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HomeMy WebLinkAbout1997-02-03 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 3, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 3, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe, Clerk of the Commission Sullivan and Deputy Clerk of the Commission Erlandson. 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 discussion. Minutes - January 21 and Januarv 27, 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meeting of January 21, 1997 be approved as submitted, and that the minutes of the meeting of January 27, 1997, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Conditional Use Permit - expansion of premises served bv existing alcoholic beverage license to include restaurant located on the east 2 % feet of lot 2, Lots 3 and 4, and the west 13 % feet of lot 5, Block D, Oriainal Townsite (215 East Main Street) - Ralph Ferraro for Boodle's Restaurant (Z-96100) This was the time and place set for the decision on the Conditional Use Permit requested by Ralph Ferraro, under Application No. 2-96100, to expand the premises served by an existing alcoholic beverage license to include a restaurant located on the east 2 % feet of . Lot 2, Lots 3 and 4, and the west 13 % feet of Lot 5, Block 0, Original Townsite. The subject property is more commonly located at 215 East Main Street, and the premises is to be known as Boodle's Restaurant. Assistant Planning Director Debbie Arkell gave the staff report, noting this application is to allow the sale of alcoholic beverages in an expanded area. The Assistant Planning Director 02-03-97 --.-.-------.... .-..----- - 2 - noted the applicant owns the "Rocking R Bar", and intends to expand the use of the liquor license to include the new restaurant by utliizing an existing doorway between the two businesses, which are in the same building. She noted the restaurant will have seating for approximately 60 patrons, while the existing Cowboy Cafe has seating for approximately 90 . people. Assistant Planning Director Arkell said a Certificate of Appropriateness was granted by the Design Review Board in December, 1996 to remodel the restaurant and replace the front facade, and the remodeling has commenced while this subject Conditional Use Permit is being processed. She stressed that the CUP is only for the serving of alcoholic beverages. Mayor Stueck yielded the gavel to Commissioner Stiff and left the room at 3:05 p.m. The Assistant Planning Director said the Development Review Committee and the City- County Planning Board reviewed the application and considered the six review criteria listed in the zone code. She noted that the review identified the need to enclose an existing garbage dumpster in the alley, to install a fire sprinkler system in the basement because that will now be utilized, and to install grease traps in the sinks. . Assistant Planning Director Arkell said the City-County Planning Board held a public hearing on this application on January 22. Following that public hearing and review of the criteria, and the staff's findings as contained in the written staff report, the Planning Board voted 9-0 to recommend to the City Commission that the application be approved, subject to seven conditions. In response to Commissioner Frost, the Assistant Planning Director said she does not know if the amount of light from the lights on the facade is to be limited. She noted that the Design Review Board found the fixtures to be appropriate given the historical nature of downtown Bozeman. She said that, with the street lights currently on Main Street and the height of the new lights, the low wattage produced by those light fixtures should not be noticed. . Mayor Stueck returned to the meeting at 3: 1 0 p.m. The applicant's representative indicated he has no comment. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Conditional Use Permit requested by Ralph Ferraro, under Application No. Z-961 00, to expand the premises served by an existing alcoholic beverage license to include a restaurant located 02-03-97 - 3 - on the east 2 ~ feet of Lot 2, Lots 3 and 4, and the west 13 ~ feet of Lot 5, Block 0, Original Townsite, be approved, subject to the following conditions: 1. A permanent enclosure for the existing garbage dumpster shall be constructed in accordance with Section 18.50.035.0, Bozeman Zoning Ordinance. A detail of the enclosure shall be submitted to the Planning Office prior to construction of the enclosure. . 2. A copy of the State Revenue Department Liquor license for the expansion to serve alcoholic beverages at Boodles Restaurant shall be submitted to the Planning Office prior to the sale of alcoholic beverages at the restaurant. 3. The basement of the restaurant shall be equipped with a fire sprinkler system approved by the Bozeman Fire Marshal and Water/Sewer Superintendent. Plans and specifications for the fire line shall be submitted to the City Engineer, and designed per City fire line standards. If a temporary water supply from the existing domestic water service is necessary for the sprinkler system, the plans must also be submitted to the Fire Marshal using City checklist and standard drawing 02718-60. The fire sprinkler system must be installed, approved and accepted prior to the proposed use of the basement. 4. Grease traps shall be installed in the kitchens, per the specifications of the Uniform Plumbing Code, and the requirements of the Bozeman Municipal Code, during construction of the prep kitchen. 5. The right to use and occupy the permit shall be contingent upon the fulfillment of all general and special conditions imposed by the . Conditional Use Permit procedure. 6. All of the special conditions placed on this Conditional Use Permit shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any final site plan approval, or commencement of the conditional use. 7. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to the commencement of use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Reauest for reduction of current assessment for street and tree maintenance districts for the . Fairgrounds - Gallatin County Commission Acting City Manager Brey noted an error was made in the assessment to the County Fairgrounds, and City staff wrote a letter, dated October 29, 1996 notifying the Gallatin County Fair Board that this error had been discovered and corrected. The error caused a substantial increase in the assessment to the County, from $51.21 to $4,401.09, and the City 02-03-97 - 4 - received a letter from the County Commission, dated January 7, 1997, requesting that the additional assessments be abated for this year. Mayor Stueck forwarded his feeling that the County Commissioners have a valid point since their budget is based on historical data. He said he feels it is the City's mistake and we . should forego the increased assessment this year, but the County should be advised they will be responsible for the full assessment in the future. He noted another option may be to forego the increase this year, since they do not have the money in their budget, and have them pay part of the missed assessment next year. Commissioner Rudberg said she also would support the County paying the correct