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HomeMy WebLinkAbout1987-07-06 2811 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 6, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 6, 1987, at 2: 00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished to remove any of the Consent Items from the agenda for discussion. Commissioner Martel requested that the application for a Beer and Wine License submitted by Payless Drug be removed from the Consent Items for discus- sion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of their regular meeting of June 29, 1987, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Com- missioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Open bids - seal coat street improvements; hot mix overlay; street radius changes; and furnish- ing of bituminous plant mix material This was the time and place set for opening of bids for the seal coat street improvements, hot mix overlay, street radius changes and furnishing of bituminous plant mix material. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the 1987 Street Improvements be opened at this time. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud: Schedule I Schedule II Schedule III Schedule IV Seal Coat Hot Mix Street Radius Bituminous Lump Sum Improvements OVerlay Changes Plant Mix Deduct Total Bid AA Asphalt Bozeman, Montana License No. 6893A $38,130.50 Pioneer Ready Mix Bozeman, Montana License No. 6503A $34,269.00 $31,417.50 $ 7,370.00 $16,500.00 $ 4,800.00 $ 84,756.50 Big Sky Paving Co., Inc. Bozeman, Montana License No. 4384A $42,814.84 $33,025.64 $ 5,597.00 $22,000.00 $ 1,500.00 $101,937.48 It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bids for the 1987 Street Improvements be referred to staff for review and a recommendation to be sub- mitted at next week's meeting. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Award bid - warrants for 1986 Sidewalk Program ($95,500.00) This was the time and place set to award bids for warrants for the 1986 Sidewalk Pro- I gram. City Manager Wysocki presented to the Commission a memo from Di rector of Finance Gamradt, along with a copy of the only bid received. He then concurred in the Director of Finance's recommendation that the bid for the warrants be awarded to James E. and Anne W. Banks, at the net interest cost of 6.98 percent. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bid for warrants for the 1986 Sidewalk Program be awarded to James E. and Anne W. Banks at the quoted net interest cost of 6.98 percent, it being the best bid received. The motion carried by 07-0fl-R7 2 8 ~-j the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Award bid - construction of 1986 Sidewalk Program This was the time and place set to award the bid for constfuction of the 1986 Sidewalk Program. I City Manager Wysocki reminded the Commission that these bids were opened on April 27, 1987; however, award of the bid was deferred until after the bidding process for the sale of bonds had been completed. He noted that the bid for the sale of bonds for the project was com- pleted in the above agenda item. He then concurred in the staff recommendation that the bid be awarded to Concrete Specialties, I nc., Bozeman, Montana, in the unit amounts listed. The City Manager then reminded the Commission that the total of the original bid was in the amount of $126,204.68; however, many of the property owners have installed their own sidewalks and the remainder of the sidewalks to be installed total approximately $64,000.00. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bid for construction of the 1986 Sidewalk Program be awarded to Concrete Specialties, Inc., Bozeman, Montana, in the unit amounts as bid. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Com- missioner Vant Hull and Mayor Mathre; those voting No, none. Commission Resolution No. 2661 in the I NTERCAP pro ram and approv- ing t e ommitment greement City Manager Wysocki presented Commission Resolution No. 2661, as reviewed by the City Attorney, entitled: ., COMMISSION RESOLUTION NO. 2661 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE MONTANA ECONOMIC DEVELOPMENT BOARD'S INTERCAP PROGRAM; APPROVING AND AUTHORIZING PARTICIPATION THEREIN I AND APPROVING THE COMMITMENT AGREEMENT. The City Manager reminded the Commissioners that this is the document which begins the process of funding repairs to the Swim Center through the I NTERCAP program. He then recom- mended that the Commission adopt this Resolution and authorize the appropriate persons to sign the necessary documents. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2661, authorizing participation in the INTERCAP pro- gram and approving the Commitment Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Jordan and Commissioner Martel. Advisory Counci I - Bozeman Area Chamber City Manager Wysocki submitted to the Commission a letter from Daria Joyner, Executive ", Vice President of the Bozeman Area Chamber of Commerce, along with a draft of the proposed structure for the Tourism Marketing Advisory Council. Ms. Melanie Stocks, Chairman of the Convention and Visitors' Bureau (CVB) for the Cham- ber, reviewed the proposed structure for the Tourism Marketing Advisory Council. She noted the Counci I would be comprised of five to seven members, with no more than two'representing one industry. She indicated they would serve three-year terms after the initial staggering terms I have been completed. She stated that the Convention and Visitors' Bureau will nominate the mem- bers, submitting those names to the Chamber of Commerce Board of Di rectors for approval. Ms. Stocks then stated that the Council would submit recommendations to the Chamber Board of Directors, which will ultimately make all decisions. She noted that the marketing plan would be administered by the Chamber staff at the direction and mutual agreement of the Chamber Board and the Council. Ms. Stocks stated that the Tourism Marketing Advisory Counci1 is being formed to comply with the requirements of HB84, which was passed in the last legislative session. She noted the bill requires that the local governing body recognize a non-profit tourism industry related entity _. -~_._._- 28G to administer the proceeds from a 4-percent bed tax, which must be used to promote tourism. She indicated that the Council would operate under the Chamber's non-profit status and would thus qualify under the new legislation. Ms. Melanie Stocks stated that a subcommittee of the CVB started working on this pro- posal about one and one-half years ago and has developed this proposal, as well as a marketing plan, which must be approved by the State. Commissioner Vant Hull asked how much money will be generated under this bed tax. I Ms. Daria Joyner stated they anticipate approximately $17,000.00 for this partial year, or $25,000.00 on an annual basis. She then noted that the