October 8, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

OCTOBER 1, 2003

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Jack M. Glahn, First Vice-Chairman.

Mr. Mark S. Goga, Second Vice Chairman.

Mr. Richard M. McCracken, Member.

Mr. Mark S. Urey, Ex-Officio Member.

MEMBERS ABSENT:

Mr. Preciliano J. Martín, Member.

(Mr. Mark S. Goga – absent for approval of Agenda and Minutes)

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Edna Gill, Recording Secretary.

OTHERS PRESENT:

Ms. Vester L. Campbell; Ms. Sue Torian; Mr. Tom Torian; Mr. Ysidro R. Coyazo; Mr. Earl Schureman; Ms. Nema Schureman; Mr. Thomas Fitzpatrick; Mr. Vincent Carrica; Mr. Klad Zimmerle; Mr. Mario Torrez; Ms. Dorothy M. Kidd; Mr. Jon E. Kidd; Mr. George Rundall and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled October 1, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of six (6) items were to be considered, four (4) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of October 28, 2003, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Glahn made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 3-0-0.

3. MINUTES OF SEPTEMBER 3RD REGULAR MEETING, SEPTEMBER 4TH WORK SESSION, AND SEPTEMBER 28TH INSPECTION TOUR, 2003. Commissioner Glahn made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 3-0-0.

(Commissioner Goga joined the meeting at approximately 1:40 p.m.)

4. PUBLIC HEARING.

A. CASE: V-03-0464(A). PETITIONER: Restaurant Concepts II, LLC, owner, by G. Paull Nation, Jr., AICP, of Galloway, Romero & Associates, Inc., agent. REQUEST: Approval of the following: 1) A variance of ten feet (10') from Section 29-03-310, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing setbacks from White Sands Boulevard; which, if approved, would allow the construction of a restaurant addition one half foot (0.5') or less from the property line, rather than the ten foot (10') setback required by Code; and 2) A variance from Section 29-03-330, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would allow the construction of a restaurant addition with a resulting off-street parking ratio of 2.7:1, rather than the off-street parking ratio of three square feet of off-street parking for each square foot of building required by Code. TOTAL AREA: ±29,664.36 square feet. LOCATION: 1355 S. White Sands Boulevard. CURRENT LEGAL: Lot 1, Holiday Inn Subdivision. CURRENT ZONE: District "D" (Business).

Ms. Few reported that the property, 1355 S. White Sands Boulevard, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. No building shall be built on White Sands Boulevard within ten feet (10') of the front lot line. The proposed building addition will be one-half foot (0.5'), or less, from the property line at White Sands Boulevard. Therefore, a variance of ten feet (10') is needed. The curb on the East Side of White Sands Boulevard is actually +150 feet from Applebees' property line due to the width of the highway right-of-way. Additionally, the applicant has leased the additional right-of-way from the NMDOT. Therefore, approval of the requested variance will not produce a safety (vehicle conflict or vision clearance) problem. Off-street parking for automobiles is required within a distance of five hundred feet (500’) of the property, in a proportion of not less than three square feet (3 sf) for each square foot of area inside any such business building. The planned addition will result in an on-site, off-street parking ratio of 2.7:1. The addition will eliminate approximately 900 square feet of existing off-street parking. The lease with the NMDOT, for use of the right-of-way for parking, provides an additional +49,200 square feet of off-street parking for use of the applicant's customers. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been prepared. Fire lane and apparatus access must be maintained. If the fire area exceeds 5,000 square feet, the building must have a sprinkler system. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised September 14, 2003, in the Alamogordo Daily News, and eleven (11) notices were mailed to property owners within the 200 foot legal protest area on September 11, 2003. No protests to the requested variance were received. The case was withdrawn from the August PZC agenda by the applicant. The applicant is responsible for the additional costs associated with publishing and mailing the public hearing notice for this case. As the proposed addition would not create a traffic hazard, the actual distance to the street curb is over 150 feet, and the off-street parking will be in excess of Code requirements with the NMDOT right-of-way, approval of the requested variances was recommended by staff.