assessment when the next assessment is due. Acting City Manager Brey commented that when a mistake is found it is corrected and billed accordingly, noting that any sort of relief is through direct appeal to the Commission. He recognized that in this instance the Commission has identified some unique elements upon which relief could be based. Commissioner Stiff said he is concerned about precedent being set, and he also is . concerned about abatements. He said he does not consider this to be an abatement, but a correction of an error. He recognized that the County and the City need to work very closely together on a number of things, indicating a willingness to support the County's request. In response to Commissioner Rudberg, Sue Shockley, representing the Gallatin County Fairgrounds, said the baseball club has a 1 O~year lease, and they cannot be charged more than the fees set in the lease. Mayor Stueck commented to Ms. Shockley that the assessments are capped at 25% because the property is zoned PLI and the County is, therefore, being charged only $4,400 or 25 % of the total. He further noted the County is not being singled out since the same regulations apply to the State and the City of Bozeman properties. Commissioner Youngman noted that she feels it is our mistake and she is comfortable . with the County paying the full assessment next year. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the request made by the Gallatin County Commission for reduction of current assessment for street and tree maintenance districts for the Fairgrounds for this fiscal year be approved, lowering the amount to $51.21, and recognizing that beginning next fiscal year, the corrected amount will 02-03-97 --...------ -.. - - - -- - ... - 5 - be billed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Ordinance No. 1437 - appointing A$$i$tant City ManaQer Brey a$ ActinQ City Manager between City Manaaers and setting salary Previously included in the Commissioners' packets was a copy of Ordinance No. 1437, as approved by the City Attorney, entitled: ORDINANCE NO. 1437 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE ACTING CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that Ordinance No. 1437, appointing Assistant City Manager Brey as Acting City Manager between City Managers and setting his salary, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, . Commi$$ioner Stiff. Commi$$ioner Fro$t and Mayor Stueck; tho$e voting No, none. Ordinance No. 1438 - Zone Map Amendment - "R-S" to "R-MH" - 17.49 acres known as Sprinahill Park Subdivision, located in the SE%, Section 23. and the SE%, Section 24, T1 S, R5E, MPM (east of Sprinahill Road, north of Riverside Country Club) Included in the Commissioners' packets was a copy of Ordinance No. 1438, as approved by the City Attorney, and entitled: ORDINANCE NO. 1438 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-S" (RESIDENTIAL--SUBURBAN COUNTRY ESTATES) TO "R-MH" (RESIDENTIAL-- SINGLE~FAMIL Y MOBILE HOME) ON 17.49 ACRES KNOWN AS SPRINGHILL PARK SUBDIVISION, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND THE SOUTHWEST ONE-QUARTER OF SECTION 24, . TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that Ordinance No. 1438, amending the zoning designation from "R-S", Residential--Suburban Country Estates, to "R-MH", Residential--Single-family Mobile Home, on 17.49 acres known as the Springhill Park Subdivision, be provisionally adopted and that it be brought back in two 02-03-97 - 6 - weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Pled Qed Securities as of December 31. 1996 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Stiff and Commissioner Frost have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Stiff reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Pledged Securities as of December 31, 1996, listed as follows: DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1996 . RATE MA TURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 TOT AL - First Security Bank - Bozeman $ 100,000.00 AMERICAN BANK. Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Sub-total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: U.S. Treasury Note 6.00 08/31/1997 182005092 $ 1,000,000.00 . Federal National Mortgage Association 8.65 02/10/1998 182007113 200,000.00 Federal National Mortgage Association 5.05 03/14/1997 182007114 500,000.00 Federal Home Loan Bank 5.72 03/18/1998 182007117 500,000.00 Federal Home Loan Bank 5.69 03/25/1998 182007118 300,000.00 Federal Home Loan Mortgage Corp 5.36 03/28/1997 182007119 500.000.00 Sub-total - Trusteed bonds and securities $ 3,000.000.00 02-03-97 ------ - 7 - TOTAL - American Bank - Bozeman $ 3,100,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1996, by the banks of Bozeman and approve and accept the same. . DON E. STUECK, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner ALFRED M. STIFF, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Discussion. FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. ( 11 Copy of statistics on population by County and the changes from 1990 to 1995. (2) Letter from Idaho Pole Company, dated January 30, forwarding a press release regarding closure of their wood treating facility in Bozeman. (31 Letter from J. Dorsch, Big Sky Family Trust Development Partnership, dated January 21, stating that the impact fees, in the amount of $6,411.75, for their condominium project at 20-22 Graf Street have been paid under protest. . (4) Memo from Project Planner Christopher Williams, dated January 27, regarding contractor liability for installation of non-conforming or non-permitted signs. Mayor Stueck noted this issue came up in discussions with sign owners, and is an attempt to make sign erectors more responsible. Commissioner Rudberg commented she was surprised to see her name mentioned in the 02-03-97 - 8 - memo, saying she did not tell City staff to educate sign builders, but told staff they needed to bring the matter to the Commission for action. The Acting City Manager noted this matter will be placed on a future agenda for Commission direction. (5) Letter from Bill Young, 908 South Church Avenue, encouraging the installation of sidewalks along South Church Avenue. . (6) Copy of the Legislative Bulletin, dated January 24, 1997, as prepared by the Montana League of Cities and Towns. (7) Letter from the Human Resource Development Council, dated January 23, 1997 forwarding an update on their services to the City and asking for an increase in funding. (8) Letter from Mary Gray, 1817 South Willson Avenue, dated February 2, 1997, noting her concern about water use, and about a vacant lot used for parking. (9) Letter from Chris Saunders, Impact Fee Coordinator, dated January 31 concerning the review of impact fees as required by code. (10) Membership Bulletin from the Montana League of Cities and Towns, dated January 30, regarding bills before the Legislature. . (11) Letter from Jana Rogers, Galavan Program Director, dated January 29, forwarding their quarterly report. ( 12) Minutes from the Bozeman Beautification Advisory Board meeting held on January 15, 1997. (13) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on January 22, 1997, along with a memo requesting that membership on the Board be increased and that the length of terms be changed. Responding to Commissioner Youngman, the Clerk of the Commission said that if the Commissioners concur with the requested changes in Board membership, she will prepare the resolution necessary to make the changes. The Commissioners concurred. (14) Minutes from the December 11, 1996 meeting of the Montana Transportation . Commission held in Helena. (15) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 4, 1997, in the Commission Room. ( 16) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, February 4, 1997, in the Commission Room. 02-03-97 - 9 - ( 17) The Acting City Manager submitted his weekly report, as follows. (1) Met with Commissioners and Department heads individually to get squared away for the transition. He noted he still needs to meet with Commissioner Frost and Mayor Stueck to go over general issues. (2) Noted Planning staff informed him they had 14 new projects submitted last week, . 