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HomeMy WebLinkAbout1993-08-09 ccm ,~ , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 9, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 9, 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. Mayor Swanson asked if any of the Commissioners wished any of the Consent Items be removed for discussion. City Manager Wysocki requested that Commission Resolution No. 2931, which sets the mill levy for Fiscal Year 1994, be removed for discussion. Minutes - August 2. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes .f the regular meeting of August 2, 1993, be approved as amended. 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. Decision - Conditional Use Permit - Dick Kountz ~ allow eXDansion of nonconforming use bv constructing a 2.400-square~foot office and storage addition to an existing structure used for a garbage transfer station and office - artificial lot in the NW%. Section 15. T2S. R5E. MPM (8600 Huffine lane) (Z-9372) This was the time and place set for the decision on the Conditional Use Permit requested by Dick Kountz, under Application No. 2-9372, to allow the expansion of a non~conforming use by constructing a 2,400~square-foot office and storage addition to an existing structure used for a garbage transfer station and office on an artificial lot in the Northwest quarter of Section 15, eownshiP 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly known as 8600 Huffine Lane. Mayor Swanson noted that the pUblic hearing on this application was conducted and closed at last week's meeting. 08~O9-93 .,~ -~ .Y~":r - 2 - At the Mayor's request, the City Attorney reviewed the connection between the application and the next agenda item. He noted that the Commission should act on this application for a conditional use permit first, and then the requested variances. He stated that Condition No. 8 for approval of the conditional use permit requires that the applicant comply with the zone code _eQUirements for paving, curbing and landscaping, unless the variances are approved. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the Conditional Use Permit requested by Dick Kountz, under Application No. Z-9372, to allow the expansion of a non-conforming use by constructing a 2,400-square-foot office and storage addition to an existing structure used for a garbage transfer station and office on an artificial lot located in the Northwest quarter of Section 15, Township 2 South, Range 5 East. Montana Principal Meridian, subject to the following conditions, as recommended by the City- County Planning Board: 1. That at least four large canopy trees shall be installed on the subject tract, regularly spaced, adjacent to the proposed Huffine Lane right-of- way; 2. That in lieu of the 3-foot-wide island with a screening fence as proposed, a minimum 300-square-foot landscape island that contains . at least one large tree shall be installed in the same vicinity. A landscape island which is at least 8 feet wide and contains at least one large tree shall be installed in the row of parking stalls immediately in front of the building; 3. That at least two different species or cultivers shall be used for each major plant type on the final landscape plan (Le., two different types of conifer trees, etc.); 4. That the parking stalls at the northeast corner of the site shall be shifted outside of the 50-foot setback. The space created by moving these spaces shall be devoted to landscaping; 5. That an awning (or a similar element) shall be provided over the front entry into the addition; 6. That, in lieu of reusing the existing sign. a new building mounted sign that meets the zoning ordinance size limitations; that exhibits high graphic quality; and that states the street number address of the building, shall be provided; e 7. That final plans shall be subject to review and approval by staff prior to final site plan approval; 8. That all parking and vehicular circulation areas shall be paved and curbed as per the zoning ordinance unless variances are granted by the City Commission. The paving section of any required paving shall be subject to the review and approval of the City Engineering Office. If a variance is granted to waive the curbing requirement, pin-down wheel stops shall be provided for all parking spaces (with the exception of those adjacent to a minimum 5-foot wide raised sidewalk); 08-09-93 - - ----- ;. - 3 - 9. That if paving of the parking area is required by the governing body, the applicant's engineer shall provide the City with stormwater drainage calculations for sizing of the drainage system; 10. That the sidewalk which runs along the front of the building shall be extended along the parking stalls immediately to the west of the proposed disabled space. The walk shall be a minimum of 5 feet wide unless curbstops are used, in such case the walk shall be a minimum . of 3 feet wide with the wheelstops placed 2 feet back from the walk; 11. That the disabled parking stall shall be signed as such. A detail of the disabled parking sign shall be provided on the final site plan; 12. That all landscape areas shall be irrigated as per the zoning ordinance requirements. The type(s) and/or method(s) of irrigation shall be noted on the final site plan; 13. That the applicant shall provide written documentation from the Gallatin County Environmental Health Services Department that states the on- site wastewater treatment system is in compliance with said department's regulations for such systems prior to final site plan approval; 14. That the final site plan shall be adequately dimensioned, i.e., access ways, parking lot drive aisles, etc. "Retention" areas shown on the site plan, should be labelled "detention" areas on the final site plan; 15. That the right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; . 16. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 17. That all conditions specifically stated under any conditional use listed in the zoning ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 18. That all of the special conditions shall be consented to in writing by the applicant; 19. That seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 20. That the applicant shall enter into an Improvements Agreement with the . City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 21. That a building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a building permit is issued; and 08-09-93 .--.-- .------- - 4 - 22. That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. .he 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. Decision - Variances from Sections 18.50.120.8.7. 