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HomeMy WebLinkAbout1986-09-15 402 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 15, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 15, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Recognition of International Guests Mayor Mathre noted the Commission had a group of exchange students, together with a teacher, from West Germany at this meeting. The students were introduced as Andreas Bundschuh, Gabriela Dobin, Dietmar Roth, Ralf Grosch, Monika Ebner, Martin Herbst, Christian Mitter, Thomas Dennhardt and Britta Schmidt. The teacher was introduced as Horst Gusinde. The Mayor then presented each guest with a certificate from the City. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 2, 1986, be approved as amended. 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 minutes of the regular meeting of September 8, 1986, be approved as amended. 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. I This was the time and place set for the decision on the emergency zoning along the Mi Iwaukee Railroad right-of-way, Sourdough Trai I and adjacent properties, as requested by the Bozeman City-County Planning Board. City Manager Wysocki noted that the interim zoning would be in effect for a six-month period, during which time an overlay district will be studied and considered. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion establish interim zoning along that portion of the Milwaukee Railroad right of way recently acquired by the City, the Sourdough Trail through the City and within one mile of the city limits, and adjoining properties, to require a Conditional Use Permit for any development. Commissioner Martel stated he had serious reservations about the proposed interim zoning and would vote against this decision and the following ordinance. He stated he feels that no urgency or emergency has been demonstrated or established. He noted that the erection of one fence along the linear park does not establish a need for the interim zoning. He also stated he feels the 50-foot setback is not clearly defined. He stated he feels the rules are being changed after the fact. He pointed out that the purchasers of the right of way were unaware of the proposed zoning at the time they purchased the property. He further stated that to require these property owners to go through the time and expense of requesting a Conditional Use Permit I even for the construction of a dog house or bird bath is unreasonable. He stated he feels exist- ing utility easements should adequately protect this linear park from the construction of perma- nent structures. Mayor Mathre asked if the 50-foot setback suggested in the ordinance is to be defined as 50 feet from the 15-foot trail or 50 feet from City property. Planning Director Lere stated that the 50-foot setback is meant to be 50 feet from the outside property line. 09-15-86 403 City Attorney Crumbaker-Smith stated that the 50-foot setback starts at the outside of the 15-foot trai I. Commissioner Vant Hull asked if the effect of the ordinance could be 50 feet from the centerline of the 15-foot trail. Mayor Mathre inquired as to the south boundary of the interim zoning. City Attorney Crumbaker-Smith replied that the interim zoning would only cover as far I south as Kagy Boulevard and Third Avenue, per the proposed ordinance. Commissioner Vant Hull stated she feels a sense of urgency does exist. She stated she does not want the linear park to end up with fencing along its boundaries as with a prison camp. She stated she feels the proposed zoning will benefit the community many years into the future. She further stated she feels this proposed zoning is something that most property owners can live with, but will make them stop and think about what they construct. She noted she remembers sitting in the audience of a Commission meeting some six or seven years ago when a past Commis- sion turned down park land in the southwest portion of Bozeman. She noted at the present time there is a lack of parks in the southwest portion of Bozeman and she feels this is the same kind of situation, looking into the future. She stated she feels that a compromise could be made on the 50-foot setback. Commissioner Stiff stated he intends to support this proposed zoning. He stated he had talked with the property owner who had installed the fence, and the property owner himself stated that the City should protect the linear park or it will lose its identity. Commissioner Jordan stated he cannot support the proposed zoning. He stated he feels the proposed zoning is not a result of planning but an after thought. He stated he feels this matter is being handled backwards. Commissioner Martel stated he is in favor of acquiring and maintaining areas as parks throughout the City of Bozeman; however, the City has more parks now than it can physically take care of without additional funding. He stated the proposed zoning is singling out the Milwaukee Railroad right of way and is attaching specific requirements on this linear park but I not attaching any requirements on other linear parks. He questioned why single out one park against others. He noted that only about 50 percent of the abandoned right of way was purchased by adjacent property owners, therefore, approximately one-half of the linear park will be wider than 15 feet. Mayor Mathre stated she feels the interim measure is necessary to get to something else. She stated she will therefore support the proposed zoning. She stated she feels there could have been a better way to address this matter. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that discussion on this item be ended. 