8 of which will require public hearings. (3) Said the City has done a couple of nights' snow removal downtown and is now getting a few complaints from citizens about noise. (4) Received a tax increment check from the County in the amount of $20,055.61. (5) Said much of the management staff attended in~house personnel training last week dealing with disciplinary issues. He noted this is the first of a couple of sessions. (6) Said the State has scheduled some OSHA training in Bozeman in March that is germane to a lot of our operations. (7) Announced that Pat Abelin was reappointed as Highway Commissioner. (8) Said the specifications for the Visitors Center building have been sent in to the State for review. (9) Received a small award from the Chemodrow Estate, being about $3,000 in legal expenses, which goes to the Bozeman Creek Reservoir Association. In response to Commissioner Stiff, the Acting City Manager said it is his understanding this is an award made by the Court from . the Chemodrow Estate to the City for its legal expenses incurred in contesting some of the Estate's claims over water rights. (10) Reviewed the topics for next week's work session which includes a presentation by the Montana Department of Transportation staff on the speed study of 19th from Springhill to Kagy Boulevard, and a continued discussion on the selection process for a City Manager. (11) Noted this might be a good time to look at generating a list of work topics for the next six months. Mayor Stueck suggested that formulating a plan to respond to short timelines on testimony on legislative bills be placed on next week's agenda, particularly when there is not adequate contact with all five Commissioners. In response to Commissioner Rudberg, the Acting City Manager noted that issues can be so restructured or amended that they are no longer in sync with the positions which the . Commissioners originally identified. ( 18) Commissioner Youngman noted she will be attending a meeting of the Gallatin Council of Governments on Wednesday night in Three Forks. (19) Commissioner Rudberg submitted her report: (1) Noted some nice kudos for " 02-03-97 - .--.---- ....-.--- -....---... - 10 - Bozeman in the Transportation Commission minutes, and commented how nice it is to see this at State level. (2) Said the Commission needs to send a letter to the Board of Crime Control in support of the grant application for the Victim/Witness Assistance Program. She distributed copies of last year's letter, requesting that the Clerk of the Commission can type the same . letter and give it to Susan Wardal, Staff Attorney, to accompany the application. (3) Noted the City had made a good impression somewhere, since the Symphony's Heroes and Villains production on Sunday mentioned snowplow drivers, and the audience really showed their appreciation. (4) Informed the members of the Commission that she will have surgery this week and will be voiceless next Monday, and that her husband, Don, will be her physical voice for the Commission meeting. (5) Commented that she had not been aware of how much money is spent on animal control on a monthly basis until she reviewed the agreement on the consent agenda. She noted the sum of $22,000 paid to the Humane Society for handling animals, plus animal control officers, amounting to well over $50,000 of taxpayers' money for acts created by basically irresponsible people. (6) Concluded by voicing her sadness at the loss of another business in the area, Idaho Pole Company, especially since Montana is a timber . State. (20) Assistant City Attorney Cooper echoed the Acting City Manager's assessment of the recent training session held last week, noting he was very impressed with it. (21 ) Clerk of the Commission Sullivan referenced the selection process in preparation for next week, noting she had requested any additional information or further comment from Commissioners be sent in by today. She said she had not yet received anything, and indicated Wednesday is the last possible day for input, otherwise she would continue with what was on the Commission table two weeks ago. (22) Mayor Stueck submitted his report: (1) Enquired whether or not everyone has completed the ballot for the Gallatin City-County Board of Health revisions, asking that they be returned to the Clerk as soon as possible. In response to Commissioners Rudberg and Stiff, . he said each Commissioner has a vote, as do the three County Commissioners and the Health Board. Acting City Manager Brey noted that the new Interlocal Agreement will be submitted to the Commission for final approval. (2) Said he had received notification of the 1997 Time magazine Quality Dealer Award to Joe Billion, President of J.C. Billion. He said the announcement was made February 1 by the publisher of Time magazine, and displayed the 02-03-97 -- ---- ...- - 11 - photograph of Mr. Billion used in the award. (3) Said he attended the grand opening and flag raising ceremony last Saturday for the new Credit Union building on Huffine Lane. (4) Said he will be attending the meeting of the Gallatin Council of Governments on Wednesday night in Three Forks. (5) Noted the ribbon-cutting ceremony for the new Buttrey store at Main Mall is . at 8:30 a.m. on February 12th, which conflicts with engineer interviews he is to be involved with. Acting City Manager Brey replied that he will attend the ceremony, and Commissioner Rudberg said she will try to be there. