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01-04-2005 - Summary of Actions - Regular Meeting of Planning Commission - 11/23/04City of West Covina Memorandum AGENDA ITEM NO. C-1 DATE: January 4, 2005 SUMMARY OF ACTIONS REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA November 23, 2004 COMMISSIONERS PRESENT:, ABSENT: CITY STAFF PRESENT: APPROVAL OF MINUTES: York, Lane, Roe, Rozatti and Warshaw None McIsaac, Anderson, S. Hernandez, Hitz, M. Hernandez and de Zara Regular meeting, November 9, 2004 The minutes were approved as presented. A. OTHER MATTERS OR ORAL COMMUNICATIONS None B. CONSENT CALENDAR l . FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE Royall Brown — regarding scheduling of the Galster Park Master Plan. Motion by Lane, seconded by Roe, to approve the items listed. Motion carried 5-0. C. CONTINUED PUBLIC HEARINGS (1) ADMINISTRATIVE USE PERMIT NO. 04-42 (PREVIOUSLY CONDITIONAL USE PERMIT NO. 04-17) CATEGORICAL EXEMPTION APPLICANT: Vo Tuan LOCATION: 2116 West Merced Avenue REQUEST: The proposal was previously for the construction of a 3,472- square foot house, including an 820-square foot (approximate) attached garage. The Planning Commission, directed the applicant to reduce the size of the home and bring plans back to the Planning Commission. The home has been redesigned as a 2,490-square foot house, with a 584-square foot garage. There is an existing garage and storage shed on site that was for the use of the home located at 2122 West Merced Avenue. The owner at 2122 West Merced Avenue has been approved for the construction of a new garage, therefore the garage and shed located at 2116 West Merced will be demolished to allow for the construction of the new home. The property is 7,800 square I ZAPLANCOM\SUMACTS\SumActs 2004\1 123 04 sum act.doc\Isd Planning Commission Summary of Action Paae 2 — November 23, 2004 feet and is located in the "Single -Family Residential" (R-1) Zone, Area District I. COMMENTS: Vo Tuan, applicant, spoke in favor of the project. After a short discussion, it was the consensus of the Commission that the applicant had made substantial changes to his plan. They also expressed their support of the project. Motion by Warshaw, seconded by Roe, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Roe, to waive further reading of the body of the resolution and adopt Resolution No. 04-4979, approving Administrative Use Permit No. 04-42. Motion carried 5-0. NEW PUBLIC HEARINGS (2) GENERAL PLAN AMENDMENT NO 04-04 ZONE CHANGE NO. 04-05 PRECISE PLAN NO.04-02 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: William McIntyre, McIntyre Company LOCATION: Southwest corner of Citrus Street and Workman Avenue REQUEST: The project consists of the request for a General Plan amendment, zone change and precise plan to construct a new auto dealership and the reconstruction of a retail center on Workman Avenue. The applicant is proposing a General Plan amendment to change the land use designation from "Regional Commercial" to "Service and Neighborhood Commercial." The applicant is also proposing a zone change from "General Commercial" (C-2) to "Service Commercial" (S-C) to allow for the auto dealership. The applicant is requesting a precise plan to allow for a 40,000-square foot dealership on a 5.62-acre property and the reconstruction of a retail center for a total of 30,400 square feet on a 2.53-acre property. The entire site is 8.15 acres. COMMENTS: Bill McIntyre, applicant, and Linda Logan, spoke in favor of the project. Shelby Williams, Royall Brown, Thomas J. Dziak and Dr. Pierre Hogan requested more information about the project. Mr. McIntyre and Ms. Logan addressed the Commission regarding the two phases of construction proposed and stated that they had contacted the adjacent residents and existing businesses on the site. They also informed the Commission that the existing businesses would be relocated or given the opportunity to occupy one of the spaces in the new retail center. There was a discussion regarding the proposed Nissan dealership and the Commission expressed their concern with the delivery of automobiles to the dealership and the