then noted the historical pattern of schools getting full, and requests being forwarded for funding to build new schools. He stated that he has talked to a number of people in Bozeman, young, old and middle-aged, to determine how they feel about the situation; and the comments consistently reflected a feeling that when the schools are full, they will consider voting "yes" for additional bonds. He stated, however, that until the schools are full and until they are utilized to the maximum, people typically do not feel it is necessary to approve additional funding. He reminded the Commission that the last school bond issue was for two new elementary schools and, because they were needed, the bond issue was approved. Mr. Garrity stated that he recognizes the schools are getting full and that the School District wants more space. He reminded the Commission, however, that the community also needs more housing. He stated that Brentwood Subdivision, Phase II, will provide additional housing in .an area that has been designated for urban residential infill, within walking distance of the schools. He further noted that, based on past observations, the families that move into an area don't all have children of the same ages, so not anyone school will be dramatically impacted by this subdivision. Mayor Swanson noted that West Oak Street between North 7th Avenue and North 19th Avenue is to be constructed with bike lanes; however, no bike lanes are proposed for that portion of West Oak Street lying west of North 19th Avenue, even though it is anticipated a regional park will be developed in that area. Planner Arkell responded that the 1993 transportation plan update does not identify West Oak Street west of North 19th Avenue as a bike route. She stated that for bike lanes to be included on the 42-foot collector street standard, parking will need to be removed from one side .f the street. She cautioned that if a regional park is constructed in this area, the demand for on- street parking will increase, particularly if a sports complex is developed. She stated that if it is determined a wider street section is needed west of North 19th Avenue, additional right-of-way will need to be acquired from the property owner to the north. . 09-13-93 -- .----- - -- -- , - 10- Responding to Commissioner Vincent, the City Attorney stated that the public interest criteria for subdivisions are included in the State statutes; however, no formula for weighing those criteria is included. He stated, therefore, each Commissioner must base his decision on the facts submitted, on a case-by-case basis. . Commissioner Vincent stated he will support approval of the subdivision, but with reservations. He noted his concern about the impacts that further development will have on the school system; and he is also concerned about impacts to the City's infrastructure. He noted that two new elementary schools were just recently built, but the last school before that is now thirty years old. He stated projections suggest the two new elementary schools will be filled in three to four years, a new middle school is needed now, and it appears a new high school may be needed within a few years. He noted that at the present time, in the high school there are teachers who move from classroom to classroom, teaching off carts. Commissioner Vincent noted the astounding projection of 100,000 people in Bozeman by the turn of the century--stating that equals one-eighth of the current population in the state and is comparable to Billings. He stated that, while he feels it is appropriate to approve this application, .he feels that the issues he has raised must be addressed quickly. Commissioner Knapp stated that impact or development fees could help to address many of the problems and issues that have been raised. She reminded the Commission that impact fees were her top priority goal for this fiscal year, noting the importance of laying that groundwork. Mayor Swanson stated he cannot support the proposed preliminary plat. He stated that when terms such as "crisis proportions", "significant impact", and "decrease in quality of education" surface in a staff report, he cannot, in good conscience, support a project. He stated that, based on the negative effects on local services, education in particular, he will vote against the project. He reiterated his concern about Governor Racicot's proposal and the negative impact it could have on school funding, with increasing enrollments but no increase in dollars. He then reiterated his intent to make a difference where he can, and vote against the proposal. . Commissioner Frost stated that, while he does have some concerns, he will vote for this proposal because of the assurances that West Oak Street will be constructed, thus alleviating some of the traffic problems. He then noted the importance of the City and the County working together to address the impacts that development is having on the school system. He noted the newly- 09-13-93 - ---.-.-.---------- ..----.-..-.-".. - 11 - released statistical trends, which indicate that families with more school age children are moving to Bozeman, which will further impact the school system's overcrowding problems. Commissioner Stiff stated his support for the proposed subdivision, stating he feels that to shut off the potential for growth within the city would be a serious mistake. He recognized, .owever, that growth brings with it inherent problems that must be addressed. :' City Attorney Luwe stated that if the Commission approves this preliminary plat, staff will prepare written Findings of Fact. He stated that if any Commissioner has any disagreement with the staff report, that information should be submitted to staff as soon as possible so the Findings can be accurately drafted. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the preliminary plat for Brentwood Subdivision, Phase II, as requested by Garrity Homes, Inc., under Application No. P-9324, to allow the subdivision of 10.703 acres known as Lot 13A 1 A, Block 4, Brentwood Subdivision, into 33 single-family residential lots, a private linear park and public streets, subject to the following conditions, as recommended by the City- County Planning Board: . 1. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents and corrected certificates, as referenced in the staff report; 2. That Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval, pursuant to Sections 16.16.101 through 16.16.805, A.A.M. (Le., approval from Subdivision Program with fees submitted to the Planning Office for forwarding to State); 3. That an adequately looped water line be properly designed and constructed with this phase to complete the connection with the City's northwest water line in Oak Street, or another effective loop, as approved by the City Engineer and Water Superintendent, prior to final plat approval; 4. That Oak Street from the west boundary of the public park to the new North 19th Avenue be designed and constructed to provide a secondary access for this area, including paving, storm sewer, curb/gutter, and sidewalk, with sidewalk only required on the south side of the street at this time. The street must be improved prior to . final plat approval, or an Improvements Agreement entered into and an SID formed for the improvements prior to final plat approval; 5. That adequate easements shall be provided and filed with the Clerk and Recorder's Office for the temporary cul-de-sacs located off the subject property prior to final plat approval. Break away barriers must be installed at the emergency access to the cul~de-sac on Windsor Street as well as at the west end of Stevens Street. A City standard barricade shall be installed on the cul-de-sac on Maplewood Street; 09-13-93 - 12 - 6. That the plans and specifications for the water and sewer main extensions, storm sewers and the streets shall be prepared by a Professional Engineer (PE) and be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences. The applicant shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. 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. The fire hydrant proposed near Lot 7, Block 5, shall be moved to a location acceptable to the Fire Marshal and City Engineer. Street marking and regulatory signs shall be installed by the developer per City standards; 7. That all infrastructure improvements including (1) water and sewer main extension and (2) public streets, curb/gutter and related storm water improvements, shall be constructed or financially guaranteed prior to final plat approval. Pursuant to City code, no building permits shall be issued until the infrastructure improvements have been completed; 8. That adequate and appropriate utility easements shall be provided on the final plat, with standard easements provided at the rear of the lots on Block 4 to replace the current irregularly-sized easements. All utility easements shall be noted on the plat, and shall not be referenced by a "blanket" note; 9. That sidewalks, constructed to City standards, shall be installed on both sides of the subdivision streets (one foot from property line) at the time houses are constructed on individual lots. Upon the third . anniversary (3 years) of the final plat recordation, any lot owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the lot or not. Wheelchair ramps shall be installed at all intersections; 10. That the final plat shall contain the following notation regarding high groundwater on the property: Due to the relatively high groundwater table within the subdivision, it is recommended that residences with daylight or full basements not be constructed. 11. That the minimum one-ninth park dedication (i.e., 0.76 acres) be obtained from Mr. Roger Smith and dedicated to the existing Annie Park on Oak Street. If this is not possible, then cash-in-lieu of the dedication and equal to the fair market value of the amount of land that would have been dedicated shall be provided. The fair market value is the value of the unsubdivided, unimproved land, with the value established by an appraisal done by a qualified real estate appraiser at the developer's expense; . 12. 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; 13. That the covenants shall be amended per the comments contained in the staff report. The covenants shall be submitted to the Planning Office for review and approval a minimum of 30 days prior to final plat approval; 09-13.93 --.-.-.----..----..