region is an.;ticipating approximately $200,000.00 in revenues from the bed tax. Commissioner Jordan stated support for the proposal, but expressed concern about pos- sible conflict between the Chamber Board and the CVB. He questioned whether it might be better to establish the structure so that the Convention and Visitors' Bureau makes the final decisions. Ms. Stocks stated that she feels it is important to have the Chamber involved. She also noted the relationship between the Chamber Board of Di rectors and the Convention and Visitors' Bureau has been very good, acknowledging that it may change at some time in the future. Commissioner Stiff asked how much of the monies received will be used for administrative costs and how much will be actually spent on tourism promotion. Ms. Stocks stated that under the new bill, 20 percent of the monies may be used to cover administrative costs. She noted, however, that no new personnel will be hired; and adminis- trative costs should be low, including items like postage and copying costs. She also noted the marketing plan wi" be written by volunteers and wi II be administered by existing Chamber employ- ees. Commissioner Jordan asked how the monies from the bed tax are dispersed. Ms. Daria Joyner stated that local communities with tax receipts of over $35,000 are eli- gible to receive 1/2 of 1 percent of their contribution for local promotion of tourism. She noted that the Tourism Committee which has been appointed by the GovernQr at the State level ap- proves the marketing plan and budget, as well as dispersement of monies to the regions and 10- I cal entities. DarIa Joyner then requested that the Commission recognize the proposal as submitted and further recognize the Tourism Marketing Advisory Counci I as the non-profit organization which will administer the monies received. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission recognize and indicate its support for the Tourism Marketing Advisory Council to admini- ster the bed tax revenues at the local level, and authorize and direct the Mayor to send a letter of support to the State. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Ordinance No. 1237 - repealing Chapter 18.44 of the Bozeman Municipal Code and adopting the Bozeman Area Flood Plain Regulations City Manager Wysocki presented Ordinance No. 1237, as prepared by the City Attorney, entitled: ORDINANCE NO. 1237 AN ORDINANCE OF THE BOZEMAN CITY COMMISSION REPEALING THE FLOOD HAZARD DISTRICT ESTABLISHED BY ORDINANCE NO. 1097 AND AS CODIFIED IN CHAPTER 18.44 OF THE BOZEMAN MUNICIPAL CODE AND ADOPTING THE BOZEMAN AREA FLOOD PLAI N REGULATIONS I N ITS STEAD. The City Manager reminded the Commission that they had conducted the public hearing I and voted to approve this zone code amendment at its May 18, 1981 meeting. He then recom- mended that the Commission provisionally adopt Ordinance No. 1237 and .that it be brought back in two weeks for final adoption. Commissioner Martel asked if the Board of Adjustment is the body which is to consider variances, noting that the ordinance refers to the "zoning board of adjustment." He then sug- gested that the ordinance be revised to refer to the "Board of Adjustment," if that is, in fact, the body. 07-06-87 281 The Commission concurred that the ordinance should be revised to refer to the II Board of Adjustment" rather than the "zoning board of adjustment. II It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1237, as revised, repealing Chapter 18.44 of the Bozeman Municipal Code and adopting the Bozeman Area Flood Plain Regulations, and that the Ordinance be brought back in two weeks for final adoption. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Com- missioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Break - 3:00 to 3:05 p.m. Mayor Mathre declared a break from 3:00 p.m. to 3:05 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Discussion - method for designation of through streets within the city City Manager Wysocki reminded the Commission that they had begun initial discussion on the method for designation of through streets at the Commission meeting held on June 22, 1987. He noted that at the present time, all through streets must be listed in an ordinance; and the ordinance must be revised each time a through street is added or deleted. He then suggested that the ordinance, providing that the Commission designate through streets, be revised to allow a specified staff position to make those determinations. He indicated that when a through street is designated, he could then submit an II FY I" memo to the Commission. The City Manager noted this process would allow the staff to review traffic counts and warrants, thereby taking action to install necessary signs in a more timely manner than is now possible. Commissioner Vant Hull suggested that traffic counts be completed in the winter when college students are here rather than in the summer. The City Manager noted that with tourists in the area during the summer, there is about as much traffic as there is in the winter with the students; however, the traffic patterns foI- I lowed are very different. He then indicated that traffic counts should be taken in both the summer and the winter to accurately reflect traffic flows and needs. Mayor Mathre stated it appears that the designation of through streets and the installation of stop signs is an administrative matter. She noted that determinations should be based on traf- fic counts, without a lot of politics involved. The Mayor then noted that if the Commission re- ceives complaints about stop signs or through streets, it might be time to review the procedure. City Manager Wysocki noted that with four traffic counters, the City has the ability to back its findings in determining placement of stop signs and designation of through streets. Mayor Mathre asked if the change in procedure would conflict with statutory requirements or enforcement procedures. City Attorney Bruce Becker stated that If the Commission desires to make a particular act a crime, it must be done by ordinance. He noted that if a general stop sign violation is esta- blished by ordinance, placement of specific stop signs can be done administratively. The Commission concurred in the proposed change in process, allowing the staff to adminis- tratively determine the location of stop signs and the designation of through streets. The staff will submit an ordinance for revision of the process as soon as possible. Renewal of Gaming Licenses - various establishments - July 1, 1987 through June 30, 1988 City Manager Wysocki submitted to the Commission a list of 4 establishments which had submitted applications for renewal of gaming licenses, along with the required fees. The City Manager then recommended that the Commission approve renewal of gaming licenses, as listed be- I low: Bozeman Restaurant and