possible increase in noise due to the use of a public address system at the proposed dealership. It was the consensus of the Commission that the proposed plan to mitigate the possible additional noise and traffic was acceptable. However, the Commission also expressed their desire to not allow the installation of a public address system, preferring that the dealership utilize another form of paging that would not create additional noise. Z:\PLANCOM\SUMACTS\SumActs 2004\11 23 04 sum act.doc Planning Commission Summary of Action Paae 3 — November 23, 2004 Motion by Warshaw, seconded by Lane, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4980, recommending to the City Council certification of the Negative Declaration of Environmental Impact for General Plan Amendment No. 04-04, Zone Change No. 04-05 and Precise Plan No. 04-02, as, amended. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4981, recommending to the City Council approval of General Plan Amendment No. 04-04, as amended. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4982, recommending to the City Council approval of Zone Change No. 04-05, as amended. Motion by Warshaw, seconded by Lane, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4983, approving Precise Plan No. 04- 02, as amended. Motion carried 5-0. (3) TENTATIVE PARCEL MAP NO.61714 CATEGORICAL EXEMPTION APPLICANT: Rene Ortiz LOCATION: End of cul-de-sac at East Rio Verde Drive REQUEST: The project consists of a request for the approval of a tentative parcel map to subdivide one parcel into two parcels as follows; Parcel 1 (19,594 square feet) and Parcel 2 (20,936 square feet). Parcels include land that is to be acquired from the City of West Covina. The project is located in the "Single -Family Residential' (R-1) Zone, Area District II. COMMENTS: Principal Planner Anderson recommended that this matter be continued to the December 14, 2004 regular meeting in order to allow staff to further address a drainage issue associated with the project. Motion by Roe, seconded by Warshaw, to continue the public hearing regarding this matter to December 14, 2004. Motion carried 5-0. Z:\PLANCOM\SUMACTS\SumActs 2004\11 23 04 sum act.doc Planning Commission Summary of Action Paee 4 — November 23, 2004 (4) TENTATIVE PARCEL MAP NO. 61797 CATEGORICAL EXEMPTION APPLICANT: Charles and Teresa Tan LOCATION: 541 East Merced Avenue REQUEST: The project consists of a request for the approval of a tentative parcel map to subdivide one parcel into two parcels as follows: Parcel 1 (22,004 square feet) and Parcel 2 (12,111 square feet). The project is located in the "Single -Family Residential" (R-1) Zone, Area District II. COMMENTS: Charles Tan, applicant, spoke in favor of the project. Mr. Tan informed the Commission that it was his desire to utilize the entire property and build a home for his children to live in. In addition, he stated his belief that the two new homes would improve the neighborhood. Joanne Wilner spoke in opposition. Mrs. Wilner stated her concern that a flag lot development would change the character of the neighborhood. It was the consensus of the Commission that allowing the flag lot would set an undesirable precedent for the area. The Commission also encouraged the applicant to work with staff to find a more acceptable solution that would allow him to develop his property with two homes. Motion by Lane, seconded by Roe, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Lane, seconded by Roe, to waive further reading of the body of the resolution and adopt Resolution No. 04-4984, denying Tentative Parcel Map No. 61797. Motion carried 5-0. (5) TENTATIVE PARCEL MAP NO.61952 CONDITIONAL USE PERMIT NO. 04-19 ADMINISTRATIVE USE PERMIT NO. 04-39 CATEGORICAL EXEMPTION APPLICANT: Rick Yeh for Chin Ting LOCATION: 2544 East Cameron Avenue (aka 2568 East Cameron Avenue) REQUEST: The project consists of a request for the approval of a tentative parcel map to subdivide a 70,624-square foot lot into four single-family residential lots ranging in size from 17,064 square feet to 18,468 square feet. The applicant is requesting a conditional use permit to allow four two-story houses