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Commission Resolution No. 3160 - amending 1990 Bozeman Area Master Plan Uodate to include the sub-plan for the North 19th Avenue/West Oak Street corridor COMMISSION RESOLUTION NO. 3160 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY INCORPORATING THE NORTH 19TH A VENUE/WEST OAK STREET CORRIDOR MASTER PLAN INTO SAID DOCUMENT. . Authorize Mavor to sign - Findings of Fact and Order - Yellowstone Peaks Mobile Home Subdivision (subdivide 6.15 acres known as portion of Tract 1 and all of Tracts 2, 3 and 4, Fowler Subdivision, into 35 mobile home lease lots and one lot for site built home (north side of 2700 block West Babcock Street) Acknowledae receipt of reauest for annexation - Eugene Graf III for Estate of Eugene Graf. Jr. and Genevieve S. Graf - 167:t acres known as Tracts C-1, D-1, C-2 and D-2, COS No. 1827, located in Section 35, T2S, R5E, MPM and that tract of land in Section 35, T2S, R5E. MPM described in Film 17, Page 1115, official records of Gallatin County; refer to staff Proclamation - "American Heart Month" - Februarv 1997 Acknowledge receiPt of reauest for annexation - Bozeman Interfaith Housina II for Elva L. Arnold - 2.696 acres known as COS No. 947, in the SE~, Section 11, T2S. R5E, MPM (3300 block of West Babcock Street): refer to staff Acknowledae receipt of reauest for extension of sewer services outside city . limits - Costco - Tract located along west side of North 19th Avenue, south of Vallev Center Road: refer to staff Authorize Mavor to sian - Letter appointing Neiahborhood Coordinator/Grantsperson James Goehrung as Environmental Certifvina Official for the Bozeman Interfaith Housina II HOME arant Ratifv City Manager's signature - Lease with the Humane Society of Gallatin County - one acre located at 2125 North Rouse Avenue - for the period Mav 1, 1996 throuah April 30, 1998 02-03-97 . --------- - 12 - Authorize excenditure of $4.047.86 as cartial reimbursement for costs billed bv the State of Montana DeDartment of Environmental Qualitv for the Bozeman Solvent Site for the Deriod Julv 1 throuah Sectember 30. 1996 Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission 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 Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Continued work session w setting of Commission aoals for Fiscal Year 1997-1998 Included in the Commissioners' packets were the listing of the combined goals and the listing of the parent goals, as established during last week's work session. Clerk of the Commission Sullivan noted that in the listing of combined goals, there are several shaded sections. She noted that those sections reflect discussions during last week's work session, and requested that the Commissioners make a determination on whether those . sections should be included in the goal or deleted. Following discussion, including length y discussions about Goal No. 2, the Commissioners developed the following list of goals. They further concurred that the listing of parent goals, which is only the first goal in each section of goals, will be used when addressing goals during the fiscal year. 1 . Continue sewer and water rehabilitation/replacement programs, also identifying and eliminating sewer infiltration/inflow problems and update service areas. - Continue to address the sewer inflow and infiltration problems in the existing lines. - Remedy sewer line problems, including inflow/infiltration and replacement of aging lines as needed. - Complete study by HKM of sewer and water, and begin planning for future infrastructure. - Continue water rehabilitation/replacement program and update service area. . 2. Continue to take steps to protect the Bozeman Creek water rights, while exploring the feasibility of the deep aquifer, other options for future water supply, and water conservation education. 3. Implement the affordable housing policy. (Adopt ordinances to implement policy and make it easier for private, for-profit sector involvement, as well as develop long-term funding mechanism for the Community Housing Fund.) - Implement existing affordable housing policy (adopt necessary ordinances to implement policy, develop long-term funding mechanism for Community Housing 02-03-97 - 13 - Fund). 4. Schedule completion date for all transportation bond projects and expedite City/County Babcock Street improvements. - Proceed with transportation bond issue projects, and add West Babcock Street reconstruction to the list. - Aggressively pursue improvements to West Babcock Street, in cooperation with the County. - Complete engineering on transportation bond and put out projects for bid. . - Complete alternative transportation systems for pedestrians, bikers and the disabled. 5. Anticipate CIP funding needs and attempt to provide solutions. - Complete a short- and long-range capital improvements plan for streets, fire, water, sewer, library, swim center, parks and other infrastructure and facilities needs, including City Hall. Include development of tentative timing and financing plan, and prioritize improvements. (To give departments guidance on how they fit into the big picture, aiding their long-range planning and to give the Commission guidance on future budget demands.) - Develop a three- to five-year capital improvement plan for City streets, fire, water and sewer services to identify spending priorities for impact fee revenues and to create a stronger link between capital facilities and land use issues. - Determine future needs of fire station. Pursue locations, land possibilities and cost estimates. - Investigate the potential of acquisition of new property for Planning and Engineering offices. Sell existing old library before money is spent upgrading to meet code, ADA and fire safety issues. - Continue phased update of cemetery water system. - Continue well-located parkland acquisition, including Rose Park, parks improvements and maintenance. . 6. Achieve a fairer and more balanced tax system, particularly regarding excessive and inequitable property taxes, but not limited to balancing development costs more equitably between developers and existing property taxpayers. 7. Implement the critical lands study, including preparation of an open space plan. (Including preservation alternatives for agricultural/other open space/parklands, such as tax changes and incentives for landowners, easements, transfer of development rights and land acquisition, if necessary.) - Grant study by City grants person to explore purchase of open space and development rights. Contact environmental groups for funding. 8. Work with City and County officials to explore alternative regulatory strategies for "donut area" to protect agricultural development rights and open space. - Conduct growth-related planning, in cooperation with the County. - Work with County on mutual concerns over: West Babcock Street, Oak Street, 9-1-1 system, legislative issues, and any other pertinent issues. Continue an on-going relationship with the County Commissioners. 9. Finish zone code update. - Complete updating of manuals of codes and ordinances. .10. Pursue true cost analysis regarding present solid waste management, and best estimates of automated pick-up, composting and recycling. - Continue planning for multi-county solid waste disposal/composting. 11. Continue to ensure POLICE and FIRE departments are staffed and equipped as needed. - Continue adequate fire and police staffing and equipping. - Determine actual needs of Police Department for equipment and vehicles to maintain staff's productivity. - Develop fire protection master plan. 02-03-97 - 14 ~ 12. Begin work on adding a Mixed Use designation to our zoning ordinance. 13. Staff Park Department with seasonal help to ensure existing parks are taken care of. 14. Improve and increase enforcement of traffic and pedestrian laws and ordinances and monitor areas of concern. 15. Develop a plan for computer networking within and between departments and . departmental Internet access to increase productivity and cost-effectiveness and improve customer service. 