HomeMy WebLinkAboutOrdinance 2019 DRAFT 4-10-19Page 1 of 18
ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING MULTIPLE SECTIONS OF CHAPTER 38 OF THE BOZEMAN
MUNICIPAL CODE TO REVISE AND IMPROVE TEXT CLARITY AND FUNCTION.
MORE SPECIFICALLY, REVISING TABLE 38.310.040.A TO ALLOW SALES OF
ALCOHOL FOR ON-PREMISES CONSUMPTION WITH A SPECIAL USE PERMIT IN
B-2M; REVISING SECTION 38.510.010, BLOCK FRONTAGE STANDARDS
INTRODUCTION; ADDING SECTION 38.510.020.F (FORMERLY SECTION
38.510.030.K) ADDRESSING MULTIPLE FRONTAGE SITUATIONS; REVISING
TABLE 38.510.030.B TO CLARIFY MINIMUM DEPTH FOR COMMERCIAL SPACE;
REVISING TABLE 38.510.030.C BUILDING PLACEMENT FOR CLARITY; DELETING
SECTION 38.510.030.K: REVISING 38.520.060 USABLE COMMERCIAL OPEN SPACE
STANDARDS, AND REVISING TABLE 38.320.030.B, MINIMUM LOT WIDTH .
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to promote public health, safety and welfare and otherwise execute the purposes of
Section 76-1-102, MCA and the City Charter; and
WHEREAS, The City has had land development regulations since at least 1934 and has
amended them from time to time to respond to changes in state law, legal decisions, and changing
community needs; and
WHEREAS, The City is authorized by Section 4.04 of the City Charter and Montana law
to adopt zoning, subdivision, and other land use regulations and provide for the enforcement and
administration of such regulations and otherwise reasonably provide for the orderly development
of the community; and
WHEREAS, The City strives to improve zoning code to implement the Growth Policy;
and
Ordinance No. 2019
Page 2 of 18
WHEREAS, the Bozeman Zoning Commission held a noticed public hearing on ______
___, 2019. The Bozeman Zoning Commission voted ______ to recommended adoption of
proposed amendments included in this Ordinance; and
WHEREAS, the Bozeman City Commission incorporates findings presented by the
Department of Community Development in its written staff report and all oral findings made
during the public hearing on ______, 2019 into this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That table 38.310.040.A, Permitted general sales in commercial, mixed-use, and industrial
districts, Bozeman Municipal Code be amended as follows:
Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in
that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the use is
subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
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B-
1 1
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2 BP M-
1
M-
2
General sales
Automobile, boat or
recreational vehicle sales,
service and/or rental
— — — — — — P — P P —
Automobile fuel sales or
repair (38.360.070)* S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P
4 P 4 P
4 P 4 P 4,5 A 6 C 7 A
6
A 6
C 7
A 6
C 7 —
• 5,001-24,999sf GFA — P
4 P 4 P
4 P 4 P 4,5 A 6 C 7 A
6
A 6
C 7
A 6
C 7 —
• 25,000sf-39,999sf
GFA — P
4 P 4 P
4 P 4 — A 6 C 7 A
6
A 6
C 7
A 6
C 7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P
4 P 4 — S — — — — — —
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Sales of alcohol for on-
premises consumption
(38.360.060)
S 8 S
8
C S
8
S
8 S 8,9 S 8,9 S 8 — C
8,10
C
8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030
for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is
less, or occupying not more than 45 percent of the gross floor area of a food processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no
more than four structures per 100 acres of contiguous master planned development and subject to
section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to
no more than two structures per 100 acres of contiguous master planned development and subject to
section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross
floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following
conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued
since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total
building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square
feet or 50 percent of the facility, whichever is less.
…
Section 2
That table 38.320.030.B, Minimum lot width in R-S, R-1, R-2, R-3, R-4, R-5, R-O, and R-MH
zoning districts, Bozeman Municipal Code be amended as follows:
Table 38.320.030.B
Minimum lot width (feet)
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Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard
Zoning District
R-
S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household dwelling 50 50/40
1 50/40 1 50/40 1 50/35 1 35/25 1,2 50/40 1 50/40
1
Single-household dwelling
(only for dwellings to satisfy
requirements of division
38.380 of this chapter)
30 30 30 30 30 30 30 30
Two household dwelling — — 60/50 1 60/40 1 50/40 1 50/40 1 50/50 1 —
Accessory dwelling unit 3 50 50/40
1
50/40
160/50
1
50/40
160/50 1 50/40 1 None 4 50/40
160/50 1 —
Accessory dwelling unit 3 on
lots with Townhouses 30 30 30
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
—
Dwellings in three- or four-
household dwelling
configurations
- - — 60 60 None 2,4 60 —
Townhouses 30 30 30
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
Width of
interior
units ,2
—
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All other uses 50 50 50 50 50 None 2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with
standards for legal and physical access, street trees, on-street parking, garage design, drive access width
and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may
be required for placement and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory
buildings. Lot area and width must be provided as if the dwelling were attached to the principal use.
Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses
and conform to applicable design and density standards.
Section 3
That section 38.510.010, Introduction, Bozeman Municipal Code be amended as follows:
A. Purpose.
1. To provide standards to implement the growth policy and applicable adopted subarea
plans;
2. To design sites and orient buildings with an emphasis on compatible development and
creating a comfortable walking environment; and
3. To provide standards that recognize the need for a system of streets and block frontages.
B. Applicability. The provisions of this division apply to all development within Bozeman,
except single to four-household dwellings in any configuration. Also:
1. For clarification on the relationship between the provisions in this division and other
documents and codes, see section 38.500.020.A.
2. For the application of building additions, remodels and site improvements, see section
38.500.020.B.
3. For clarification on how the provisions of this division are applied, see section
38.500.030.
C. How to use this division. Since Bblock frontage standards for individual properties depend
on the zoning designation adjacent type of street that the properties front onto and Community
Design Framework map., consider Take the following steps in using this division:
1. Determine the zoning of your property, then see section 38.510.020 to find the block
frontage type designation for the street or streets fronting your property. For properties in
residential zones, the standards for Landscaped block frontages (see section
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38.510.030.C) apply. For properties in Industrial zones, see section 38.510.030.H. For
properties that front onto multiple streets, see provisions in section 38.510.0230.KF; and
2. Go to the appropriate code section in this division for the block frontage standards for
applicable to the block frontage type designation. Table 38.510.030.A includes a
summary of the five primary street frontage type designations along with links to the
appropriate sections, the intention for each block frontage designation, and key design/use
provisions.
…
Section 4
That section 38.510.020, Community design framework maps and standards, Bozeman
Municipal Code be amended as follows:
A. About the maps. The maps, together with the block frontage standards in section
38.510.030, guide the look and feel of development in commercial and multi-household
areas throughout Bozeman when viewed from the street. The provisions herein
recognize that there is a hierarchy of different streets and block frontage types ranging
from pedestrian-oriented storefronts to arterial streets/frontages that warrant greater
flexibility in the design of frontages.
The block frontage standards address streetfront elements including:
1. Building location and orientation.
2. Parking lot location.
3. Window transparency.
4. Weather protection.
5. Landscaping.
The community design framework maps also identify high visibility street corner sites that
warrant special design treatment. Ultimately, these "form-based" provisions will help to
reinforce existing and desired development patterns intended to implement the growth
policy, including adopted neighborhood plans.
B. All block frontages within residential zones are subject to landscaped block frontage
provisions set forth in section 38.510.030.C.
C. All block frontages within industrial zones are subject to the provisions of section
38.510.030.H.
D. The default block frontage for new or undesignated streets (such as those within
annexed land) in commercial and mixed-use zones is Mixed (see the mixed block
frontage provisions set forth in section 38.510.030.D),
E. The block frontage designations apply to development on both sides of the street except
where otherwise specified.
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F. Multiple frontage situations where a property and building(s) front onto multiple street
block frontages or internal frontage designations. Where a property fronts onto more than
one block frontage, each building must comply with the standards for the block frontage
upon which it is located, with the following clarifications:
1. When a building or buildings is located such that it faces and is adjacent to multiple
block frontages, the orientation of the front of the building must be sited and placed on
the property in the following order of precedence:
a. Streets
b. Trail/Park
c. Special Residential (parking areas/lots, block separation corridors).
d. Departures may be considered provided the location and front orientation of the
buildings are compatible with the character of the area and enhance the character
of the street.
2. When a building or buildings is located such that it faces and is adjacent to multiple
street block frontages:
a. The orientation of the front of the building must be sited and placed on the property
in the following order of precedence:
1) Gateway
2) Storefront
3) Landscape
4) Internal Roadway
5) Other
6) Departures may be considered provided the location and front orientation of
the buildings are compatible with the character of the area and enhance the
character of the street.
b. For corner sites with landscaped block frontage on one street and storefront or
mixed on another, a storefront frontage may wrap around the corner (on the
landscaped block frontage side) for up to a half block or no more than 120 feet
(whichever is more).
c. Each building(s) must address a frontage.
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Page 9 of 18
3. All buildings must be placed and designed to present the front and primary façade to
the block frontage or street block frontage that is highest in the order of precedence.
4. All buildings on a corner at the intersection of two streets must be placed adjacent to
and present a front and primary façade to both street block frontages.