18.50.120.8.11 and 18.50.100. to waive carkina lot surfacing and curbing and certain landscacing reauirements in coniunction with CUP - Dick Kountz - artificial lot in the NWy... Section 15. T2S. R5E. MPM (8600 Huffine Lane) (C-9308) This was the time and place set for the decision on variances from Sections 18.50.120.8.7, 18.50.120.8.11 and 18.50.100, to waive the parking lot surfacing and curbing and certain landscaping requirements, as requested by Dick Kountz under Application No. C-9308, in conjunction with the Conditional Use Permit on an artificial lot in the Northwest quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property .s more commonly known as 8600 Huffine Lane. Mayor Swanson reminded the Commissioners that they had conducted and closed the public hearing on this item at last week's meeting. Responding to Commissioner Frost, Planning Director Epple stated that the landscape plan submitted with the Conditional Use Permit has demonstrated compliance with the landscape requirements; therefore, that variance is no longer needed. Responding to Commissioner Vincent, the Planning Director stated that typically a dust abatement program is submitted to the staff for review and approval after the Commission has taken its final action. He noted that most dust abatement programs include the use of magnesium chloride; although it could be a more basic program, like watering the gravel parking lot and driving .isles daily with a water truck. Responding to Mayor Swanson, the Planning Director reminded the Commission that staff has recommended two conditions be attached to approval of the variances, one pertaining to the dust abatement program and one which requires pin-down wheel stops, in a condition that is parallel to the one found in approval of the conditional use permit in the above agenda item. 08-09~93 -------- ---------- -- -. ~--~---- .--.--.....-,-.-.- .- -- ----.---.- -.---.-----.-- -..--.--- - 5 - At the Mayor's request, City Attorney Luwe reminded the Commission that a concurring vote of four members of the Commission is necessary to approve a variance. Commissioner Vincent stated that he feels the requested variances are appropriate, given the conditions which have been recommended by staff. . Commissioner Knapp stated she does not support the variances, noted that she took to heart the staff's failure to recommend approval because it was unable to identify any unnecessary hardship. Commissioner Frost stated he will vote against the requested variances because he does not believe it meets the second criterion, which pertains to unnecessary hardship owing to conditions unique to the property. Mayor Swanson stated he believes the variance would be contrary to the public interest. He stated this is based on issues of safety on the corridor because of the rocks that can be kicked out onto the roadway from a gravel driveway and parking lot, on what is a heavily used bicycle corridor. He also stated he was unable to identify unnecessary hardships; and he does not believe that the spirit of the ordinance would be met. He further noted that approval of these variances .OUld result in a violation of the entryway corridor guidelines. He stated that the Martel Construction project was substantially different from this one because that property does not lie within an entryway corridor; and in that situation, the Commission was trying to protect a stream. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the variances from Sections 18.50.120.8.7, 18.50.120.8.11 and 18.50.100, to waive the parking lot surfacing and curbing and certain landscape requirements, as requested by Dick Kountz, under Application No. C-9308, in conjunction with the Conditional Use Permit on an artificial lot in the Northwest quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. That the applicant shall provide a program for perpetual dust abatement for review and approval by the City Engineer prior to final site plan . approval for the corresponding Conditional use Permit application; and 2. That pin-down wheel stops shall be provided for all parking spaces (with the exception of those adjacent to a minimum 5-foot wide raised sidewalk) . The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vincent; those voting No being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson. 08-09-93 -.. - 6 - Decision - Zone Code Amendment - generallv revise ChaDter 18.65. Bozeman Area Sign Code (Z-9395) This was the time and place set for the decision on the zone code amendment proposed under Application No. Z-9395, which generally revises Chapter 18.65 of the Bozeman Area Sign Code, which is entitled "Bozeman Area Sign Code". . Mayor Swanson reminded the Commission that the public hearing on these zone code amendments was conducted and closed at last week's meeting. City Attorney Luwe reminded the Commission that if they vote to approve these amendments, they must be brought back in ordinance form for final action. He noted that the ordinance will be prepared and submitted as quickly as possible, hopefully next week. Commissioner Frost noted that concerns raised by the Coalition of Montanans Concerned with Disabilities. He stated that they have requested 12-foot pedestal signs, rather than talking about freestanding signs, as he had originally thought. He stated, however, he is concerned about the vision barrier that such a sign would create. He forwarded his support for the zone code amendments as forwarded, noting that they clear up the problems that have occurred with the interim code. He noted that the process has taken almost a year; and he feels that the new emendments should be implemented. Commissioner Stiff stated he will not support the amendments as forwarded. He stated his concerns revolve around safety in high speed areas, and the elimination of billboard signs in Bozeman. He also expressed concern with implementing regulations under which 70 percent of the signs along North 7th Avenue must be replaced. Commissioner Vincent stated his support for the amendments, concurring with Commissioner Frost that a lot of work has been done to address the problems and concerns which have arisen under the present code. He stated these amendments will result in improvements to the existing code and are in the best interests of the City. He noted that a review of other similar sized cities and towns across the country will reflect that many have much stricter sign codes than .ozeman. He stated these amendments will result in a solid document with reasonable requirements. Commissioner Knapp stated her support for the amendments. She noted that this type of document is not static, but is always growing and changing. 08-09-93 --------.----.- .._._______u __. _.... .