16. Establish regular meetings with all advisory boards to discuss goals. Encourage innovative ideas to achieve these goals. 17. Continue user friendly government attitudes toward public. 18. Support initiatives to attract environmentally responsible new businesses to the area. 19. Establish policy for goal progress review at least two times during year. The Commissioners then voted on their top five choices. As a result of that voting. the Commissioners established five top priority goals for the upcoming year. The results of the voting are as follows (the number in parentheses represents the number of votes receivedl: (51 Anticipate CIP funding needs and attempt to provide solutions. (51 Continue to take steps to protect the Bozeman Creek water rights, while exploring the feasibility of the deep aquifer, other options for future water supply, and water . (4) conservation education. Continue sewer and water rehabilitation/replacement programs, also identifying and eliminating sewer infiltration/inflow problems and update service areas. (31 Schedule completion date for all transportation bond projects and expedite cooperative City/ County Babcock Street improvements. (31 Continue to ensure POLICE and FIRE departments are staffed and equipped as needed. ----~~~~-~-------------------~-------- (21 Implement the affordable housing policy. (Adopt ordinances to implement policy and make it easier for private, for-profit sector involvement, as well as develop long-term funding mechanism for the Community Housing Fund.1 (21 Implement the critical lands study, including preparation of an open space plan. (Including preservation alternatives for agricultural/other open space/parklands, such as tax changes and incentives for landowners, easements, transfer of development rights and land acquisition, if necessary. I .(11 Achieve a fairer and more balanced tax system, particularly regarding excessive and inequitable property taxes, but not limited to balancing development costs more equitably between developers and existing property taxpayers. - - - ~ - ~ - - - - - - - ~ - - - - - ~ - - - - - - - - - - - ~ ~ - ~ - - - - ~ ~ - - - ~ - - - (01 Work with City and County officials to explore alternative regulatory strategies for "donut area" to protect agricultural development rights and open space. (01 Finish zone code update. 02-03-97 ---.....-.......- - 15 - (0) Pursue true cost analysis regarding present solid waste management, and best estimates of automated pick-up, composting and recycling. (0) Begin work on adding a Mixed Use designation to our zoning ordinance. (0) Staff Park Department with seasonal help to ensure existing parks are taken care of. (0) Improve and increase enforcement of traffic and pedestrian laws and ordinances and . monitor areas of concern. (0) Develop a plan for computer networking within and between departments and departmental internet access to increase productivity and cost-effectiveness and improve customer service. (0) Establish regular meetings with all advisory boards to discuss goals. Encourage innovative ideas to achieve these goals. (0) Continue user friendly government attitudes toward public. (0) Support initiatives to attract environmentally responsible new businesses to the area. (0) Establish policy for goal progress review at least two times during year. After reviewing the list, the Commissioners acknowledged that the goals, as listed above, are their goals for the upcoming year. They recognized that staff will concentrate on the top priority goals, but will work on any and all goals as the opportunity arises. Responding to Acting City Manager Brey, Mayor Stueck stated the Commission has not . received any update on the status of current goals. Recess - 4.32 p.m. Mayor Stueck declared a recess at 4.32 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearing - Zone Code Amendment - amend Section 18.04.350.A.3. of the Bozeman Municipal Code to amend the definition of "casino" bv reducing the number of video aamblinQ machines which Qualifv a business as a casino (Z-9674) This was the time and place set for the public hearing on the Zone Code Amendment, as requested by the City Commission, under Application No. Z-9674, to amend Section 18.04.350.A.3. of the Bozeman Municipal Code to amend the definition of "casino" by 02-03-97 - 16 - reducing the number of video gambling machines which qualify a business as a casino. Mayor Stueck opened the public hearing. Project Planner Christopher Williams presented the staff report, noting the City Commission directed staff to make this application. He said the current definition provides, in . part, that a business with 15 or more machines qualifies as a casino, and that certain zone code regulations apply. He said it is his understanding the Commission will not make a decision or vote until February 18, at which time the Commission will also vote on a casino overlay zone, under which casinos will be restricted to "M-1" and "M-2" districts, subject to certain restrictions. The Project Planner said that, after conducting its public hearing and considering the criteria for amending the zone code, the Planning Board voted unanimously on January 22 to recommend that the number of machines defining a business as a casino be reduced; however, the Board felt the specific number is a public policy consideration, not necessarily in the purview of a planning/zoning board. Referring to his staff report, Project Planner Williams said he had tendered a list of . establishments and the number of machines contained therein. He noted this information will allow the Commission an opportunity to see how a reduction in the number of machines might affect existing businesses, since those with a greater number of machines will become non- conforming upon passage of the amendment. He reminded the Commissioners that a non- conforming use cannot be expanded without the application for and approval of a Conditional Use Permit. Project Planner Williams said, however, if the definition of a casino remains unchanged, any business that has a liquor license can install up to fourteen video gambling machines without any significant restrictions other than that they may not identify themselves as a casino. The Project Planner noted the Planning office has received a letter and petition signed . by several individuals indicating support for any action by the Commission to further restrict gambling in Bozeman. Ms. Sandra Smiley, 618 South 14th Avenue, spoke in favor of reducing the number of video gambling machines. She noted the Commission has received petitions with signatures from people in areas other than Bozeman, such as Livingston and Belgrade, and it is her opiniona 02-03~97 -. -.-.