Mr. Thomas Fitzpatrick was present to represent the case. Mr. Fitzpatrick stated that the reason for the request was to be able to accommodate more people in the restaurant.

Commissioner Glahn made a motion "TO APPROVE CASE V-03-0464(A) AS WRITTEN. Seconded by Commissioner Goga. All voted "AYE" approving he motion by a vote of 4-0-0.

B. CASE: V-03-0465(A). PETITIONER: Ysidro R. Coyazo and Leticia L. Coyazo, owners. REQUEST: Approval of a variance of twelve feet (12') from Section 29-04-060, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing setbacks for open, unenclosed, porches, etc.; which, if approved, would allow the construction of an attached carport three feet (3') from the front property line, rather than the fifteen feet (15') required by Code. TOTAL AREA: ±7,360 square feet. LOCATION: 845 San Juan. CURRENT LEGAL: Lot 39, Mission Hills. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few stated that The property, 845 San Juan, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density residential (single family urban). A front yard having a depth of not less than twenty-five feet (25') is required. An unenclosed patio, porch, terrace, etc. may encroach ten feet (10') into that setback. The carport is planned to extend within three feet (3') of the front property line, at the first support post. Therefore, a variance of twelve feet (12') has been requested. The potential for conflict between pedestrians and vehicles backing from the carport is a major concern. Therefore, should the variance be approved it should include the condition that the carport never be enclosed (open on three sides). A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised September 14, 2003, in the Alamogordo Daily News, and thirty-seven (37) notices were mailed to property owners within the 200 foot legal protest area on September 11, 2003. Three (3) protests to the requested variance were received constituting a 6.46% protest of the legal protest area. Ms. Few stated that approval of the requested variance could only be supported with the condition that the carport never be enclosed (open on three sides).

Mr. Ysidro Coyazo was present to represent for the request. Mr. Coyazo presented some pictures of the proposed carport to the Commission for review. Mr. Coyazo stated he wished to build the carport to protect his vehicles from the sun. It was determined that Mr. Coyazo has a two-car garage but has 3 vehicles to protect. Mr. Coyazo stated he was spending $7,000 to build an attractive carport.

Ms. Vester L Campbell asked to speak. Ms. Campbell stated she owned a home in the area. She expressed that the homes in the area had sufficient space for four cars. Ms. Campbell expressed that the carport would disfigure the street.

Ms. Dorothy M. Kidd asked to speak. Ms. Kidd added that there were no other carports on the street and did not wish to have any built on the street.

Discussions revealed that Mr. Coyazo could build a carport without the requested variance. Mr. Coyazo was asking for a three foot variance in order to make the carport more attractive. It was explained to Ms. Campbell and Ms. Kidd that the carport could be built without the requested variance and the request for the variance was to make the carport more attractive.

Commissioner McCracken make a motion "TO APPROVE CASE V-03-0465(A) AS PER STAFF RECOMMENDATION. Seconded by Commissioner Glahn. All voted "AYE" approving he motion by a vote of 4-0-0.

C. CASE: Z-03-0623(A). PETITIONER: Earl L. Schureman and Juanemia Schureman, owners, by Thomas H. Torian, attorney-in-fact. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "C" (Multi-family Dwelling), or a more restrictive classification; which, if approved, would allow the property to continue to be used as a tri-plex (three attached dwelling units). TOTAL AREA: ± 12,000 square feet. LOCATION: 2417 Pecan Drive. CURRENT LEGAL: Lots 416 and 417, Block 400, Dunn Addition. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms Few stated that The property, 2417 Pecan Drive, is zoned "A" (Single Family Dwelling) District.