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. The original motion to approve then carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan and Commissioner Martel. Ordinance No. 1217 - adopting an interim zoning ordinance for property lying within fifty feet of the Milwaukee Railroad linear park City Manager Wysocki presented Ordinance No. 1217, as prepared by the City Attorney, entitled: ORDI NANCE NO. 1217 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING AN INTERIM ZONING ORDINANCE FOR PROPERTY LYING WITHIN FIFTY FEET OF THE MILWAUKEE RAILROAD LINEAR PARK. City Manager Wysocki recommended that the Commission adopt Ordinance No. 1217, adopting an interim zoning for property lying 50 feet of the Milwaukee Railroad linear park. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commis- sion finally adopt Ordinance No. 1217, adopting interim zoning for property lying within 50 feet of the Milwaukee Railroad linear park. The motion carried by the following Aye and No vote: 09-15-86 401+ those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Jordan and Commissioner Martel. Discussion - re uest submitted b Bozeman Deaconess Hos ital for reo of old Hi hland Bou evard City Manager Wysocki presented to the Commission a letter from Gary Kenner, Adminis- trator, Bozeman Deaconess Hospital, requesting the reopening of the old Highland Boulevard I with the possibility of upgrading and black topping Ellis Street between old and new Highland Boulevard. Mr. Gary Kenner, Administrator, Bozeman Deaconess Hospital, distributed maps of the hospital area to the Commissioners. He stated that reopening of the old Highland Boulevard would only be a temporary measure until funds are available for upgrading Ellis Street. He stated that access to the back hospital parking lot is desirable in terms of time to physicians. Commissioner Stiff questioned Mr. Kenner as to what sort of time frame is anticipated for the interim measure. Mr. Kenner replied that it is difficult to state, but he anticipates it wi II be at least a year before development funds are available for upgrading Ellis Street. Commissioner Stiff questioned how the use of old Highland Boulevard can be limited to hospital staff. Mr. Kenner stated he feels that the majority of people are accustomed to using new Highland Boulevard and would continue to do so even with the reopening of the old Highland Bou leva rd. He stated there is no reason to use the old Highland Boulevard unless you are going to the parking lot located in back of the hospital. He stated the hospital's number one priority is to get physicians to the hospital as quickly as possible. Commissioner Vant Hull asked since the hospital feels this is the logical entrance, why the hospital did not develop this entrance originally. Mr. Kenner stated probably at the time of planning the area, it was felt this whole area would become a medical campus and they did not desire traffic running through it. City Manager Wysocki stated at the time that plans for the new Highland Boulevard was negotiated, replacement of park land was required as a result of putting in the new road. He I stated this requirement was partially taken care of by abandoning the old road. He stated the City is not interested in taking care of both the roads. He pointed out that the old Highland Boulevard had a problem in the winter of drifting snow. Mr. Michael Wells, representing the Bridger Nordic Ski Club, addressed the Commission and stated his opposition to the reopening of the old Highland Boulevard. He stated when plans were being formulated for the new hospital, the hospital, planners and Commissioners had worked with the recreational clubs and had assured them that recreational use of City-owned land would be maintained. He stated the trails are currently used by the ski club, the runnIng club and private individuals. He stated the hospital's request seems unreasonable after reaching the prior agreement. He requested that the Commission be consistent with their past decision and maintain the closure of the old Highland Boulevard. Commissioner Vant Hull inquired as to the status of the agreement with the recreationists. She asked if the agreement was in "black and white. II Mr. Mike Lesnik, who grooms the ski trails in the proposed area, stated he feels that the agreement regarding the recreational trails are in writing some place. He stated he is opposed to the reopening of the old Highland Boulevard as it would greatly affect the cross- country skiing in that area. He stated that Ell is Street has a good solid base and being an east-west road, it would not have the drifting problem that was prevalent with the old Highland Boulevard. Ms. Peg Hines, former member of the Recreation Board, addressed the Commission and expressed her opposition to the reopening of the old Highland Boulevard. She stated that since I the hospital gave the City easement for running and ski trails, a lot of time has been spent in maintenance of them. She stated it would not seem fair to reopen the old Highland Boulevard and take away the use of some of these trails. She noted that the old Highland Boulevard has deteriorated and is in need of repair. Ms. Joan Montagne, representing the Bridger Nordic Ski Club, addressed the Commission and stated she is opposed to the reopening of the old Highland Boulevard. She stated she feels if the old road is reopened, it will encourage more traffic. She stated she does not feel the 09-15-86 405 few extra minutes that it might save, warrants the reopening of the old road. Ms. Jennie Mitchell, representing the Big Sky Wind Drinkers Running Club, stated that their club uses the trails in this area and would like to keep the trails in the fashion as they are now. She stated she is opposed to the reopening of the old Highland Boulevard. She suggested that possibly the City and the hospital could work out the paving of Ellis Street. Mr. Andy Wells addressed the Commission as a user of the running and ski trails in the I proposed area. He stated he is opposed to the reopening of the old Highland Boulevard. Mr. Kenner again addressed the Commission and stated that if the City would improve Ellis Street, old Highland Boulevard could stay closed. He stated the hospital does not have the money now to pave Ellis Street and reopening the