Lounge, Inc. (Holiday Inn) 5 Baxter Lane 1 poker machine $ 100.00 Little Big Men of Montana, I nc. 621 West Mendenhall 1 poker machine 100.00 The Cannery Lounge 5 poker machines 43 West Main 1 keno/bingo machine 600.00 07-06-87 283 Valley Greens Restaurant and Lounge 302 East Kagy Blvd. 2 poker machines 200.00 TOTAL $ 1,000.00 Commissioner Vant Hull noted that several of the establishments listed on this week's and last week's agendas include restaurants as well as a gas station. She then asked if the City could adopt any additional restrictions on placement of gaming devices. I City Attorney Becker reviewed the State Statutes governing gaming devices. He noted that video draw poker machines may be placed in establishments licensed to serve alcoholic bever- ages on the premises. He then indicated that electronic keno machin~s may be placed in any esta- blishment which is authorized to sell alcoholic beverages as well as any establishment licensed to sell consumer goods. The City Attorney then stated that a recent Attorney General's opinion addressing licensing of bingo indicates that local government regulations may not be any more restrictive than the State Statute. . Mayor Mathre noted that a legislative change in the licensing of electronic keno machines to correspond with that established for video draw poker machines might address local concerns. She then indicated that she would draft a letter to local legislators and bring it back to the Com- mission for review. The Commission concurred that the Mayor should write the letter, sending it to all local legislators. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the CommIs- sion approve the renewal of gaming licenses for the various establishments as set forth for the period July 1,1987, through June 30,1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Com- missioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - thanking County Commission for last year's contribution to the library and request- Ing additional montes Tor Fiscal Year 1988 City Manager Wysocki stated that Commissioner Vant Hull had .,requested this item be I placed on the agenda. Commissioner Vant Hull reminded the Commission that she is currently serving on the Gallatin County Library Study Commission. She then stated that most of the other libraries in the county have submitted funding requests to the County Commission and suggested that the City of Bozeman submit a request as well, noting that about 85 percent of the books circulated in the county are through the Bozeman Public Library. The Commissioner suggested that, in addition to a written request, it might be helpful to have City Manager Wysocki and Com- missioner Stiff attend a County Commission meeting to discuss the matter. Commissioner Stiff noted that last year a formula was established for disbursement of monies and suggested the City should encourage them to use that formula again unless it can be improved. City Manager Wysocki suggested that the Commission send a letter, submitting a request for funding as well as indicating that he and Commissioner Stiff would be willing to discuss the matter with the County if they so desire. Commissioner Martel suggested that the Library Board of Trustees should possibly ap- proach the County Commission also, since they are an autonomous board. Mayor Mathre requested that Commissioner Vant Hull draft a letter to the County Commis- sion for review. '-' Discussion - setting of goals for Fiscal Year 1987-88 City Manager Wysocki indicated that not all of the ballots have been returned for compila- I tion and requested that this item be placed on next week's agenda. Appointment to the Parking Commission City Manager Wysocki stated that no applications have been received for the one vacancy on the Parking Commission and suggested that action be deferred until applications have been received. The Commission directed the Clerk of the Commission to readvertise this vacancy. 07-06-87 289 Appointments to the Historic Preservation Advisory Commission City Manager Wysocki submitted to the Commission a memo from~ the Clerk of the Commis- sion indicating which positions are open and listing the applicants that would be qualified for the specific openings. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion appoint Mikel N. Kallestad to replace Bob Meeker as a professional member on the Historic I Preservation Advisory Commission with a two-year term to expire on July 1, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commi<ssioner Stiff, Com- missioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission reappoint Patricia Ecton as the South Willson District representative on the Historic Pre- servation Advisory Commission with a two-year term to expire on July 1, 1989. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Martel, Com- missioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission appoint Timothy C. Owen to replace Don McLaughlin as the Cooper Park District repre- sentative on the Historic Preservation Advisory Commission with a term to expire on July 1, 1988. The motion carried by the following Aye and No vote: those vo,ting Aye being Com- missioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion appoint John Haynes to replace James Devitt as an at-large member on the Historic Pre- servation Advisory Commission with a two-year term to expire on July 1, 1989. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Com- missioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, I none. The Commission directed the Clerk of the Commission to publish the Beall Park District position, listing the boundaries of that district. Avenue between Main Street and Mendenhall Street - 8: 30 to eatres City Manager Wysocki presented to the Commission a letter from Theatre Operators, I nc. , requesting closure of North Tracy Avenue between Main Street and Mendenhall on Thursday, July 23,1987, between the hours of 8:30 p.m. and 11:30 p.m. He noted that Tal Theatres, in conjunction with the Downtown Bozeman Association, plans to hold a street dance in conjunction with a special showing of the new film "La Bamba." The City Manager indicated he has dis- cussed this request with the Police Department and recommended approval, subject to their pro- viding barricades and two uniformed police officers. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion approve the request submitted by Theatre Operators, I nc., for closure of North Tracy Avenue between Main Street and Mendenhall Street on Thursday, July 23, between 8:30 p.m. and 11 :30 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Application for Beer and Wine License - Payless Drug dba Wonder World, Main Mall - Calendar I Year 1987 City Manager Wysocki stated that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Martel noted that the State license attached to this application expired on June 30, 1987, and questioned whether the City should approve this application until a current State I icense has been attached. The City Manager stated that the State license is issued on a fiscal year while the City license is issued on a calendar year. He then noted that the State dges not issue new licenses until after the previous ones have expired. The City Manager then recommended that the Com- 07-06-87 280 mission approve this application. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission approve the application for Beer and Wine License submitted by Payless Drug, doing busi- ness as Wonder World, for Calendar Year 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Discussion - FYI items I City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The water use report for the week ending July 2, 1987. (2) A letter from the Forest Service regarding the management review of the Bozeman Creek watershed to be held on Thursday, July 23. (3 ) The City Manager indicated that he will be talking to a reporter from the Chronicle tomorrow about the status of negotiations; and an article will probably appear in the Wednesday or Thursday edition of the newspaper. (4) Commissioner Jordan stated that at the Hyalite Reservoir viewing on Tuesday even- ing, it was noted that no snowfall is left in the drainage and the water is now down two feet. (5) Commissioner Stiff related a personal experience which would have been addressed by the proposed code of ethics. He noted that the action stems from many years ago when he had his private practice and has nothing to do with actions taken while representing the City; however, it could be misconstrued. He stated that such items are why he has expressed con- cern about the proposed pol icy . (6) Mayor Mathre reminded the Commission of the I nteragency Breakfast to be held on Wednesday at 7:00 a.m. at the GranTree Inn. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II I Authorize use of annual leave - Clerk of the Commission Sullivan - July 17 and 20, 1987; appoint Kathleen Norman as Acting Clerk of the Commission Building Inspection Division report for June 1987 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Recess - 4:22 p.m. Mayor Mathre declared a recess at 4:22 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the sched- uled public hearings. Public hearing - Commission Resolution No. 2657 - intent to re-create SI D No. 652 - water, sewer and paving - Graf's Second Subdivision This was the time and place set for the public hearing on Commission Resolution No. 2657 entitled: I COMMISSION RESOLUTION NO. 2657 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RE-CREATE SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTAL- LATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITH IN GRAF'S SECOND SUBDIVISION. 07-06-87 281 Mayor Mathre opened the public hearing. City Manager Wysocki noted this Resolution states the City's' intent to re-create Special Improvement District No. 652, which provides for installation of water, sewer, and streets in Graf's Second Subdivision. This subdivision is located north of Kagy Boulevard, "east of South Church Avenue and west of Highland Boulevard. He noted the SID was originally created with- out backing of the SID Revolving Fund, and those bonds were determined to be not marketable. I He stated that the City's SI D policy has been revised since original creation of this SID; and this new request complies with that policy. The City Manager indicated that recent legislative changes in the redemption period pro- vide more protection for the City and the taxpayers. Also, the newly-revised policy requires that an escrow account in the amount of 10 percent of the principal and interest payments must be established, thus further reducing risks to the City and the taxpayers. City Manager Wysocki stated that letters of support for the re-creation of SID No. 652 have been received from Peter and Judith Townes, 102 Silverwood Drive; Bill and Pat Peters; and Dennis and Michelle Cattin, 1408 South Montana Avenue. Dr. Ken Spain asked if all of the owners will become a conglomerate under this new SI D pol icy. The City Manager indicated that the owners will remain individuals, being responsible only for their share of the project. He noted that if one person becomes delinquent, his prop- erty will become subject to the redemption procedure, but that process will have no effect on any other property owner within the district. He further indicated that the required escrow account will be used for payment of delinquent assessments only for those who participate, in an amount not to exceed their fair share. Dr. Spain stated that with those safeguards to the individual owners, he supports the re-creation of this Special Improvement District. Commissioner Vant Hull noted that in a letter dated July 29, 1986, Dr. Spain had indi- cated opposition to the preliminary design for the SI D and asked if he still objects. I Dr. Spain stated that he understands the final design must be approved by the City Engineer; and he has no problems with the final design if it is approved by the City Engineer. Commissioner Vant Hull asked if any of the property owners involved in this requested SID are delinquent on any other special assessments or property taxes. The City Manager indicated that the staff has not yet checked. He then reminded the Commission that one of the items contained in the special improvement district policy is that no property owner within a proposed district may have delinquent assessments. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Vant HuH. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion authorize and direct the staff to proceed with the necessary steps for the re-creation of Special Improvement District No. 652. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. I This was the time and place set for the public hearing on the Zone Map Change requested by Albert Harting, John D. Goering, Carl H. Gotland, Joseph W. Biggs and Catherine A. Gnehm to change the present zoning of M-l, Commercial--Light Manufacturing, to R-3, Residential-- Medium-Density, on Lots 6 through 20, Block 50, Northern Pacific Addition to the City of Bozeman. The subject properties are more commonly located at 403 North Broadway Avenue, 407 North Broadway Avenue, 411 North Broadway Avenue, 809 East Fridley Street and 414 North Plum Avenue. Mayor Mathre opened the public hearing. r 07-06-87 292 Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff Re- port. She noted the subject properties total 1.29 acres. She then reminded the Commission that in April 1987 they had approved a Master Plan Amendment to change the land use designation from Light I ndustrlal to Medium Density Residential; and this requested Zone Map Change will bring the zoning into compliance with that recent change. She reminded the Commission that the City-County