The building was constructed in the mid-1950, apparently as a single family dwelling unit (straddling an interior lot line). It is not clear when the conversion of the residence to a tri-plex occurred. The records of the Otero County Assessor show the property being used as a tri-plex in 1990, before the current owner's taking title to the land. A tri-plex at this location constitutes a non-conforming use and the requested rezoning is to legitimize the tri-plex use. Although the requested rezoning will create an island of multi-family zoning in a single family district, there is multi-family zoning and use in the area, less than 200 feet from the property north of Twenty-fifth Street. No records of complaints against the property as a tri-plex have been noted. The 2000 Comprehensive Plan designates this property to be developed as medium density residential (single family urban). The requested rezoning will not conform to the land use plan for the City. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on September 14, 2003, in the Alamogordo Daily News, and thirty-one (31) notices were mailed to property owners within the 200 foot legal protest area on September 11, 2003. One (1) protest to the requested rezoning was received via facsimile and actual signature should be received no later than October 15, 2003. Ms. Few stated that approval of the rezoning to District "C" (Multi-family Dwelling) could only be supported with the condition that the zoning be limited to a maximum of three (3) attached dwelling units and that the property be re-platted into one (1) lot within twelve (12) months of the this zoning action. The planning department has already received the plat for the consolidation of the property and the size limit is noted since there is sufficient room on the property to support six dwelling units.

Mr. Tom Torian, representing Mr. and Mrs. Schureman (his Mother and Stepfather), was present to speak for the request. Mr. Torian stated the property was purchased in 1962 and was a tri-plex when purchased. Mr. and Mrs. Torian went to the Otero County Courthouse researched the property from 1962 forward and found that in 1982, the property was taxed as a tri-plex. Mr. Torian expressed that they did not know this problem existed until a few months ago. The reason for the request is to get the problem cleared up. Mr. Torian expressed that he was in agreement with the conditions the City put on the property. Discussions revealed that the protest letter was received from Ms. Leslie Martin who resides in Florida.

Commissioner Goga make a motion "TO APPROVE CASE Z-03-0623(A) WITH STAFF CONDITIONS. Seconded by Commissioner Glahn. All voted "AYE" approving he motion by a vote of 4-0-0.

D. CASE: V-03-0466(A). PETITIONER: Paul McGregor and Angela McGregor owners, by Mario Torrez, agent. REQUEST: Approval of the following: 1) A variance of seven feet (7') from Section 29-03-310, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing setbacks from White Sands Boulevard; which, if approved, would allow the construction of a building consistent with adjacent properties within three feet (3') of the property line, rather than the ten foot (10') setback required by Code; and 2) A variance from Section 29-03-330, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would allow the construction of a building consistent with adjacent properties with an off-street parking ratio of 2.7:1, rather than the off-street parking ratio of three square feet of off-street parking for each square foot of building required by Code. TOTAL AREA: ±19,555 square feet. LOCATION: 1413 S. White Sands Boulevard. CURRENT LEGAL: A certain tract of land situated in the Southwest quarter of the Southeast quarter (SW ¼ SE¼) of Section 30, Township 16 South, Range 10 East, NMPM, Otero County, New Mexico, being more particularly described as follows: Beginning at the Southeast corner of said Section 30; thence South 89 degrees 18 minutes West, 1324.6 feet to the Southeast corner of said SW ¼ SE¼; thence North 00 degrees 18 minutes West, 923.50 feet along the East line of said SW ¼ SE¼ to a point which is 396.00 feet south of the Northeast corner of said SW ¼ SE¼; thence South 89 degrees 16 minutes West parallel with the North line of said SW ¼ SE¼ a distance of 990.10 feet to a point on the Easterly right-of-way line of U.S. Highway No. 54-70-82; thence South 00 degrees 45 minutes East along said right-of-way line 70.64 feet to a secant point monumented by a railroad rail right-of-way marker (Sta. 494+40); thence continuing along said right-of-way line 285.88 feet on a curve to the right having a radius of 2060.10 feet thru an arc of 07 degrees 57 minutes 03 seconds the chord of which bears South 18 degrees 42 minutes 35 seconds West, 285.65 feet to the true point of beginning for this description; thence continuing on the same curve 143.55 feet thru an arc of 03 degrees 59 minutes 33 seconds the chord of which bears South 24 degrees 40 minutes 19 seconds West, 143.52 feet; thence North 89 degrees 16 minutes 00 seconds East, 181.63 feet, thence North 00 degrees 44 minutes 00 seconds West, 129.64 feet; thence South 89 degrees 16 minutes 00 seconds West, 120.06 feet to the true point of beginning. CURRENT ZONE: District "D" (Business).