5. Entrances:
a. A publicly accessible entrance must be provided on the front and primary façade
unless not required by the block frontage.
b. For buildings on a corner at the intersection of two streets, publicly accessible
entrances on both street frontages are encouraged, but only one entrance is
required.
c. For buildings that front on internal and external block frontages, publicly
accessible entrances on both types of block frontages are encouraged, but only
one entrance is required.
d. The publicly accessible entrance must be provided on the storefront block
frontage if one is provided.
e. For buildings on a corner at the intersection of two streets with a mix of block
frontage designations the publicly accessible entrance must be provided on the
block frontage according to the order of precedence in subsection 1 above.
f. For buildings on lots or sites that have multiple street block frontages the publicly
accessible entrance must be provided on the block frontage according to the order
of precedence in subsection 2 above.
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Page 10 of 18
6. Buildings that face two streets and meet the primary frontage parking location
standards are not required to meet building to parking location percentage frontage
standards for subsequent building frontages.
7. Parking: Surface parking (including ground floor parking in a structure) adjacent to a
street corner is not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
b. Other combination of block frontages, except those with a storefront
designation, via a departure and subject to the applicable departure criteria.
FG. Changes to the block frontage designation for new and existing streets may be made
through the Community Design Framework Master Plan per section 38.510.030.L.
GH. A reference map of approved community design framework master plans and
default block frontages is maintained by the department of community development.
The map is a visual representation of the text of this section and is for illustrative
purposes only.
…
Section 5
That table 38.510.030.B, Storefront block frontage standards, BMC be amended as follows:
Table 38.510.030.B
Storefront block frontage standards
Element Standards ( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Ground floor
Land use
Non-residential uses specified in
38.10.020, except for lobbies
associated with residential or
hotel/motel uses on upper floors.
Floor to ceiling
height
13' minimum (applies to new
buildings only).
Retail Commercial
space depth
20' minimum (applies to new
buildings only).
Ordinance No. 2019
Page 11 of 18
Building
placement
Required at front property
line/back edge of sidewalk.
Additional setbacks are allowed
for widened sidewalk or
pedestrian-oriented space
(38.520.060.D).
Building
entrances
Must face the street. For corner
buildings, entrances may face the
street corner.
Façade
transparency
At least 60% of ground floor
between 30" and 10' above the
sidewalk for primary facades and
40% of ground floor between 30"
and 10' above the sidewalk for
secondary facades. Display
windows may count for up to
50% of the transparency
requirement provided they are at
least 30" in depth to allow for
changeable displays. Tack-on
display cases do not qualify as
transparent window areas.
Window area that is glazed over or covered in
any manner that obscures visibility into the
storefront space shall not count as transparent
window area.
Weather
protection
Weather protection with 8-15'
vertical clearance at least 5' in
average depth along at least 60%
of façade. Retractable awnings
may be used to meet these
requirements.
Parking location
Also see division
38.540 of this
division for
related parking
requirements
New surface and structured
parking areas (ground floor) must
be placed to the side or rear of
structures and are limited to 60'
of street frontage. Provide a 6'
minimum buffer of landscaping
between the street and off street
parking areas meeting the
Ordinance No. 2019
Page 12 of 18
performance standards of
division 38.550.
Sidewalk width
12 feet minimum between curb
edge and storefront (area includes
clear/buffer zone with street
trees). Setbacks and utility
easements must also be
considered and may result in a
larger minimum sidewalk width.
…
Section 6
That table 38.510.030.C. Landscape block frontage standards, BMC, be amended as follows:
Table 38.510.030.C
Landscaped block frontage standards.
Element Standards ( refers to departure
opportunities, see subsection 38.510.030
below)
Examples & Notes
Ground floor:
Land use
See Tables 38.310.030-.040 for permitted
use details.
Building
placement
10' minimum front setback, except where
greater setbacks are specified in the district
in division 38.220.
See section 38.510.030.J for special
design provisions associated with
ground level residential uses adjacent to
a sidewalk.
Building
entrances
Building entrances must be visible and
directly accessible from the street. For uses
that front on multiple mixed designated
block frontages, an entry along both streets
is encouraged, but not required.
Ordinance No. 2019
Page 13 of 18
Façade
transparency
For buildings designed with ground level
non-residential uses, at least 25% of the
ground floor between 4'-8' above the
sidewalk. For residential uses, at least 15%
of the entire façade (all vertical surfaces
generally facing the street). Windows must
be provided on all habitable floors of the
façade.
Window area that is glazed over or
covered in any manner that obscures
visibility into the storefront space shall
not count as transparent window area
Weather
protection
Provide weather protection at least 3' deep
over primary business and residential
entries.
Parking
location
Also see
division 38.540
of this division
for related
parking
requirements
Parking must be placed to the side, rear,
below or above uses. For single and multi-
building developments, surface and
structured parking areas (ground floor) are
limited to no more than 50% of the street
frontage. Private or shared garage entries
must occupy no more than 50% of façade
width. Provide a 10' minimum buffer of
landscaping between the street and off street
parking areas meeting the performance
standards of division 38.550 of this chapter.