ranging in size from 5,387 square feet to 9,032 square feet. The applicant is also requesting the approval of an administrative use permit for a 657-square foot balcony on Lot 1 and a 293-square foot balcony on Lot 2. The property is zoned Residential Agricultural (R-A), Area District III. COMMENTS: Commissioner Lane stated that she owned property within 300 feet of the project and recused herself from the discussion. She left the dais. Rick Yeh, architect representing the applicant spoke in favor of the project. Z:\PLANCOM\SUMACTS\SumActs 2004\11 23 04 sum act.doc Planning Commission Summary of Action Page 5 — November 23, 2004 Mr. Yeh informed the Commission that it was the property owner's intention to subdivide the lot into four parcels. Mr. Yeh also said that the property owner would sell the front two parcels and retain the rear parcels so that he and his in- laws could occupy them. Marion Tennant, Dr. Peter Davis, Betty Lidle, Steve Green, Joanne Wilner, Royall Brown, John Scheuplein, Eva Riesner, Connie Bachor, David Serrano and Ashley Rozatti spoke opposition to the project. The opponents spoke in opposition to the demolition of the existing home, citing the historical significance of the home. They also expressed their opposition to changing the character of the neighborhood and the additional traffic and congestion this proposal could cause. After a lengthy discussion, it was the consensus of the Commission to continue the consideration of this matter to allow the applicant to redesign his plan, preserving the existing home. In addition, staff was directed to provide the Commission with information relating to the adoption of a historical preservation code and the Mills Act. Motion by Warshaw, seconded by York, to continue the consideration of this matter to allow the applicants to resubmit a new plan. Motion carried 4-0-1 (Lane abstained). D. NON -HEARING ITEMS None E. OTHER MATTERS OR ORAL COMMUNICATIONS None F. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS (1) CITY COUNCIL ACTION: City Council Meeting, November 16, 2004: Reconsideration of the pre -annexation agreement for Nogales High School — continued to December 7, 2004. General Plan Amendment No. 04-04, Zone Change No. 04-05 and Precise Plan No. 04-02 (Citrus/Workman Project) — scheduled for consideration December 7, 2004. (2) PLANNING DIRECTOR'S REPORT: a.) Summary of Subcommittee Review Election of a new vice-chairman would be considered December 14, 2004. Discussion regarding the Recreational Vehicle Ordinance. Staff was directed to consult with the City Attorney regarding how postponement of the City Council election will affect the Planning Commission terms in office. Z:\PLANCOM\SUMACTS\SumActs 2004\11 23 04 sum act.doc Planning Commission Summary of Action Page 6 — November 23, 2004 G. ADJOURNMENT Motion by Roe, seconded by Rozatti, to adjoun the meeting at 11:10 p.m. Motion carried 5-0. Z:\PLANCOM\SUMACTS\SumActs 2004\11 23 04 sum act.doc City of West Covina Memorandum AGENDA ITEM NO. C-1 DATE: January 4, 2005 SUMMARY OF ACTIONS REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA December 14, 2004 COMMISSIONERS PRESENT: York, Lane, Roe, Rozatti and Warshaw ABSENT: None CITY STAFF PRESENT: McIsaac, Anderson, Yauchzee, Hitz, Hernandez, Franklin, de Zara APPROVAL OF MINUTES: None A. OTHER MATTERS OR ORAL COMMUNICATIONS Joanne Wilner — regarding Galster Park Master Plan hearing. John Scheuplein — regarding the need for affordable housing in West Covina and addressing the need for homeless shelters. Alex Maldonado — regarding the need for a place for West Covina Express Soccer League to play soccer. B. CONSENT CALENDAR 1. FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE 2. PLANNING COMMISSION AUTHORIZED PLANNING DIRECTOR'S MODIFICATION NO.04-40 APPLICANT: Mike Ti LOCATION: 2034 Stacey Court The applicant is requesting to construct a 192-square foot detached open lattice patio cover that will encroach five feet into the required ten -foot rear setback. The project is located within the Woodside Village Master Plan and "Planned Community Development No. 1" (PCD-1) Zone and therefore requires Planning Commission approval of the encroachment. Recommendation to approve Planning Director's Modification No. 04-40. 