Planning Board had also directed the staff to review two adjacent blocks to deter- mine whether their land use designations should also be changed. The Planner noted that the I housing in this area has been upgraded and remodeled in recent years; and this change in zon- ing would assure that the characteristics of these properties are protected. Long Range Planning and Subdivision Administrator Elkins stated that the Zoning Commis- sion conducted its public hearing on this Zone Map Change and concurred in the staff's recom- mendation for approval. Mr. Albert Harting, one of the applicants, stated that the current M-l zoning is not in accordance with the prevai ling land use. He noted that all of the properties involved have been developed as residential, which is currently a non-conforming use. Mr. Harting noted this sit- uation has required that any additions to the homes must go through the variance process; and it has created problems in financing or refinancing of the homes. He noted that the applicants simply want to correct their situations, not affect any of the industrial uses around them. Mr. Scott Ellis, 411 North Broadway Avenue, voiced support for the requested Zone Map Change, noting that the people in that area are upgrading and taking good care of their homes. Mr. John Goering, 809 East Fridley Street, one of the applicants, stated support for the requested Zone Map Change. Mr. Craig "Zac" Zakovi submitted to the Commission a letter of opposition to the proposed Zone Map Change, which had been signed by five persons owning property in adjacent blocks. He noted that he owns a commercial enterprise in one of the adjacent blocks and does not want any zone changes which could affect his property. Commissioner Vant Hull asked if action on this request would have any influence on fu- ture actions. I Planner Elkins stated that the characteristics of the existing land uses are the overriding factor in determining the land use designation and zoning. Commissioner Martel questioned the advisability of changing the zoning for only a portion of a block. The Planner indicated that a buffer between residential and industrial uses should be estab- lished whenever possible. She noted that alleys are generally a good buffer, if the pattern of development allows it. , Commissioner Stiff asked if any zoning changes would affect Mr. Zakovi IS industrial use. Planner Elkins stated that if the zoning is changed from industrial to residential in ad- jacent blocks, any industrial use would become a grandfathered non-conforming use. She noted those non-conforming uses could not be expanded; and the grandfathered status would be lost if the industrial use were to cease for a period of ninety days. Mr. Zakovi stated that he has secured additional parking spaces so that he can expand on the existing site. He noted, however, that with the current economic situation, he has stopped his cabinet making business and devoted time to his artistic endeavors. He stated that when the economy allows, he would like to expand his facility and begin his carpentry once again in that location. Mr. Zakovi then expressed concern that the Planning Board's direction to the staff will create problems for him if the land use designation is changed. Commissioner Jordan stated support for the Zone Map Change currently before the Com- mission. He noted, however, that he feels the interests of the adjacent industrial property owners should be protected so that they do not incur problems through future rezonings in the I area. Mayor Mathre closed the publ ic hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan. Commissioner Jordan stated that he has many questions about this Zone Map Change which he wishes to consider during the upcoming week. 07-06-87 283 Commissioner Vant Hull indicated interest in reconsidering the motion, since one of the Commissioners does have reservations about voting on the issue this week. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission reconsider the previous motion to waive the customary one-week waiting period. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting I No, none. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Michael Rodrique - allow a five-unit light industrial/ commercial development in two buildings - Lots 25A and 25u ot the Amended Plat of Lot 25, lJordon Mandevi lie ::>tate School Section SubdivISion (Gritfrn LJrlve and Lea Avenue) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Michael Rodrique to allow a five-unit light industrial/commercial development in two buildings located on Lots 25A and 25D of the Amended Plat of Lot 25, Gordon Mandeville State School Section Subdivision. This site is more commonly known as being located at the inter- section of Griffin Drive and Lea Avenue. Mayor Mathre opened the public hearing. Assistant Planner Bill Murdock presented the Staff Report. He stated the applicant wishes to construct two buildings, containing five units, for commercial uses. The Assistant Planner stated that the M-2- T zoning designation on this property requires that the conditional use process be followed. He noted that under the "T" designation on the subject site, extensive buffering must be provided, signage must be attractive and appropriate, and water and sewer services must be addressed. The Assistant Planner stated that the applicant has provided a de- tailed landscape plan which meets the requirements of the zone, signage complies with the require- ments for the district, and the applicant plans to tie to the City's water and sewer services. Assistant Planner Murdock stated that after conducting its public hearing, the Zoning Com- I mission concurred in the staff's recommendation' for approval, subject to twelve conditions. Mr. Mike Rodrique, applicant, indicated he is willing to accept all of the conditions recom- mended by the planning staff and the Zoning Commission except Condition No.6. He stated that he has no problem with signing a waiver for Lea Avenue; however, he does not feel that he should be required to sign a waiver for Griffin Drive since it has been designated as an arterial and the costs would be proportionately higher. Mr. Rodrique noted that no other developer on Lea Avenue had been required to sign such a waiver. Assistant Planner Murdock stated that about one-third of the lots along Lea Avenue are currently undeveloped. He noted that, although this is the first lot for which a waiver is being required, all remaining developments will also be required to enter into such waivers. He then indicated that the waiver is for one-half a local street standard on Griffin Drive, not for an ar- terial standard. Commissioner Stiff noted that signing of the waiver does not c,euse him to pay any more than those within the distr:ict who have not signed a waiver; and the Assistant Planner con- curred. Mr. Rodrique expressed