New parking structures must feature
landscaped setbacks at least 10' in width.
Ordinance No. 2019
Page 14 of 18
Landscaping
Also see
division 38.550
of this division
for related
landscaping
standards
The area between the street and building
must be landscaped, private porch or patio
space, and/or pedestrian-oriented space.
For setbacks adjacent to buildings with
windows, provide low level landscaping
that maintains views between the building
and the street.
Also provide plant materials that screen any
blank walls and add visual interest at both
the pedestrian scale and motorist scale. For
extended wall areas, provide for a diversity
of plant materials and textures to maintain
visual interest from a pedestrian scale.
Sidewalk width
6' minimum sidewalks are required adjacent
to arterial streets and public parks and 5'
minimum width in other areas, except the
review authority may require wider
sidewalks in special areas where called for
in adopted plans or where significant
pedestrian traffic is anticipated.
…
Section 7
That section 38.510.030.K, Where a property fronts onto multiple streets/frontage designations,
Bozeman Municipal Code be amended as follows:
K. Where a property fronts onto multiple streets/frontage designation. Where a property
fronts onto more than one street and each street has a different frontage designation, each
building frontage must comply with the standards for the block frontage upon which it
fronts, with the following clarifications:
1. Where a conflict exists between frontage standards, the review authority will apply
the standards of a block frontage pursuant to the following order of preference:
a. Storefront;
b. Mixed;
c. Landscaped; then
d. Other.
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Page 15 of 18
Items 2—5 below clarify how the order of preference works for particular frontage
elements.
2. Building Location: For corner sites with landscaped block frontage on one street
and storefront or mixed on another, a storefront frontage may wrap around the
corner (on the landscaped block frontage side) for up to a half block or no more
than 120 feet (whichever is more.
3. Entrances: For corner sites, entrances on both streets are encouraged, but only one
entrance is required. For corner sites with a storefront block frontage on one side, an
entrance must be placed on the storefront block frontage side. For corner sites with
a mix of designations that do not include a storefront block frontage, the entry must
be placed on the order of preference identified above. Departures may be considered
provided the location and design of the entry and block frontage treatments are
compatible with the character of the area and enhance the character of the street.
4. Transparency: For corner sites at least one block frontage must meet the applicable
transparency standards (based on the order of preference above). For the second
block frontage, the review authority may approve a reduction in the minimum
amount of transparency by 50 percent. For street corners with the same designations
on both frontages, buildings must employ the full transparency on the dominant
frontage (based on the frontage width or established neighborhood pattern).
5. Parking: Surface parking (including ground floor parking in a structure) adjacent to
a street corner is not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
b. Other combination of block frontages, except those with a storefront
designation, via a departure and subject to the applicable departure criteria.
Ordinance No. 2019
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…
Section 8
That section 38.520.060.C Usable commercial open space, BMC be amended as follows:
C. New developments with non-residential uses (except for development within the
industrial zones) on sites with a total site area greater than one acre must provide open
space equal to at least two percent of the development envelope. The open space may be
in the form of pedestrian-oriented open space per subsection D below, garden, play area
or other open space feature that serves both as a visual amenity and a place for human
activity. Portions of sidewalks that are wider than 12 feet and which meet the standards
of pedestrian-oriented open space may be counted toward this requirement. For this
specific standard, "Site area" includes all land needed for the non-residential portion of
the project including parking, service areas, access and required landscaping. Non-
residential open space features must be approved by the review authority.
When determining the “site area” for mixed-use buildings, areas solely used for
residential use may be omitted. To be omitted, areas must be specifically restricted to
residents (e.g. parking spaces signed for residential parking only, open space areas gated
off or only accessible from internal residential areas, internal lobbies without access to
commercial spaces). When the omission of solely residential areas results in the site area
being less that one acre, no commercial open space is required.
Reduced open space area will be considered by the review authority for projects that
include exceptional design features and elements that meet the intent of the standards. This
includes open spaces that feature a combination of design (site materials, amenities, and
Ordinance No. 2019
Page 17 of 18
configuration) and location/context that clearly exceed typical plaza designs found in the
region. All departures must feature usable open space no less than one percent of the
development envelope.
Section 9
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 10
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 11
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 12
Codification.
This Ordinance shall be codified as indicated in Sections 2 through 8.
Section 13
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
Ordinance No. 2019
Page 18 of 18
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _______ day of ___________, 2019.
_______________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the _______
day of _____________, 2019. The effective date of this ordinance is ___________, ____, 2019.
_______________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_______________________________
GREG SULLIVAN
City Attorney