- : - 13 - 14. That a "no access" note be placed on the final plat restricting access to Oak Street from Lots 1, 2 and 3, Block 6; 15. That due to the existing poor soils in the project area, a detailed soils analysis and report shall be prepared and submitted to the City Engineer prior to or in conjunction with submittal of the infrastructure construction plans to assure adequate street paving section design, as well as access design criteria and installation requirements for the other '. infrastructure improvements; 16. That the storm drainage calculations and design for the site, including storm water detention or retention pond configuration, must be reviewed for engineering merit and code compliance at the time of review of the final subdivision infrastructure plans and specifications. A storm water discharge/release agreement must be granted by the owner of the irrigation ditch for release of the concentrated runoff created by the detention facilities and the construction of the culvert crossing needed in the cul-de-sac. The agreement must be submitted to the City Engineer at the time the infrastructure plans are submitted; 17. That water rights, or cash-in-lieu thereof, must be provided to the City of Bozeman prior to final plat approval; and 18. That after the preliminary plat has received approval or conditional approval and before the final plat is submitted, the developer shall either install the required improvements or enter into an Agreement with the City of Bozeman guaranteeing the installation and performance of the improvements. This is also applicable if an SID is proposed to be created for the construction of Oak Street. 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 percent of the cost of the remaining improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Commissioner Knapp; those voting No being Mayor Swanson. Continued discussion re foundation of house at 310 East Koch Street City Manager Wysocki stated that, included in the Commissioners' packets, was a memo from Planning Director Andy Epple, dated September 10, forwarding staff findings as a result of its most recent review of the subject site and project. Responding to Commissioner Frost, Planning Director Epple stated he does not feel any eone code amendments are needed as a result of this project. He noted, however, that a more cautious review will be made of the cross-section of the basement onto which a home is to be relocated before any approvals are given. He then reiterated staff's position that this home has been relocated in general compliance with the building permit and the definition of "basement" even though it appears higher than anyone had envisioned. 09-1 3-93 -... .. ...- - 14 - Commissioner Frost suggested that the procedure for reviewing this type of application be reduced to writing, so that even with staff turn-overs, the appropriate reviews will be conducted. Responding to Commissioner Vincent, the Planning Director reaffirmed his position that _hiS house is in general compliance with the zone code and the building permit for the project. He I. stated that the definition of "basement" does not establish a specific distance from the foundation at which the average grade is to be calculated. He stated, therefore, the applicant's proposal to backfill to a line eighteen inches above the concrete portion of the foundation and create a backslope of 25 percent to 30 percent is acceptable and is not excessive or unusual. He then reminded the Commission that the section of the zone code pertaining to calculating the height of a structure on a lot which is sloped does provide a specific method for making those calculations; however, they do not apply in this instance. Commissioner Knapp characterized this issue as a neighborhood dispute resulting from the neighbors not understanding what each other was saying. She expressed concern that this can create a rift in the neighborhood that will widen over time. She noted her interest in mediating this .type of situation as much as possible in the future, so that the problem does not become so senous. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission affirm the staff's position that the house at 310 East Koch Street has been relocated in substantial compliance with the Certificate of Appropriateness and the building permit issued for the project. 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 being Commissioner Vincent. Reauest for Dermission to address Commission re namino of a Dortion of the Gallagator Linear Park the" MSU Centennial Trail" - Dave Penwell . City Manager Wysocki requested that this item be delayed until the September 27 meeting, due to the length of this agenda and the lateness of the meeting. Break - 4:50 to 4:57 c.m. Mayor Swanson declared a break from 4:50 p.m. to 4:57 p.m., in accordance with 09-13-93 . -. " - 15 - Commission policy established at their regular meeting of March 14, 1983. Request for Dermission to address Commission re Karst Staae - Chandler Davton on behalf of Northeast Neiahborhood Alliance City Manager Wysocki noted that, included in the Commissioners' packets, was a letter ,.nd a petition dated August 30, containing 95 signatures, asking the Commission to reverse the staff's decision to allow Karst Stage to continue operation of its school buses at its present location while their conditional use permit is pending. At the Mayor's request, Planning Director Andy Epple presented an update on this issue. He reminded the Commission that Karst Stage is located at the intersection of North Wallace Avenue and East Peach Street, on a parcel that is split by a zoning line, with part of the site being zoned M-1, Commercial--light Manufacturing, and part of the site being zoned R-3a, Residential-. Two-family, medium-density. He stated it appears that the owner/operator of the business wishes to expand his operation to include the vacant lot located kitty-corner across the intersection. The Planning Director stated that his office has had limited communications with the operators of Karst Stage since it acquired the school bus contract in January. Initial discussions euggested that the school buses would be stored in the existing buildings, as they had been in the