__. ._. - 7 - Mayor Swanson stated his support for the amendments. He addressed Commissioner Stiff's concerns about safety and high speed traffic. He stated that lower signs are located within a driver's angle of vision, making them much easier and safer to read. He noted that changing the sign age on North 7th Avenue may help it to compete with the new North 19th Avenue corridor _hen it is developed. He observed that these amendments will make it easier for businesses to comply with the sign code. He then stated he has heard little community support for the billboard signs, except from the company which owns them. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize the zone code amendment that generally revises Chapter 18.65 of the Bozeman Area Sign 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 - Petition trom residents in Fiaains Addition re construction of sidewalks alona cul-de- sac streets City Manager Wysocki stated that, included in the Commissioners' packets, was a petition eigned by many of the residents along the Langohr Avenue, Healy Avenue, Secor Avenue, Henderson Street and Landoe Avenue cul-de-sac streets, requesting that they not be required to install sidewalks under this year's Sidewalk Program. He also reminded the Commission that information on this item was included in last week's packet. At Mayor Swanson's request, City Attorney Luwe reviewed his memo of May 1, 1992. The City Attorney stated that at that time, the Commission was considering the exception of the Cutting Street, Morrow Street and Spring Creek Drive cul-de-sac streets from the 1993 Sidewalk Program. He stated that this exception from the sidewalk policy, which was established in 1988 and revised in 1990, complies with that policy, since those streets were constructed on a narrow right-of-way which ends a short distance behind the curb. He noted, therefore, the only way that eidewalks may be installed on these streets is through purchase of additional right-ot-way, condemnation, or a public easement. Responding to Mayor Swanson, the City Manager stated that the street rights-of-way for Langohr, Healy, Secor, Henderson and landoe are wide enough to accommodate the installation of sidewalks in the standard location. 08-09-93 .... ___._.__. no_._ - 8 - Mr. Dennis Hoeger, 415 Henderson Street, stated he began the petition drive not because he is opposed to putting in sidewalks if it is a public safety issue. He noted that Commission Resolution No. 2816, which was adopted in September 1990, recites the basis of public safety and public need as a reason for installing sidewalks. He recognized that the exceptions granted for the .hree cul-de-sac streets last year was on the basis of insufficient right-of-way. He noted that the conclusion drawn by residents of the other cul-de-sac streets is that there must not be a public safety or public need on that type of street. He stated that all of these streets are the same width and length, have the same parking patterns, have the same use and same amount of vehicular and pedestrian traffic. Mr. Hoeger stated this is an issue of fairness; and they want to be treated like the other cul-de-sac streets in Figgins Addition. He questioned whether the issue of public safety is valid in the cul-de-sac areas because of the lack of traffic in them. Ms. Kathy Briston, 2525 Landoe Avenue, stated she lives at the head of that cul-de-sac; and there is almost no pedestrian or vehicular traffic other than those that live there. She stated that the snowplows currently plow the snow into her front yard and driveway, questioning how ethe snow could be removed from the street without blocking the sidewalks if they are installed. Mr. Tom Anacker, 422 Henderson Street, stated both he and his wife signed the petition. He stated general concurrence with the statements made by the previous speakers. He then raised the issue of need, particularly since the City did not require the installation of sidewalks with Phase I of the subdivision, and since those streets were platted without sufficient right-of-way to accommodate them. He emphasized the issues of fundamental fairness and equal protection for all of the citizens in the subdivision living on cul-de-sac streets, stating he feels they should all be treated in a similar manner. Mr. Jay O'Neil, 3003 Healy Avenue, reminded the Commission of his appearance at last week's meeting to extend the deadline for installation of sidewalks. He stated that he lives on a corner lot, with his house facing the cul-de-sac street. He noted that the side street is Staudaher eStreet; and he feels that installation of sidewalks is needed along that street frontage. He noted, however, that the only people who walk in front of his home are those who live there. He noted that those who walk around the subdivision "walk the loop"; and he feels that those sidewalks are needed. Mr. O'Neil stated his street is 340 feet long, with six houses facing it; and he feels that the residents along these cul-de-sac streets should be treated the same as the others in the subdivision. 08-09-93 ~..,- - 9 - Mrs. Mary Lou Aicher, 2907 Langohr, stated she resides at the intersection of the cul-de- sac streets of Langohr and Henderson. She does not see the reason for putting in sidewalks along the cul-se-sac streets. She noted it does not serve a need, but is an expense to the residents along those streets. She reminded the Commission of the number of signatures on the petition, noting "a that more of the residents along those streets would have been at this meeting. except they work and are unable to attend an afternoon meeting. She stated she has not personally had contact with anyone who indicated disagreement with installing sidewalks along the main streets in the subdivision. Mrs. Aicher stated she talked to City staff about the requirement to install sidewalks in this subdivision under the 1993 Sidewalk Program, but not in the adjacent subdivisions. She noted that the response was that a priority for installation of sidewalks in the total community has been established; and the adjacent subdivisions did not surface as high as Figgins did. She reminded the Commission that students attending Morning Star school do walk from those other subdivisions and should have sidewalks available as well. Mrs. Aicher concluded that residents in Figgins Addition will agree to the installation of .sidewalks along the main streets in the subdivision, but request that the cul-de-sac streets be exempted because they are not warranted from a public safety standpoint. Mr. Dennis Hoeger emphasized the fact that the residents along the cul-de-sac streets do not believe sidewalks should be required along their streets. He then indicated that all of the neighbors know each other and don't mind the kids crossing their yards or playing in the street. Mayor Swanson noted that the City is in the process of spending a substantial amount of money, over a period of time, to make the community more friendly to disabled people. He suggested that disabled people would want sidewalks, even on the cul-de-sac streets, to ensure their safety and accessibility. Mr. Tom Anacker responded that the streets are wide enough and parking is so limited that a disabled person could easily maneuver down the street. He further noted with curb cuts for each driveway, access to individual residences is readily available. Responding to Mayor Swanson, Mr. Hoeger stated that children run through the neighborhood, taking the shortest route from one point to another; and he does not believe that they would use the sidewalks if they were installed. He also cited the issue of fairness. 