--- ------- - 17 - that this shows Montana is watching what Bozeman does in regard to video gambling machines. She said she would like to see the Commission be very proactive in limiting gambling activities so the city does not look like Billings, Helena and Great Falls. Ms. Smiley said that casinos make a community look like a tacky, lesser Reno, and she does not feel this . is what Bozeman intends. Ms. Smiley said that reducing the number of machines could bring back the original intent of State law, which was to allow small bar owners to have some machines to make additional money for their businesses. She said she prefers that Bozeman be an example for Montana, and that is what she feels the out-of-town petitioners are telling the City. Ms. Mary Vant Hull, 416 East Story Street, said she sincerely hopes the Commission will limit the number of machines because her experience over the years has been that the gambling industry has become stronger in both Bozeman and Montana. Ms. Vant Hull said there is plenty of evidence that an automated recording system is needed, but she feels the gambling industry will encourage the City and the State to continue to give them a free hand. She said she feels having more than five machines in a business will make gambling too easy . and encouraged the Commission to reduce the number of machines to qualify a business as a casino. Mr. Phil Schneider, owner of The Point After, said he has been in the restaurant and bar business for a number of years. He said it is his feeling that the State has set the limits, and that once a limit is set, big problems are encountered when you try to further restrict business owneres. Mr. Schneider said most people like him are small business people, not big corporations. He typified small business people as being involved in operations "across the street, on Main Street", people who try to control and patrol their operations. He cited those business owners who do not pay close attention to the rules as the ones who get the big headlines. Mr. . Schneider said the businesses which work well are not heard of, because there are no problems. Mr. Schneider said there are many proposed restrictions that most of the small business owners are in favor of, such as age limits. However, he said he is concerned that the proposal to reduce the number of machines in a business is, in effect, telling him he cannot sell his facility, or devaluing his business. 02-03-97 - 18 - Mr. Schneider said he has been involved in business in this community for the past twenty years. As a small business owner, he feels it is important to not implement restrictions which would preclude them from making some money from an investment which they may have made several years ago. Mr. Schneider said making money is still the American dream; . when a businessman starts to flaunt it or when there are no concerns for the customers or their own family members, then these business owners should be reprimanded; however, when they are not in violation of the law, when they pay their taxes and employ others, he said he does not believe they should be restricted. Mr. Schneider said, if the Commission puts in a zoning regulation, that is one thing; but if the Commission tells the taxpayers that their businesses cannot have more than "x" number of machines, then it is overstepping its bounds. He concluded by encouraging the Commission to base its decision on information that is proper, not on sentimental grounds. Mr. Ralph Ferraro, owner of the Rocking R Bar and Ferraro's Fine Italian Restaurant, said he is opposed to this amendment, particularly since, in 1988, the State of Montana took away the city/county option to limit the number of machines that can be in an establishment, as long . as the place of business has a beer and wine license or a liquor license. He said that, while the Commission may zone casinos, it may not alter the number of machines an establishment has been granted by State law. He concluded by saying gambling is a clean, legal industry that has been approved by the Legislature and it should not be discriminated against by the City of Bozeman. Mr. Scott Sorenson, owner of The Bozeman Bowl, said if he plans to expand his business, but cannot because of the limit on games, he will put in twenty machines tomorrow. He said he feels he should not be limited as to the number of machines he can have. Mr. Bill Dobie, Spectators Sports Bar and Grill, said that is what he wants to be known as, a sports bar. He said he does not want to be known as a casino, but he has five machines. He queried whether, if the definition of casino is changed to five machines, he has to change . his business name to "Spectators Sports Bar and Grill and Casino". Mr. Dick Jones, manager of the Eagles Club, said his club is a fraternal order, not a casino, and he does not want to change its name. Ms. Mary Vant Hull noted that business owners can still keep the number of machines they already have, under the grandfather clause. 02-03-97 -- ------ - 19 - Project Planner Williams said the original intent of the State's regulation in permitting gambling was to make up for some of the lost revenue because of changing social attitudes regarding excessive drinking. He noted that, because of the Magic Diamond Casino application and its proximity to a church and the high school, the Commission wanted to close the loophole . requiring the same street address. The Project Planner said, in terms of the definition of casino, he does not know what number of machines makes it a viable operation. He said that City Attorney Luwe has made his determination that it is within the authority of the City of Bozeman to regulate the number of machines which qualify a business as a casino. He further noted, however, that the ultimate judge will be the District Court or the Montana Supreme Court. In response to Commissioner Youngman, the Project Planner said he is not sure the number of machines defining a casino has ever been contested, but that the present definition has been in place for a number of years. Responding to Commissioner Rudberg, Project Planner Williams said a change in the number of machines defining a casino will not require a business having that number to identify itself as a casino. He said a business may identify itself as a casino, even though it has fewer . machines than the number in the definition, but it then falls under the casino regulations. Responding to Mayor Stueck, the Project Planner recognized that in a number of establishments, such as The Bowl, the gambling machines are ancillary to the main purpose, despite the number of machines. He noted that in a casino, the machines are the primary source of income. Project Planner Williams agreed with Commissioner Rudberg, that gambling machines bring in a lot of local tax money, noting that the fourth quarter 1996 revenues were $143,000. Commissioner Rudberg said research shows we are reaching a saturation point in the number of gambling machines, and that it does not make sense to have machines sit idle. She referred to Ms. Smiley's comments about the rest of Montana watching Bozeman's decision on this issue, saying she hopes they understand the Commission's decisions extend only to the city . limits. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Mayor Stueck noted this issue will come back for Commission vote on February 18, in conjunction with the Overlay District Amendment. In response to his query, Project Planner Williams said the issues will be voted on separately. 