concern that the example of the document he would be signing, which he had received from the planning staff, stipulates up to one-half of the cost of improve- ments to the roadway. Long Range Planning and Subdivision A'tjministrator Marcia Elkins stated that when ar- terials are involved, the issue is addressed in the agreement. She noted that items such as "proportionate share" are addressed in that agreement so there is no question when the improve- I ments are installed. City Manager Wysocki suggested that Condition No. 6 be revised to read, "The applicant shall submit (1) a waiver of protest to participate in his proportionate share of SID's for Griffin Drive and (2) a waiver of protest for the creation of SI D's for one-half a local street standard, including paving, curb and gutter, sidewalks and storm drainage, for Lea Avenue prior to final site plan approval." Planner Elkins indicated the staff would accept the revised wording; and Mr. Rodrique indicated he would also be willing to accept the revised condition. No one was present to speak in opposition to the requested Conditional Use Permit. 07-06-87 291r Mayor Mathre closed the public hearing. Commissioner Stiff expressed concern that the proposed revision to Condition No. 6 could establish a precedent. Planner Elkins stated that the revised condition simply reflects the manner in which waivers of protest for the creation of SID's have been handled with other developers in the past. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- I sion waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion approve the Conditional Use Permit requested by Michael Rodrique to allow a two-building, five-unit light industrial/commercial development in two buildings on Lots 25A and 25D of the Amended Plat of Lot 25, Gordon Mandeville State School Section Subdivision, subject to the fol- lowing conditions: 1. Landscaping berming within the sight triangle at the Griffin Drive - Lea Avenue intersection shall not exceed two and one-half feet above the center- line grade of the intersection of these two streets. 2. The subject property shall be limited to one project identification sign, constructed according to the sign detail submitted. The two specific signs for each unit shall also conform to the submitted plan detail. Each sign shall be limited to information relating to the subinesses on the premises. No flashing, revolving or moving signs shall be permitted. 3. The building setback from Griffin Drive shall be twenty-five feet, in ac- cordance with designated arterial setback requirements. 4. The final site plan shall show easements, snow removal storage area, service facilities and fire exits subject to City Engineer, Water Superintendent and Fire Marshal review and approval. 5. The final site surface drainage and grading plans shall be reviewed and ap- proved by the City Engineer prior to final site plan approval. I 6. The applicant shall submit (1) a waiver of protest to participate in his pro- portionate share of SID's for Griffin Drive and (2) a waiver of protest for the creation of SI D's for one-half a local street standard, including paving, curb and gutter, sidewalks and storm drainage, for Lea Avenue prior to final site plan approval. 7. Final covenants and articles of incorporation shall be reviewed and approved by the Planning Office prior to final approval. . 8. The developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. 9. All landscaping, parking and other required improvements shall be con- structed in conformance with the final site plan. 10. All on-site improvements (i.e., paving, landscaping, etc.) shall be com- pleted within 18 months of the conditional use permit. 11. Three copies of the final site plan containing all the conditions, cor- rections 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 the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Bui Iding I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. I 12. The conditional use permit shall be valid for a period of only 18 months. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the grant- ing of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required con- ditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. 07-06-87 285 Break - 8:41 to 8:48 p.m. Mayor Mathre declared a break from 8:41 p.m. to 8:48 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Public hearin - Conditional Use Permit - Inn - allow beer and wine to be served as I an accessory use to t e restaurant - treet This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Mystic Lake Inn to allow beer and wine to be served as an accessory use to the rest- aurant located on Lots 3 and 4 of Guys Addition. The site is more commonly located at 326 East Babcock Street. Mayor Mathre opened the public hearing. Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff Re- port. She indicated that on November 26, 1982, the parking and landscaping plan for the rest- aurant was approved; and in November 1985 an occupancy permit was issued with the under- standing that all required improvements had been installed. She noted that in May 1987, the plan- ning staff became aware that the restaurant had opened for business; and a review of the site indicated that a number of the required improvements had not yet been installed. Planner Elkins stated that the Zoning Commission conducted its public hearing on this Con- ditional Use Permit application, after which it recommended approval subject to five conditions. She noted that she received a memo from City Engineer Forbes today addressing Condition No. 3. She stated the memo indicates that a review of the files indicates that the installation of a skimmer is addressed by the Soil Conservation Service as a part of the 310 permit review. She noted that the review does not reveal whether the skimmer unit is a recommendation or a require- mentof the 310 permit; and the City Engineer has indicated that question should be answered before a decision is to be made on whether it must be installed. He further indicated that if the SCS has no problem, he would be willing to support installation of that device at the time the I parking lot Is redone. Mr. David Penwell, attorney for the applicant, stated that the applicant has pu rchased the residence located at the southwest corner of the intersection of South Rouse Avenue and East Babcock Street and has leased the commercial structure which formerly housed Harrison Tire. He noted that Mr. Yaney, owner of the restaurant, has operated a restaurant in Los Angeles for many years and plans to make this facility one that will complement the community. Mr. Penwell stated that the applicant wishes to serve beer and wine in his restaurant, with no intention of that becoming the primary function of the facility. Mr. Penwell then stated it is his understanding that all conditions except Condition No. 2 have