08-09-93 --. -.-...---.------ - 10- Mayor Swanson asked if the majority of the Commission feels that the sidewalk policy needs to be reviewed and, if so, whether a public hearing should be held as a part of that review process. Commissioner Vincent stated he feels there is a need to review the sidewalk policy, .roviding an opportunity for public comment. Commissioner Knapp noted that all of the issues that have been raised today were carefully considered during revision of the sidewalk policy. She stated that she is willing to review the policy again; however, she suggested the Commission may make no different decision as a result of that review. Commissioner Stiff stated support for reviewing the sidewalk policy, stating he feels the community deserves an opportunity to comment. Commissioner Frost stated a willingness to review the policy. He expressed concern that if cul-de-sac streets are exempted, then the issue of dead end streets will probably surface; and an objective set of criteria would be imperative. He noted that sidewalks are part of the transportation system in the community; and Figgins Addition is a primary example of a time when .their importance was not fully recognized. He noted their importance, to ensure the safety of all pedestrians, particularly the young, the elderly and the disabled. Mayor Swanson stated a willingness to review the sidewalk policy, including a public hearing on the policy. He then suggested that a public hearing be set; and that those in attendance at this meeting be notified of the time set for that hearing. Reauest for Dermission to address Commission - re snow removal fines - Cathi locatio 202 South 8th Avenue City Manager Wysocki stated that, included in the Commissioners' packets, was a letter from Cathi locati, 202 South 8th Avenue, dated May 11, regarding two fines for failure to remove the snow from her sidewalks this past winter. He stated that she has requested an opportunity to eddress the Commission about this issue. Ms. Cathi Locati stated she has lived in Montana all of her life, including Bozeman in 1980 and 1981. She noted that she moved back to Bozeman on August 24 last year, after having been in a car wreck on August 10 in which she suffered back injuries. She stated that on January 4 and January 12, she received notices of violation, and attempted to clean the sidewalk even though 08-09-93 - ,.. ~ , . 11 - she was not supposed to. She noted that, since she lives on South 8th Avenue, pedestrian traffic in front of her home is heavy; and by the time she tried to removed the snow, it was well packed. She stated, therefore, she was unable to clear the sidewalk as well as the snow patrol apparently thought it should be; and she was fined. She stated this occurred on two separate occasions, even _hOUgh she was initially unaware of the ordinance and subsequently was unable to meet its requirements. Ms. Locati stated she is an employed single mother of two, and leaves for work early in the day. She noted that she does not have time to shovel before leaving for work; and by the time she gets home, the snow is well packed. Ms. Locati stated that she was upset when she received the first warning notice because she did not understand it. She also noted there is nowhere on the door hanger where it gives a telephone number or person to contact about the warning. She recounted her efforts to contact someone in the City who could help her, and emphasized her frustration at the responses she received, because no one was of any assistance. She acknowledged that part of this frustration was due to her physical condition, although much of it was directed toward the ordinance about .WhiCh she knew nothing and the method of enforcement. Ms. Locati stated she feels that her situation is different and that she should receive special consideration regarding the fines that were assessed. She noted that she sought help, but no one would respond and no one would help her with her sidewalks. She then requested information regarding the program, why it was implemented and how much it costs the City to hire the snow police each year. At the Mayor's request, City Manager Wysocki provided a brief history of the sidewalk snow removal program in Bozeman. He stated that in 1979, the City encountered financial difficulties, and the sidewalk snow removal program was one of those eliminated, with individual property owners being made responsible for removal of snow from the sidewalks in front of their homes. Approximately six years ago, the Commission became concerned that the sidewalks were .ot being cleared in a manner that provided a safe place for pedestrians; and the snow removal ordinance was implemented following a public hearing. He stated that every November, a display ad is run in the newspaper three times to remind the residents of the ordinance provisions and to inform new residents of the program. He concluded by suggesting that it is common courtesy to keep one's sidewalk clear. 08-09-93 - 12 - Ms. Locati questioned how one is to learn about the program if she doesn't subscribe to the newspaper. The City Manager responded that the door hanger provides the initial warning and puts one on notice that there is some type of program in the community. '. Further responding to Ms. locati, the City Manager suggested the possibility of hiring someone to shovel the sidewalk. He noted that the senior citizens have banded together to help one another; and there are other snow shoveling services available. Ms. Locati stated she does not want sympathy and she does not want to run from responsibility; she just feels there is a problem with this program that needs to be addressed. Mayor Swanson stated that the Commission has discussed possibly repealing this ordinance; and there was no support for that proposal. He then noted Ms. Locati understands the policy now. Ms. Locati stated she feels that communication on this policy is broken. She noted that residents are constantly moving into and out of Bozeman; and she feels a more frequent reminder is