3. EXTENSION OF TIME PRECISE PLAN NO.03-08 CONDITIONAL USE PERMIT NO.03-06 VARIANCE NO.03-05 APPLICANT: Jeffrey Ibrahim LOCATION: 116 North Lang Avenue The applicant is requesting the first of three one-year extensions of time for the above- referenced items. ZAPLANCOM\SUMACTS\SumActs 2004\12 14 04 sum act.doc\lsd Planning Commission Summary of Action Paae 2 — December 14, 2004 Motion by Roe, seconded by Lane, to approve the items listed. Motion carried 5-0. C. CONTINUED PUBLIC HEARINGS (1) TENTATIVE PARCEL MAP NO. 61714 CATEGORICAL EXEMPTION APPLICANT: Rene Ortiz LOCATION: End of cul-de-sac at East Rio Verde Drive REQUEST: The project consists of a request for the approval of a tentative parcel map to subdivide one parcel into two parcels as follows: Parcel 1 (19,594 square feet) and Parcel 2 (20,936 square feet). The project is located in the "Single -Family Residential" (R-1) Zone, Area District Il. COMMENTS: Staff recommended continuing this item to the next regular meeting, as there was an inadvertent error in the public noticing. Motion by Warshaw, seconded by Roe, to continue to Jan. 11, 2005. Motion carried 5-0. NEW PUBLIC HEARINGS (2) CONDITIONAL USE PERMIT NO.04-26 CONDITIONAL USE PERMIT NO. 04-27 CATEGORICAL EXEMPTION APPLICANT: RBMS Corporation, Red Brick Restaurant Larry Kramer, Dono Sushi, Inc. LOCATION: 1230 Lakes Drive, Units 104 and 101 REQUEST: The projects consist of conditional use permits to allow on - sale service of alcohol in a 1,642-square foot restaurant (Red Brick Pizza) and in a 2,800- square foot restaurant (Dono Sushi). The building is currently under construction. COMMENTS: Manesh Mada, owner and operator of Red Brick Pizza, Ted Slaught of Hillcrest Development and Larry Kramer, representing Dono Sushi,, spoke in favor of the request. The proponents expressed their support of the sale of alcoholic beverages in conjunction with the sale of food stating that it would make the restaurant more appealing. Bernie Wilner and Mimi McKenzie spoke in opposition. Mr. Wilner spoke regarding his concern that the parking in the area of the theater would be impacted. Ms. McKenzie expressed her opposition to the service of alcoholic beverages to patrons who would be driving home after dining at the restaurant. After a short discussion, it was the consensus of the Commission that this use would be consistent with other uses in the vicinity and would not have an undesirable impact in the area. Motion by Warshaw, seconded by Lane, to adopting findings' as recommended by staff. Motion carried 5-0. Z:\PLANCOM\SUMACTS\SumActs 2004\12 14 04 sum act.doc Planning Commission Summary of Action Page 3 — December 14, 2004 Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4985, approving Conditional Use Permit No. 04-26, as amended. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to adopting findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4986, approving Conditional Use Permit No. 04-27, as amended. Motion carried 5-0. (3) CONDITIONAL USE PERMIT NO. 04-25 CATEGORICAL EXEMPTION APPLICANT: Derryck Tom, Ohana's Hawaiian Grill LOCATION: 1230 Lakes Drive, Suite F REQUEST: The project consists of a conditional use permit to allow the on -sale general service of beer, wine and distilled spirits within a proposed 4,800-square foot restaurant (currently being constructed) and to allow live entertainment. The project is located in the "Service Commercial" (S-C) Zone. COMMENTS: Derryck Tom, applicant, and Ted Slaught spoke in favor of the request. Mr. Tom answered questions by the Commission regarding the proposed entertainment at the restaurant. He stated that it would be limited to five performers at a time because that's all his stage could accommodate. He further stated that entertainment would be provided by community groups, rather than professional performers. Mimi McKenzie spoke in opposition. Ms. McKenzie stated her opposition to the service of alcoholic beverages to patrons who would be -driving after they were finished eating and drinking at the restaurant. There was a