been met. He noted that the applicant had considered the possibility of seeking a variance to the parking lot landscape requirements before the Board of Adjustment; however, he has now decided to remove three parking spaces and comply with the zoning regulations. Mr. Dave Penwell then stated that the only remaining issue at this time is whether a skim- mer device will be required for the parking lot. He noted that installation of the skimmer device at the entrance to the parking lot would be difficult if not impossible because it would be located immediately above the cement flume for the creek. Mr. Penwell then stated that the improve- ments agreement entered into in 1982 indicates the skimmer device is recommended, but it does not require that one be installed. He indicated that the applicant is not opposed to install ing some kind of skimmer device somewhere within the parking lot at the time the lot is improved. The attorney then requested that the Commission approve this Conditional Use Permit. Commissioner Jordan stated he feels it is important to have a skimmer unit installed to I avoid dumping oil or gas from the parking lot into the stream. Planner Elkins concurred. She noted that under the 310 permit, the applicant has addres- sed the bank stabilization but not the parking lot improvements. She noted that grade changes and other significant improvements need to be made in the parking lot; and the City Engineer has indicated a skimmer device could be 'installed at the time those improvements are made unless the SCS indicates it is a requirement of the 310 permit which was issued in 1982. Commissioner Vant Hull asked how much the seating capacity would be decreased by re- moval of three parking spaces. 07-06-87 ----- -.----- 29G Planner Elkins indicated that the capacity would be reduced by 7.5 seats, thus dropping it from 95 people to 88 people. Mr. Dan McGuire, 307 East Olive Street, indicated that his property is located immediately south of the subject site. He stated support for the requested Conditional Use Permit, noting that the Mystic Lake I nn has been a quiet and cooperative neighbor. Ms. Connie Mutton, employee of Mystic Lake Inn, stated support for the requested Con- ditional Use Permit, noting that they want to create a nice dining-atmosphere. I Mr. Ralph Yaney, owner of the Mystic Lake Inn, noted that the restaurant has many old pictures of Bozeman. He further noted that they have classical music and will have some theatre groups performing at various times. Mr. Yaney indicated it is his desire to create a nice dining atmosphere that everyone will enjoy. Commissioner Jordan noted that his only concern is that the facility could change from a dining facility serving beer and wine to a bar with dancing, citing the problems which have sur- rounded the Sundance Saloon. Planner Elkins stated that under the Conditional Use Permit, the sale of beer and wine is an accessory use to the restaurant; and if the facility stops being a restaurant, it will become subject to another permit. Mayor Mathre closed the public hearing. Commissioner Vant Hull asked if the Commission should wait for a response from the SCS on the skimmer device before making a decision. The City Manager suggested that the Commission make its decision, contingent upon ap- proval by the Soi I Conservation Service. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the Conditional Use Permit requested by Mystic Lake Inn, 326 East Babcock I Street, to allow beer and wine to be served as an accessory use to the restaurant, subject to the following conditions: 1. That the building capacity be limited to 88 people. 2. That all parking lot improvements as approved in the original land- scaping-parking plan and site improvements statement be installed prior to the issuance of a conditional use permit for the selling of beer and wine. 3. That the applicant provide documentation from the Soil Conservation Service that the site has been improved in compliance with the requirements of the 310 permit. -, 4. That the applicant process and receive approval for a variance required be- fore the Board of Adjustment to eliminate the requirement for 6 percent of the interior parking lot to be landscaped, or achieve a solution in another man- ner. 5. That three copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those vot- ing No, none. - I - This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Kristine Holley for Kristen Tell and Karen McCoy to allow an alternative home school on Lot 4, Block 4, Kirk's Second Addition. This site is more commonly known as 314 North 16th Avenue. ~ Mayor Mathre opened the public hearing. 07-06-87 297 . Assistant Planner Bill Murdock presented the Staff Report. He stated that the proposed Conditional Use Permit would allow an alternative home school for up to twelve children ages 7, 8 and 9 in the existing single-family residence. The Assista.nt Planner indicated that two off- street parking spaces are required for the residence as well as two spaces for the school. He noted that two spaces are provided in the garage; and the applicant can possibly put one off- street parking in the rear yard or receive permission to use one or two parking spaces in the I church parking lot immediately across the alley from the subject site. Assistant Planner Murdock stated that following its public hearing on the matter, the Zoning Commission concurred in the staff's recommendation for approval, subject to nine condi- tions. Mrs. Kristine Holley, applicant, 530 North Rouse Avenue, stated she is in the process of purchasing the subject house, noting that tomorrow is the last day of the sixty-day lock on FHA financing. She noted that the State of Montana requires that the school be registered with the County Superintendent of Schools and her attendance records must be submitted to that office. She indicated that no more than twelve students would be attending the school; and she does not anticipate any major impacts on the neighborhood. Mrs. Holley then submitted to the Commission a letter from the pastor of the Kirkwood Baptist Church giving consent for her to use one parking space on their parking lot between the hours of 8:15 a.m. and 4:00 p.m. Monday through Friday. She noted that if she receives per- mission to use a second parking space in that parking lot, she will not install one in her back yard. Mrs. Holley stated that the existing house will be a home first and a school second, not- ing that one of the living room areas will be used as the classroom. She indicated that school will be held from 8: 30 a. m. to 3: 30 p. m.; however, she expects carpooling and possibly some children walking, so traffic impacts should be minimal. Mrs. Kristine Holley then submitted to the Commission a letter of support from Karen H. and Jene R. Eikelberg, 320 North 16th Avenue. I Mr. Frank Calvin, 302 North 16th