past; however, for a variety of reasons, approximately 20 of the buses are now being parked outside. He stated that, because this appears to be an expansion of use and because the property is split into two different zones and the provisions of the more restrictive zone prevail, he has advised the owner that he has until 5:00 p.m. tomorrow to file an application for a conditional use permit to allow expansion of his non-conforming use. He stated that, in the meantime, he has made the determination that the school bus operation could continue at the subject location during the public review process. He stated his office has, however, begun code enforcement action to address the parking that is presently occurring on the vacant lot since that activity has not been authorized. . Mr. Stewart Mitchell, 516 North Wallace Avenue, stated he lives directly across the street from the subject site. He stated that during the warm up and walk-around in the morning, the bus headlights and flashing lights disturb him, as well as the noise level. He also noted that the drivers are often standing on the public sidewalk during their bus inspections because they are parked so 09-13-93 ___.__.u... - - 16 - close to the property line. He then expressed his concern about the diesel fumes which are emitted from the buses during their warm up. Mr. Mitchell stated that he had two conversations with Mr. Jerry Perkins, owner of Karst Stage, prior to the first day of school. He stated that during those conversations, several items . were reviewed; and he was assured that the operation would have minimal impact on the . neighbors. He forwarded his position that several of the assurances were false and that the issue has escalated to a severe situation. He stated the carcinogenic gases are unacceptable and represent a violation of Section 18.50.035.H. of the zoning ordinance, which states, "The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond a distance of 50 feet past the property lines of the use creating the odors. No toxic, noxious, or corrosive fumes or gases shall be emitted beyond the property lines of the use creating such fumes or gases." Mr. Mitchell stated that when he moved to his current address, he knew it was on the border of an industrial area and that peace and quiet would not be amenities; however, he did not expect that his life and health would be so impacted by activities in the area. . Mr. Stewart Mitchell showed seven slides which he has taken since the school buses began running, showing the buses on their site, as they leave in the morning, and the impact of the headlights on the houses across the street. Ms. Chandler Dayton, 716 East Peach Street, showed a video of the school buses leaving the site on the first days of school. She noted the traffic congestion with all of the buses leaving at once and the exhaust visible on some of the buses. She then read into the record a technical letter from Mr. Sam Rogers, Professor of Toxicology at MSU, regarding air pollution, particularly from diesel exhaust. He noted that since "there is no practical means to reduce the carcinogenicity of diesel exhaust to a safe level or zero amount", "the best and most practical method of public health management is reduce the individual exposure to a minimal amount". Ms. Dayton then read into the record a highly technical two-page letter from her and the .ortheast Neighborhood Alliance (NENA), dated September 13. She forwarded their opposition to the staff's decision to allow the buses to operate at 511 North Wallace Avenue while the conditional use permit application is pending, asking the Commission to overturn that decision. She cited the health risks imposed by the diesel buses operating in a residential neighborhood, and the differences between diesel exhaust and gasoline engine exhaust. 09-13-93 ; - 17 - Ms. Dayton reviewed the northeast neighborhood efforts to restrict diesel truck traffic on their residential streets, noting that those efforts did lead to some changes in the new transportation plan update. She noted that the plan is yet to be implemented; however, when it is, it should improve their areas. She reminded the Commission, however, that adding 44 school .buses has definitely impacted the problem. Ms. Dayton then submitted letters of opposition to the Commission from Rebecca Schanz and her daughter, Tennia, 512 North Wallace; Susie Mathre, 517 North Church; Paul House and Jodi Hodgeboom, 510 North Church; Frank CideBaca, 524 North Wallace; and Dyyanna Stiles, 524 North Wallace. Mr. Joby Sabol, attorney representing Karst Stage, stated that Mr. Perkins is out of town today. He stated that in correspondence dated August 27/ the Planning office recommended that a conditional use permit application be filed for the subject site. He stated this is based on the rationale that the existing use is a non-conforming use in the R-3a zoning district. He concurred that, since the property is divided into M-1 and R-3a zoning districts, the more restrictive zoning applies, thus causing the non-conforming status. . Mr. Sabol forwarded his argument that the current use at 511 North Wallace Avenue is no different than it has been under Mr. Perkins' ownership or under Mr. Sparks' ownership before that. He noted that, although Karst Stage did not have the school bus contract for a period of timet they still maintained their charter bus service, shuttle bus service and limousine service from this location. Mr. Sabol stated that Mr. Chad Groth had approached the City about the possibility of graveling and leveling