discussion by the Commission regarding the possible need for increased security at the location and a possible increase in the hours of operation. It was determined that there was already adequate security provided by the management of the entertainment center and the West Covina Police Department. In addition, the Commission was informed that a request for an increase in business hours would require a hearing before the Planning Commission. The Commission concurred with the recommendation by staff and expressed its support of the project. Motion by Lane, seconded by Roe, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Lane, seconded by Roe, to waive further reading of the body of the resolution and adopt Resolution No. 04-4987, approving Conditional Use Permit No. 04-25. Motion carried 5-0. (4) VARIANCE NO.04-10 ADMINISTRATIVE USE PERMIT NO. 04-44 CATEGORICAL EXEMPTION APPLICANT: Ted Slaught LOCATION: 1230 Lakes Drive (Northwest corner of Glendora Avenue and Lakes Drive) Z:\PLANCOM\SUMACTS\SumActs 2004\12 14 04 sum act.doc Planning Commission Summary of Action Page 4 — December 14, 2004 REQUEST: The applicant is requesting approval of a variance to deviate from sign standards, including allowing additional signage on an existing pylon sign for Edwards Entertainment Center, and an administrative use permit to allow a projecting sign and a roof sign. The proposed expansion to the pylon sign does not comply with zoning standards. The properties are located within the "Regional Commercial' (R-C) Zone. COMMENTS: Ted Slaught, applicant, and Herb Redholtz spoke in favor of the request. Mr. Slaught informed the Commission that it was his intention to utilize a blade sign with neon lighting. In addition, he informed the Commission that it was he intention to use the sign to advertise some of the less visible businesses on Glendora Avenue. Mr. Redholtz expressed his support of the additional signage and advertising. Mimi McKenzie spoke in opposition. Ms. McKenzie expressed her preference for more subdued signage. The Commission expressed their concern that neon lighting might be intrusive to any residential uses in the area. However, it was determined that the lighting would not affect residents in the area. It was the consensus of the Commission that the additional signage would provide good advertising to new and existing businesses in the area. Motion by Warshaw, seconded by Lane, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4988, approving Variance No. 04-10. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Warshaw, seconded by Lane, to waive further reading of the body of the resolution and adopt Resolution No. 04-4989, approving Administrative Use Permit No,. 04-44, as amended. Motion carried 5-0. (5) TENTATIVE PARCEL MAP NO. 60602 VARIANCE NO. 04-06 CATEGORICAL EXEMPTION APPLICANT: Mimi McKenzie LOCATION: 226 and 234 South Monte Verde Street REQUEST: The project consists of a request for the approval of a tentative parcel map to subdivide one 39,550-square foot lot and one 34,220-square foot lot (with same property owner) into four single-family lots as follows: Parcel 1 (31,212 sq. ft.), Parcel 2 (22,581 sq. ft.), Parcel 3 (11,580 sq. ft.), and Parcel 4 (11,580 sq. ft.). The applicant is also requesting a variance (for Parcels 3 & 4) to allow a reduction in the required lot size of 20,000 square feet to 11,580 square feet. The project is located in the "Residential Agricultural" (R-A) Zone, Area District IV. Z:\PLANCOM\SUMACTS\SumActs 2004\12 14 04 sum act.doc • • • Planning Commission Summary of Action Page 5 — December 14, 2004 COMMENTS: Mimi McKenzie, applicant, and Robert Sullivan spoke in favor of the request. Ms. McKenzie testified that it was not her intention to develop the lots and that she would be saving an oak tree by placing the property line in the middle of the tree. She further stated her opposition to any street improvements on the property. In addition, she informed the Commission that it was her hope that the new lot would be purchased in conjunction with the purchase of her residential property. Royall Brown, Joanne Wilner and John Scheuplein spoke in