02-03-97 ! - 20 - Commissioner Youngman observed that the Commission has heard from about one hundred and sixty people in support of the reduction in the number of machines. She further noted there were no citizens opposing the amendment, only owners of establishments that have machines. She further noted that, in regard to the out-of-town signatures, it is important . to note they have value because they would not have seen a petition unless they shopped, worked or went to church in Bozeman. She said many of them feel there are fewer and fewer places they can take their families to eat that do not have video gambling machines. Public hearina w Zone Code Amendment - amend ChaDters 18.43. entrvwav corridors. and 18.54. Dlanned unit develoDments. to imDlement the aoals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan (Z-9663) This was the time and place set for the public hearing on a Zone Code Amendment, as requested by the City-County Planning Board, under Application No. Z-9663, to amend Chapters 18.43, entryway corridors, and 18.54, planned unit developments, to implement the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan. Acting City Manager Ron Brey noted the Commission packets contained memos from Senior Planner Dave Skelton, the Planning Board Resolution and a letter from Dr. Philip . Saccoccia, Jr. He said three letters were distributed prior to the meeting, from Arline Lambert, 1521 Willow Way; Larry and Nancee H. Beebe, 1327 Cherry Drive; and Frank and Claudine Eckes, 2201 Maplewood Street. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report with a touch of humor, saying he sees light at the end of the tunnel. He noted the Eckes letter had been faxed to the Planning office late this afternoon and is the only testimony received by the office since the public hearing before the Planning Board in early January. The Senior Planner said this application is to implement the North 19th Avenue/West Oak Street Corridor Master Plan which the City Commission recently adopted by resolution. . He said the County Commission is scheduled to adopt the master plan by resolution within the next two to three weeks, so any action on this zone code amendment will be contingent upon the County Commission also adopting the master plan amendment. Senior Planner Skelton noted there are five principal elements to the proposed zone code amendment, as outlined in his staff report. He commented this application is the principal 02-03-97 __n__ - 21 - planning tool to implement the goals and objectives of the master plan. Other planning tools will include amendments to subdivision regulations and amendments to the design objective plans for entryway corridors. The Senior Planner referenced the text amendments for Chapters 18.43 and 18.54, . noting they are the result of three months of pUblic forums, work sessions with the Planning , Board, and work with the principal landowners. The Senior Planner outlined the five principal elements of the text amendments, noting that staff has reviewed the application in light of the twelve criteria set forth in State statute. He went on to point out a couple of items from the public testimony, referring to the amendments contained in his memo of January 29. He said that Item J on page 10, "Orientation of Off-Street Parking Areas", has been revised slightly to ensure that this issue is addressed during design review. The Senior Planner said the other issue, which has been of great concern to the public and to developers, is the provision of open space. He said the PUD chapter sets forth a requirement of 30% open space for the gross area of the property. Prior to this, he said, the . front yard setbacks could not be included in meeting those open space provisions; however, the key element in flexibility in this text amendment is that a percentage of the front yard setbacks can now be included in meeting this provision. He noted this makes sense since it is actually developers who are going to landscape and maintain the entryway corridor. He emphasized that not all of the 30% open space provisions can be met through the setbacks, noting that only 25% to 30% of the 30% open space provisions can be met through the front yard setbacks. The Senior Planner noted there was a lot of concern about a reduction in open space. He referred to page 5 of the text amendments for Chapter 18.54, noting the sentence that allows a reduction in the thirty percent open space provision by the Commission, based on a recommendation from the Planning Board, to "generally not less than twenty~five percent of . the development". He stressed that if the proposal is a far superior development, and the Commission feels it meets the goals and objectives in its master plan, it does have an opportunity to approve less than 25% open space. Senior Planner Dave Skelton concluded his report by saying the Planning Board voted 8-0 to recommend approval of the text amendments as per the text attached to the memo 02-03-97 . -..- - 22 - dated January 29, 1997, contingent upon the City and County Commissions formally adopting the North 19th Avenue/West Oak Street Corridor Master Plan. Mr. Keith Belden, Morrison-Maierle, recognized the efforts of staff and the Planning Board and registered his support for the text amendments. . Mr. Brian Leland, 528 North Bozeman Avenue, said his biggest concern is ensuring objectivity in the PUD process, so that developers are given some specificity. He said he does not like the language "generally" regarding the 25% open space, particularly since the open space could drop to 20%. Mr. Leland said he feels the use of "generally" is too ambiguous and should be removed. Mr. Leland cited recent newspaper articles on the high level of education in Bozeman, and all of the different amenities, questioning why Bozeman feels the need to do a give~away program to entice retail industry to the area. He registered his opinion that the 30% open space should be kept, including the use of part of the front yard setbacks. Mr. Leland said he also agrees with credit being given for land being dedicated to Rose Park in satisfaction of a portion of the open space requirement. He said he feels this idea should be expanded upon, . keeping the 30% open space but allowing the developers credit for increasing open space off- site where it is more appropriate. He said perhaps the open space incentive could include critical lands, providing for conservation easements for the benefit of and use by the community. In response to Commissioner Frost, Senior Planner Skelton said that, at the present time, the only mechanism to accomplish off-site donations in lieu of open space is through a joint agreement between two property owners. Responding to Mayor Stueck, the Senior Planner addressed the different requirements for trail surfaces in the greenway and the stream corridors. The Senior Planner noted a trail within a greenway corridor is for public access; however, some of the trails in the stream corridors may be for people working and residing in the area. . Senior Planner Skelton agreed with Mayor Stueck, that Item J on page 10 of the January 29 memorandum text amendments should read West Oak Street, not West Babcock Street. Commissioner Youngman referenced the Frank and Claudine Eckes letter, noting their concern that residential streets should