March 3, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

MARCH 3, 2004

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. Michael M. O’Hara, Member

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Ms. Connie Hoey, Recording Secretary

OTHERS PRESENT:

Mr. Klad Zimmerle, PLS; Mr. James Sanders; Mr. Rick Ramirez; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled March 3, 2004, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, one (1) 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 March 23, 2004, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Goga made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0.

3. MINUTES OF FEBRUARY 4TH REGULAR MEETING, 2004. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

CASE: Z-04-0629(A). PETITIONER: James L. Sanders and Jeanne P. Sanders, owners, by Ricardo Ramirez of Romano & Associates, LLC, agent for contract holder, Verizon Wireless. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "F" (Industrial), or a more restrictive classification; which, if approved, would allow the property to be used/developed for industrial uses to include, but not limited to, a 110 foot tall self-support cellular tower. TOTAL AREA: ± 6.0 acres. LOCATION: 2521 N. Florida Avenue. CURRENT LEGAL: A parcel of land in the Southeast quarter Southeast quarter of Section 7, Township 16 south, Range 10 East, NMPM, described as follows, to-wit: Starting at the Southeast corner of said Section 7; Thence West 30 feet to the West line of the County Road; Thence North, along the West line of the County Road, a distance of 921 feet to the point of beginning; Thence at right angles West 633.5 feet to a point; Thence at right angles North 400 feet a point; Thence at right angles East 633.5 feet to a point on the West line of the County Road; Thence South, along the West line of the County Road, 400 feet to the point of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) and District "D" (Business).

Ms. Few reported that James L. Sanders and Jeanne P. Sanders own six (6) acres in Section 7, T16S, R10E, NMPM. Through Ricardo Ramirez of Romano & Associates, LLC, agent for contract holder, Verizon Wireless, they are requesting rezoning of the property to allow the property to be used/developed for industrial uses to include, but not limited to, a 110 foot tall self-support cellular tower. The property, 2521 N. Florida Avenue, is zoned "A" (Single Family Dwelling) District and "D" (Business) District. There is no "F" (Industrial) zoning adjacent or abutting this property. Nor is there any "F" zoning in the area. The proposed action will create spot zoning. The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. The requested rezoning will not conform to the adopted master plan. Communication towers exist in the area on property zoned District "E" (Light Industrial). The tower on the City's property at 2600 N. Florida is at least 100 feet tall. The height is of little or no issue. 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 February 15, 2004, in the Alamogordo Daily News, and fifteen (15) notices were mailed to property owners within the 200 foot legal protest area on February 12, 2004. No protests to the requested rezoning were received. As the requested rezoning will be "spot zoning", staff recommends to deny the application as requested and recommend approval of rezoning to either District "E" (Light Industrial) or District "D" (Business).

Mr. Rick Ramirez was available to speak for the petition. Mr. Ramirez stated that they were requesting a zoning change to allow for a 110-foot self-supporting tower for Verizon Wireless. He stated that the coverage is definitely needed in this area by Verizon Wireless, as there is little to no coverage in this area now.

Commissioner Glahn asked Ms. Few what the current zoning was and if there were any problems that staff had with the height of the tower. Ms. Few stated that the property is a mix of Single Family and Business Zoning and there were no problems with the height of the tower.

Commissioner Goga asked Mr. Ramirez if there would be any problem with having only Light Industrial zoning, rather than the full Industrial zoning. Mr. Ramirez stated that they only need the zoning change to allow the use of the telecommunications facility.

Chairman Sanders asked if there are other plans for the property that would require a specific zoning. Mr. Sanders, who is the owner of the property, was available to speak for the petition. Mr. Sanders stated that he did not have a preference whether the property was completely Light Industrial, or business. Mr. Ramirez stated that he did not have any preference as long as it would allow the tower.