Ms. Few stated that the property, 1413 S. White Sands Boulevard, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.

No building shall be built on White Sands Boulevard within ten feet (10') of the front lot line. A variance of seven feet (7') has been requested to allow construction at some future date of a building within three feet (3') of the front property line. The curb on the East Side of White Sands Boulevard is approximately +150 feet from the McGregor's property line due to the width of the highway right-of-way. However, the applicants have not leased the additional right-of-way from the NMDOT. There are apparently no plans for immediate development of the property, therefore there is no basis for staff to use to determine if approval of the requested variance would or would not produce a safety (vehicle conflict or vision clearance) problem. Off-street parking for automobiles is required within a distance of five hundred feet (500’) of the property, in a proportion of not less than three square feet (3 sf) for each square foot of area inside any such business building. With no building plans to evaluate, it is impossible for staff to determine if there will be any problems created as the result of a parking variance being approved. There is no lease with the NMDOT, for use of the right-of-way for parking. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been prepared which at this time has not been signed by the McGregor’s. There are no plans for evaluation of access for the Fire Department, especially as the given the proximity of the property to the Golden Corral building. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised September 14, 2003, in the Alamogordo Daily News, and nine (9) notices were mailed to property owners within the 200 foot legal protest area on September 11, 2003. No protests to the requested variance were received. Staff recommended denial of the requested variances, as the variance requests are speculative.

Mr. Mario Torrez was present to speak for the request on behalf of Mr. McGregor. Mr. Torrez stated that variance was requested because people are interested in the purchase of the property. Many of the Applebees’ and Holiday Inn clients were parking on unpaved property, and due to liability the area was fenced off. Mr. McGregor has been approached by two businesses that are interested in building on the property. The property was formerly a gas station and Mr. McGregor has environmentally removed the tanks and oil pit to make the property environmentally safe. Mr. Torrez stated they are trying to make the property as attractive as possible. Mr. Torrez stated the goal was to have some idea to present to a potential buyer that the variance was in place and all that would be needed is to build.

Commissioner Goga stated that the parking law is a ratio of building size. If the variance was approved, a building could be built without adequate parking and could have the same parking problem as the other businesses in the area. The area had been fenced off because they were parking on the McGregor’s property. Commissioner Goga expressed concern that according to staff comments there is leased property which the McGregor’s do not have a lease for from the New Mexico Department of Transportation. Mr. Torrez stated that the area was fenced off for liability reasons and not for common parking reasons, and also did not expect any problems leasing property from The New Mexico Department of Transportation.

Discussions revealed that the Fire Department noted concern about the proximity of the building to the Golden Corral facility and noted in comments that without definitive plans they would be hesitant to give approval without building plans to evaluate.

Commissioner Goga make a motion "CASE V-03-0466(A) RECOMMENDED DENIAL OF REQUESTED VARIANCES. Seconded by Commissioner Glahn. All voted "AYE" approving he motion by a vote of 4-0-0.

E. CLOSE PUBLIC HEARING.

SUBDIVISIONS.