opposition. Mr. Brown, Mrs. Wilner and Mr. Scheuplein all testified that they were opposed to the request because the proposed lots were too small and would set a precedent in the area. They also expressed their concern for the loss of a large lot, designed to support the keeping of horses in the area. In addition, they expressed their concern that the smaller lots would be inconsistent with the surrounding area. There was a discussion by the Commission regarding this request. It was the consensus of the Commission that this .property wasn't unique and therefore didn't meet the criteria for the granting of a variance. The Commission concurred that the requested variance was too great and would create small lots that would not be harmonious with the surrounding area. There was also a discussion with Ms. McKenzie regarding whether she would prefer to have the matter continued to allow her time to redesign her project. Ms. McKenzie stated that she was opposed to paying any further fees and indicated her desire to appeal the Planning Commission decision to the City Council. Motion by Lane, seconded by Warshaw, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Lane, seconded by Warshaw, to waive further reading of the body of the resolution and adopt Resolution No. 04-4990, denying Tentative Parcel Map No. •60602. Motion carried 5-0. Motion by Lane, seconded by Warshaw, to adopt findings as recommended by staff. Motion carried 5-0. Motion by Lane, seconded by Warshaw, to waive further reading of the body of the resolution and adopt Resolution No. 04-4991, denying Variance No. 04-06. Motion carried 5-0. D. NON -HEARING ITEMS (1) CONCEPTUAL REVIEW APPLICANT: Henry Melendez LOCATION: Northwest Corner of Civic Center The Planning Department is currently reviewing a General Plan amendment, zone change, parcel map, and precise plan to allow a 143,000-square foot office complex. The site is located on the northwesterly corner of the Civic Center (north of the library). Parking would be provided in a parking garage with three subterranean levels. The purpose of the review is to allow Commissioners a chance to familiarize themselves with the project. There was a presentation by Henry Melendez during which he reviewed his proposed development and various features of the proposed building. Royall Brown, Joanne Wilner, Bernie Wilner, Herb Redholtz and John Scheuplein all addressed the Commission regarding the proposed development. Various Z:\PLANCOM\SUMACTS\SumActs 2004\12 14 04 sum act.doc • • z " Planning Commission Summary of Action Page 6 — December 14, 2004 comments offered concerned the preservation and/or incorporation of as much landscaping as possible, the possible incorporation of a residential mixed use, the security of the parking structure, the types of building materials that will be used, the proposed lighting, the types of retail uses that would be included in the office building, the proposed banquet facility and restaurants. In addition, consideration was given to additional drop off points and bus stops being incorporated into the facility. Staff informed the Commission that a full review and public hearing of the proposed building would be scheduled in the near future. E. OTHER MATTERS OR ORAL COMMUNICATIONS None F. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS Roe - Proposed a tour of cities containing mixed -use zones in downtown areas. (1) CITY COUNCIL ACTION: December 7, 2004 Council Meeting -Housing Element approved. -General Plan Amendment No. 04-04, Zone Change No. 04-05 and the appeal of Precise Plan No. 03-03 (Citrus Workman Project) were approved as recommended by the Planning Commission. -Pre-annexation agreement for Nogales High School — agreement was approved. December 21, 2004 Council Meeting -Zone Change 04-04, Farmer's Market — to be considered. -Report on adoption of Historical Preservation Code Amendment was requested. (2) PLANNING DIRECTOR'S REPORT: -Selection of a new Vice Chairman at the January 11, 2005 meeting. G. ADJOURNMENT Motion by Roe, seconded by Warshaw, to adjourn the meeting at 11:00 p.m. Motion carried 5-0. Z:\PLANCOM\SUMACTS\SumActs 2004\12 14 04 sum act.doc