needed. . Responding to the Mayor's observation that she is the first to appear before the Commission on this issue, Ms. Locati stated it is not easy for a citizen to appear before the Commission on this type of item, particularly when they know nothing will change. Ms. Locati reiterated her frustration with receiving no assistance or sufficient response from City staff. She stated that she does understand her responsibilities; and she does not want the law changed; but she also does not want to pay the fines which she was assessed. She then stated her commitment to better clean her sidewalks in the future. City Manager Wysocki noted the issue of responsibility for maintaining the sidewalks is usually included in a lease. He then stated that if this fine is not paid, it will be placed as a lien on the property. He reminded the Commission that there is no provision for waiving of these fines in the City code. . Commissioner Vincent stated he has talked to some people individually who have expressed concern about the sidewalk snow removal program. He suggested that additional notices might be an effective communication tool. He also noted that a more user friendly warning notice would be helpful. He observed there are times that the snowfall may last for an extended period of time or be extremely heavy; and it may be best to clear the snows quickly rather than 08-09-93 ------- - - 13 - encountering a heavy build-up that may be packed because of people walking on it. He then stated his support for the sidewalk snow removal policy. Ms. Locati thanked the Commission for an opportunity to be heard. .ordinanc~ No. 1371 - Appropriation Ordinance for Fiscal Year 1993-1994 City Manager Wysocki presented Ordinance No. 1371 as approved by the City Attorney, entitled: ORDINANCE NO. 1371 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1994. The City Manager stated that, as a result of telephone conversations with Commissioner Frost this morning, staff has prepared additional revisions to the appropriation ordinance, to reflect a change in accounting for monies spent on the Bozeman Solvent Site. He noted that all documents to this point have accommodated that project under the City Attorney's budget unit, .eCOgniZing that a transfer of monies from the Waste Water Fund would be necessary at a later date, since that is actually the fund from which monies will finally be taken. He stated that, under Commissioner Frost's proposal, the Bozeman Solvent Site project would be initially budgeted under the Waste Water Fund instead of the General Fund; and that will result in a reduction of the mill levy for the General Fund. He distributed two sheets showing how the numbers would be revised to accommodate this change in the budget, if the Commission chooses to accept this proposal, and a revised ordinance which includes those changes. Commissioner Frost stated that he was concerned about the 6-percent increase in this year's budget and was attempting to account for that increase when he found this item. He noted that the increases include several items over which the City has no control, such as the retirement eontributions, the costs for health insurance, meeting ADA requirements, and the Bozeman Solvent Site. He recognized that this change does not decrease the overall totals in the budget; however, he feels that they more accurately reflect the impacts. Mayor Swanson stated he feels this is a logical change to be made. 08-09-93 ~ - .,", - 14 - Commissioner Knapp explained that under these revisions, the mill levy will be dropped from 114.04 mills to 110.88 mills, while the ceiling under 1-105 remains at 129.78 mills. She asked how this proposed decrease in the mill levy might impact future year's revenues from property taxes. . City Manager Wysocki responded that the 1-105 cap was established in Fiscal Year 1987 and may not be exceeded as long as it remains in effect. He noted that the rule which impacts the City's ability to levy is a separate statutory provision; and the City may not increase the amount of revenues generated from the mill levy by more than 5 percent from the previous fiscal year, unless new revenues are generated by new construction or new annexations. He confirmed Commissioner Knapp's assessment that in this instance, 5 percent of $100,000, or $5,000 in allowable additional revenue from the mill levy for next fiscal year's budget. Responding to Commissioner Vincent, the City Manager stated he is unable to identify a down side to Commissioner Frost's proposal. Commissioner Stiff emphasized the importance of remembering that this proposed transfer in accounting for monies expended on the Bozeman Solvent Site does not represent a decrease in .expenditures, but simply represents a change in the fund from which it is taken. He noted that, while the mill levy may be decreased slightly, the charges for waste water services will probably be increased by a corresponding amount to cover the costs. He indicated his discomfort in accommodating such an unknown quantity as the Bozeman Solvent Site in an enterprise fund account instead of in a General Fund budget unit, such as the City Attorney's. The City Manager noted that there are a few customers of the waste water system who are not property taxpayers because they live outside city limits but are receiving waste water services through an agreement. Commissioner Vincent stated that, while he recognizes that this proposed change in the budget does not reduce the total budget, it does serve to reduce the property tax levy slightly; and he feels that is an important step to take. He also noted the importance of recognizing that .property taxes may be deducted from one's income taxes while payments for utilities may not be. He stated that in this instance, the amount would be very small. Commissioner Frost informed the Commission that with this change in the manner in which monies are budgeted, the increase in the property tax revenues will be only 3.2 percent, which he feels is an acceptable increase in light of the cost of living increases. He concluded with 08-09-93 . -..-------- .-. .---- - 15 - his feeling that it provides a more accurate reflection of the costs incurred for each of the City's operations. Commissioner Vincent noted the additional $30,000 in the budget for tree maintenance, for a potential bug control program next spring. He suggested that further discussion on that item .might be appropriate. The City Manager responded that the issue can be addressed during the public hearing process this evening. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1371, the Appropriation Ordinance for Fiscal Year 1993-1994. 