A. CASE: S-03-0790(A). PETITIONER: J. K. & B. Investments, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of MOBBS SUBDIVISION, REPLAT A, for two (2) lots; with variances on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±3.154 acre. LOCATION: 2251 N. White Sands Boulevard. CURRENT LEGAL: Lot 3, Mobbs Subdivision. CURRENT ZONE: District "D" (Business).

Ms. Few stated that the property, 2251 N. White Sands Boulevard, is zoned "D" (Business) District.

The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.

The minimum building setback line on all lots and other sites is required on the plat. The required ten-foot (10') front setback on White Sands Boulevard is required. The plat must be corrected to show the setback. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The design, data and calculations certified by a registered engineer are required to be provided and approved by staff before consideration any building permit.

Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo. The property was previously subdivided without public land dedication. Continuation of a variance to the public land dedication requirement (0.6308 acre = 27,4776.648 square feet) has been requested on the application. Staff noted no objection to the variance. The lot numbers of the subdivision should be changed to Lots 3A and 4A to identify the Replat and avoid confusion with the existing Lots 1 and 2 of the original plat. The plat must be corrected to show the new lot numbers. Staff recommended approval of the final plat of the subdivision.

Mr. Klad Zimmerle was present to speak. Mr. Zimmerle stated that the split of the property was to create a lot for a business venture.

Commissioner Glahn made a motion "TO APPROVE CASE S-03-0790(A) AS WRITTEN. Seconded by Commissioner Goga. All voted "AYE" approving he motion by a vote of 4-0-0.

B. CASE: S-03-0791(A). PETITIONER: Home Depot U.S.A., Inc., and B & B Consultants, Inc., owners, by Vincent Carrica, agent. REQUEST: Approval of the final plat of HOLIDAY SANDS UNIT 2, REPLAT D SUBDIVISION, for two (2) lots; with variances on the construction and installation of alleys and on the dedication of public land; paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±13.7133 acres. LOCATION: 3400 N. White Sands Boulevard and 101 Glacier Drive. CURRENT LEGAL: Lots 1C and 2C, Holiday Sands Unit 2, Replat C. CURRENT ZONE: District "D" (Business).

Ms. Few reported that the property, 3400 N. White Sands Boulevard and 101 Glacier Drive, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. The minimum building setback line on all lots and other sites is required on the plat. The required ten-foot (10') front setback on White Sands Boulevard is required. The plat must be corrected to show the setback. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo. Continuation of the variance to the public land dedication requirement has been requested on the application. The subdivider shall be required to enter a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and all plans and specifications as approved. A contract has been drafted for the completion of improvements. Staff recommended approval of the final plat of the subdivision with a Subdivider's Contract.

Vincent Carrica of Tierra West, Albuquerque, New Mexico was present to represent the case for Home Depot. Mr. Vincent noted that there was a final inspection on the site and a Certificate of Occupancy has been issued and all construction onsite as well as all of the improvements to Glacier and to US Hwy 54-70. The traffic signal and turn lanes have been completed. The only offsite work that has not been completed is any service connections for the parcel owned by B & B Consultants. When the site is developed water and sewer service ties will be installed. There will be no further driveway cuts into either Glacier or US Hwy 54-70. All access to the out parcel will be gained through the Home Depot site. This plat dedicates additional right of way on both parcels including the Home Depot site and dedicates easements for the water line within the Home Depot site at the request of the City Staff.

Commissioner Glahn made a motion "TO APPROVE CASE S-03-0791(A) AS WRITTEN. Seconded by Commissioner Goga. All voted "AYE" approving he motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) November Agenda – A draft of the Annual Report will be included with the November Agenda.

(2)Terms are expiring at the end of the year. Commissioner Sanders is not eligible for re-appointment. Mr. Goga is eligible for re-appointment.

B. CHAIRMAN - None.

C. COMMISSION - None.

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:40 p.m.

Approved: November 5, 2003

/s/ Jack M. Glahn, First Vice-Chairman

ATTEST:

/s/ J. Greg Garcia, Recording Secretary