Avenue, stated that at the Zoning Commission he spoke in opposition. He noted that the applicant has answered most of the concerns expressed at that meeting. He then indicated that he feels the driveway is too narrow and should be widened. Mayor Mathre noted this concern is addressed in the recommended conditions. Commissioner Vant Hull noted that Mr. Calvin had called her; and a review of the site shows that the parking lot is about 80 feet from the rear gate of the subject property. She then indicated this area is currently in dirt and asked if sidewalks are to be required. Planner Elkins stated that the site plans for the church show that the area between the ..., church and the alley is to be in lawn. Commissioner Vant Hull stated she has received a letter of opposition from Mr. Gene Hockett, 322 North 16th Avenue, which she will submit for the official record. Mr. Fred Bell, Cook-Bell Realty, reminded the Commission that this type of school is al- lowed as a conditional use in a residential zone. Mayor Mathre asked Mrs. Holley if she is willing to accept the conditions recommended by "- the Zoning Commission; and she indicated that she is. Commissioner Jordan asked if use of city parks by the school could create an additional liability for the City. City Manager Wysocki stated that any school, private or public, or any day care center may use city parks. He then indicated that he does not feel that such use creates any addi- tional liability to the City. , Mayor Mathre closed the public hearing. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commiss!oner Martel, that the Com- mission approve the Conditional Use Permit requested by Kristine Holley for Kristen Tell and Karen McCoy to allow an alternative home school on Lot 4, Block 4, Kirk's Second Addition, sub- ject to the conditions recommended by the Zoning Commission as follows. 07-06-87 29G 1. Additional information will be included on the final site plan for the review and approval of the Planning Director, including identificatiQn of snow storage areas, any lighting specifications, drainage patterns, additional landscape protection devices and accurate property boundaries. 2. Arrangements shall be made for four off-street parking spaces which shall be identified on the final site plan in accordance with the provisions of Chapter 18.62, and a minimum twenty-two (22) foot wide driveway shall be provided. The applicant shall obtain all appropriate approvals for the driveway. 3. The structure will be brought into compliance with all, appropriate Uniform I Fire Code and Uniform Building Code requirements for Group E, Division 2, occupancy prior to the occupancy of the structure as a school. 4. All parking, signs and other improvements shall be constructed in confor- mance with the final site plan. 5. Student loading and unloading shall not take place before 8:00 a.m., between 11:00 a.m. and 1:00 p.m., and between 4:30 p.m. and 6:00 p.m. 6. Maximum enrollment shall be 12 students. Additional student enrollment shall be subject to the conditional use permit process. 7. The applicant shall enter into an improvements agreement with the City of Bozeman. If school occupancy of the structure is to occur prior to instal- lation of the improvements, it must be secured by a method of security equal to one and one-half (If) times the amount of the cost of the scheduled im- provements and their installation. Detai led cost estimates, construction plans and methods of security shall be made part of that agreemeot. 8. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for re- view and approved by the Planning Director within six months of the date of the City Commission approval and prior to issuance of a building permit for the project. One signed copy shall be retained by the Planning Director; one signed copy shall be retained by the Building Inspection Division; and one signed copy shall be retained by the applicant. 9. All on-site improvements (i.e., paving, landscaping, 'etc.) shall be completed within 18 months of approval of the conditional use permit. The conditional use permit shall be valid for a period of only 18 months following approval of I the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Alye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Public hearing - amendments to the Bozeman Area Subdivision Regulations - amending various sections to comply with legislative cnanges - City-County PlannIng Staff . This was the time and place set for the public hearing on the amendments to the Bozeman Area Subdivision Regulations amending various sections to comply with legislative changes, as requested by the City-County Planning Staff. Mayor Mathre opened the public hearing. Assistant Planner Bill Murdock presented the Staff Report. He noted that these amend- ments bring the Bozeman Area Subdivision Regulations into compliance with the State Statutes. He stated that the changes include deletion of references to the year of the Montana Code Anno- tated, deletion of reference to an Examining Land Survey and deletion of reference to a County Engineer. He further noted changes to the procedures for minor preliminary plat approval and deletion of the twenty-acre exemption review to comply with legislative changes. The Assistant Planner stated that, following its public hearing, the City-County Planning Board recommended approval of these amendments. I No one was present to speak in opposition to the proposed amendments to the Bozeman Area Subdivision Regulations. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. 07-06-87 299 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the amendments to the Bozeman Area Subdivision Regulations amending var- ious sections to comply with legislative changes. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I - This was the time and place set for the public hearing on the Master Plan Amendments requested by Delaney and Company to change land use designations from research technology to general highway commercial, high-density residential to general highway commercial, high-density residential to medium-density residential, neighborhood commercial to medium-density residential, medium-density residential to general highway commercial and neighborhood commercial to low- density residential on property located in the south one-half of the southwest quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and the east one-half of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana. The areas under consideration are more generally described as being located south of Durston Road, east of Ferguson Road, north of U. S. Highway 191, and west of Fowler Road extended. Mayor Mathre opened and continued the public hearing per the applicant's request. Adjournment - 10: 03 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, I Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 07-06-87