old Highland Boulevard would be an interim measure until it can afford to improve Ellis Street. City Manager Wysocki stated he feels the Commission should refer this matter back to staff to negotiate a compromise. Commissioner Jordan stated he feels this discussion is a waste of time. He said he has a real problem with this request. He noted that Highland Boulevard was relocated entirely at the hospital's request. He stated he does not feel that more than a minute would be saved by re- opening the old road. Commissioner Martel asked if Ellis Street is a designated City street and whether the City is liable for its maintenance. The City Manager informed him that it is a City street and the City does currently maintain it, although probably not in the most desirable fashion. Commissioner Martel stated he feels that reopening of old Highland Boulevard would add confusion. He stated he does not see how the use of old Highland Boulevard can be specified for only the use of physicians. It was moved by Commissioner Vant Hull that the Commission direct staff to look into this matter. The motion died for the lack of a second. Commissioner Stiff stated that he is not prepared to support the reopening of old Highland Boulevard at this time. I Mayor Mathre recommended the Commission request that City staff work with Mr. Kenner to look at the possibility for improving Ellis Street, at no cost to the City, as an alternative to reopening old Highland Boulevard. The Commission concurred with this recommendation. City Manager Wysocki stated he will talk to Mr. Kenner regarding the costs involved and come back to the Commission with a report. Break - 3:10 to 3:18 Mayor Mathre declared a break from 3:10 p.m. to 3:18 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1218 - Appropriation Ordinance for Fiscal Year 1986-87 City Manager Wysocki presented Appropriation Ordinance No. 1218, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY OF BOZEMAN; MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDI NG JUNE 30, 1987. City Manager Wysocki reminded the Commission that this ordinance was provisionally adopted on August 18, 1986; and the Commission conducted the public hearing on that Tentative I Appropriation Ordinance on September 2, 1986. The City Manager recommended that the Commis- sion finally adopt Ordinance No. 1218. Commissioner Martel stated that he takes exception with two items contained in the appropriation ordinance. He stated that the first item is the money budgeted for the purchase of salt. He stated he feels this money could be spent more beneficially. He stated the second item is the transfer of Valley Unit 5 ID delinquencies over to the Bozeman taxpayers. He stated he feels in light of recent developments, levying the additional mills is a little premature. He stated he realizes the City is ultimately responsible for the bond obligations but feels the City 09-15-86 405 could have bought another year by paying interest only. He stated he feels that overall it is a good budget and commended the City Manager. He stated he wi II support the budget because his vote against it would be meaningless. Commissioner Vant Hull reminded the Commission that they had received requests from the City-County Planning Board and the Library Board asking that exception be taken to the wage freeze for their respective personnel. She stated she feels the Commission owes them an answer. I Commissioner Stiff stated that he feels in order to be consistent with the total budget, there is no opportunity to help these boards with their requests. He stated that in adopting this appropriation ordinance, he feels the Commission is giving their answer. Commissioner Vant Hull stated that since these Boards submitted evidence that their personnel are underpaid, she feels the Commission should communicate with these boards and assure them that their requests will be given consideration in the future. Commissioner Stiff stated he feels that same statement about being underpaid would hold true throughout the City departments. He stated he feels the minutes should be considered an adequate answer. Commissioner Vant Hull stated that the boards in question do not have an opportunity to read the minutes. She stated she would like the Commission to direct letters to those two boards and assure them that the Commission will address their requests next year. Mayor Mathre stated that in view of the possibility of Revenue Sharing being cut, she does not feel the Commission should give the Boards assurance that their requests will be considered next year. Commissioner Stiff stated he feels the firm he has been corresponding with regarding conducting a management audit should be informed that the City cannot consider such an audit at this time. The Commission concurred with this recommendation. Mayor Mathre expressed appreciation to the staff for their time in preparing this year's budget. She stated she feels it is a conservative budget. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- I mission finally adopt Ordinance No. 1218, Appropriation Ordinance for Fiscal Year 1986-87. 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 direct the City Manager to write letters to the City-County Planning Board and the Library Board respectively acknowledging their requests for exception to the salary freeze and assuring them that their requests will be considered when financially possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Commission Resolution No. 2628 - Mill Levy Resolution for Fiscal Year 1986-87 City Manager Wysocki presented Commission Resolution No. 2628, as reviewed by the City Attorney. entitled: COMMISSION RESOLUTION NO. 2628 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1986-87. City Manager Wysocki noted that this resolution will assess property owners a total of I 129.78 mills, and will set the mill value at $23,562.00. The City Manager then recommended that the Commission adopt Resolution No. 2628. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2628 establishing the mill levy for Fiscal Year 1986-87. 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. 09-15-86 407 a portion of the aile located in Block C of Tracy's Second City Manager Wysocki presented Ordinance No. 1216, as prepared by the City Attorney, entitled: ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, VACATING AND ABANDONING A PORTION OF THE ALLEY LOCATED IN BLOCK C OF TRACY'S SECOND ADDITION TO THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki reminded the Commission that they had provisionally adopted Ordinance No. 1216 on September 2, 1986. He then recommended that the Commission finally adopt Ordinance No. 1216. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1216 vacating a portion of the alley located in Block C of Tracy's Second Addition. 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. Commissioner Vant Hull stated she feels the City should be compensated by the benefitting property owner for vacated land. Staff report - status of Valley Unit SID's City Manager Wysocki presented to the Commission a memorandum from Director of Finance Gamradt regarding the status of Valley Unit Special Improvement Districts. Finance Director Miral Gamradt stated that he realizes this is a complicated issue and will answer any questions the Commission may have. Commissioner Martel questioned why individual property owners were not billed for assessments between November 1982 and May 1985. Finance Director Gamradt replied they had not been billed because Valley Unit Corporation had guaranteed payment of those assessments. I City Attorney Crumbaker-Smith stated that the individual property owners were probably bi lied in 1982, 1983 and 1984. She stated that when the assessments were grouped together in 1985, the City did not request payment from the individual property owners because Valley Unit Corporation had agreed to pay it. I n response to a question from Commissioner Martel, Finance Di rector Gamradt explained that if a property owner purchased their lot in 1984 that they were probably required to bring all assessments on that lot current. He stated that those buying in 1984 did not go back and pay 1982 and 1983 assessments. He stated the City now considers those SI D's the responsibility of the property owners. City Attorney Crumbaker-Smith stated that there is a possibility that property purchasers were misled by the sellers regarding the SID's. Commissioner Martel questioned the refunds due to approximately 18 property owners total- ing $1,160.15. Director of Finance Gamradt stated that these refunds are not the same as the refunds made to property owners earlier this year. He noted these refunds have only recently been determined and are related to Valley Unit's default on the Settlement Agreement. Commissioner Martel also questioned the $5,737.79 outstanding amount owed by nine property owners. Director of Finance Gamradt stated that over the previous years, there has been tremendous confusion regarding the Valley Unit SID's, with some property owners paying their assessments to the County and some to the District Court. He stated that the staff cannot pinpoint the errors, but the differences were probably due to penalties and delinquencies. I He stated he feels the City should take responsibility for these errors. Commissioner Vant Hull stated she feels that since the City refunds money when an error is made, it should also collect the difference when an error is made. She stated she feels that due to the confusion regarding the Valley Unit SID's the property owners would understand and be willing to pay the difference. City Manager Wysocki stated it is impossible to bill a property owner for an outstanding amount when they have a receipt which is marked "Paid in Full." Commissioner Martel stated that after paying his SI D's on Graf's Subdivision, he had received a billing for additional money. He stated when it was explained to him why the out- 09-15-86 408 standing balance was due, he was willing to pay it. City Attorney Crumbaker-Smith stated that the additional money due on Graf's was due to a reassessment. She noted that State law provides for reassessment of an SID in some instances. Commissioner Stiff stated that although $5,700 is important, he does not feel it is material enough in the total settling of the Valley Unit problem. He stated he does not feel the Commission should dissipate the staff's efforts when dealing with hundreds of thousands of dollars. He stated he feels the property owners' paid in full receipts should be honored. I It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission accept all recommendations of the staff report except item number six on page three, and that an effort be made to collect the $5,737.79 outstanding amount owed by nine Valley Unit property owners. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Martel; those voting No being Commissioner Jordan, Commissioner Stiff and Mayor Mathre. - certif in delinquent special assessments to the Count City Manager Wysocki presented Commission Resolution No. 2627, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2627 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT IN- STALLMENTS PREVIOUSLY DUE AND PAYABLE FOR SPECIAL IMPROVEMENT DISTRICTS 621, 622, 623, 624 AND 625, AND UNPAID, DELINQUENT, AND DECLARING ALL PAYMENTS OF SUBSEQUENT SPECIAL ASSESSMENT IN- STAllMENTS FOR THE ABOVE-NAMED DELINQUENT ASSESSMENTS, ALSO DELINQUENT, PURSUANT TO SECTIONS 7-12-4182 AND 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE. Finance Director Gamradt stated the list of delinquencies for the Valley Unit SID's has not been prepared. He stated the list could not be prepared until the staff report in the I previous item had been accepted by the Commission. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission table action for one week on Resolution No. 2627, certifying delinquent special assessments to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel. Commission Resolution No. 2629 - garbage collection assessments for Fiscal Year 1987 City Manager Wysocki presented Commission Resolution No. 2629, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2629 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONAllY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Wysocki noted that the base rate for the garbage collection assessments is the same as last year's, although there are some minor adjustments in the matrix schedule. He stated although the change is minimal, he feels the Commission should be aware of the change. He stated the change was made in order to keep the percentages uniform. He stated he is not I recommending any changes in the landfill or garbage collection fees except for these minor corrections. He then recommended that the Commission provisionally adopt Commission Resolution No. 2629, establishing the garbage collection assessments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission provisionally adopt Commission Resolution No. 2629, establishing the garbage collection assess- ments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. The motion 09-15-86 ---------- L~ D 9 carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Martel and Mayor Mathre; those voting No, none. Commission Resolution No. 2630 - lighting district assessments for Fiscal Year 1987 City Manager Wysocki presented Commission Resolution No. 2630, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2630 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELEC- TRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M. C .A. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2630, establishing the lighting district assessments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. Finance Director Gamradt noted the lighting district assessment is substantially higher than in the past. He stated the reason for the large increase is that Montana Power Company is converting existing street lights to the high pressure sodium lights. Commissioner Vant Hull questioned how the Montana Power Company could raise the costs without a public hearing on the matter. She stated she felt the Commission should direct letters to Montana Power Company and the Public Service Commission regarding this increase. Mayor Mathre directed Commissioner Vant Hull to write the letters and bring the answers back to the Commission. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Resolution No. 2630, establishing the lighting district assessments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, I none. B rea k - 4: 1 5 to 4: 28 p. m . Mayor Mathre declared a break from 4:15 p.m. to 4:28 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2631 - sprinkling district assessments for Fiscal Year 1987 City Manager Wysocki presented Commission Resolution No. 2631, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2631 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2631, establishing the sprinkling district assessments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Resolution No. 2631, establishing the sprinkling district assessments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. The motion carried I 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. Commission Resolution No. 2632 - snow removal assessments for Fiscal Year 1987 City Manager Wysocki presented Commission Resolution No. 2632, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2632 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN 09-15-86 41U SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Man?ger Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2632, establishing the snow removal assessments for Fiscal Year 1987, and set the public hearing date for September 29, 1986. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission provisionally adopt Resolution No. 2632, establishing the assessments for Fiscal Year 1987 for snow removal from sidewalks, and set the public hearing date for September 29, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. SID No. 632 - water, sanitary sewer and 80,500 City Manager Wysocki presented Commission Resolution No. 2633, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2633 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 632. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2633, relevying and reassessing SID No. 632, and set the public hearing date for September 29, 1986. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission I provisionally adopt Resolution No. 2633, relevying and reassessing SID No. 632, and set the public hearing date for September 29, 1986. 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. SID No. 645 - sanitary sewer, alon City Manager Wysocki presented Commission Resolution No. 2634, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2634 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 645 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 645. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2634, relevying and reassessing SID No. 645, and set the public hearing date for September 29, 1986. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Resolution No. 2634, relevying and reassessing SID No. 645, and set the public hearing date for September 29, 1986. The motion carried by the following Aye and I No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. SID No. 646 - sanitar sewer and 59,598.10 City Manager Wysocki presented Commission Resolution No. 2635, as reviewed by the City Attorney, entitled: 09-15-86 411 COMMISSION RESOLUTION NO. 2635 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 646 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE FINAL COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 646. I City Manager Wysocki recommended that the Commission provisionally adopt Resolution No. 2635, relevying and reassessing SID No. 646, and set the public hearing date for September 29, 1986. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Resolution No. 2635, relevying and reassessing SID No. 646, and set the public hearing date for September 29, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commission~r Stiff, Commissioner Martel and Mayor Mathre; those, voting No, none. and reassessin SID No. 647 - pavin and storm City Manager Wysocki presented Commission Resolution No. 2636, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2636 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 647 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 647. City Manager Wysocki recommended that the Commission provisionally adopt Commission Resolution No. 2636, relevying and reassessing SID No. 647, and set the public hearing date I for September 29, 1986. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission provisionally adopt Resolution No. 2636, relevying and reassessing SID No. 647, and set the public hearing date for September 29, 1986. 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. Commission Resolution No. 2637 - create SID No. 652 - water, sewer, paving in a portion of Grafls Second Subdivision City Manager Wysocki presented Commission Resolution No. 2637, as prepared by the City Attorney, entitled: RESOLUTION NO. 2637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, 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 WITHIN GRAF'S SECOND SUBDIVISION. City Manager Wysocki reminded the- Commission that the public hearing on the creation of this special improvement district was held on August 11, 1986. He noted that the Commission had approved the creation of SI D No. 652, with the provision that the bonds for the SI D not be I backed by the City's SID Revolving Fund, and had directed the staff to proceed with preparing this resolution. He recommended that the Commission adopt Resolution No. 2637. Commissioner Vant Hull asked if the same administrative costs will be charged against this SI D as for others. City Attorney Crumbaker-Smith stated in the affirmative. Commissioner Martel inquired as to why there is no wording in this resolution reflecting that the SID will not be backed by the City's Revolving Fund. City Attorney Crumbaker-Smith stated that the questioned wording should be contained in the resolution for the bond sale. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Resolution No. 2637, creating Special Improvement District 652. The motion carried by 09-15-86 _ __~______ n_ _~__ 412 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. - reimbursement for costs of maintainin communit room City Manager Wysocki presented to the Commission a memorandum from the Bozeman Public Library Board of Trustees requesting that the Commission consider reimbursing the library for the costs of maintaining the community room as a city-wide public facility. I Ms. Beverly Knapp, representing the Library Board, addressed the Commission. She stated that the Library Board is always searching for funds for their book budget. She stated the request represents creative funding for their book budget by reimbursing the library for the costs of maintaining the meeting room for use by the public. She stated that when figuring the operating costs for the meeting room using the square footage, and including the staff time involved, the board came up with a cost of approximately $450.00 per month. She requested that the library be reimbursed this cost and that the funds go directly to the library book budget. She noted that maintaining the meeting room is not initially a library function. Commissioner Martel stated he finds the library's request for reimbursement for costs of maintaining the meeting room unreasonable. Commissioner Vant Hull noted that the City had moved some of its evening meetings to the library meeting room in order to conserve on energy costs at City Hall. She stated she feels the monies saved because of this action should be apportioned to the library. Mayor Mathre pointed out that Commission Resolution No. 2503 specifically states that energy savings are to be placed into the Energy CI PFund. Commissioner Stiff stated that although he appreciates the innovativeness of this request, he cannot support it. Mayor Mathre stated she feels that since the library is a part of the City and the City is paying the library's bills, she cannot justify this request. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission I deny the request by the Library Board for reimbursement costs of maintaining the Community Room as a City-wide public facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Vant Hull. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from Director of Public Service Holmes to Montana Power Company regarding a proposed transmission line. (2) A letter from Don Peoples, Chief Executive, Butte-Silver Bow, regarding activities surrounding the upcoming Montana League of Cities and Towns convention to be held in Butte. (3) A memorandum from the State Department of Commerce regarding the Montana CDBG program. (4) A memorandum from the State Department of Military Affairs regarding disaster and emergency services training programs. (5) City Manager Wysocki stated he wanted to publicly express his appreciation to City Attorney Crumbaker-Smith for her help over the past two and one-half years he has been involved with the City and the time previous to that. He thanked her for developing the basic formats necessary for conduct of City business. The Commission also expressed their gratitude for her past help and wished her well in the future. I (6) Mayor Mathre noted that October 8th is the deadline for designating a Voting Delegate to the Annual Congress of Cities to be held in San Antonio, Texas. She urged Commissioner Martel to consider attending this conference. The Mayor also noted that October 8th is also the deadline for submitting proposed amendments to the National Municipal Policy and advance separate resolutions to the Annual Congress of Cities to be held November 29 through December 3, 1986. 