be buffered from the rear of commercial structures. The 02-03-97 --- --. - - 23 - Senior Planner replied that the PUD review procedures are only for non-residential development, but that the PUD criteria already address the buffering for adjacent properties, particularly for conflicting or different land uses. In response to Commissioner Stiff, Senior Planner Skelton said the criteria for reducing . the open space required by a developer include an aesthetically pleasing development and a high quality design. He said early on in the process the advisory and decision-making bodies decided entryway corridors, stream corridors, and environmentally sensitive lands, are important to this community, and that not more than 10-12 % of the open space requirements can be met through front yard setbacks. He said the open space may include a combination of entryway corridors, stream corridors, wetlands and public common open space areas. For the record, Mayor Stueck noted that parking lots cannot be used to meet the open space requirement. He said that what was originally referred to were the planters inside the parking lots. The Senior Planner added that none of the building envelope, exclusive of setbacks, can be counted toward meeting the open space provisions. Responding to Brian Leland, the Senior Planner said there is no mechanism for the City . to be involved in the transfer of open space on site to additional acreage for Rose Park. He stressed that this must be done through private land trades or land purchases, provided the Commission approves an application for development that includes land for Rose Park. Commissioner Stiff forwarded his support for retaining the word "generally" in the open space language, allowing for some flexibility. Mayor Stueck noted that flexibility is already written into page 6 of the text amendments. The Senior Planner stressed the point that this is the only part of the text amendments that has any flexibility. Senior Planner Skelton used a drawing to illustrate the lanes and setbacks on North 19th Avenue, noting the road north of West Oak Street will be upgraded from two to four lanes in the future. Commissioner Frost said he is concerned about lowering the setback can be used for . open space requirements, noting that the requirements begin at 30% and can be reduced down to 13% or 15%, which is less than half the open space requirement under this proposal. Responding to this, the Senior Planner emphasized that this can happen only if the development meets the goals and objectives of the master plan amendments. He noted it is staff's mission to look ahead at entryway requirements for the next ten years, and if the development meets 02-03-97 -..... ~ 24 - those merits, it could be approved. Mr. Steve Kirchhoff, 516 South 6th Street, asked if there is to be a frontage road parallel to North 19th Avenue to provide access to the commercial development. In response, the Senior Planner said there will be interior roads accessing the businesses. . Mayor Stueck noted that there is limited access off North 19th Avenue. He said one will need to turn onto the midline street and go into the development to access a particular business. Responding to Commissioner Rudberg, the Senior Planner said that North 19th Avenue north of Oak Street will not have the streetscape put in immediately, since plans are to expand the roadway to four lanes. Instead, he said the developers will contribute to a fund that will cover the costs of streetscaping after the road is widened. In response to Commissioner Stiff, the Senior Planner noted that all the right-of-way needed for the road is in place, stating the right-of-way is typically 120 feet wide. In response to Brian Leland's question, Senior Planner Skelton said there will always be open space on site, a portion of which will be in common ownership. He said the maximum . that can be swapped for Rose Park without the City Commission's approval is one-half of the open space requirement. He said if the Commission feels additional open space is important within the interior of the development for trails or the greenway corridor, it can reduce the amount transferred. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Mayor Stueck congratulated Senior Planner Skelton and the rest of the Planning staff for a job well done. Commissioner Frost said he could support all of the text amendments except for the word "generally" used in the open space requirements section, noting he would like the percentage to remain at 30% so there is room to reduce that amount without losing too much . of the open space. He stressed that everyone had done a good job, but that he cannot support the proposed lessening of open space requirements. Mayor Stueck said that the burden is on the developer to prove that the proposal warrants an exception to the open space requirements. Commissioner Youngman said she likes many things about the amendments, noting she particularly likes the fact that drought-resistant grasses are required since they require minimal 02-03-97 _______._n - 25 - watering. She noted there was a tremendous amount of public input urging them to stick to the PUD standards, and with the fact that a majority of the Planning Board did want the word "generally" removed, she said she cannot support the amendment. Commissioner Rudberg said she believes in property rights, and that this property . belongs to the people who invested in it and are developing it. She forwarded her support for options to reduce the open space requirement through superior design or landscaping. Commissioner Rudberg stated she supports the idea of parks so children can have soccer fields and other recreational opportunities. The Commissioner concluded by saying she will not bend for the word "generally". Commissioner Stiff stated the percentage of open space is higher than some had expected, although it is a compromise. He said that, with the acreage involved, he feels the community will be happy with the results under this amendment. Mayor Stueck said that the long~range planning for the whole area has resulted in a good 50-year plan for the corridor. He said that, through compromise, everybody is getting something they want for the area, like the stream corridors, paths, open space and 50-foot . setbacks on each side. Mayor Stueck said he feels the extra flexibility of 5% of open space is an important part of the PUD process. The Mayor went on to say the term "generally" gives flexibility to deal with each situation. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Zone Code Amendment, as requested by the City-County Planning Board under Application No. Z~9663, amending Sections 18.43, entryway corridors, and 18.54, planned unit developments, to implement the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan, contingent upon the County Commission adopting the Master Plan Amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. . Adjournment - 6:00 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being 02-03-97 --.-.... n.___ - 26 - Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . c9~ //J~ DON E. STUECK, Mayor ATTEST: ~;(. A::;;;~ GilLIAN Z. ERLANDSON Deputy Clerk of the Commission . . 02-03-97