Commissioner Glahn made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0629(A) TO CHANGE THE ZONING TO DISTRICT "D" FOR BUSINESS." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-04-0809(A). PETITIONER: Clifton J. Milburn, Donna Milburn, Donald E. Black, Annette G. Black, John E. Kellogg, Carla M. Kellogg, Juanita Rawls Hobbs, Rena J. Pierce Winkler, and Ben G. Pierce, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of SACRAMENTO GATEWAY ADDITION, REPLAT A, for eight (8) lots; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, located inside the City of Alamogordo. TOTAL AREA: ±28.131 acres. LOCATION: North of U. S. Highway 82, west of Florida Avenue. CURRENT LEGAL: Lots 1-21 and 24-46, Block 2, Part of Lot 3 and Lots 4, 5 and 6, Block 3 all of Blocks 4, 5, and 6, Lots 1-8, Block 7, all of Block 8 and a previously vacated portion of Blocks 1 and 3, Sacramento Gateway Addition. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Clifton J. Milburn, Donna Milburn, Donald E. Black, Annette G. Black, John E. Kellogg, Carla M. Kellogg, Juanita Rawls Hobbs, Rena J. Pierce Winkler, and Ben G. Pierce are the owners of property in Sacramento Gateway Subdivision (Section 6, T16S, R10E, NMPM). The proposed subdivision will consolidate the small lots and interior streets into eight large lots with one private driveway easement. The property has no zoning since it is located outside the City of Alamogordo. The 2000 Comprehensive Plan designates this property as low density residential and vacant. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. Through alleys, having a width of twenty feet (20') are required in each block. A variance to this requirement has been requested by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff. 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. A variance to this requirement has been requested by the developer. As the subdivision is located outside the City, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is supported by staff. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Private wells, individual septic tank systems, and gravel streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested. The level of improvements for the subdivision will comply with the County's standards for a subdivision. 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 developer has requested deferral of the drainage report until applications for building permits are submitted. The variance is supported. Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five-mile platting jurisdiction of both the county and the municipality. The subdivision is scheduled for consideration by the County Planning Commission. Staff recommends approval of the final plat of SACRAMENTO GATEWAY ADDITION, REPLAT A, with the requested and required variances (on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, sidewalk, and paving), on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans).

Mr. Klad Zimmerle of Alamotero Land Surveys was available to speak for the petition. Mr. Zimmerle stated that this is an older subdivision that was developed in the 1960’s, when Alamogordo was going through one of its growth spurts. He stated that these lots were 60’ x 100’ and lined the entire side of US Highway 82. There was a portion on the southside that has already been vacated into one single owner. Mr. Zimmerle handed-out maps to the Commission some to help explain the petition request. Mr. Zimmerle stated that the property that is labeled Kellogg on the map was originally twenty-one (21) lots. Lopez had forty-six (46) lots, Pierce had fifty (50) lots, and with this realignment they would be getting larger tracts that are perpendicular to the highway and are more of a saleable piece of property. They cannot be developed singly now, as they are not even grandfathered in through EID; as far as septic systems and wells. Mr. Zimmerle finished by saying that this petition is basically just trying to help clean up a mess.

The Commission asked what the size of the new lots would be. Mr. Zimmerle stated that they will be going from one and one-quarter (1 ¼) acre lots to twelve (12) acre lots. There will be eight (8) large lots out of the original sixty or seventy (60 or 70) lots. Mr. Zimmerle stated that this item will go before the County Planning Commission, then go before the City Commission, and finally to the County Commission. The procedure through Alamogordo is to replat. The procedure through the County is to petition to vacate.