09-15-86 .413 Consent Items for b City Attorney from the Cit to I enon - access rom 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 voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Recess - 5:00 p.m. Mayor Mathre declared a recess at 5:00 p.m., to reconvene at 7:00 p.m., in order to conduct 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 scheduled public hearings. allow a bar I This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Lewis and Clark Family Restaurant, Inc., to allow a bar to be located in the lower level of the Lewis and Clark Motel at 804 West Main Street. City Manager Wysocki recommended that the public hearing be opened and continued until a recommendation is received from the Zoning Commission. Mayor Mathre opened the public hearing. There was no one present to speak in support of or in opposition to the proposed Condi- tional Use Permit. Mayor Mathre continued the public hearing until such time as a recommendation is sub- mitted by the Zoning Commission. of Sect ion use in the This was the time and place set for the continued public hearing on the Zone Code Amend- ment requested by the Goldenstein Brothers to change the text of Section 18.52. 140-A of the Bozeman Municipal Code by adding private air fields as a conditional use in the AS (Agricultural Suburban) District. Mayor Mathre opened the continued public hearing. Assistant Planner Dave Skelton presented the staff report. He noted that none of the designated zoning districts list private air strips as a permitted or conditional use. He also I pointed out that the Zone Code does not provide for any kind of definition for air strips. He stated that State of Montana statutes apply only to municipal, county, state or federally owned air fields. He stated that private air fields are not reviewed by the F.A.A. He pointed out that private air fields are required to file with the F.A.A. for approval of air space to operate. He informed the Commission that no visual on-site investigation is made by the F.A.A., nor is any analysis of the impacts on the surrounding area identified. Mr. Skelton stated that general- ly larger cities within the state have handled applications for private air fields through either a special permit which is approved by a process similar to the Board of Adjustment or through a 09-15-86 414 procedure similar to the Conditional Use Permit. He stated the Planning Staff feels that an application for a private air strip in the AS District can be reviewed as a Conditional Use Permit based upon the six criteria established in Chapter 18.52 of the Bozeman Area Zoning Regu- lations, paying particular attention to item two. Mr. Skelton then reviewed criteria point two which states: liThe proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity." I Assistant Planner Skelton stated that in identifying air strips, the Flight Standards Office in Helena classifies all uses into three categories: (1) public; (2) private; and (3) persona I . He stated that public uses involve municipal, county, state and federal operations for commercial use. He stated that private use is limited to private ownership and may be used by friends and associates of the owner. He noted that personal use is strictly limited to the person who has applied for use of the air field. I n order to have more control over an air field, Mr. Skelton stated that the Planning Staff recommended that private air fields be limited to personal use air fields as identified by the Flight Standards Office in Helena. He stated that the Planning Staff recommended approval of the appl ication for a Zone Code Amendment to amend Sections 18.04 and 81.52. 140 (A) of the Bozeman Municipal Code to allow personal use air fields as a conditional use in the Agricultural Suburban District and to provide a definition of personal use air field, as contained in the Zoning Commission Resolution. Mr. Skelton stated that the Zoning Commission concurred with the staff recommendation. Mr. Frank Elliott, representing the applicant, stated the reason for this Zone Code Amendment request is because he would like to construct air facilities close to his residence. He stated the air field would probably consist of only an air strip and storage for one plane. He noted the definition for a personal air field is very tight and should eliminate any concerns. He requested the Commission's support of the Zone Code Amendment. Commissioner Vant Hull asked if multiple personal air fields surrounding Bozeman might become a problem in the future. She noted that perhaps there should be a restriction on the I number of personal air fields which can be located in a specified area. Mr. Elliott stated he does not foresee enough personal air strips in the area to cause any safety problem. Mayor Mathre noted that if the proposed Zone Code Amendment is approved, each application for a personal air field would be reviewed. City Manager Wysocki asked Mr. Elliott what FAR, Part 91-79, specifically covers. Mr. Elliott stated that FAR, Part 91-79, prohibits flying anywhere below an altitude which allows an emergency landing without undue hazard to persons or property and prohibits flying below 1,000 feet over congested areas. He stated in effect Part 91-79 prohibits endangering residents and provides a means to prohibit continued use of the air strip if residential developments encroach on the flight path at some time in the future. Planning Director Lere pointed out that a conditional use can be revoked at any time the conditions are not being met. Commissioner Jordan asked if there is any way of writing into the conditional use permit that if the applicant sells the land, the conditional use will end. After counsel with the City Attorney, Planning Director Lere informed the Commission that a conditional use is granted for the land and not the appl icant, and there are no provisions to make an exception. City Manager Wysocki expressed concern that the City would find it hard to enforce that part of the rule requiring aircraft to fly at least 1,000 feet over any homes or buildings. He stated he feels such a height would be hard to attain during takeoffs and landings. He stated the time will come when either land surrounding an air field cannot be developed or the use will have to be discontinued. I Mr. Elliott stated that if development occurs within the critical zone of landing and takeoffs, the flying would simply have to stop under federal rules. Commissioner Jordan stated that the City enforcing such a regulation would be impossible. He asked with whom such a complaint would be filed. Planning Director Lere stated any complaint would be filed with Zoning. City Manager Wysocki stated that although he has concern regarding this matter, he feels the City should have some mechanism to set up criteria dealing with air fields. 