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. Commission Resolution No. 2931 - establishing the milllevv for Fiscal Year 1994 City Manager presented Commission Resolution No. 2931, as approved by the City .Attorney, entitled: COMMISSION RESOLUTION NO. 2931 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED V ALUA TION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1993-1994. The City Manager reminded the Commission that he had requested this item be removed from the Consent Items. He then submitted a revised copy of the resolution, which reflects the changes made in the above agenda item, recommending that it be adopted. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission adopt Commission Resolution No. 2931, establishing the mill levy for Fiscal Year 1994. The motion carried by the following Aye and No vote: those voting Aye being .ommissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 08-09-93 ______ __n___ - 16 - Ordinance No. 1372 - amending Section 1.16.010 of the Bozeman MuniciDal Code. aeneral Denaltv provision for violations of code City Manager Wysocki presented Ordinance No. 1372 as approved by the City Attorney, entitled: ORDINANCE NO. 1372 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 1.16.010, THE GENERAL PENALTY PROVISION FOR VIOLATIONS OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR THE INCREASE IN FINE AND IMPRISONMENT. THE PAYMENT OF COSTS AND EXPENSES. AND FOR CONTINUOUS VIOLATIONS; AND PROVIDING FOR THE REPEAL OF SECTIONS 2.76.220. 5.08.030. 6.04.180. 8.20.060. 8.24.030. 9.02.030.9.06.020,9.32.020, 9.44.010.C.. 9.46.010.B. 9.84.050.9.90.020. 8.98.020. 12.20.080. 12.26.090. 13.04.030. 15.08.200. 15.20.150, AND 15.28.140 OF SAID CODE AND DECLARING THE SAME TO BE NULL AND VOID AND OF NO EFFECT. The City Manager reminded the Commission that this ordinance had been submitted under "FYI Items" at last week's meeting. He recommended that it be provisionally adopted at this time and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1372, amending the general penalty provision in the .ode, as contained in Section 1.16.010 of the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. 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. Discussion - authorize (a) apolication for certification and (b) membershiD in NATOA City Manager Wysocki reminded the Commission that Commissioner Knapp had requested this item be placed on the agenda. Commissioner Knapp distributed a memo, dated August 9, in which she forwarded her recommendations for actions to be taken by the Commission. She reminded the Commission of .er recent attendance at the cable television franchising conference in Oregon, which was an intensive two-day workshop. She recommended that the Commission: (1) file for certification with the FCC on September 1, which is the earliest possible date to file; (2) apply for membership in the National Association of Telecommunications Officers and Advisors (NA TOA); (3) authorize purchase 08-09-93 ---... ------------- - .----...---....- - 17 - of the publication entitled Local Officials Guide to the 1992 Cable Act; and (4) authorize a staff member to attend the annual NATOA Conference, which is to be held in Orlando next month. Commissioner Knapp stated that filing for certification must be done between September 1 and September 30; and the application is approved automatically within 30 days of filing. She _noted it is a one sheet application, with relatively easy questions to be answered; and there is no fee. She stated that if the City wishes to enter into any type of franchise agreement, the City must first be certified. She noted the importance of franchising, because (1) it provides for a body to which citizens may appeal the cost of their services and delivery of services, but not the program content, and (2) it allows for protection of the public rights-of-way. Responding to Commissioner Vincent, Commissioner Knapp stated that a membership in NATOA is $275. Mayor Swanson suggested that the Commission make the decision only on whether to proceed with certification, deferring the decisions on the remaining three issues until more information has been distributed to the Commissioners. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the .commission authorize and direct staff to complete and file an application with the FCC for certification on September 1, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson requested that the remaining three items be placed on next week's agenda for action. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2932 - fixing the form and details and Drovidina for the execution and delivery of and security for bonds for SDecial ImDrovement District No. 656. in the amount of $392.000 . COMMISSION RESOLUTION NO. 2932 A RESOLUTION RELATING TO $392,000 SPECIAL IMPROVEMENT DISTRICT NO. 656 BONDS; FIXING THE FORM AND DETAILS, PROVIDING SECURITY THEREFOR, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND AMENDING AND SUPPLEMENTING COMMISSION RESOLUTION NO. 2745. Authorize City Manaaer to sian - Utility Aareement between the DeDartment of TransDortation and the City on the Bozeman Four Corners Proiect 08-09-93 - 18 - Authorize City Manaaer to sign - Water Purchase Contracts with the Middle Creek Water Users' Association for 40 acre feet of Hyalite Reservoir water: authorize excenditure of monies for same 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 .0 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. Recess - 5: 16 c.m. Mayor Swanson declared a recess at 5:16 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. . Public hearing - Commission Resolution No. 2928 -levying and assessina tree maintenance district for Fiscal Year 1994 This was the time and place set for the public hearing on Commission Resolution No. 2928, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2928 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1994 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He reminded the Commission that this .istrict was created in 1990; and annual assessments have generated revenues for this program since that time. He noted that two forestry crews now work for the City; and some tree trimming work is contracted out on an annual basis. He stated that under this resolution, the assessment rate is set at $ .00143 per square foot, which represents a 5-percent increase over last year's assessment plus an increment to generate an additional $30,000 in total revenues to fund a 08-09-93 -- .