his lot, which is located kitty-corner across the intersection from Karst Stage and had begun to undertake that project when he was approached by Mr. Perkins about the possibility of using that lot for parking some of his buses. At the same time, the neighborhood became interested in the site and what was occurring on it; and Mr. Groth's attempts to improve it and make it an asset to the community were frustrated. . Mr. Sabol stated that, at the Planning Department's direction, Gaston Engineering prepared an application for a minor site review on behalf of the property owner to allow this lot to become an improved lot. On the same day that it was submitted, the Planning Director refused it, stating, instead, that an application for a complete review of the entire Karst Stage site was necessary. Mr. Joby Sabol stated it is his position, and that of his client, that the existing location 09-1 3-93 , - 18 - is not subject to any review at this time because use of the site has not changed. He reviewed the history of the site, noting it has been the subject of several different reviews on many different occasions, with approvals being given each time for the operation of buses. He briefly reviewed those applications, noting that on November 10, 1969, the Board of Adjustment considered an _appeal by Mr. Sparks of the Building Inspector's decision to deny a building permit to allow a 60- foot by 140-foot addition to the south of the existing storage structure; the Board approved the application and a building permit was subsequently issued. On March 19, 1975, the City Commission opened a public hearing on an application to rezone a portion of the property from R-5 to M-1; and on March 26, 1975, the Commission approved that application. In March 1975, Mr. Sparks appealed another decision of the Building Inspector to not issue a building permit; and following its hearing on April 8, the Board of Adjustment voted to approve the application for a permit to build a 100-foot by 160-foot storage building. Mr. Sparks apparently did not obtain the building permit before the approval expired; and one year later, the same application was once again forwarded through the process, and approval was granted on June 24, 1976. Mr. Sparks subsequently obtained the building permit and constructed the new .building. Mr. Sabol stated that he has instructed his clients not to file a conditional use permit application on the site at 511 North Wallace Avenue, since the use has not been expanded; and they are continuing it operate it as their predecessors did. He stated that the information he has outlined reflects the fact that it has been subjected to different types of reviews on different occasions, with approvals being granted; and he has copies of the minutes from those meetings. Mr. Joby Sabol noted some ofthe differences between the school buses that Karst Stage owned before and the new buses. He noted the special mirrors which are now required to meet federal standards, noting they are large and are permanent attached to the front of the bus, with no ability to pull them in close to the bus. This makes it more difficult to park them close together, thus requiring more space for parking. He further noted that the new buses meet the federal emission standards that will go into effect in 1996. Mr. Sabol stated that a portion of the congestion reflected in the video of the buses leaving the site is due to the fact that the neighbors legally parked their cars along the street, in an effort to frustrate the bus drivers. He noted, however, that although it did make the situation 09-1 3-93 ---- , - 19 - more difficult, the bus drivers were able to maneuver onto the street without any real major problems. Mr. Sabol stated that Karst Stage employees approximately 75 employees, 50 of which are part-timers involved in the school bus program, which transports 2,000 children. He noted .that, because many of those employees reside in a relatively small area, Karst is pursuing the idea of using a shuttle bus for those drivers, to minimize the number of private vehicles going to and from the site. Mr. Sabol stated that Karst Stage will pursue a minor site plan review to utilize Mr. Groth's property kitty-corner across the intersection to reduce some of the congestion on the site and to reduce the impacts on the neighbors across the street. He then submitted his position that no further action is required of Karst Stage at this time. He encouraged the Commission to allow Karst Stage to continue its operations at its current location. Following a brief discussion, Mayor Swanson requested that this item be placed on the September 27 agenda for further discussion. He also asked that the Commissioners forward any comments or concerns to staff as quickly as possible, so those items can be addressed at that .time. Staff reDort - reauest for annexation of Tract E-1. COS No. 1623 - First Security Bank - 1.9198-acre Darcel in the SE% of Section 31. T1S. RGE. MPM (705-707 Bridger Drive) City Manager Wysocki noted that, included in the Commissioners' packets, was the staff report, as prepared by Senior Planner Dave Skelton. Assistant Planning Director Debbie Arkell presented the staff report. She stated that the subject parcel is slightly under two acres in size, is located along the north side of Bridger Drive and is bounded by Zig's Building Material on the west and Horse World on the east. The recent Bridger Creek Annexation abuts this parcel on the north; and the property immediately to the south across Bridger Drive has been annexed