09-15-86 415 Mr. Elliott stated he knows of five private air fields in the county, two near Belgrade, two near Amsterdam, and one north of Bozeman, which is grandfathered in because it was built prior to the adoption of the Zone Code. He stated one of the conditions for a conditional use permit for an air field could be written so that when takeoffs and/or landings pose any problem to development surrounding it, the air strip permit would be revoked. Mayor Mathre asked if it would be possible to attach that kind of condition to a condi- I tional use permit. Planning Director Lere stated he felt it should be. City Manager Wysocki recommended that a condition be included in a conditional use permit that if at some point in time encroachments are occurring, the permit can be revoked without protest. Commissioner Stiff asked if the concern expressed regarding adjacent property owners should be worked into the amendment. Mayor Mathre stated such concern will be addressed during the conditional use process. Commissioner Jordan stated he could see no compelling reason for this Zone Code Amendment. Commissioner Stiff noted at the present time there is no zoning which allows a private air strip. He stated he supports this Zone Code Amendment for that reason. Mayor Mathre noted that if a use is not permitted in any zoning district, it is effectively denied. There was no one present to speak in opposition to the requested Zone Code Amendment. There being no further testimony, Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, 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 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 Stiff, that the Commis- sion approve the Zone Code Amendment requested by the Goldenstein Brothers to change the text of Section 18.52. 140-A of the Bozeman Municipal Code by adding private airfields as a con- I dltional use in the AS (Agricultural Suburban) District and direct staff to prepare an ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Jordan. Continued public hearing - Zone Code Amendment - City-County Planninq Staff - amend various sections of Chapter 18 of the Bozeman MUnicipal Code to allow specific types of publiC utility !acllitles as permitted or conditional uses in specified zoning districts This was the time and place set for the continued public hearing on the Zone Code Amend- ment requested by the City-County Planning Staff to amend various sections of Chapter 18 of the Bozeman Municipal Code to allow specific types of public utility facilities as permitted or conditional uses in specified zoning districts. Mayor Mathre opened the continued public hearing. Senior Planner Marcia Elkins presented the staff report. She stated that the Planning Staff first reviewed this request in June. She stated the Planning Staff feels that the existing definition is extremely narrow. She stated there are too many land uses to include in one defi- nition. She noted that due to the wide variety of uses, the staff broke down specific uses to be allowed in various districts into three broad categories. She stated these categories are: (1) uses necessary for urban development which have limited impact; (2) uses found throughout the community because of locational requirements; and (3) substantially a catch-all category for a wide variety of uses which may not be allowed in other districts as a result of effects on I adjacent land or significant health and safety impacts. Ms. Elkins stated that the existing definition of public utility facilities would be deleted from the Zoning Code. She noted that the Zoning Commission concurred with the staff recommenda- tion. Commissioner Jordan noted that in response to an inquiry as to why production electrical facilities are allowed in the M-1 zone as well as the M-2 zone, the Planning Staff had stated that since this use is allowed only as a conditional use it would provide sufficient review. Ms. Elkins replied that the scale of such facilities can vary and the staff feels that the conditional use process can adequately address any concerns. 09-15-86 416 Commissioner Martel inquired as to what category a substation would go if Montana Power were to request one in the future. Ms. Elkins replied that substations are covered under category two. Commissioner Vant Hull noted that the City of Portland currently has a turbine in their storm drain. She questioned whether that would be allowed in Bozeman through a conditional use permit. There was no one present to speak in support of or in opposition to the requested Zone I Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission 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 Commission approve the Zone Code Amendment requested by the City-County Planning Staff to amend various sections of Chapter 18 of the Bozeman Municipal Code to allow specific types of public utility facilities as permitted or conditional uses in specified zoning districts and direct staff to prepare an ordinance. 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. Adjournment - 7:45 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, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor I ATTEST: ;fa!t~ /"WhnMt/ Acting Clerl,: of the Commission I 09-15-86