-. ,,-- - -"-- - 19 - program for addressing caterpillar infestations or similar infestations, which could jeopardize the City's forest. He noted that the average residential assessment was between $5.00 and $6.00 last year; and this increase will raise that by $1.50 to $2.00. The City Manager noted that this spring's tent caterpillar infestation damaged over 2,000 .rees; and if the caterpillars come back a second year, they could kill those trees. He noted that the City's forests represent a $9 million asset; and care must be taken to protect and maintain it. He stated that any program to address insect infestations will be environmentally sound and will be done in a manner which will not be harmful to humans or animals or the "good kind" of bugs. Responding to Mayor Swanson, Director of Public Service Forbes stated that approximately 3500 trees have been trimmed to date. He stated there are 1200 trees remaining; and he expects that those will be trimmed for the first time either this fiscal year or next fiscal year. Commissioner Vincent asked about the $30,000 additional assessment and how it will be used. He noted that conversations with experts in the field from MSU reflect that the window for responding to potential infestations is small, requiring quick response. He asked if the City would be in a position to react quickly if the problem arises. He also questioned what will be done with . .those monies if they are assessed and collected and then no need arises. Responding to Commissioner Frost, the Director of Public Service stated that no new nursery area has been established; however, approximately 100 new trees have been planted each year in the nursery at the Cemetery. He stated that these trees include deciduous trees and evergreens, noting that quite a number of blue spruce were added two years ago. Further responding to Commissioner Frost, Director Forbes stated that one of the first work items for the newly created Bozeman Tree Advisory Board is to develop a master tree planting plan for the community, reflecting what currently exists and what should be planted. He stated that the results of that plan will dictate what types of trees are planted in the nursery in the future. ] Mayor Swanson asked if it would be possible to apply any or all of the $30,000 additional assessment to next year's program if it is not needed for insect control this year. . The City Manager responded that is a possibility. He concurred with Commissioner Vincent's comments that it is an educated guess on whether any type of insect or caterpillar control will be needed; and that decision may occur as late as April. He noted that this year, there were not the monies readily available to undertake any type of program, such as a systemic application. 08-09-93 _. - 20 - Mr. Chad Groth, 701 South Willson Avenue, stated he has been watching the tree problem in his area with great interest. He noted that some of the trees in his area which had been totally stripped by the tent caterpillars are now beginning to leaf out again. He also noted that the magpies are beginning to eat the cocoons off the trees; and he feels that the natural cycle is the .best way to control the problem, rather than interfering with the cycle. He stated he does not support putting chemicals on the trees. Responding to Commissioner Frost, Director of Public Service Forbes stated that the 2,000 trees which were injured by this year's infestation of caterpillars will be the top priority in this year's forestry program. No written testimony was submitted in support of or in opposition to the assessments for this fiscal year. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. 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. . Mayor Swanson closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 2928, levying and assessing the tree maintenance district for Fiscal Year 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson asked if there is any interest in another motion which stipulates that if the $30,000 is not used for an insect program this year, it will be carried over to next year's program and be used to reduce the assessment. Commissioner Knapp stated that the costs associated with the 2,000 trees that have already been damaged will probably make this a moot point. She also noted that if any type of eest control is needed, it will occur at the end of the fiscal year; and monies must be available to fund those costs. She suggested that if the monies are not expended this year, they could be carried over and made available in another year, rather than the City encountering the type of problem it just did this spring, when no monies were available to react to a problem. 08-09-93 _______n.. ___. _____ ________ _______. __no - 21 - Responding to Commissioner Frost, City Attorney Luwe stated that this Commission cannot legally bind a future Commission. Commissioner Frost stated he feels it is the next Commission's duty to determine what to do with the remaining $30,000 if it is not spent in an insect control type of program. . Commissioner Vincent stated, for the record, that at this time, it is his assumption that i . the best policy would be to decrease the assessment for next year if these monies are not utilized this year. Mayor Swanson and Commissioner Frost stated their concurrence with that statement. Public hearina - Commission Resolution No. 2929 - levving and assessing street maintenance district for Fiscal Year 1994 This was the time and place set for the public hearing on Commission Resolution No. 2929, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2929 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, lEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1994 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY '. OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Swanson opened the public hearing. The City Manager stated that under this resolution, the street maintenance district assessments for the fiscal year will be based on $ .00416 per square foot, which represents a 5-percent increase over last year's assessment rate. Director of Public Service Phill Forbes presented the staff report. He reminded the Commission that three separate funds are utilized in the maintenance of streets: (1) the Street Department budget unit under the General Fund; (2) the Gas Tax budget unit under Special Revenues; and (3) the Street Maintenance District budget unit, also listed under Special Revenues. He indicated that the General Fund monies are typically used for operating supplies and expenses; .he major emphasis of Gas Tax monies is for projects; and the Street Maintenance District monies are typically used for wages. The Director stated that the City crews do some of the major street work in the community, while some of the work is contracted out. He stated that equipment purchases from the Street Maintenance District assessments include a replacement plow truck and a replacement 08-09-93 - 22 - %-ton pickup. He stated that major projects to be completed include chip sealing, hot mix overlay, replacement of old curb and gutter, intersection reconstructions, widening and overlaying of West