for several years. She stated there is a metal building existing on .he site; and it has access from Bridger Drive. She indicated the primary reason for seeking this annexation is to provide access to public sanitary sewer for the subject site. Planner Arkell reminded the Commission that in March 1993, Mr. Leland Chase, First Security Bank, approached the City about the possibility of annexation. She stated that at that time, the Commission discussed the subject extensively, concentrating on the privately-owned 09-13-93 - 20 - sanitary sewer trunk which would service this property and whether it would be best to annex the parcel or to require the applicant to sign a waiver of right to protest annexation as a condition for connecting to the public sewer line. She reminded them that at that time, they provided the staff with direction to proceed with the annexation process; and, as a result, this report is being _orwarded. The Assistant Planning Director stated that the City's water main runs along the south side of Bridger Drive. Rather than cutting Bridger Drive to provide a service line to the subject site, staff suggests that it be allowed to continue using the existing well until a water main is extended along the north side of Bridger Drive. She stated that sewer service can be provided to the site from the sanitary sewer main which was installed and is owned by Mr. Del Lichtenberg. She reminded the Commission that in March 1993, the Commission directed staff to take the necessary steps to assume maintenance of that line; and staff is still pursuing it. Assistant Planning Director Arkell stated that staff has reviewed this annexation request in light of the eight goals and twelve policies as set forth in Commission Resolution No. 2716; and those findings are contained in the written staff report. She summarized those comments by .indicating that the application does not comply with Goal Nos. 1, 3, 4 and 5, due in large part to the fact that it is not surrounded by the city limits on three sides, because the parcel is less than five acres in size and because it creates an island of unannexed land to the west. She stated that the application does generally comply with the twelve policies. The Planner stated that, while the Commission finds it more appropriate to annex a larger parcel of land, they have shown an interest in annexing this subject parcel so it can use City services. She stated that the owner of this parcel has contacted the owners of the adjacent parcels to determine if they were interested in annexation at this time; however no response has been forwarded to date. She then suggested that if the Commission wishes to proceed with this annexation, it would be appropriate to direct staff to prepare whatever documents are necessary to accommodate a transfer in ownership of the privately-owned sewer line to the City. She noted .hat document could then be considered by the Commission during its public hearing on its resolution of intent to annex the subject property. Responding to questions from Commissioner Frost, the Assistant Planning Director stated that, while the water main is located along the south side of Bridger Drive, the sewer main is located along the north side of Bridger Drive and could be easily accessed. She then stated that, 09-13-93 - 21 - since the staff is recommending that the site be allowed to continue use of its well, dedication of water rights or a cash-in-lieu payment is not being required at this time. She noted that at the time the site is connected to City water service, then the issue of water rights or a payment-in-lieu will be addressed. . City Manager Wysocki stated he feels it would be in the City's best interests to annex the subject parcel, and recommended that the Commission authorize and direct staff to prepare a resolution of intent to annex. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize and direct staff to prepare a resolution of intent to annex the subject 1.9198-acre parcel known as Tract E-1 in Certificate of Survey No. 1623. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Ordinance No. 1374 - amending Chapter 18.56 of the Bozeman Municioal Code. entitled the Bozeman Area Sign Code City Manager Wysocki presented Ordinance No. 1374, as approved by the City Attorney, .ntitled: ORDINANCE NO. 1374 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NOS. 1332, 1341 AND 1359, WHICH SAID ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.65.030, 18.65.040, 18.65.050, 18.65.060, 18.65.070, 18.65.080, 18.65.090, 18.65.100, 18.65.120,18.65.130,18.65.140,18.65.150, 18.65.160, 18.65.170, AND 18.65.190 Of SAID CODE, PROVIDING fOR REVISIONS TO SPECifiC DEfiNITIONS; COMPUTATION Of THE SIZE Of SIGNAGE; SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT PERMITS; PERMITS REQUIRED; DESIGN, CONSTRUCTION AND MAINTENANCE Of SIGNS; MASTER OR COMMON SIGNAGE PLAN; SIGNS IN THE PUBLIC RIGHT-Of-WAY; SIGNS EXEMPT fROM REGULATION UNDER THIS ORDINANCE; GENERAL PERMIT PROCEDURES; PERMITS TO CONSTRUCT OR MODifY SIGNS; TEMPORARY SIGN PERMITS (PRIVATE PROPERTY); PERMITS fOR SIGNS IN THE PUBLIC RIGHT-Of-WAY; TIME Of COMPLIANCE: NON-CONfORMING SIGNS AND . SIGNS WITHOUT PERMITS; AND ENfORCEMENT AND REMEDIES fOR VIOLATIONS TO SAID ORDINANCE PROVISIONS. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of August 30, and recommended that it be finally adopted at this time. 09-1 3-93 '. - 22 - It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1374, amending the Bozeman Area Sign Code chapter of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; .those voting No being Commissioner Stiff. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from the Recreation and Parks Advisory Board, dated September 2, regarding the connection of the Peet's Hill Trail to the Highland Ridge Trail. (2) Copy of a memo to the Sourdough Trail Committee, dated September 8, from the Gallatin Valley land Trust regarding renovation of the trail. (3) Invitation from the Chamber of Commerce to participate in the 1993 Fall Foliage Golf Outing and Membership Social, to be held at Riverside Country Club on Friday, September 24. . (4) Copy of the report on the Household Hazardous Waste Collection Event, conducted at the City Shops on June 12, 1993. (5) Copy of the minutes from the Highway Commission meetings of July 2, July 8, July 30 and August 9. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 14, at the Carnegie Building. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, September 14, at the Courthouse, along with daily minutes for the week of August 30. (8) Copies of three memos pertaining to the landfill, which will be placed on the September 27 agenda for discussion. The City Manager noted that staff was asked to review the current landfill situation an effort to determine if it would be in the City's best interests to close the landfill before the October 9 deadline; and they determined it was not. He then stated, as a result of that decision, it may be necessary to proceed with the replacement of some equipment that was not included in this year's budget. 09-13-93 ---- - . - 23 - (9) The City Manager submitted his weekly report, as follows. (1) Attended the Audit Committee meeting, which was held at noon today. (2) As a member of the Evaluation Committee for MMIA, he will be completing his committee work this week in anticipation of the annual meeting. (3) Announced that the ISO is evaluating the City's system in its reclassification .process for fire insurance ratings. 14) Announced that State inspectors reviewed a number of the City's facilities and has forwarded a punch list of items to be completed by October 8. He noted that, although these items were not included in the budgeting process, they will be done. (5) Announced that the last day for picking up of compost has been set for September 22. (6) Stated that the Parking Commission met this past week and is scheduled to meet again on Tuesday, September 28, at 6:00 p.m. (7) Stated the 30-inch water transmission line in Sourdough Road is back in use. (10) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting this past week. (2) Attended the Downtown Improvement Committee meeting last week. (11 ) Commissioner Frost stated he went to hear Pat Jobes submit his statistical information on Montana on Thursday. He forwarded several different statistics from that .presentation, as follows: in the 1970's, 6.9 percent of the people in Gallatin County were below the poverty level; in 1990, there were 25.2 percent. In the 1970's, families moving to the valley with 3 plus kids was below 14 percent; today it is 35 percent. Almost 45 percent of the people moving to Montana are from other Rocky Mountain states; and they are not native to those states from which they are moving. Generally, in the 1970's and 1980's, people liked Bozeman better than they do now; and growth and the attendant problems, particularly environmental and traffic, are the primary reasons cited. Also, shopping is not what was anticipated, particularly with the lack of outlet stores. Prior to 1990, 80 percent of the people living in Bozeman would leave within ten years; now 85 to 87 percent will be leaving within ten years. (12) City Attorney Luwe stated that he and Director of Public Service Forbes met with Attorney Barry O'Connell last week regarding the Bozeman Solvent Site. . (13) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, which includes three public hearings. (14) Mayor Swanson submitted the following. (1) Announced he will be absent from the Commission meeting of October 12. (2) Stated that the Audit Committee was informed that the draft of the financial statements should be compiled around the end of October. He noted that 09-13-93 ------ ------- ___n___ ---- , . . - 24 - the contract with the current auditors has saved the City $21,000 in audit costs over the contract with the previous auditors; and there appears to be no decrease in quality or professionalism in the final documents. .consent Items I City Manager Wysocki presented to the Commission the following Consent Items. Reauest for permission to conduct 10K CROP Walk for the Hungrv - Sundav. October 17. 2:00 p.m. to 5:00 p.m. - beginning at Food Bank. North Wallace Avenue. East Main Street. South Church Avenue. Sourdough Trail. Hiahland Boulevard. Kagv Boulevard. Linear Trail. South Church Avenue. East Main Street. North Wallace Avenue to Food Bank: limited to sidewalks and walkways only Reauest for permission to close South Rouse Avenue between East Babcock Street and allev to the south - Saturday. SePtember 18. 11 :00 a.m. to 5:00 p.m.. to accommodate auction - Salvation Army Confirm appointment of Assistant City Manager Brey as Acting City Manager for period September 20 through 24. 1993 Claims 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 voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Adjournment - 6:07 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. . ~_/ ATTEST: TIMOTH SWAN . Mayor - ~~~ ROBIN L. SULLIVAN Clerk of the Commission 09-13-93 .. ...- -.--.-.." ---. -.-. .-".-.-- .------.-..----- --.. - --.-.--.------ n..._ ..._._