Commissioner Goga asked if there will be a problem with some of these lots being landlocked after the replat. Mr. Zimmerle stated that all lots will have access.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0809(A) OF THE REPLAT WITH THE REQUESTED VARIANCES AND STAFF RECOMMENDATIONS." Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-04-0810(A). PETITIONER: Ronald T. Grisak and Kimberly A. Grisak, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of GORBY, REPLAT B, for two (2) lots; with variances on the construction and installation of alleys, 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: ±2.183 acres. LOCATION: 2850 and 2904 N. White Sands Boulevard. CURRENT LEGAL: The South 100 feet of the North 130 feet of the Southwest quarter Northwest quarter Southeast quarter of Section 7, T16S, R10E, NMPM, lying East of U.S. Highway 54/70 (aka White Sands Boulevard) and Lot 1A, Replat A, Gorby Subdivision. CURRENT ZONE: District "D" (Business).

Ms. Few reported that Ronald T. Grisak and Kimberly A. Grisak own Lot 1A, Replat A, Gorby Subdivision (Dollar Boot & Jean) and the parcel immediately to the north (former Cattleman's Restaurant) in Section 7, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the final plat of GORBY, REPLAT B for 2.183 acres has been requested. Subject subdivision is for the re-dimensioning of the two (2) parcels. Lot 1A of Gorby, Replat A, is not eligible to be considered under a summary plat procedure. The property, 2850 and 2904 N. White Sands Boulevard, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to this requirement have been approved by the Alamogordo City Commission for other subdivisions in the area and previous plats of this subdivision. It is therefore appropriate to continue the variance. 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. Both lots contain business buildings. No new construction is planned. A variance from the drainage report requirement appears appropriate until such time as any permit is submitted for additional construction on either lot. 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. Only 4,754.57 square feet of land would be due the City. Continuation of a variance to the public land dedication requirement is appropriate. Staff recommends approval of the final plat of GORBY, REPLAT B, with the requested variances (on alleys, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans).

Mr. Zimmerle was available to speak for this petition, stating that Ms. Few’s report was very accurate. He stated that this was previously processed as a summary subdivision, and must be taken through the full proceedings at this time. He went on to state that they are generating a more affordable lot for the restaurant. It is smaller, still has the required parking area, but just won’t consume as much land in the rear.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S–04-0810 OF THE FINAL PLAT OF GORBY, REPLAT B, WITH THE REQUESTED VARIANCES." Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0.