Babcock Street between South 11th Avenue and South 19th Avenue; milling and overlay of West College Street between South Willson Avenue and South 8th Avenue; and widening of Kagy .Boulevard between South 11th Avenue and approximately South 7th Avenue. He noted that the '. completion of some major street designs, as identified in the new transportation plan, is also to be funded in this fiscal year. Commissioner Vincent asked if the new plow truck will have a gate on it, so that it does not deposit the snow in the alleys and driveways. Director Forbes responded that gates are found on motor graders, but not on truck plows. He stated that the City has two motor graders which it uses to clean the streets, that do have gates; however, he noted that the balance of how long it takes to clear the streets after a storm is important. He noted that, while the motor graders can clean the streets without depositing snow in undesirable locations, there is the issue of timeliness; and that can best be addressed through the use of trucks. . Mayor Swanson suggested that, in conjunction with the widening of Kagy Boulevard between South 11 th Avenue and approximately South 7th Avenue, narrowing of the island be considered. He noted that would open the street up more and provide more area for pedestrians, joggers, bicyclists and motorists to maneuver. Mr. Chad Groth, 701 South Willson Avenue, stated he feels the Street Department does a wonderful job of snow removal. Commissioner Frost noted that he spent a substantial amount of time in Helena and Billings this past winter; and he feels that Bozeman does a much better job of maintaining its streets in the wintertime. No written testimony was submitted in support of or in opposition to the assessments for this fiscal year. . It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. 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. Mayor Swanson closed the public hearing. 08-09-93 ---- -- -------- - 23 - It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Commission Resolution No. 2929, levying and assessing the street maintenance district for Fiscal Year 1994. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Representative Pat Williams to Mayor Swanson, dated August 8, regarding the acquisition of Peets' Hill. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 10, at the Carnegie Building. (3) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, August 10, at the Carnegie Building. . (4) Agenda for the Chamber of Commerce Government Affairs Committee meeting to be held at 7:30 a.m. on Thursday, August 12, at the Chamber of Commerce Office. (5 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 10, at the Courthouse, along with daily minutes for the week of July 26. (6) The City Manager submitted his weekly report, as follows. (1) Attended the ceremonies for dedication of Burke Park on Sunday. (2) Noted that the contractor is installing the water main to the Burrup Annexation. (3) Met with representatives from Blue Cross/Blue Shield this past week. (4) Reviewed the preliminary revenue report for Fiscal Year 1993 with Controller Biekert last week. (5) Noted that only one member of the Parking Commission attended its meeting last week. (6) Announced that staff is preparing an application for grant monies from the Highway Department, with those monies to be used for completion of several of the smaller TSM projects en the transportation plan. (7) Announced that 124 applications were received for firefighter positions with the City; 70 of those were present for written and agility tests this past weekend; and that roster has been decreased to 22 who will be subjected to further testing and oral interviews, to develop a pool of qualified applicants. (8) Noted that United Tree Service is working on tree trimming on South Third Avenue, north of West College Street. 08-09-93 .--------- I - 24- (7) Commissioner Knapp submitted the following. (1) Distributed newspapers which she had acquired while in St. Louis this past week, noting the flood forecasts on those papers. Those forecasts included the current flood stage, the expected crest and the records. (2) Attended a meeting of various bison associations in LaCrosse, Wisconsin, noting the emphasis on the fact _hat economic pressure is bringing the prairies back. She noted that during that same week, groups were discussing the wetlands coming back because of the same economic pressures. (3) Showed the Commissioners a wheel on recycling which she had received, noting she will recycle it by forwarding it to Director of Public Service Forbes. (8) Commissioner Vincent stated he just returned from Oregon and is trying to catch up on what occurred in Bozeman for the past week. (9) Commissioner Frost submitted the following. (1) Stated that a conference of downtown business associations was held in Bozeman last Wednesday. He noted that the day-long conference included a presentation by Don McLaughlin on an eight-year study of cities and towns in Montana; and that presentation was well received. (2) Attended the Taste of Bozeman on Wednesday night. (3) Announced that on Thursday night, he was invited to serve as liaison to the .ozeman Interfaith Housing Board. He explained that they are working on a nine-unit proposal for low-cost and subsidized housing. Commissioner Stiff added that they have received a $350,000 funding commitment from the State Department of Commerce for this project. (10) City Attorney Luwe stated that the paperwork for acquisition of the Burke property should be completed within the next two weeks. (11 ) Clerk of the Commission Sullivan submitted the following. (1) Reported on her attendance at the Association of Records Managers and Administrators (ARMA) annual conference in Polson. (2) Announced that there will be no public hearings at next week's meeting. (12) Mayor Swanson submitted the following. (1) Spent a considerable amount of time with members of the Burke family this past weekend. (2) Attended the City-County Health Board meeting last week, at which time an initial meeting for hiring a person to work on water euality districts was set for August 25. He noted that information on districts in Missoula and Helena is being reviewed in anticipation of creating such districts locally. (3) Announced that the ad hoc committee to review road safety met last week, and set a public forum on September 22 as the kick-off of a ten-week education campaign. (4) Welcomed those attending the downtown business association conference. 08-09-93 - _. ___.u__....._..._. > -----. --.-..--.....- . - 25 - Adiournment - 8:02 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. 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. ATTEST: Gk 02~ ROBIN L. SULLIVAN Clerk of the Commission . . 08-09.93