6. MISCELLANEOUS.

CASE: A-04-0059(A). PETITIONER: Mesa Verde Ranch Partnership, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of an ordinance consenting to the annexation of a tract of land contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ±350.869 acres. LOCATION: Alamogordo Relief Route north of Mesa Verde Ranch Road. LOCATION: West of Alamogordo Relief Route north of and abutting Mesa Verde Ranch Road. CURRENT LEGAL: A tract of land in Sections 11, 12, 13 and 14, T16S, R9E, NMPM described as follows: Starting at the Southwest corner of said Section 12, from which the South one-quarter corner of said Section 12 bears South 89 degrees 57 minutes 59 seconds East and going South 01 degrees 00 minutes 29 seconds East a distance of 30.00 feet to the right-of-way line of Mesa Verde Ranch Road and the place of beginning of the tract of land herein described; thence South 89 degrees 27 minutes 15 seconds West along said right-of-way line a distance of 2673.54 feet; thence North 00 degrees 09 minutes 26 seconds West a distance of 2694.60 feet; thence North 89 degrees 47 minutes 18 seconds East a distance of 2633.83 feet; thence North 89 degrees 51 minutes 34 seconds East a distance of 2853.08 feet to the right-of-way line of the Alamogordo Relief Route; thence North 39 degrees 30 minutes 40 seconds East along said right-of-way line a distance of 781.96 feet; thence along said right-of-way line along the arc of a curve to the right whose central angle is 06 degrees 43 minutes 29 seconds and whose radius is 5879.58 feet and whose chord bears North 39 degrees 52 minutes 25 seconds East an arc distance of 690.08 feet; thence North 43 degrees 14 minutes 09 seconds East along said right-of-way line a distance of 232.35 feet; thence North 18 degrees 52 minutes 57 seconds Wet a distance of 26.22 feet to the West right-of-way line of U.S. Highway 54/70/82; thence North 72 degrees 59 minutes 48 seconds East along said right-of-way line a distance of 15.25 feet; thence South 18 degrees 55 minutes 12 seconds East a distance of 338.12 feet to the said Relief Route right-of-way line; thence South 85 degrees 29 minutes 43 seconds West along right-of-way line a distance of 49.62 feet; thence South 43 degrees 14 minutes 09 seconds West along said right-of-way line a distance of 63.20 feet; thence along said right-of-way line along the arc of a curve to the left whose central angle is 06 degrees 43 minutes 29 seconds and whose radius is 5629.58 feet an arc distance of 660.74 feet; thence South 53 degrees 29 minutes 20 seconds East along said right-of-way line a distance of 50.00 feet; thence South 36 degrees 30 minutes 40 seconds West along said right-of-way line a distance of 965.69 feet; thence North 53 degrees 29 minutes 20 seconds West along said right-of-way a distance of 50.00 feet; thence along said right-of-way line along the arc of a curve to the left whose central angle is 55 degrees 45 minutes 37 seconds and whose radius is 1332.39 feet an arc distance of 1296.68 feet; thence South 19 degrees 14 minutes 57 seconds East along said right-of-way line a distance of 727.56 feet; thence along said right-of-way line along the arc of a curve to the right whose central angle is 03 degrees 46 minutes 06 seconds and whose radius is 5829.58 feet an arc distance of 383.41 feet to the right-of-way line of Mesa Verde Ranch Road; thence South 80 degrees 29 minutes 26 seconds East along said right-of-way line a distance of 41.94 feet; thence North 89 degrees 52 minutes 33 seconds East along said right-of-way line a distance of 27.72 feet; thence South 86 degrees 19 minutes 12 seconds East along said right-of-way line a distance of 576.22 feet; thence South 00 degrees 06 minutes 11 seconds East along said right-of-way line a distance of 60.00 feet; thence South 89 degrees 53 minutes 49 seconds West along said right-of-way line a distance of 129.90 feet; thence South 86 degrees 06 minutes 59 seconds West along said right-of-way a distance of 430.26 feet; thence South 63 degrees 45 minutes 03 seconds West along said right-of-way line a distance of 49.40 feet; thence North 87 degrees 46 minutes 36 seconds West a distance of 208.56 feet; thence North 75 degrees 15 minutes 24 seconds West along said right-of-way line a distance of 46.17 feet; thence South 89 degrees 52 minutes 49 seconds West along said right-of-way line a distance of 29.93 feet; thence North 86 degrees 18 minutes 20 seconds West along said right-of-way line a distance of 456.98 feet; thence North 89 degrees 58 minutes 18 seconds West along said right-of-way line a distance of 104.18 feet; thence North 89 degrees 57 minutes 56 seconds West along said right-of-way line a distance of 2262.40 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation.

Ms Few reported that The Mesa Verde Ranch Partnership owns 350.869 acres in Sections 11, 12, 13 and 14, T16S, R9E, NMPM, Otero County, New Mexico. They have submitted a petition to the City, together with the required fees and plats, requesting annexation of the property into the corporate limits of the City of Alamogordo. The property is currently un-zoned as there is no zoning outside the City limits. Pursuant to Section 2-07-040 and Section 29-01-030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District "A" (Single Family Dwelling District) upon annexation. Therefore, development of the acreage will be limited to one (1) single family dwelling unit per lot (or another use allowed in District "A") until platting of the property and/or rezoning are approved by the City Commission. The 2000 Comprehensive Plan designates this property to be developed as mixed use. The property is located outside the City’s utility extension and annexation area. Territory may be annexed to the City of Alamogordo by any method provided in Section 3-7-5 through 3-7-18, NMSA 1978, as amended. Due to a recent court decision on another annexation to the City of Alamogordo, the proposed annexation does not have any connection to the City and, therefore, does not meet the minimum requirement for consideration of annexation. Staff recommends to continue consideration of the requested annexation for Case A-04-0059(A) until such time as an alternate proposal with the required contiguity is developed.

Ms Few clarified her report in that this case was a little unusual. She stated that between the time that the requested annexation petition was submitted to the City of Alamogordo for a little over 350 acres on the northern edge of town—west of the relief route, and preparation of staff reports, court action on a protested annexation of decision was rendered. That decision was that although state statute requires rights-of-way to come in with annexation the full widths, we are now having to obtain the signature of the property owners or holders of the title to those rights-of-way, to be able to count percentages. Therefore, the annexation at US Highway 82 and 54/70—which included UPS and the fireworks stands that was done about a year ago, has been rescinded by the courts. The City of Alamogordo is in the process of doing formal ordinance procedures to de-annex that property. The proposed annexation before the Commission this day for Mesa Verde Ranch Partnership did not have the required connection to existing city limits that is required to come onboard. The City of Alamogordo has had several inquiries to redo the annexation on the north part of town with additional property owners being party to the petition. Staff therefore recommended that the consideration of this case be continued pending the development of a total annexation plan for the northern end of town at US Highway 54 and the Relief Route to be developed and presented on a City initiative with petition and rezoning of the property to reflect the comprehensive plan. Ms. Few stated that staff recommended continuing this case rather than tabling, because tabling would require it to come back immediately at the next meeting.

Mr. Klad Zimmerle was available for this petition. Mr. Zimmerle stated this annexation will benefit the north side of town. Things happened in the courts, he said, that eliminated their contiguity with the city limit. He also stated that they are working on getting that contiguity back—which is just a few phone calls away from being worked out. He stated that he thought they would have this shortly, and they have contacted some of the property owners in that area.

Ms. Few asked Mr. Zimmerle if he was pursuing this on his own. Mr. Zimmerle stated that he had not received any direction from the City of Alamogordo. Ms. Few stated that the City of Alamogordo is pursuing our own, so it would be better to not draw-up any plans until we can get this taken care of and get back with him. Ms. Few also stated that it was staff’s understanding that Mesa Verde was in agreement with this. Mr. Zimmerle agreed that a continuance would be in order until this petition is resolved. Ms. Few stated that in addition, a continuance would mean that the petitioner would loose no money and the City would pick up the costs of new plats being developed.

Commissioner Goga made a motion "TO RECOMMEND CONTINUANCE OF CASE A-04-0059(A)." Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

7. REPORTS.

A. City Planner.

(1) Introduction. Ms. Few introduced Mrs. Connie Hoey, as our new secretary with the Community Development Department. She will also be working as a recording secretary for the Planning Commission.

(2) April Agenda. Ms. Few stated that we are anticipating some rezoning cases, some variances, and hopefully the annexation from today’s meeting for consideration.

(3) Election of Officers. The election of officers was postponed from last meeting and there are three (3) positions that need to be filled.

Chairman Sanders stated that the Planning Commission will vote on the election of officers at next months meeting, as Commissioner O’Hara was absent today.

(4) HAFB representation. Ms. Few stated that a very good question was approached last week about Holloman’s representation on the Commission—which was allowing a designated alternate to attend. Ms. Few stated that we have suffered a very tragic and unexpected death in our department. As a result, Ms. Few and another staff member were out helping the family to make arrangements, and she was not able to follow up on this question to have an answer for this meeting. Ms. Few stated that hopefully she will have an answer for Mr. Urey and the rest of the commissioners next month. Ms. Few also stated that she was expecting a stand-alone report addressing the junkyard situation, however that will have to be at next month’s meeting as well.

B. City Attorney.—None

C. Chairman.—None

D. Commissioners.—None

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". Seconded by Commissioner Glahn All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:00 p.m.

Approved: April 7, 2004

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Connie Hoey, Recording Secretary